Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits using or threatening violence against women, including rape, spousal rape, “other sexual contacts,” and “forced sex crimes.” It also criminalizes the rape of men. Conviction for rape is punishable by imprisonment of up to 15 years, depending on the severity of the case. Authorities prosecuted rape cases but did not release arrest, prosecution, conviction, or punishment statistics. There was little information on the prevalence of rape or on reporting of the crime.
Authorities treated domestic violence cases as civil cases unless the victim suffered injuries to more than 11 percent of the body. The law specifies acts constituting domestic violence and stipulates punishments for convicted perpetrators ranging from warnings to imprisonment for up to three years.
Domestic violence against women was common. The Women’s Union reported in November 2019 that at least 58 percent of married women were worried about domestic violence on a daily basis and that 87 percent did not seek help. Officials acknowledged domestic violence was a significant social concern, and media discussed it openly. Social stigma prevented many survivors from coming forward due to fear of harassment from their spouses or family.
While police and the legal system generally remained unequipped to deal with cases of domestic violence, the government, with the help of international and domestic NGOs, continued to train police, lawyers, community advocates, and judicial officials in the law; supported workshops and seminars that aimed to educate women and men about domestic violence and women’s rights; and highlighted the problem through public-awareness campaigns.
Sexual Harassment: The law prohibits sexual harassment in the workplace. Publications and ethics training for public servants did not, however, mention the problem of sexual harassment.
In serious cases victims may sue offenders outside the workplace under a law that deals with “humiliating other persons” and specifies punishments for conviction that include a warning, noncustodial reform for up to two years, or a prison term ranging from three months to two years.
Reproductive Rights: The constitution stipulates that society, families, and all citizens implement “the population and family planning program.” The law affirms an individual’s right to choose contraceptive methods; to access gynecological diagnosis, treatment, and check-ups during pregnancy; and to obtain medical services when giving birth at health facilities. The government generally enforced these provisions.
The law states that couples or individuals have the right to give birth to one or two children, with exceptions based on government decree. There is no legal provision punishing most citizens who have more children than the stipulated number, although regulatory penalties apply to CPV members and public-sector officials.
The CPV, certain ministries, and some localities issued their own regulations, applying only to party members and government officials, regarding family size. A politburo decree subjects party members to reprimand if they have three children, removes them from a ranking position if they have four, and expels them from the CPV if they have five. Violating the decree also decreases the likelihood of promotion and may lead to job termination. The CPV did not enforce these provisions consistently.
The Population and Reproductive Health Strategy for 2011-20 applies to all citizens and strives to maintain the average number of children per reproductive-age couple at 1.8. The government, primarily through broad media campaigns, maintained its strong encouragement of family planning.
Access to sexual and reproductive health services was provided to all persons, including survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
The constitution stipulates society, families, and all citizens implement “the population and family planning program,” which allows couples or individuals the right to have one or two children, with exceptions based on government decree. No legal provision punishes citizens who have more than two children.
The CPV and certain government ministries and local governments issued their own regulations on family size for their staff. A decree issued by the politburo, for example, subjects CPV members to official reprimand if they have three children, removes them from a ranking position if they have four children, and expels them from the CPV if they have five children. Violating the decree also decreases the likelihood of promotion and may lead to job termination. The CPV did not enforce these provisions consistently.
Discrimination: The law provides for gender equality, but women continued to face societal discrimination. Despite the large body of law and regulation devoted to protecting women’s rights in marriage and the workplace as well as provisions that call for preferential treatment, women did not always receive equal treatment in employment, education, or housing, particularly in rural areas.
Although the law provides for equal inheritance rights for men and women, a son was more likely to inherit property than a daughter, unless otherwise specified by a legal document such as a will.
Gender-biased Sex Selection: According to 2019 data from the Ministry of Health, the average male to female sex ratio at birth was 111.5 boys to 100 girls, far from the natural norm of 104-106 boys to 100 girls. To address the issue of gender-biased sex selection, the government prohibits gender identification prior to birth and gender-based violence and discrimination. Violations of these provisions are subject to fines or even imprisonment. At the local or provincial level, some authorities give cash incentives for giving birth to female children. For example, Hau Giang provincial authorities awarded couples that give birth to two female children a one-time payment of 390,000 to 1.3 million dong ($17 to $56). In some provinces women enjoy preferences in such areas as education, vocational training, and starting a business.
