Rights and Gender in Vietnam

TRAINING Vietnam Land Access for Women (LAW) Program TOOLKIT Photograph courtesy of ISDS Photograph

This report is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents are the responsibility of ICRW and ISDS and do not necessarily re ect the views of USAID or the United States Government. ACKNOWLEDGEMENTS

Funder

This toolkit is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents are the responsibility of ICRW and ISDS and do not necessarily reﬂect the views of USAID or the United States Government.

Authors Gina Alvarado Khuat Thu Hong Stella Mukasa Zayid Douglas Jennifer Schutzman Nguyen Thi Van Anh Nguyen Thi Phuong Thao Vu Xuan Thai

In Charge of Publication Jennifer Schutzman

Implementing Partner Institute for Social Development Studies

The International Center for Research on Women (ICRW) gratefully acknowledges the partnership of the Institute for Social Development Studies, especially Nguyen Thi Tu, Pham Thi Thanh Van, Le Mong Phuong and Do Mai Quynh Lien for their contribution in the ﬁeld.

Special thanks to the community members who participated in the research.

©2015 International Center for Research on Women (ICRW). Portions of this report may be reproduced without express permission from but with acknowledgement to ICRW. Vietnam Land Access for Women (LAW) Program

TRAINING TOOLKIT

Rights and Gender in Vietnam

Contents

About This Toolkit...... 5 Rights and Gender in Vietnam...... 7 Module Objectives...... 7 Handouts...... 8 Learning about Gender, Gender Prejudice and Gender Inequality...... 9 Background...... 9 Exercise: Distinguish Between Gender and Sex...... 9 Discussion: What Is Gender Prejudice? What Is Gender Inequality?...... 9 Exercise: Gender Norms...... 10 The Constitution: The Highest Law of the Socialist Republic of Vietnam...... 11 Discussion: Supremacy of Constitution...... 11 Article 119...... 11 Customary Law in Vietnam...... 11 Value of Customary Law...... 11 Characteristics of Customary Law...... 12 Exercise: Spot the Rights...... 13 Rights & Human Rights...... 14 Background: Rights...... 14 Discussion: What Are Rights?...... 14 Discussion: Human Rights...... 14 Exercise: Understanding Rights in Theory and in Practice...... 15 Background: Exploring Rights with Respect to Property and Land...... 15 Exercise: Where Do I Stand?...... 16 Optional Exercise: Personal Reflections...... 16 Property Rights...... 18 Background: What Are Property Rights?...... 18 Discussion: Sharing Experiences About Property Rights...... 18 Background: Who Makes Property Rights?...... 19 Background: Who Enforces Property Rights?...... 19 Exercise: Women’s Property Rights Benefit Everyone...... 19 Discussion: Women’s Property and Land Rights in Vietnam...... 19 Handout 1: Gender and Other Important Terms in the 2006 Law on Gender Equality...... 21 Handout 2: The Constitution & Rights of All Citizens...... 24 Handout 3: Property Rights & Women’s Rights Under the Law...... 24 Civil Code...... 24 The Law on Gender Equality...... 26 The Marriage and Family Law...... 31 Handout 4: “A Woman with Property” Illustration...... 33

About this Toolkit

The right to access, use, and have control of land is women and men as equal citizens. However, be- a fundamental right enshrined in the Universal cause women are often not treated as equal citi- Declaration of Human Rights (and Convention on zens, the materials pointedly highlight their rights Elimination of all forms of Discrimination Against throughout the manual, in order to fully inform Women). Access to and control of land are impor- participants about what rights women do have, tant because property allows people to build a how to communicate effectively on the topic, the home and/or to sustain a livelihood for themselves obstacles preventing women from having and/or and their families. Individual ownership of homes exercising their rights, and how to address those and land can increase individuals’ power within issues in practice. their households, communities, and states. How- With the help of the Property Rights and Gender ever, the ability to own and use land depends on the Training Toolkit for CVGEAs, ICRW and ISDS aim to: complex interaction between legal and social con- texts. While both men and women may be denied • Increase women’s knowledge of their legal their land (and property) rights, women are more rights to land according to current law, and frequently marginalized due to gendered social increase their understanding and recogni- and legal norms that block their exercise of these tion of women’s and men’s equality before rights. Vietnamese law, particularly their access to land rights; The Vietnam Land Access for Women (LAW) Pro- • Raise awareness of gender-based challenges gram addresses this gap in (women’s) land and in implementing land rights in rural areas; property rights. The LAW Program is carried out Washington-based International Center for Re- • Increase awareness of how women can exer- search on Women (ICRW) and Hanoi-based Insti- cise and protect their own land rights while tute for Social Development Studies (ISDS) with the respecting the rights of their fellow citizens. support of the U.S. Agency for International Devel- ICRW and ISDS believe that the first step to secur- opment (USAID). This Program aims to increase ing land rights requires raising awareness of farmers’ awareness of land rights, facilitate their everyone’s legal rights, and emphasizing that ability to exercise these rights, collect evidence on women’s rights are protected by law and are just as the (key) barriers farmers face in upholding land important as men’s. rights, and strengthen the capacity of local civil society organizations and mass organizations to ad- The toolkit has five modules: vocate for gender equitable application of existing • Rights and Gender in Vietnam laws. A key activity in the project is the organization • Land Law and Gender and support of teams of Community Volunteers for • Land Rights in Marriage and Family Gender Equality Advocacy (CVGEA) to help farmers, particularly women farmers, in the northern • Inheritance Law, Wills, and Women province of Hung Yen and the Mekong Delta prov- • Monitoring Skills for the CVGEA ince of Long An to improve their understanding of The modules are designed so that trainers can land rights. choose to do all of the modules, or focus on a par- The Property Rights and Gender Training Toolkit ticular one. However, we recommend beginning for CVGEA seeks to strengthen understanding of with Module 1, Rights and Gender in Vietnam, es- property rights—specifically those to land—for pecially for CVGEAs who have received little previ-

Rights and gender in Vietnam | 5 ous training in either gender or human rights. The need to present all of the information in lec- module uses a human rights-based approach to ture sections clearly. introduce women’s rights, land rights, and gender, • Discussion sections promote group conver- which the toolkit originators—Institute for Social sation, encouraging participants to ask Development Studies (ISDS) and ICRW—have found questions and share their experiences, to be a positive starting point for discussions on which highlights differences between cus- women’s land rights. tom and written law. The facilitator’s role is The modules use five different methods to engage more to guide the conversation than to pres- participants.1 ent information. • Exercise sections give participants a chance to • Background sections introduce new materi- practice a new skill or idea. Exercises can be al, explain new concepts, and discuss the used to make ideas in the Background, Lec- gendered aspects of the module topic. Facil- ture, and Discussion sections more concrete. itators can use the background information • Handouts and Resources, featured at the as a short lecture, a reading exercise for par- end of every module, can be used during the ticipants, or as introduction to new topics. training, and also by community rights work- • Lecture sections provide specific informa- ers in their own outreach or sensitization tion about the module topic. Facilitators work.

1. This toolkit is inspired by previous work by ICRW and the Uganda Land Alliance (ULA) with paralegals in Uganda.

This toolkit was designed to serve as a guide for training Community Volunteers on Gender Equality (CVGEA). The modules contain legal reference material for the CVGEAs to support their delivery of legal advice and community sensitization activities in this capacity. Specifically, the handouts presented in this module are meant to be used only by the CVGEAs as part of preparation for sensitizations or legal counseling services.

