Page 24 - IJPS-11-4

International Journal of
Population Studies Violence against women in Vietnam

Vietnam, hindering women from fully exercising their legal framework aimed at eradicating all forms of VAW, as
rights. mandated by CEDAW.
2. Preventing and responding to VAW in Second, regarding the place of VAW, various forms of
Vietnam VAW are stipulated by different laws and regulations as
follows:
2.1. Laws and policies (i) Domestic VAW: The Law on the Prevention and
Control of Domestic Violence, enacted in 2007 and
The Vietnamese government has reaffirmed its amended in 2022, introduces new forms of domestic
commitment to recognizing and safeguarding human
rights through its membership in several UN conventions, violence, notably domestic sexual violence (Article
including the UN Convention on Political and Civil Rights 2[1]). This Law categorizes sexual violence as any
and CEDAW. Consequently, Vietnam has developed sexual act or behavior occurring without consent.
a legal framework for protecting women’s rights and However, cultural perceptions often regard sexual
relations between spouses as private matters, with the
preventing VAW. The country’s dedication to fulfilling expectation that a woman is responsible for satisfying
its international obligations by taking proactive steps to her husband’s sexual needs. Consequently, marital
prevent, investigate, and prosecute cases of VAW is evident rape is not acknowledged, as there is a prevailing
in its recent legislative and policy initiatives. These efforts belief that consent to marriage implies consent to
extend beyond gender equality and encompass broader sexual intercourse, and this presumed sexual “right”
concerns such as domestic violence and workplace sexual is typically considered irrevocable unless the couple
harassment. This commitment is demonstrated through divorces (Skinnider et al., 2017, p. 45). The new
recent revisions to the Penal Code, Criminal Procedure amendment also introduces more protective measures
Code, and Legal Aid Act (UN Women, 2017).
and support services for women and children. Article
Developing comprehensive legislation on the prevention 22 outlines measures to prevent domestic violence
of VAW is one of Vietnam’s most important tasks. The legal and protect and support its victims, including the
framework for preventing and responding to VAW can be following:
described as follows. - Forcing an end to acts of domestic violence.
First, the form of VAW is often categorized into four - Requesting the person committing domestic
forms: physical, emotional, economic, and sexual. These violence to report to the police office of the
distinct forms of violence are governed by various legal commune where the violence occurred.
instruments in Vietnam. They are addressed within - Imposing protective orders.
different legal frameworks, including the Law on the - Arranging shelters and providing support for
Prevention and Control of Domestic Violence, the essential needs.
Penal Code, the Law on Human Trafficking, the Law on - Providing care and treatment for victims of
Children, and several decrees related to handling cases of - domestic violence.
Offering legal aid, psychological counseling, and
violence. For instance, Decree No. 144/202/ND-CP, dated training in responding to domestic violence.
December 31, 2021, addresses administrative penalties for - Providing domestic violence education and
violations related to social safety, security, order, social control.
issues, fire prevention, firefighting, rescue, and domestic
violence prevention and control. - Offering suggestions and criticism to perpetrators
in their communities.
However, significant flaws exist in the consistent - Performing community service.
application of gender-sensitive procedures for addressing - Implementing measures to prevent and handle
all forms of VAW. For example, cases of VAW can be administrative violations according to the law;
handled under different legal procedures, including the measures to prevent and protect victims under
Criminal Procedure Code, Civil Procedure Code, and criminal procedures laws regarding perpetrators.
Law on Handling Administrative Violations. This lack (ii) VAW in the workplace: The Labor Code 2019 and
of uniformity in the principles governing the handling Decree No.12/2022 on penalties for administrative
of VAW leads to inconsistencies and increased risk of violations against regulations on labor, social
victimization. In addition, emerging forms of violence, insurance, and Vietnamese guest workers prohibits
such as cyber and dating violence, are not currently sexual harassment. Article 11(3) specifies that a fine
addressed by existing laws. Consequently, Vietnam of approximately 700 – 1200 USD shall be imposed
urgently requires the development of a comprehensive for acts of sexual harassment in the workplace, if not

Volume 11 Issue 4 (2025) 18 https://doi.org/10.36922/ijps.1758