Page 26 - IJPS-11-4

International Journal of
Population Studies Violence against women in Vietnam

(ii) Criminal offenses: VAW is also addressed under the their cases due to the burden of proof. For example, in
Penal Code 2015 (amended in 2017), which includes a rape case, it is crucial to report the crime to the police
various articles such as before undergoing a medical forensic examination. The
− Physical acts of violence: Article 133 on the threat examination, which is not mandatory, is conducted by
of murder and Article 134 on the deliberate female officers at the investigator’s request to collect
infliction of bodily harm upon another person: evidence. However, a significant challenge arises because
“A person who deliberately inflicts bodily harm these medical examinations often occur more than 24 h
upon another person and causes 11 – 33% after the crime is committed, and DNA evidence must
WPI or under 11% WPI in any of the following be collected within 72 h. Missing this timeframe may
circumstances shall face a penalty of up to a undermine the credibility of the evidence supporting a
3-year community sentence or 6 – 36 months of rape allegation. Therefore, it is essential to collect potential
imprisonment.” bodily fluids from areas where DNA might not persist
− Acts of sexual violence: Article 141 on the crime beyond 24 h.
of rape; Article 142 on the rape of a person under Regarding sexual harassment, the Labor Code 2019
16 years old; and Article 146 on the molestation and Decree No. 145/2020 address sexual harassment
of a person under 16. in the workplace, whereas Decree No. 144/2021 covers
− Emotional violence: Article 155 on insults to sexual harassment in public spaces. However, handling
another person. sexual harassment cases depends on a company’s internal
− Economic violence: Article 178 on the deliberate rules. Under Vietnamese legal regulations, sexual
destruction of property. harassment cases fall under different jurisdictions based
It is worth noting that there is no distinction between on the location of the incident—whether it occurs in
crimes committed by husbands/partners or strangers. the workplace or a public space. According to Decree
For example, rape applies to all cases, with a relationship No. 145/2020, a workplace is defined as “any location where
potentially serving as a mitigating or aggregating factor. the employee works, as agreed or assigned by the employer,
However, there are no reported cases of marital rape including work-related venues such as social activities,
(Huong & Ly, 2022). Other provisions also apply to conferences, training sessions, business trips, meals, phone
domestic violence, such as Article 184 on incest and Article conversations, communications through electronic media,
185 on the maltreatment or abuse of one’s grandparent, employer-provided shuttles, and other locations specified
parent, spouse, child, grandchild, or caregiver. by the employer.” This definition creates challenges in cases
that can address sexual harassment that occurs between
2.2. Ineffective implementation of law in handling co-workers, as it may not always be clear whether the
VAW employer can handle such a situation. For example, if an
In addition to limitations in the legal framework for employee invites colleagues to their home for a farewell
preventing and responding to GBV, the ineffective party and commits an act of sexual harassment in a private
implementation of the law impedes victims of GBV setting, it is uncertain whether the company can handle
from seeking legal protection and remedies. Notably, such a case because it did not occur in the workplace.
a joint United Nations Population Fund (UNFPA) and Similar challenges arise when a group of employees goes
Government of Vietnam survey (2020) revealed that 49.6% to a karaoke bar, and one employee harasses another. In
of women who had experienced physical and/or sexual such cases, determining the appropriate legal framework
violence by a husband or partner had never disclosed it to is challenging, as it may involve Decree No. 144/2021
anyone, and 90.4% had not sought help from official support (addressing sexual harassment in public spaces) or Decree
services or authorities. The primary reasons for this include 12/2022 (addressing sexual harassment in the workplace).
victim-blaming and a lack of gender-sensitive skills among Consequently, law enforcement officers face difficulties
law enforcement officers, particularly when handling cases in determining the legal grounds for handling sexual
of sexual violence. For instance, many victims of sexual harassment cases.
violence find little support from the criminal justice system, Another issue is that judgments often lack adequate
where the attitudes of police, prosecutors, and judges can consideration of the impacts on victims of sexual abuse.
significantly influence the application of the law and the Sexual violence is one of the most severe forms of GBV,
treatment of victims (Skinnider et al., 2017). and victims often encounter significant challenges in

Procedures for handling cases also pose challenges to seeking legal protection and remedies. The impacts of
victims. Victims of violence are often hesitant to report sexual violence differ from those of other types of GBV,

Volume 11 Issue 4 (2025) 20 https://doi.org/10.36922/ijps.1758