Birth Registration: By law the government considers anyone born to a citizen parent to be a citizen. Persons born to non-Vietnamese parents may also acquire citizenship under certain circumstances.
Children born to stateless parents or to a stateless mother and unknown father may acquire Vietnamese citizenship if the stateless parents or stateless mother are permanent residents, making the process difficult in most cases.
The law requires a birth certificate to access public services, such as education and health care. Nonetheless, some parents, especially from ethnic minorities, chose not to register their children, and local authorities prevented some parents from registering children to discourage internal migration.
Education: By law education is free, compulsory, and universal through age 14, but school fees were common. Under a government subsidy program, ethnic-minority students were exempt from paying school fees. Authorities also did not always enforce required attendance laws or enforce them equally for boys and girls, especially in rural areas, where government and family budgets for education were limited and children’s labor in agriculture was valuable.
Gender gaps in education declined, but certain gaps remained. There were substantial differences in the education profile of men and women at the postsecondary level, notably in applied technology programs.
The government sometimes denied education to children from families not registered in their locality, with particular discriminatory effect on H’mong communities in the Central Highlands and on the children of some political and religious activists.
Child Abuse: The government did not effectively enforce existing laws on child abuse, and physical and emotional mistreatment was common.
Observers concurred that violence against children occurred in many settings including schools and homes and was usually inflicted by someone known to the child. The most common types of school violence were bullying and corporal punishment by teachers. The number of reported cases of child abuse, especially child sexual abuse, was increasing. UNICEF stated in July 2019 there were no effective interdisciplinary child- and gender-sensitive procedures or processes for handling child-abuse reports and that the responsibilities of government agencies were unclear. The child protection workforce, from social workers to relevant professionals such as police, judges, prosecutors, teachers, and medical experts, was poorly trained, uninformed, and generally insufficient to address the problem, especially at local levels.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 for girls and 20 for boys, and the law criminalizes organizing marriage for, or entering into marriage with, an underage person.
Sexual Exploitation of Children: The law criminalizes all acts of sale or deprivation of liberty of children as well as all acts related to the exploitation of children in prostitution and forced child labor for children younger than 16. The exploitation of children in prostitution is not fully criminalized for 16- and 17-year-old children. Sentences for those convicted range from three years’ to life imprisonment and significant fines. The law specifies prison sentences for conviction of acts related to the exploitation of children in prostitution, including harboring prostitution (12 to 20 years), brokering prostitution (seven to 15 years), and buying sex with minors (three to 15 years). The production, distribution, dissemination, or sale of child pornography is illegal, and a conviction carries a sentence of three to 10 years’ imprisonment. The country is a destination for child sex tourism.
The law prohibits all acts of cruel treatment, humiliation, abduction, sale, and coercion of children into any activities harmful to their healthy development and provides for the protection and care of disadvantaged children.
The minimum age for consensual sex is 18. Conviction for statutory rape may result in life imprisonment or capital punishment. Penalties for sex with minors between the ages of 16 and 18 vary from five to 10 years in prison, depending upon the circumstances. The penalty for rape of a child between the ages of 13 and 16 is seven to 15 years’ imprisonment. If the victim becomes pregnant, the rape is incestuous, or the offender is in a guardianship position to the victim, the penalty increases to 12 to 20 years’ imprisonment. The law considers all cases of sexual intercourse with children younger than 13 to be child rape, with sentences ranging from 12 years’ imprisonment to death. The government enforced the law, and convicted rapists received harsh sentences.