6 | Rights and gender in Vietnam Rights and Gender in Vietnam

Women rights are human rights. These rights, in- 19802, 1992 and its amendment in 20013, as well as cluding the right to own property, are often ignored the Constitution of 20134. Vietnam also has a law or violated everywhere in the world. This is also the on Gender Equality. The 2006 law on Gender Equality case in Vietnam. Women’s rights and gender equal- highlights the quality of women’s rights in Vietnam. ity are not just a matter of individual women, but The Social Insurance Law (2006), Law on Residence also a concern of humanity. The evolving rights of (2006), the Law on Domestic Violence Prevention citizens in general, and women’s rights in particu- (2007), and the Nationality Act (2008) also contain lar, mark the legacy and innovation of each era. provisions to protect the rights of women. Accord- In Vietnam, everyone is born with equal rights, ingly, some specific rights guaranteed women: which are protected by law without any distinction. equality; freedom of speech; labor rights; social Citizens are equally entitled to the same rights and security and social welfare protections; the right to obligations without discrimination based on gen- vote or stand for election; the right to participate in der, religion, or wealth. Equal rights should be re- social management, state management; freedom flected in all areas of life, especially in economics, of religion; inviolable rights body, life, and health; politics, culture, and the judicial system. Though the right to respect, honor, and dignity. women and men are equal under Vietnam’s laws, women often are denied their rights in practice. This is especially true regarding their rights around prop- Module Objectives erty and land, which are very much tied to culture CVGEAs will understand: and custom. This module teaches CVGEAs about human rights, property and land rights, as well as • What rights are what the law of Vietnam says about women’s and • Provisions on women’s rights and gender is- men’s equality. It creates space for safe discussion sues in Vietnam and exploration of participants’ own views on gender • The rights of men and women prescribed by equality and the relationship of culture to women’s law rights.

The Law on the Rights and Gender Issues include: 2. Constitution of 1980 stipulates: “All citizens are equal before the law.” (Article 52) This is a general provision for all, • Constitution of the Socialist Republic of Viet- showing no gender discrimination. The Constitution further asserted: “Citizens, irrespective of ethnicity, gender, nam or social status, has the right to vote from 18 years old and older. Those 21 and over are eligible for candidate for elec- • The Civil Code tion to the National Assembly and the People’s Councils • The Marriage and Family Law of all levels.” (Article 54) “Male and female citizens have equal rights in all aspects of political, economic, social, and • The Law on Gender Equality family. All acts of discrimination against women and women’s dignity are prohibited”. (Article 64) Gender equality is not a new element in the law of 3. In Constitution of 1992 (as amended and supplemented in Vietnam. The Constitution of 1946 states that women 2001), Articles 53, 54, 63, and 65 are unchanged. They confirm the value of women’s rights, which have been identi- and men are equal. Women’s equality to men’s under fied and promoted over two decades. the law is also mentioned in the Constitution of 19591, 4. In addition to stating that no one should be subject to discrimination in Article 16. This Constitution also states that “1. The State shall adopt policies to guarantee the right to 1. Constitution of 1959 stipulated: “Women of The Democra- and opportunities for gender equality. 2. The State, society tic Republic of Vietnam have equal rights with men in all and family shall create the conditions for women to deve- aspect of political, economic, cultural, social and family.’’ lop comprehensively and to advance their role in society. 3. (Article 24). Gender discrimination is prohibited.” (Article 26)

Rights and gender in Vietnam | 7 • How the gender barrier affects the rights of Handouts women At the end of the module, there are three handouts CVGEAs will be able to communicate: that can be used both during the training and by • Legislation related to gender equality in Viet- CVGEAs in their own outreach or sensitization in nam their communities.

• How women and men have equal rights, both • Handout 1: Gender and Other Important Terms in general and specifically with respect to the 2006 Law on Gender Equality land and property ownership • Handout 2: Constitution of the Socialist Re- CVGEAs will bring to their communities: public of Vietnam • Knowledge of the rights of men and women • Handout 3: Women’s Rights and Property prescribed by law Rights Prescribed by Law • Awareness that women and men have equal • Handout 4: “A Woman with Property” Illus- rights, in general and in respect to land and tration property Total time: 8 hours • Understanding of Vietnam’s commitment to the principle of gender equality

8 | Rights and gender in Vietnam Learning about Gender, Gender Prejudice and Gender Inequality

Background 6. Finally, the trainer introduces the concepts of Gender and Sex using Handout 1: Women’s and men’s rights have changed over time, usually reflecting mainstream gender norms in The 2006 Law on Gender Equality defines the follow- every society. This section will discuss what gender ing concepts: means and how gender equality is connected to • Gender indicates characteristics, position our work on women’s rights. and role of women and men in all social relationships. Exercise: Distinguish Between Gender and • Sex indicates the biological characteristics Sex (30 minutes) of male and female.

1. The trainer writes the characteristics of sex and Gender and sex are differentiated in the 2006 law. gender on color cards. Features of Gender might The biological characteristics of male and female be strong, coy, modest, breadwinners, house- (sex) are natural, innate, unchanging, and identical wives, crying; some characteristics of Sex could everywhere. The fundamental difference between be beard, breast, testes, penis, uterus, vagina, etc. women and men is that women have menstruation, pregnancy, childbirth, or breastfeeding. Men are 2. Divide the table into three columns, the first capable of producing sperm for women to conceive. column is “Men,” the second is “Women,” and the last column is “Both.” After laying all the The social characteristics of men and women (gen- prepared color card on the floor, the trainer der) are unavailable from birth, but are behaviors, makes a request: roles and positions of the person which are taught, socially expected, and regarded as belonged to men, • Please stand up and determine if these char- women, boys, and girls. Gender varies by region and acteristics belong to men, women or both religion, and can change when political, economic, genders? and social conditions evolve. 3. After all students have put color cards into three columns, the trainer asks if students want to change their answer. If they want to change, Discussion: What Is Gender Prejudice? they can rearrange the cards. What Is Gender Inequality? (30 minutes) 4. The trainer will analyze all the traits to see 1. In this section, the trainer can have the discus- which gender the trait truly belongs to. sion in a large group or divide the class into 5. After the sorting is completed, the trainer will three groups. Ask the participants: Please list merge the characteristics from column “Men” the folk stories and proverbs about the identity and column “Women” into one group and use of man and woman. open-ended questions to ask students: 2. After students complete listing, the trainer ana- • According to you, where do these traits come lyzes each saying to highlight indications of from? bias, and to illustrate how the prejudices creat- • Are these specifications identical in regions, ed inequalities in society. time, and culture? 3. Trainers introduce the concept of gender preju- • Can these characteristics be changed? dice and gender inequality using Handout 1.

Rights and gender in Vietnam | 9 One reason to talk about women’s property rights Exercise: Gender Norms (30 minutes) is because gender norms affect whether women On the board or fresh sheets of paper, write “Wom- can have or use property, have property taken from en,” “Men,” “Girls,” and “Boys.” Assign small them, get help to reclaim property, earn an income groups to each category. Ask the groups to write and support themselves, or live on a piece of land. examples of: Gender norms are the expectations society has about • What people in their category do and do not do the roles, rights, responsibilities, abilities, behavior and importance of women, men, girls, and boys. • Resources they do and do not access Gender norms influence the rules that people live • Benefits they do and do not receive under and influence the opportunities and choices • Decisions they do and do not make available to men and women, their decision-making power, their relationships, and their personal When they have finished, ask the group to explain identities. the norms they gave. Ask if they know of any woman, man, girl, or boy who does tasks, has resourc- Gender is about: es, has decision-making, or has expectations • The tasks women, men, girls, and boys do. outside the gender norms given. Then discuss how the norms influence their work as community • Women, men, girls, and boys have resources rights workers. For example, it may affect the types to do their tasks. Resources may include of cases that come to them, what persons or par- time, tools, assets, knowledge, and land. ties they need to consult with, where they refer • Benefits women, men, girls, and boys expect people to, the overall approach that they take, etc. to gain from their efforts. • Decision-making power women, men, girls, Women’s property rights are important, not just for and boys have about the tasks they will do, women, but for their families and villages because the resources they will have, and the bene- women affect everyone around them. See Handout fits they receive. 4: “A Woman With Property.” • Expectations women, men, girls, and boys have of each other and of themselves.

