Rape and Domestic Violence: The law prohibits using or threatening violence against women or taking advantage of a person who cannot act in self-defense. It also criminalizes rape, including spousal rape, for men and women. The law subjects rapists to two to seven years’ imprisonment, or up to 15 years in severe cases, including organized rape, a repeat offense, or extreme harm to a victim. Authorities prosecuted rape cases but did not release arrest, prosecution, conviction, or punishment statistics.
Authorities treated domestic violence cases as civil cases unless the victim suffered injuries involving more than 11 percent of the body. The law specifies acts constituting domestic violence and stipulates punishments for perpetrators ranging from warnings and probation to imprisonment for three months to three years.
Domestic violence against women was common. One November 2015 NGO survey reported 59 percent of married women had suffered physical or sexual abuse at least once in their lives, typically from a male partner or member of the family. Another study revealed 83 percent of women and girls in Hanoi and 91 percent of those in Ho Chi Minh City had experienced at least one form of sexual harassment during their lives.
Officials acknowledged domestic violence as a significant social concern, and the 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 legal systems 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 legal system officials in the law and continued to support workshops and seminars that aimed to educate women and men about domestic violence and women’s rights and highlight the problem through public awareness campaigns.
Sexual Harassment: The law prohibits sexual harassment in the workplace. Publications and training on ethical regulations for government and other public servants did not mention the problem of sexual harassment. In serious cases, victims may sue offenders under a provision that deals with “humiliating other persons” and specifies punishments that include a warning, noncustodial reform for up to two years, or a prison term ranging from three months to two years. Nevertheless, there were no known prosecutions or sexual harassment lawsuits.
Coercion in Population Control: The government continued to encourage couples to have no more than two children. While the law does not prohibit or provide penalties for those having more than two children, some CPV members reported informally administered repercussions for doing so, including restrictions on job promotion (see section 1.f). Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: The law provides for gender equality, but women continued to face societal discrimination. Despite the large body of law and regulation devoted to the protection of 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.
Gender gaps in education declined, but certain gaps remained. According to a 2013 UN Women-funded report, professional qualifications of female workers were lower than those of male workers. There were substantial differences in the education profile of men and women at the postsecondary level. The number of female students enrolled in higher education applied technology programs was much smaller than the number of men enrolled.
Although the law provides for equal inheritance rights for men and women, women continued to face cultural discrimination. A son was more likely to inherit property than was a daughter, unless otherwise specified by a legal document, and even then authorities did not split the land equitably between son and daughter
The Women’s Union and the government’s National Committee for the Advancement of Women continued to promote women’s rights, including political, economic, and legal equality, and protection from spousal abuse.
Gender-biased Sex Selection: According to the Ministry of Health, the national average male-female sex ratio at birth for the first half of the year was 113.4 to 100. The government acknowledged the problem, highlighted reduction of the ratio as a goal in the national program on gender equality, and continued to take steps to address it.
Birth Registration: By law the government considers anyone born to at least one citizen parent to be a citizen. Persons born to non-Vietnamese parents may also acquire citizenship under certain circumstances. The law requires a birth certificate to access public services, such as education and health care, and the choice by some parents, especially ethnic minorities, not to register their children affected their ability to enroll them in school and receive government-sponsored health care.
Education: Education is free, compulsory, and universal through age 14, although many families were required to pay a variety of school fees. Under a government subsidy program, ethnic-minority students were exempt from paying school fees. Nevertheless, authorities did not always enforce the requirement or enforce it equally for boys and girls, especially in rural areas, where government and family budgets for education were limited, and children’s contributions as agricultural laborers were valuable.
Child Abuse: The government did not effectively enforce existing laws on child abuse and physical and emotional mistreatment was common.
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: Sexual exploitation of children under age 16 is illegal. The law criminalizes all acts of sale or deprivation of liberty of children as well as all acts related to child prostitution and forced child labor. Sentences range from three years’ to life imprisonment, and fines range from five million to 50 million VND ($220 to $2,200). The law also specifies prison sentences for acts related to child prostitution, including harboring prostitution (12 to 20 years), brokering prostitution (seven to 15 years), and buying sex with minors (three to 15 years). The law similarly 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 of consensual sex is 18. Statutory rape is illegal and may result in life imprisonment or capital punishment. Penalties for sex with minors between the ages of 16 and 18, depending upon the circumstances, vary from five to 10 years in prison. The penalty for rape of a child between the ages of 13 and 16 carries a sentence of imprisonment from seven to 15 years. 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 having sexual intercourse with children less than 13 years of age to be rape of children, with sentences including 12 to 20 years’ imprisonment, life imprisonment, or capital punishment. The government enforced the law, and convicted rapists received harsh sentences. The production, distribution, dissemination, or selling of child pornography is illegal and carries a sentence of three to 10 years’ imprisonment. The country is a destination for child sex tourism.
Displaced Children: Media reported that approximately 21,000 children lived on the streets and sometimes experienced police harassment or 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 www.travel.state.gov/content/childabduction/en/legal/compliance.html.
