The position of Vietnamese women has improved since the 1950s. In 2006, the National Assembly passed the country’s first Law on Gender Equality. According to the US Department of State, this law aims to address a range of issues (such as wage gaps) and eliminate discrimination based on gender.
Vietnam has 54 official ethnic groups, some of which still nurture patriarchal traditions such as the marriage of young girls and marriage of a widow to her deceased husband’s brother. Traditional perceptions persist in relation to public life being viewed as a predominantly male domain, while women remain responsible for domestic chores. This is particularly true in rural areas and in the highlands.
Women in Vietnam are well protected within the family context, although some traditional practices sustain male domination. The Marriage and Family Law sets the minimum marriage age at 18 for women and 20 for men. Under the country’s Penal Code, anyone who imposes marriage on under-age persons is subject to punishment, including imprisonment. Early marriage nevertheless occurs in rural and mountainous regions: a 2004 United Nations report estimated that 8 per cent of Vietnamese girls between 15 and 19 years of age were married, divorced or widowed.
In marriage, men and women are generally treated equally. Polygamy has been illegal in Vietnam since the 1950s and is no longer practised. Parental authority is granted to both parents, but women are typically responsible for childcare and domestic chores.
In regard to inheritance, Vietnam’s Civil Code provides men and women with equal opportunities to write a will or benefit as an heir. However, certain inequalities can be observed. If a person dies without a will, the law requires an equal distribution of property among the next of kin. In practice, the general custom is for the eldest son to inherit the parental home and the largest portion of the family property, particularly land. Younger sons will often inherit some land or other assets of value, while daughters receive only small symbolic items. Children generally become part of their father’s patrilineage at birth, although matrilineal customs prevail in some highland groups.
The physical integrity of women in Vietnam is insufficiently protected. Violence against women is widespread, particularly in the family context. Approximately two-thirds of divorces in Vietnam are reportedly due, in part, to domestic violence.
Although data on the prevalence of violence against women are not yet readily available, some studies suggest that the issue is discussed more openly than in the past. The US Department of State reports that although the divorce rate has risen in recent years, there is evidence that many women remain in abusive marriages rather than confront the social and family stigma – as well as the economic uncertainty – that can follow divorce. The Vietnam Women’s Union and international NGOs promote rehabilitation programmes and shelters for victims of violence and sexual abuse, including prostitution.
There is no indication that female genital mutilation is practised in any form in Vietnam, or that it is a country of concern in relation to missing women.
Women and men in Vietnam have equal ownership rights, including access to land. However, the government of Vietnam does not legally recognise privately owned land; instead, the Land Law grants individuals long-term leaseholds through land-use right certificates. According to a CEDAW study, women accounted for only 10 per cent to 12 per cent of the 12 million farmers having been allotted land by the end of 2000. This reflects women’s limited awareness of their right to access to land and traditional customs that place the husband as the head of the household. Consequently, land-use right certificates are usually issued in the husband’s name.
Vietnamese women have equal access to property other than land. Some ethnic minority groups favour male ownership; others follow matriarchal systems in which women control family property.
Officially, women in Vietnam have legal access to bank loans, but many women have only a limited understanding of their financial possibilities and lack the capacity to formulate the effective business plans needed to acquire commerical loans. These issues may be addressed by the recent establishment of lending institutions that specifically target women borrowers.
Legal frameworks provide Vietnamese women with a relatively high degree of civil liberty. There are no legal restrictions on women’s freedom of movement, although traditions and customs often insist that women “follow after” their husbands, meaning they are expected to live in the residence of their husband’s choosing. A report by the Committee on the Elimination of Discrimination against Women (CEDAW) indicates that administrative procedures (such as the transfer of residence registration from rural to urban areas) may also prevent women from exercising their right to freely choose their place of residence.
There are no restrictions on freedom of dress, but some women may choose to wear clothes specific to their ethnic group.
CEDAW (Committee on the Elimination of Discrimination against Women) (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Vietnam, Combined Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/VNM/5-6, CEDAW,New York, NY.
Countries and Their Cultures (n.d.), Culture of Vietnam, www.everyculture.com, accessed 15 February 2008.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Vietnam, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