10 | Rights and gender in Vietnam The Constitution: The Highest Law of the Socialist Republic of Vietnam

Discussion: Supremacy of Constitution whole community, so it is not a tool to maintain so- (30 minutes) cial dominance of a class, but it is a tool to adjust and regulate social relations between different 1. Explain that, in Vietnam, the Constitution is the members of the community. supreme law. Ask the participants: Customary law covers and specifies the standards • What is the Constitution? of ethics, social justice, cultural values, spirit, and • Why would you say the Constitution is the traditions. fundamental law with the highest legal effect? Customary law is not issued by an individual or su- • What does the Constitution say about the preme power, but instead emerges organically rights of women? from a communities’ shared belief about what is 2. After participants answer, teachers read Article appropriate, and is passed down from generation 119 of the Constitution (if possible have copies to generation. There is no authoritative entity to of the Constitution available). enforce it but it is instead self-enforced by a communities’ desire not to transgress these bounda- Article 119 ries of appropriateness and of what they consider 1. The Constitution is the fundamental and su- right and wrong. preme law of the Socialist Republic of Vietnam. Like the law, customary law is normative and coer- All other legal documents must conform to the cive. However, customary law and the law are not Constitution. consistent with each other, as outlined in the com- parison table of the next page. All violations of the Constitution shall be dealt with. Thus, customary law maintain and order stability 2. The National Assembly and its agencies, the necessary for the development of society, adjust President, the Government, People’s Courts, social relations. People’s Procuracies, other agencies of the State, and all the People shall defend the Con- stitution. Value of Customary Law The mechanism to defend the Constitution shall • Customary law in a certain range, and in be prescribed by law. some areas most likely to replace formal law • Customary law has additional roles for formal law in certain conditions Customary Law in Vietnam • Support for legislation in many areas, the To a certain extent, customary law has a role be- role of customary law is especially important cause social values regulate social relations and in the current period when the laws have not help maintain stability in the community, ensuring found a way of impacting the consciousness community survival and development. Customary of individuals in ethnic minority groups. Fur- law is not law but rather the social norm that limits ther, the management from the State to the the behavior of individuals and communities in ac- community does not penetrate people’s lives. cordance with common interests. Customary law Therefore, customary law replaces formal does not reflect the will and aspirations of the law in many areas.

Rights and gender in Vietnam | 11 Customary Law Law

Scope An ethnic group or a group of people, including Effective in society, national many hamlets and villages

Legal Simple, loose Close

Enforcement Voluntarily, enforcement by community State enforcement

Primarily transmitted orally through the “words Delimitation of the nature of the that rhyme,” such as songs, singing worship, phenomenon is expressed in the form Form poetry, or through social practice activities. In of state documents, structured closely general, the simple structure, perceived by hu- with strictly issued procedures. man intuition. Benefit to country, maintain public Used Benefit to the location, maintain community order order Nature Peculiar local General

Knowledge Specific local knowledge General knowledge

Characteris- Soft, flexible, consensus of the community, in Principles, fixed. Directed from above. tics association with the cultural system Beyond cultural system Goal Towards unity, solidarity Towards the equal

Means Word of mouth or documentation Document

• In addition, customary law can substitute for only solves the problems that arise when existing legislation. Formal law does not an- local customary law is not resolved. ticipate reality perfectly, so customary laws • The concept of customary law: Principles of acts as complementary forces that regulates conduct are unwritten and are based on social relations. The role of customary law is morals, manners, customs, beliefs, and reli- detailed, specifying rules that suit the actual gion that—after being long applied—become circumstances. a tradition that everyone follows. • For example, legislation prohibits fishing us- • The content of customary law: Synthesis of ing a number of means and methods of that the social norms that meet the requirement are harmful. Customary law prohibits catch- of maintaining and strengthening the unity of ing fish using chemical means. a community. They shape standards of con- • The role and value of customary law is to duct in social activities, establish hierarchy, complement law, not replace it. Therefore, and order the regulatory framework of social customary law must not contradict the basic relations. principles of law. Experience shows that cus- • Today, customary law guides case manage- tomary law is used in two ways: ment and exploitation of resources, commu- 1. State grants to local agencies compe- nity relations, marriage and family, habits tence on certain issues that take effect and customs, as well as beliefs and rituals. within a residential unit in accordance with the provisions of law. Characteristics of Customary Law 2. The State recognizes the existence of • The most highly developed form of custom- customary law and customary law is con- ary law is both mandatory and done volun- sidered as a part of the law. Legislation tarily by all the members in the community.

12 | Rights and gender in Vietnam • Customary law reflects the unique cultural 2. Ask the first two groups to identify as many hu- identity and social circumstance of the local man rights as they can and to write them out in community. simple language.

For example, according to customary law with- 3. Ask the next two groups to identify as many in an ethnic minority group in La ha, Nam rights as they can about land or other property Pam, Muong La, Son La, before getting mar- and to write them out in simple language. ried, the husband has to live with the wife’s 4. Have the groups present what they have writ- family for more than ten years, during which ten. they may have children. After that time, the wife’s parent agrees to a wedding. The hus- 5. After the presentations, the teacher summariz- band brings the gifts to the wife’s family and es, emphasizing that men and women have takes the bride and children to his house. equal rights and that discriminatory behavior is prohibited. This is very important; it helps the CVGEA to express the rights of the community. Exercise: Spot the Rights (1 hour) 6. Wrap up the discussion by having the partici- This exercise is intended to help the CVGEA be- pants answer the questions. come familiar with the Constitution, especially as See provisions on human rights in Articles 14, 15, it/they relate(s) to human rights. 16, 26, and 32 of The Constitution of the Socialist 1. Divide the participants into four groups and give Republic of Vietnam. (Handout 2, page 23) each group a copy of Constitution.

Rights and gender in Vietnam | 13 Rights & Human Rights

Background: Rights Discussion: Human Rights (30 minutes)

The law is based on an understanding of rights. CV- This is meant as a reflective discussion where par- GEAs need to understand what rights are, where ticipants slowly come to see the assumptions be- rights come from, and their own role in protecting hind their beliefs. The aim is not to come up with a and promoting rights, in particular property rights. correct answer but to get people thinking about the CVGEAs may need to challenge negative percep- concept of human rights. tions some communities hold about the notion of 1. Ask the participants to discuss in groups of two. rights. It is important that the CVGEAs can explain Begin the discussion by asking the following the concept of “rights” in a way that will promote questions: community support, not resistance. • What do you think the term “human rights” means? Discussion: What Are Rights? (30 minutes) • Where do human rights come from? • Who can take away human rights? 1. Every culture has a concept of human rights. We use the word “rights” in our everyday language. 2. Ask participants to give examples of human We say things like, “She had a right to do that,” rights violations they have witnessed in their or, “We have a right to do this.” Ask participants lives. to give examples of the use of the word “rights” Some key points you may want to further introduce from their own experiences. in the discussion include:

2. When you feel that the group has a common un- • Every person has human rights just because derstanding of what is meant by the word “rights,” they are human. open a discussion by asking participants: • We are born with human rights, and they • What are rights? cannot be taken away. • What rights do we have? • States confirm human rights in laws to rein- • From where do we get our rights? force protections for human rights. • Who gave them to us? • Every right comes with responsibilities. For • Can they be taken away? example, because I have a right to live free of violence, I have a responsibility to respect 3. Ask open-ended questions that expand on the others’ right to safety. discussion. You may have to ask contrary questions to enrich the discussion. • When a person’s rights are violated, this is an act of injustice. • The law gives us rights? • Respect for other people’s human rights is • Can the law decide which rights we have and not an act of kindness, but a responsibility which we don’t? and an obligation. • Do men and women have the same rights? • When people demand their rights, they are • Who can take away our rights? fighting for the justice they deserve. They are

