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International Journal of
Population Studies Violence against women in Vietnam

subject to criminal prosecution. To promote female or the Chairperson of the People’s Committee at
workers’ rights regarding gender equality, Article 28 the respective administrative levels. The authority
of this Decree on regulatory violations against female to handle such cases is based on the gravity of the
employees and gender equality stipulates: violation and the associated penalties. For example,
(1) A fine of approximately 250 – 500 USD shall be imposed the Chairperson of the People’s Committee at the
on an employer for: commune level has the authority to impose fines
a) Failing to ensure gender equality and the of up to 250 USD (5 million VND), whereas, at
implementation of measures to promote the district level, the Chairperson’s competence
gender equality in recruitment, job assignment, extends to penalties of up to 2,500 USD (50 million
placement, training, working hours, rest periods, VND) (Article 38, Law on Handling Administrative
salaries, and other policies. Violation 2012, amended 2020). For instance, Decree
b) Failing to consult with female employees or their No. 144/2021 includes two distinct articles related to
representatives when making decisions affecting cases of violence, specifying different penalties and
their rights and interests. jurisdictions. Article 7.3 states,
Decree No.145/2020, dated December 14, 2020, which “A fine ranging from around 100 – 150 USD shall
elaborates on some articles of the Labor Code regarding be imposed for any of the following violations:
working conditions and labor relations, also stipulates (a) Taunting, teasing, insulting, or humiliating
the obligations of employers in developing internal another person, except in cases specified in Point
regulations to prevent sexual harassment. According to b Clause 2 Article 21 and Article 54 of this Decree;
Article 84(1), sexual harassment is defined as including (b) Organizing, hiring, enticing, or tempting another
requests, demands, suggestions, threats, or the use of force person to cause injuries or bodily harm, or to insult
to coerce sex in exchange for any work-related benefits. In or humiliate another person, without being subject to
addition, it includes any sexual act that creates an insecure criminal prosecution.”
and uncomfortable work environment, adversely affecting In cases falling under this article, the Chairperson at
the mental and physical health, performance, and overall the commune level has jurisdiction to handle the matter
life of the victim. This marks the first legal definition of according to the administrative procedures outlined in the
sexual harassment in Vietnam, reflecting the government’s Law on Handling Administrative Violations. However, Article
increased focus on protecting women’s rights and 54 of the same Decree applies in cases involving domestic
combating sexual violence in the workplace. violence, with more severe penalties. Article 54 addresses acts

(iii) VAW in public spaces: Public spaces are defined to of defamation within family relationships as follows:
differentiate them from domestic and workplace “1. A fine ranging from around 250 – 500 USD shall be
settings. This clarification helps determine the imposed for insulting, nagging, or damaging the honor
jurisdiction for addressing cases of violence and and dignity of a family member; 2. A fine ranging from
provides a legal foundation for their resolution. around 500 – 1,000 USD shall be imposed for any of
For example, if a case of sexual harassment occurs the following violations: (a) Disclosing or distributing
in a public space, penalties as stipulated in Decree materials or documentation concerning the privacy
No. 144/2021/ND-CP will apply, whereas sexual of a family member to harm their honor and dignity;
harassment in the workplace will be governed by (b) Using media to tarnish the honor and dignity of
Decree No. 12/2022. a family member; (c) Disseminating and distributing
Third, regarding penalties imposed on perpetrators, leaflets, articles, photos, or audio materials aimed at
acts of VAW are divided into categories including harming the honor and dignity of a family member.”
administrative violations and criminal offenses, which can The Chairperson of the People’s Committee has
be described as follows: jurisdiction to deal with cases falling under Article 54.
(i) Administrative violence these are illegal acts However, if a perpetrator is involved in an administrative
committed by individuals or organizations that are violence incident, their actions do not result in a criminal
not classified as crimes and for which administrative record. This distinction is noteworthy because a wife
sanctions are imposed according to law. Various may be hesitant to report instances of domestic violence,
regulations govern acts of domestic violence, as well fearing that she would be liable to pay the fines from the
as violence perpetrated by individuals other than family’s shared assets. This highlights practical challenges
family members. Cases of administrative violations in enforcing the law effectively and contributes to the low
fall under the jurisdiction of either the local police number of reported cases.

Volume 11 Issue 4 (2025) 19 https://doi.org/10.36922/ijps.1758