Displaced Children: Media outlets reported approximately 22,000 children lived on the streets and sometimes experienced police harassment, sexual exploitation, and abuse.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://www.travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
There were small communities of Jewish foreigners in Hanoi and Ho Chi Minh City; there were no reports of anti-Semitic acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The constitution provides for the protection of persons with mental and physical disabilities. The law prohibits discrimination against or mistreatment of persons with physical disabilities, mental disabilities, or both and protects their right to access education and other state services, but the government struggled to enforce these provisions. Persons with disabilities faced widespread social stigmatization. The law protects the rights of persons with disabilities, including their access to education, employment, health services, information, communications, buildings, transport, the judicial system, and other state services; however, the majority of persons with disabilities faced challenges in exercising their rights.
Services for persons with disabilities were often unavailable, and declared policies were not implemented. For example, while the law requires new construction or major renovations of government and large public buildings to include access for persons with disabilities, enforcement was sporadic, particularly outside major cities.
Access to education for children with disabilities, particularly deaf children and those with intellectual disabilities, remained extremely limited.
There is no legal restriction on the right of persons with disabilities to vote, but many polling stations were inaccessible to persons with physical disabilities.
While the provision of social services to persons with disabilities remained limited, the government made some efforts to support the establishment of organizations of persons with disabilities and consulted them in the development or review of national programs, such as the National Poverty Reduction Program, vocational laws, and various education policies. The National Committee on Disabilities, the Vietnam Federation on Disability, and their members from various ministries worked with domestic and foreign organizations to provide protection, support, physical access, education, and employment. The government operated a small network of rehabilitation centers to provide long-term, in-patient physical therapy.
NGOs reported they continued to face challenges applying for funding and offering training for disability-related programs from certain provincial governments, which hampered access for international experts to conduct training.
The law prohibits discrimination against ethnic minorities, but societal discrimination was longstanding and persistent. Local officials in some provinces, notably in the highlands, discriminated against members of ethnic and religious minority groups. Despite the country’s significant economic growth, the economic gap between many ethnic minority communities and ethnic majority communities persisted. Ethnic minority group members constituted a sizable percentage of the population in certain areas, including the Northwest, Central Highlands, and portions of the Mekong Delta.
International human rights organizations and refugees continued to allege that authorities monitored, harassed, and intimidated members of certain ethnic minority groups, particularly ethnoreligious minorities in the Central and Northwest Highlands, including Christian H’mong. Local officials in several provinces in the Central Highlands, including Doan Ket village, Dak Ngo commune, Tuy Duc District, and Dak Nong Province, continue to deny registration to more than 1,000 H’mong Christians who had migrated there in recent years, according to an NGO. As a result, school officials did not allow the H’mong children to attend school.
Some members of these groups fled to Cambodia and Thailand, seeking refugee status as victims of oppression; the government claimed these individuals were illegal migrants who left the country in pursuit of economic opportunities. Human rights groups stated the government pressured Cambodia and Thailand to deny these individuals refugee or temporary asylum seeker status and to return them to Vietnam.
Authorities used national security laws to impose lengthy prison sentences on members of ethnic minorities for their connections to overseas organizations the government claimed espoused separatist aims. In addition, activists often reported an increased presence of Ministry of Public Security agents on historically significant days and holidays in regions inhabited by ethnoreligious minorities.
Government programs meant to address the socioeconomic gap between ethnic minorities and the majority community continued, and the government also continued to allocate land to ethnic minorities in the Central Highlands, although land expropriation in these areas was also common.
The government worked with local education officials to develop local-language curricula. Implementation was more comprehensive in the Central Highlands and the Mekong Delta than in the Northwest Highlands. The government also subsidized several technical and vocational schools for ethnic minorities.
The government granted preferential treatment to domestic and foreign companies that invested in highland areas populated predominantly by ethnic minorities. In addition the government supported infrastructure development programs that targeted poor, largely ethnic-minority areas and established agricultural extension programs for remote rural areas.
The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex persons in housing, employment, nationality laws, or access to government services. Sexual orientation and gender identity were the basis for stigma and discrimination. The civil code gives individuals who have undergone a “sex change” the right to register their new status.
Individuals with HIV continued to face discrimination when obtaining and holding employment. Being arrested and detained in compulsory rehabilitation centers for continued use of heroin or methamphetamine also prevented drug users from accessing HIV and health services, although such treatment is considered a basic right of such patients.