14 | Rights and gender in Vietnam not asking for welfare, kindness, or pity. When 8. Leave the circle intact with the separated par- you promote anyone’s rights, including wom- ticipant still inside. Ask each of the following en’s rights, you are fighting for justice, not questions to ensure that participants recognize appealing to people’s good will. the difference between rights in theory and in practice, and understand the role of communi- See provisions on human rights in Articles 14, 15, ties in both upholding and violating rights. 16, 26, and 32 of the Constitution of the Socialist Republic of Vietnam. (Handout 2, page 18) • Does the participant inside the circle still have freedom of movement in theory? (“Yes” See provisions on human rights in Articles 29, 32, should be the response because you have 37, 38, 39, 40, 41, 42, 44, 46, 47, 48, 49, 50, and 164 just taught about the inherent nature of hu- of The Civil Code. (Handout 2, page 21) man rights in the last exercise.) • In practice, does this participant have free- Exercise: Understanding Rights in Theory dom of movement right now? If not, why not? and in Practice (30 minutes) 5 • Who violated her human rights? If everyone agreed to keep her inside, is it still a violation In reality, sometimes people are unable to benefit of her rights? from their human or legal rights. For a written le- • Whose responsibility is it to ensure that she gal right or a human right to become real, society has the right to freedom of movement? must know about it and enforce it. This exercise will help participants understand how easily our • Who took away that right in practice? The fa- basic rights can be denied. cilitator? The participants? • Even if participants were following instruc- 1. Gather all participants together in a circle and tions, they violated her human rights. No one ask them to hold hands. questioned the facilitator’s authority to make 2. Separate a female participant and place her out the rules; no one allowed her the freedom of of hearing range. movement that is hers by right. Thus, every 3. Tell the other participants that the separated person played a role in denying this person participant will be placed in the middle of the her human right. circle and that under no circumstances are they 9. Ask the participants to relate this exercise to to allow her to get out. how women’s rights are restricted in the family/ community/nation and what can be done to pre- 4. Tell the separated participant to go inside of the vent the violations. circle and await instruction. 10. Continue the discussion by asking, “If all people 5. Once the participant is inside the circle, walk are entitled to rights by the fact of their being away, and then call out and tell her to come over human, why do we single out women’s rights?” to you.

6. Continue calling the participant inside the circle to come to you and watch as she increasingly Background: Exploring Rights With tries to break free from the circle at different Respect to Property and Land points. Before introducing the law, it is crucial to begin 7. Stop the exercise before the energy level gets with what participants believe regarding women’s too high. property rights, particularly concerning land. Ex- ploration of their own beliefs is a good way to pre- 5. Popular Education for Human Rights: 24 Participatory Ex- pare participants to learn the law. The exercises ercises for Facilitators and Teachers, by Richard Pierre Claude, University of Maryland, 2000. are not intended to single out participants who may

Rights and gender in Vietnam | 15 be struggling with the notion of women’s right to Possible Statements: own property, or their rights to manage, use, or al- • All human beings are equal in rights and ob- locate land. Rather, the aim is to provide a safe ligations. space for participants to declare and investigate • A wife’s dowry will become the property of their own long-held beliefs about women’s land both wife and husband. rights and to help their evolution towards a highly-informed view. The session is the start of a life- • Men are the owners of their families and long journey toward protection and promotion of have the right to decide everything without women’s land rights. the wife’s agreement. • Girls have the right to receive a share of property left by parents when they get mar- Exercise: Where Do I Stand? (45 minutes) ried, just like sons.

This exercise will allow you to start the dialogue • Women should have equal decision-making about the participants’ beliefs around women’s land powers in the home as men. rights. • Women should be able to inherit land both from their parents and from their husbands. 1. Make three “islands” in room. The first island is • A man should not tell his wife about all his called “Agree,” the second one “Disagree,” and land/property because women cannot be the third one “Not Sure.” trusted. 2. Explain that you will read a statement (see pos- • If women want to have their names on the sible statements below) and the participants have certificate of land use rights, they should to rush to the island that corresponds with what contribute to buying it. they think. For example, you could say, “Women • Women should have their name on the cer- have their names on the certificate of land use tificate of land use rights in case the mar- rights.” If the participant agrees, he/she has to riage does not work out. rush to the island of “Agree.” Those who disagree must rush to the island of “Disagree.” Those unsure move to the island of “Not Sure.” Explain Optional Exercise: Personal Reflections that everyone should choose an island according (15 minutes) to personal beliefs, and not what he thinks the law is, or what you wish to hear. After the group presentations, ask the participants 3. After each statement, ask some people to ex- to reflect individually on what beliefs they may plain why they chose that island. If there is suf- need to change to become better champions of ficient time, ask each island group to write their women’s land rights. They can write this individual explanations on a large sheet of paper and pres- reflection in their notebooks or you may ask them ent to the entire group. Encourage people on to share their thoughts in pairs. the other islands to ask questions or comment One way to help participants further explore what respectfully. they believe regarding women’s land rights is to ex- 4. If there are people on the “Not Sure” island, par- plore their own practices through questions such as: ticipants from other islands may try to persuade • Do you have your name on any certificates of them to join their island by explaining their point land use rights? of view. • Does your spouse have their name on a cer- It is best to choose only four or five statements, in tificate of land use rights that you are living order to leave time for discussion. You can create on? your own or choose from the following:

16 | Rights and gender in Vietnam • On the certificate of land use rights, does • Do you and your spouse share decision-mak- your family have the name of the couple or ing over your land? not? • Do your girl children own land or a house? • Do you view the land of your family as the • Would you give land or a house to your girl man’s or as shared between both spouses? children?

Rights and gender in Vietnam | 17 Property Rights

Background: What are Property Rights? the cows. They use part of the milk for daily use and sell the rest. Property is something that is owned or possessed, including materials, money, valuable papers, and o The woman and her husband have the property rights. (Article 163, Civil Code) There are right to use the cows and the proceeds two main categories of property: real property and from the sale of milk. The cows remain movable property. Real property (also called im- under her parents’ ownership. Her par- movable property) is relatively permanent and can- ents have the right to give, lease, or lend not easily be moved from one place to another, the pair of cows. such as land, house, pond, garden, and other as- • A woman grows crops on a plot that was al- sets attached to land. Movable property is more located to her by her husband’s family, as her temporary and can be moved from one place to an- husband’s family possesses the Red Book other. Examples are animals, furniture, bicycles, for this plot. She uses some of the land to tools, clothing, bowls, and jewelry. (Article 174, produce food to feed her family and sells the Civil Code) rest. However, she cannot sell or rent the plot without the permission of her husband’s People are not property. According to the Constitu- family. tion of Vietnam, all women, regardless of marital status, are equal citizens, as “all people are equal o The woman has use rights over the land according to the law,” according to Chapter 2, Arti- and the right to income earned from the cle 16 of the 2013 Constitution. land. The rights to make transactions on the land are with the husband’s family. Property rights are claims people have on property and what they can do with a piece of property. Prop- See provisions on ownership in Article 32 of The erty rights include a bundle of rights about using the Constitution of the Socialist Republic of Vietnam. property, earning income from the property, trans- (Handout 2, page 23) Also see Articles 164, 165, ferring the property to others, and deciding who 169, and 170 of The Civil Code. (Handout 3, page 25) may use the property. For a given property, it may be that only one person has all of these rights. Many Discussion: Sharing Experiences About people also can have different rights over the same Property Rights (30 minutes) piece of property. Consider the following examples: Ask the group to use their experiences to • The husband was given a motorcycle by his give examples of or stories about each of the parents. Every day, the husband used the mo- rights below: torcycle as a taxi to transport passengers. • Right to use property o The motorcycle is the property of the hus- • Rights to sell, rent, or give away property band, so the husband has the full rights to • Rights to decide how property will be used sell or lease the motorcycle. (for example, what crops will be grown on a o The money earned from the passengers is plot) the common property of the couple. • Right to control earnings from property (for • A woman borrows two dairy cows from their example, who in a family decides what to do parents. Every day, she and her husband milk with income from selling crops)