There were small communities of Jewish foreigners in Hanoi and Ho Chi Minh City, and there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution provides for the protection of persons with mental and physical disabilities. The law prohibits discrimination against or mistreatment of persons with physical and mental disabilities. Overall, the national government continued to increase coordination with foreign governments, international organizations, NGOs, and private companies to review legal provisions governing implementation of the treaty, conduct feasibility studies, share international best practices, conduct informational workshops, promote the hiring of persons with disabilities, and hold awareness activities.
A majority of persons with disabilities still faced challenges in exercising their rights and could not access government services due to lack of policy implementation and social stigma.
In recent years representatives from a broad range of ministries–construction, finance and planning, transport–have begun incorporating considerations for persons with disabilities in joint planning. The government budgeted 18 billion VND ($790,000) during the fiscal year to support persons with disabilities, a 50 percent increase from the previous year.
While the law requires that the construction of new or major renovations of existing government and large public buildings include access for persons with disabilities, enforcement continued to be sporadic, particularly for projects outside of major cities. During the year the Ministry of Transportation’s Civil Aviation Authority installed elevators and accessibility improvements in several airports and started developing additional services for passengers with disabilities.
Access to education for children with disabilities, particularly deaf children and children with intellectual disabilities, remained extremely limited. The Ministry of Education and Training estimated 500,000 children with disabilities had some access to education at the primary, secondary, and tertiary levels.
There is no legal restriction on the right to vote for persons with disabilities, although many polling stations were not accessible, especially 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 Coordination Committee on Disabilities, the Vietnam Federation on Disability, and their members from various ministries continued to work 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, inpatient physical therapy.
NGOs reported they continued to face challenges applying for funding and offering training for disability-related programs from certain provincial governments, who hampered access for international staff 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, acted in contravention of national laws and 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 Vietnamese (Kinh) communities persisted, although ethnic minority group members constituted a sizable percentage of the population in certain areas, including the Northwest and Central Highlands and portions of the Mekong Delta.
International human rights organizations and refugees continued to allege authorities harassed and intimidated members of certain ethnic minority groups, including a group collectively described as “Montagnards” and ethnic minority Christians in the Central Highlands. There were multiple reports that members of these groups fled to Cambodia and Thailand, seeking refugee status as victims of persecution; the government claimed these individuals were illegal migrants who left Vietnam in pursuit of economic opportunities. Human rights groups alleged the government pressured Cambodia and Thailand to refuse to grant these individuals refugee or temporary asylum-seeker status and to return them to Vietnam.
According to a report submitted to the UN special rapporteur on torture, commune police in Ea So arrested Giang A Lang, an ethnic minority member, and his uncle on April 30 because they suspected them of trying to find a new Christian homeland. His uncle later died in custody.
On October 11, the Communist Party disbanded regional steering committees through which it had implemented policies in regions with significant ethnic minorities, including the Northwest Region, the Central Highlands, and the Southwest Region committees, reportedly in an effort to streamline the political system. The government continued to monitor certain highland minorities closely, particularly several ethnic groups in the Central and Northwest Highlands.
Authorities used national security provisions of the penal code to impose lengthy prison sentences on members of ethnic minorities for their connections to overseas organizations that the government claimed espoused separatist aims. In addition, activists often reported an increased presence of Ministry of Public Security agents during sensitive occasions and holidays throughout the region.
The government continued to address the socioeconomic gap between ethnic minority and ethnic Kinh communities through programs to subsidize education and health facilities and expand road access and electrification to rural communities and villages. The government also continued to allocate land to ethnic minorities in the Central Highlands.
The law provides for universal education for children regardless of religion or ethnicity. Members of ethnic minority groups were not required to pay regular school fees. The government operated 300 boarding schools in 50 provinces for ethnic minority children, mostly in the Northwest and Central Highlands and the Mekong Delta. The government also worked with local officials to develop local-language curricula. Implementation was more comprehensive in the Central Highlands and the Mekong Delta than in areas of 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. The government also maintained infrastructure development programs that targeted poor, largely ethnic-minority areas and established agricultural extension programs for remote rural areas.
Acts of Violence, Discrimination, and Other Abuse Based on Sexual Orientation and Gender Identity
The law does not address discrimination based on sexual orientation or gender identity. The civil code, which took effect on January 1, gives individuals who have undergone a “sex change” the right to register their new status. Sexual orientation and gender identity were still a basis for stigma and discrimination.
HIV and AIDS Social Stigma
HIV and AIDS social stigma and discrimination hindered HIV/AIDS prevention efforts.
According to the 2015 Stigma Index study, 11.2 percent of persons with HIV, 16.6 percent of female sex workers, 15.5 percent of persons who inject drugs, and 7.9 percent of men who have sex with men reported having experienced rights violations within the 12 months prior to the survey. Multiple indicator cluster surveys taken in 2014 showed stigma and discrimination against HIV-positive persons was widespread, with approximately 70 percent of female respondents reporting having faced some form of stigma and discrimination. Individuals with HIV continued to face barriers accessing and maintaining employment.