18 | Rights and gender in Vietnam Background: Who Makes Property Rights? Discussion: Women’s Property and Land Rights in Vietnam (45 minutes) • The Constitution of the Socialist Republic of Vietnam 1. Explain that Vietnam has many different cul- • Specific laws tures and traditions, and ask the participants to name several of the ethnic groups in Vietnam • Local customs and tell some Vietnamese traditions that reflect the equality of women

Background: Who Enforces Property Rights? 2. Ask the participants to read the examples below of the rights women do and do not have accord- Enforcing property rights happens not only when ing to different customs. there is a problem or dispute, but every time that people use property, transfer property, or make de- • In some areas of the Muong ethnic group cisions about property. By building people’s knowl- (Hoa Binh province), the women have the edge of everyone’s property rights, we also help to right to use livestock and products harvested enforce property rights. People who enforce prop- on the land of their family or their husband’s erty rights include: family. However, they may not have their name on the certificate of land use rights. • Community volunteers for gender equality When they get married, their parents divide advocacy (CVGEA) their land among their sons, not daughters. • Community members There is a notion that when a girl gets mar- • Clans, traditional leaders, and religious ried she belongs to her husband’s family. leaders Therefore, sons always inherit the property • Police the parents leave. • Magistrates’ Courts and other government • “Women are not equal to men, so when par- bodies ents divide land, the girls’ share should be less than boys.” (Officer, Tan An commune, Long An province) Exercise: Women’s Property Rights • “Women do not have the right to dispose of Benefit Everyone (45 minutes) assets, or to rent or sell land. That is mostly Divide the class into three groups. Each group draws a man’s decision.” (Officer, Long An province) three columns on the board or a large piece of pa- • “In this region, few women enjoy the right to per. Label the first column “Woman.” Label the dispose of assets. A family has a fish pond, second column “Family.” Label the third column and both husband and wife take care of the “Village.” You can also draw pictures of a woman, a pond. But when they sell the fish, the hus- family or a house, and a village. band decides the sale date, price… Women are not realizing their rights; they still think Ask the groups to write or draw examples in each men should decide everything.” (Officer, Du- column of how a woman having access to or con- ong Quang commune, Hung Yen province) trol over property (land, housing, animals, etc.) is • “Most land here is divided amongst the sons. good for her, benefits her family, and benefits her Because the girl is usually married and stays village or community. Ask the participants to ex- in her husband’s house, while the son stays plain their examples. An example of what the with his parents. Only in the case that there groups might come up with is given in Handout 3, are no sons will the girl inherit property.” “A Woman with Property,” at the end of this module. (Officer, Hung Yen province)

Rights and gender in Vietnam | 19 3. Use the questions below to start a discussion • Do you know any husbands and wives that about community perceptions of women’s prop- own land or property together? How are they erty ownership. different from other couples? How are they like other couples? • According to your own culture and custom, can women own land? Does it matter if a • What good or bad things would people in woman is married or not? your community say about a woman who owns land? • Do you know any women in your communities who have land or other property? What • What good or bad things would people in property do they have? How are the women your community say about a man whose wife and their families different from others in owns land? your communities? How are the women and their families like others?

20 | Rights and gender in Vietnam Handout 1 Gender and other Important Terms in the 2006 Law on Gender Equality

Articles 5 and 6 of the 2006 Law on Gender woman cannot remove this imparity. The measure Equality define the following terms: to promote gender equality is to be implement- ed for a certain period of time and shall end when 1. Gender indicates the characteristics, positions, the gender equality goals have been achieved. and roles of men and women in all social relationships. 7. Mainstreaming gender equality in the process of making legal normative documents is aimed 2. Sex indicates biological characteristics of man at achieving the goal of gender equality by de- and woman. fining gender issues, and forecasting the gen- 3. Gender equality indicates that man and woman der impact of documents, responsibilities, and have equal position and role; are given equal resources to deal with gender issues in the so- conditions and opportunities to develop their cial relations that are impacted by legal norma- capacities for the development of the communi- tive documents. ty and family; and equally enjoy the achievement 8. Gender equality activities are activities imple- of that development. mented by agencies, organizations, families, and 4. Gender preconception represents a negative at- individuals to achieve the gender equality goal. titude, acknowledgement, and assessment of the characteristics, position, role, and capacity Article 6 states the following of a man or woman. basic principles on gender equality: 5. Gender discrimination is an act of restricting, 1. Man and woman are equal in all fields of social excluding, not recognizing, or not appreciating and family life. the roles of men and women, leading to inequality between men and women in all fields of 2. Man and woman are not discriminated against social and family life. in terms of gender.

6. The measure to promote gender equality is the 3. Measures aimed at promoting gender equality measure aimed at ensuring substantial gender are not considered gender discrimination. equality set forth by state authorities in cases 4. Policies aimed at protecting and supporting moth- where there remain considerable imparity be- ers are not considered gender discrimination. tween the positions, roles, conditions, and oppor- 5. Ensuring gender mainstreaming in the process tunities for men and women to reach their full of development and implementation of laws. potential, and to enjoy the achievement of the development reached by Vietnam wherever the 6. Exercising gender equality is the responsibility of application of equal regulations for man and agencies, organizations, families, and individuals.

Rights and gender in Vietnam | 21 Handout 2 The Constitution & Rights of All Citizens

The Constitution was adopted on November 28, ral resources, and property managed or in- 2013, at the 6th session of the XIIIth National As- vested in by the State are public property, sembly of the Socialist Republic of Vietnam. It con- owned by all the people, and represented and sists of 11 chapters and 120 articles, and addresses uniformly managed by the State.” (Article 53) most of the basic political, civil, economic, social, Land is public property owned by the people, but cultural, and human rights. the State represents owners and unified management. Women and men have equal rights to land. Everyone has the right to own property alone or The Constitution provides equal rights for property ownership with other. everyone

“In the Socialist Republic of Vietnam, human The Constitution provides that citizens are rights and citizens’ rights in the political, civil, obliged to: economic, cultural, and social fields shall be • To respect the rights of others. (Clause 2, recognized, respected, protected, and guaran- Article 15) teed in accordance with the Constitution and law.” (Clause 1, Article 14) • To be loyal to the Fatherland. (Article 44) • To defend the Fatherland. (Clause 2, Article 45) The rights and obligations of citizens are not sub- • To obey the Constitution and law, participate ject to discrimination by gender, ethnicity, creed, in the safeguarding of national security and religion, wealth, social background, or status. Un- social order, and observe the rules of public der the same conditions, citizens enjoy the same life. (Article 46) rights and obligations and have the same legal status. But the extent of rights and obligations depends very much on the possibilities, conditions, The Constitution provides that the court and circumstances of each person. The state enforces the rights and freedom of all should have an important role in ensuring that cit- citizens izens exercise their rights and obligations equally. Citizens need to properly implement the obliga- The rights of citizens are recognized and protected tions stipulated in the Constitution and laws to de- by the State. The People’s Courts are the judicial termine the conditions for the use of their rights. bodies of the Socialist Republic of Vietnam that exercise judicial power. The People’s Courts have the duty to safeguard justice, human rights, citizens’ The Constitution provides that everyone rights, the socialist regime, the interests of the has the right to ownership of land and State, and the rights and legitimate interests of or- property. All people are equal in rights ganizations and individuals. (Article 102). and obligations The Constitution recognizes and guarantees human rights in accordance with international treaties, to which Vietnam is a signatory party. The “Land, water resources, mineral resources, Constitution also clarifies the rights and obliga- resources in the sea and airspace, other natu-

22 | Rights and gender in Vietnam tions of citizenship and fundamental responsibility Article 16 of the State to ensure the implementation of hu- 1. All people are equal before law. man rights, civil rights, demonstrate the demo- cratic nature of our State. Articles 14, 15, 16, 26, 2. No one is subject to discriminatory treatment in and 32 recognize human rights, civil rights, prop- political, civil, economic, cultural, or social life. erty rights; encourage equality and prohibit dis- Article 26 crimination. 1. Male and female citizens have equal rights in all Article 14 fields. The State shall adopt policies to guaran- 1. In the Socialist Republic of Vietnam, human tee the right to and opportunities for gender rights and citizens’ rights in the political, civil, equality. economic, cultural, and social fields shall be rec- 2. The State, society and family shall create the ognized, respected, protected, and guaranteed in conditions for women to develop comprehen- accordance with the Constitution and law. sively and to advance their role in society.

2. Human rights and citizens’ rights may not be 3. Gender discrimination is prohibited. limited unless prescribed by a law solely in case of necessity for reasons of national defense, na- Article 32 tional security, social order and safety, social 1. Everyone has the right to ownership of his or morality, and community well-being. her lawful income, savings, housing, chattels, Article 15 means of production, and capital contributions to enterprises or other economic entities. 1. Citizens’ rights are inseparable from citizens’ 2. obligations. The right to private ownership and the right to inheritance shall be protected by law. 2. Everyone is obliged to respect the rights of others. 3. In cases of extreme necessity for national de- 3. Citizens shall perform their obligations toward fense or security reasons; or in the national in- the State and society. terest, a state of emergency, or in response to a 4. The exercise of human rights and citizens’ rights natural disaster, the State may compulsorily may not infringe upon national interests and purchase or requisition the property of organi- others’ rights and legitimate interests. zations or individuals and pay compensation at market price.

Rights and gender in Vietnam | 23 Handout 3 Property Rights & Women’s Rights under the Law

After hundreds of years of struggle, women’s rights body of a person and the anesthetization, sur- have become recognized and respected across the gery, amputation, implantation, and grafting of world. Many international treaties and multina- body organs must have his/her consent; if the tional organizations have highlighted women’s person is a minor, has lost the civil act capacity, rights as a responsibility of the civilized world. In or is an unconscious patient, the consent of his/ Vietnam, women’s rights have been an issue since her father, mother, guardian, or next of kin is re- Vietnam gained independence from colonial pow- quired. In cases where there is a threat to the ers. After the war, Vietnam enacted legislation on life of a patient which cannot wait for the opin- civil rights and women’s rights. ions of the above-said persons, a decision of the head of the medical establishment is required.

4. A post-mortem operation shall be performed in The Civil Code the following cases:

Article 5: The principle of equality a) Where it is so consented by the decedent In civil relations, the parties shall be equal and before his/her death; shall not invoke differences in ethnicity, gender, so- b) Where it is so consented by the decedent’s cial status, economic situation, belief, religion, ed- father, mother, wife, husband, adult chil- ucational level, and occupation as reasons to treat dren, or guardian when there is no opinion each other unequally. of the decedent before he/she dies;

Article 29: The right to registration of birth c) Where it is so decided by a competent medical organization or a competent state agen- Individuals, when born, shall have the right to have cy in cases of necessity. their births registered. Article 37: The right to protection of honor, Article 32: The right to safety of life, health, dignity, and prestige and body Individuals’ honor, dignity, and prestige shall be re- 1. Individuals shall shave have the right to safety spected and protected by law. of life, health, and body. Article 38: The right to personal secrets 2. When a person discovers another person had an accident or is sick whereby his/her life is 1. An individual’s rights to personal secrets shall threatened, the person who discovers him/her be respected and protected by law. shall have the responsibility to deliver such per- 2. The collection and publication of information son to a medical establishment; the medical es- and materials on the private life of an individual tablishment must not refuse to provide must be consented by that person. In cases treatment to the person, and shall have to uti- where that person has died, lost his civil act ca- lize all available means and capabilities to cure pacity, or is under full fifteen years old, the con- him/her. sent of his/her father, mother, wife, husband, 3. The application of new curative methods on the adult children, or representative is required, ex-

24 | Rights and gender in Vietnam cept for cases where the collection and publica- Article 44: The right to adopt a child and the tion of information and materials are made by right to be accepted as an adoptive child decision of a competent agency or organization. An individual’s right to adopt a child and right to be 3. Letters, phone calls, telegrams, and other forms accepted as an adoptive child shall be recognized of electronic information of individuals shall be and protected by law. safely and confidentially guaranteed. The in- spection of an individual’s letters, phone calls, The adoption of a child and the process of being telegrams and/or other forms of electronic in- accepted as an adoptive child shall comply with the formation may be performed only in cases provisions of law. where it is so provided for by law and decided by Article 46: The inviolable right to place competent state agencies. of residence

Article 39: The right to marriage Individuals shall have the inviolable right to their Men and women who have fully met the conditions places of residence. for marriage in accordance with the law on marriage The entry into the place of residence of a person and family shall have the right to marry at will. must be consented by that person.

The freedom of marriage between persons belong- The search of a place of residence of a person shall ing to different ethnicities and/or religions, between be performed only in cases where it is so provided religious and non-religious persons, and between for by law and where there is a warrant from a Vietnamese citizens and foreigners shall be re- competent state agency; the search must comply spected and protected by law. with the order and procedures specified by law.

Article 40: The right to equality between hus- Article 47: The right to freedom of belief band and wife and religion

Husband and wife are equal to each other, shall have 1. Individuals shall have the right to freedom of the same rights and obligations in all respects in belief and religion, including the right to not ad- family and in civil relations, and shall together build here to any religion. a plentiful, equitable, progressive, happy, and last- 2. No one may infringe upon the freedom of belief ing family. and religion, or abuse beliefs or religions, or to Article 41: The right to enjoy mutual care infringe upon State interests, public interests, or among family members legitimate rights and interests of other persons.

The members of a family shall have the right to en- Article 48: The right to freedom of movement, joy mutual care and assistance in accordance with freedom of residence the fine moral traditions of the Vietnamese family. 1. Individuals shall have the right to freedom of Children and grandchildren who are minors shall travel and freedom of residence. benefit from the care and upbringing of the mother, 2. An individual’s freedom of travel and/or freedom father, and grandparents; children and grand-chil- of residence may be restricted only by decision dren shall have the duty to respect, care for, and of a competent state agency and in accordance support their parents and grandparents. with the order and procedures specified by law. Article 42: The right to divorce Article 49: The right to work A wife or husband, or both the wife and the hus- Individuals shall have the right to work. band, shall have the right to request the Court to resolve their divorce. Every person shall have the right to work, the freedom

Rights and gender in Vietnam | 25 to choose a job or occupation without being dis- individuals, legal persons, or other subjects in criminated against on the ground of his/her ethnic- accordance with the provisions of law. ity, sex, social status, belief, or religion. Article 170: Basis for establishing ownership Article 50: The right to freedom of business rights

Individuals’ right to freedom of business shall be Ownership rights to property shall be established respected and protected by law. in the following cases:

Individuals shall have the right to choose the forms, 1. Through labor or lawful production and busi- areas, and lines of business, to establish enterpris- ness activities; es, to freely enter into contracts and hire labor, and 2. Ownership rights are transferred under an other rights in accordance with the provisions of law. agreement or a decision of a competent state Article 164: Ownership rights agency; 3. Yields and profits gained; Ownership rights comprise an owner’s rights to possession, to use, and to disposition of his/her 4. A new thing created from merger, mixture, or property in accordance with the provisions of law. processing;

Owners are individuals, legal persons, or other 5. Inheritance of property; subjects, having all three rights, which are the 6. Possession under conditions specified by law of right to possession, the right to use, and the right ownerless things, or things which have been let to disposition of their property. drop on the ground or left over out of inadvert- Article 165: The principle for exercising ence or buried, stray domestic animals or poul- ownership rights try, or raised aquatic animals which naturally move in; Owners may perform all acts on their own will with 7. Possession of property without a legal basis but respect to their property without causing damage in good faith, continuously and openly in ac- to or affecting State interests, public interests, or cordance with the statute of limitations speci- legitimate rights and interests of other persons. fied in Clause 1, Article 247 of this code; Article 169: Protection of ownership rights 8. Other cases specified by law. 1. Ownership rights of individuals, legal persons, or other subjects shall be recognized and protected by law. The Law on Gender Equality

2. No one may be illegally restricted in or deprived Article 5 of his/her ownership rights to his/her property. 1. Gender indicates the characteristics, positions, 3. Owners shall have the right to protect their and roles of men and women in all social rela- ownership rights by themselves, to prevent any tionships. person from infringing upon their ownership 2. Sex indicates biological characteristics of men rights, to search for and reclaim property that and women. has been possessed, used, or disposed of by other persons without legal bases. 3. Gender equality means that men and women have equal positions, roles, and opportunities to 4. In cases of extreme necessity for reasons of na- develop their capacities for the benefit of their tional defense, security, or national interests, family and community, and to equally enjoy the State may effect a compulsory purchase or earnings from such achievements. requisition with compensation of the property of

26 | Rights and gender in Vietnam 4. Gender preconception is a negative attitude Article 12: Gender equality in the field pre-judging the characteristics, position, role, of economy and capacity of a man or woman. 1. Man and woman are equal in setting up a busi- 5. Gender discrimination indicates the act of re- ness, carrying out business and production ac- stricting, excluding, not recognizing, or not ap- tivities, managing business; and are equal in preciating the role and position of man and accessing information, capital, markets, and woman, leading to inequality between men and labor sources. women in all areas of social and family life. 2. Measures to promote gender equality in the Article 11: Gender equality in the field field of economy include: of politics a) Enterprises employing many female work- 1. Man and woman are equal in participating in ers shall be given tax and financial prefer- state management and social activities. ential treatment, according to the regulations of the law. 2. Man and woman are equal in participating in the formulation and implementation of village b) Female workers in rural areas shall be giv- codes, community regulations, agencies, and en credit and encouraged to expand agri- regulatory organizations. culture, forestry, and fishery, according to the law. 3. Man and woman are equal in self-nominating as candidates or in nominating candidates to Article 13: Gender equality in the field of labor the National Assembly or people’s councils; and 1. Man and woman are equal in terms of qualifica- are equal in self-nominating as candidates and tions and age in recruitment; are treated equal- in nominating other candidates to leading agen- ly in workplaces regarding work, wages, pay cies of political organizations, socio-political and bonus, social insurance, labor conditions, organizations, socio-political and professional and other working conditions. organizations, social organizations, socio-professional organizations. 2. Man and woman are equal in terms of qualifications and age when they are promoted or ap- 4. Man and woman are equal in terms of profes- pointed to hold titles in the title-standard sional qualifications and age when they are pro- professions. moted or appointed to the same posts of management and leadership in agencies and 3. Measures to promote gender equality in the organizations. field of labor include:

5. Measures to promote gender equality in the a) To provide for proportion of man and wom- field of politics include: an to be recruited;

a) To ensure the appropriate proportion of fe- b) To train and enhance capacity and capability male members in the National Assembly for female workers; and people’s committees, in accordance c) Employers create safe and hygienic work- with national gender equality goals. ing condition for female workers in some b) To ensure the appropriate proportion of hard and dangerous occupations, or those women to hold titles as appointed officials that have direct contact with harmful sub- in state agencies, in accordance with the stances. national gender equality goals.

Rights and gender in Vietnam | 27 Article 14: Gender equality in the field of edu- health care, reproductive health, and in using cation and training health services.

1. Man and woman are equal in terms of age for 2. Man and woman are equal in choosing and decid- schooling, training, and fostering courses. ing on contraceptive measures, and for protection against HIV/AIDS and other sexually transmitted 2. Man and woman are equal in choosing profes- infections. sions and occupations for learning and training. 3. Poor ethnic minority women residing in remote 3. Man and woman are equal in accessing and and mountainous areas, excluding those who pay benefiting from the policies on education, train- compulsory social insurance, shall be supporting, fostering of professional knowledge, and ed when giving birth to a child in accordance with skills. the population policy, as provided by the Gov- 4. Female officials and public servants bringing ernment. along their children less than 36 months of age Article 18: Gender equality within families when participating in training and fostering activities shall be given assistance and support as 1. Wife and husband are equal in the civil relation- provided by the Government. ship and other relationships related to marriage 5. Measures to promote gender equality in the field and family. of education and training include: 2. Wife and husband have equal rights and duties a) To provide for the proportion of men and in possessing common assets and are equal in women participating in the study and train- using their common income and family resources. ing; 3. Wife and husband are equal in discussing and b) To assist female workers in rural areas in deciding the appropriate family planning meas- vocational training under the law. ures, and using leave to take care of their children, as provided by the law. Article 15: Gender equality in the field 4. Boys and girls are given equal care, education, of science and technology and provided with equal opportunities to study, 1. Men and women are given equal opportunities work, enjoy, entertain, and develop by the family. in science and technology. 5. Female and male members in the family have 2. Men and women are given equal opportunities the responsibility to share housework. to participate in training courses in science and Article 28: Responsibility of the people’s com- technology, to disseminate the results of scientific mittee at all levels and technological studies, and to file patents. 1. To develop a plan to implement the national Article 16: Gender equality in the fields of cul- goals of gender equality at the local level. ture, information, and sport 2. To submit to the people’s councils to promul- 1. Man and woman are equal in participating in gate the legal normative documents on gender cultural, information, and sport activities. equality within its jurisdiction. 2. Man and woman are equal in enjoying culture, 3. To implement law on gender equality at the lo- and in using sources of information. cal level.

Article 17: Gender equality in the field of pub- 4. To inspect, examine, and handle violations against lic health the law on gender equality within its jurisdiction.

1. Man and woman are equal in participating in the 5. To organize and conduct the outreach campaign activities of education and communication on on gender equality for the local people.

28 | Rights and gender in Vietnam Article 29: Responsibility of the Vietnam 4. To equally treat and provide equal opportunity to Fatherland Front and its member organizations boys and girls in their study, work, and participation in other activities. 1. To participate in the development of policies and laws and to participate in state manage- Article 34: Responsibility of citizens ment of gender equality under the law. Male and female citizens have the responsibility: 2. To ensure gender equality in the organizations. 1. To study to improve knowledge and awareness 3. To participate in overseeing the implementation of gender and gender equality. of the law on gender equality. 2. To guide other people to exercise reasonable be- 4. To propagate and mobilize the people and mem- haviors on gender equality. bers of associations or organizations to exercise 3. To criticize and prevent any acts of gender dis- gender equality. crimination. Article 30: Responsibility of the Vietnam’s 4. To oversee the implementation and ensure gen- Women Union der equality within communities, organizations, 1. To implement the regulations in Article 29 of agencies, and among citizens. this Law. Article 40: Violations of the law on gender 2. To conduct activities in support of women and equality in the fields of politics, economy, contributing to the fulfillment of the gender labor, education and training, science and equality goals. technology, culture, information, sports, 3. To coordinate with relevant agencies and organ- and public health izations to foster and recommend qualified 1. Violations of the law on gender equality in the women as candidates to the National Assembly fields of politics include: and people’s councils; and to recommend qual- a) Impeding a man or woman from self-nomi- ified women to participate in management of nating as candidate and/or from nominating agencies at all levels in the political system. candidates to the National Assembly, peo- 4. To exercise the representative function, protect- ple’s councils, to leading agencies of the ing the legitimate rights and interests of women political organizations, socio-political organ- and girls under the law. izations, socio-political and professional or- 5. To conduct social opponency against policies ganizations, social organizations, social and and laws concerning gender equality. professional organizations for gender preconception reasons; Article 33: Responsibility of the family b) Impeding or otherwise not carrying out the 1. To create favorable conditions for family mem- appointment of a man or woman to the posts bers to raise their awareness and knowledge of managers, leaders, or professional titles about gender equality, and to participate in gen- for gender preconception reasons; der equality-related activities. c) Making and carrying out gender discrimina- 2. To educate members of the family to be respon- tory village codes and community conven- sible for sharing housework and allocating tions, or in the regulations of the agencies housework to members of the family in an ap- and organizations. propriate manner. 2. Violations against the law on gender equality in 3. To take care of reproductive health and create the field of economy include: favorable and safe conditions to support women a) Impeding or preventing a man or woman from in motherhood.

Rights and gender in Vietnam | 29 setting up a business, or carrying out busi- b) Refusing the participation of one gender in ness activities, for gender preconception rea- training courses on science and technology. sons; 6. Violations against the law on gender equality in b) Conducting commercial advertisements that the field of culture, information, and sport include: cause adverse consequences to a business a) Impeding a man or woman from composing owner or trader of one certain gender. music, writing literary and artistic criticism, 3. Violations of the law on gender equality in the performing, or participating in other cultur- field of labor include: al activities for gender reasons;

a) Applying different qualifications in recruit- b) Composing, circulating, and authorizing the ing male and female workers to the same publication of works under any genre or form job that both male and female workers are to encourage or propagate gender inequal- qualified for and have the same level and ity and gender preconception; ability to perform, except for cases requir- c) Campaigning—independently or by inciting ing the application of measures to promote other people—to advance gender discrimi- gender equality; nation in any form. b) Refusing to recruit, limiting recruitment, fir- 7. Violations of the law on gender equality in the ing, or dismissing workers for gender rea- field of public health include: sons or because of pregnancy, childbirth, or childcare needs; a) Impeding, inciting, or forcing other people not to participate in the activities of health c) Implementing discriminatory allocation of education for gender preconception reasons; jobs between men and women leading to income inequality, or applying different pay lev- b) Choosing a fetus for its gender or inciting or els for workers of the same qualifications forcing other people to abort because of a and capacity for gender reasons. fetus’s gender.

d) Not carrying out specific provisions for fe- Article 41: Violations of the law on gender male workers in the labor law. equality in the family

4. Violations against the law on gender equality in 1. Impeding family members qualified under the the field of education and training include: law from participating in the determination of a) Laying down different ages for training and assets of common family property for gender enrolling between man and woman; reasons.

b) Agitating or forcing other people to leave 2. Not allowing or impeding family members from school for gender reasons; contributing their opinion to the use of common assets of the family, from conducting income c) Refusing to enroll those that are qualified earning activities, or satisfying other needs of for training and fostering courses for gender the family for gender preconception reasons. reasons, or because of pregnancy or children; 3. Unequally treating family members for gender d) Career-oriented education, compilation, and reasons. dissemination of textbooks that contains gender preconception. 4. Constraining or forcing family members to leave school for gender reasons. 5. Violations against the law on gender equality in the field of science and technology include: 5. Imposing family work and the management of contraceptive measures as responsibilities of mem- a) Impeding men or women from participating bers of certain gender. in science and technology activities;

30 | Rights and gender in Vietnam Article 42: Forms of handling violations of the 2. Husband and wife are obliged to ensure condi- law on gender equality tions meet the basic needs of the family.

1. Those who commit any violation of the law on gen- Article 30: Consequences of the division of der equality, depending on the nature and level common property of husband and wife of the violation, shall be subject to disciplinary Where common property of husband and wife is di- measures, administration sanctions, or criminal vided, yields or profits arising from the divided prosecutions. property shall belong to the ownership of each per- 2. Agencies, organizations, or individuals whose vio- son; the undivided property portion remains under lations of the law on gender equality have caused the common ownership of husband and wife. damages shall have to provide compensation in compliance with the law. Article 32. Personal property of husband and wife

The Marriage and Family Law 1. Husband and wife have the right to own personal property. Article 17: Equality in obligations and rights Personal property of husband and wife includes prop- between husband and wife erty owned by each person before their marriage; Husband and wife are equal to each other, having property inherited and/or given separately during equal obligations and rights in all aspects of their the marriage period; property separately divided to family. husband or wife under Clause 1, Article 29 and Ar- ticle 30 of this Law; personal belongings and jewelry. Article 21: Respect for honor, dignity, and prestige of husband and wife Article 33: Common property of husband and wife Husband and wife respect each other and preserve each other’s honor, dignity, and prestige. 1. Common property of husband and wife includes property created by husband and wife, incomes Article 22: Respect for the right to freedom of generated from labor, production, business ac- religion and belief of husband and wife tivities, and other lawful incomes of husband Husband and wife respect each other’s right to free- and wife during their marriage, except for cases dom of belief and religion. prescribed in Clause 1, Article 40 of this law. Property jointly inherited, or given to both, and Article 23: The rights and obligations of other property agreed upon by husband and learning, working, participating in political, wife is common property. economic, cultural, and social activities 2. The land use right obtained by husband and wife Husband and wife discuss things together; help after their marriage is their common property. create conditions for each other to study and raise The land use right obtained before the marriage their educational level, professional qualifications, or personally inherited by husband or wife shall and skills; take part in political, economic, cultural, be common property only if so agreed upon by and social activities. husband and wife.

Article 29: General principles about property 3. Common property of husband and wife falls un- regime of husband and wife der common ownership by integration, used only to ensure the family’s needs and perform 1. Husband and wife are equal in rights and obliga- their common obligations. tions in creating, possessing, using, and disposing of common property, not distinguishing between 4. Where there is no evidence proving that a prop- labor in the family and labor for income. erty being in dispute between husband and wife

Rights and gender in Vietnam | 31 is his/her personal property, such property is 2. If living together, family members are obliged to common property. participate in labor creating income or other assets to maintain the family’s life in accordance Article 103: The rights and obligations with their actual capabilities. between family members 3. The State has policies to help each other, in or- 1. Family members have rights and obligations of der to preserve and promote the good tradition concern, care, support, and respect. Rights, legit- of families in Vietnam, as well as to encourage imate interests, and personal property of the fam- individuals and organizations in society to par- ily members stipulated in this law, the Civil Code, ticipate in the preservation and promotion of the and other relevant laws are legally protected. family.

Handout 4 “A Woman with Property” Illustration

32 | Rights and gender in Vietnam Rights and gender in Vietnam | 33 Design cover and layout: Rossy Castro Mori Photograph courtesy of ISDS INTERNATIONAL CENTER FOR RESEARCH ON WOMEN (ICRW)

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