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 new penal code added to the section on rape “other sexual contacts” and “forced sex crimes” in addition to “sexual intercourse.” This expanded the range of prohibited acts to include vaginal, anal, and oral penetration of a sexual nature of the body of another person with any bodily part or object.
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.
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 through probation to imprisonment for up to three years.
Domestic violence against women was common. A 2015 NGO survey, the most recent available, 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.
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 for conviction that include a warning, noncustodial reform for up to two years, or a prison term ranging from three months to two years. As of November there were no reports of prosecutions or sexual harassment lawsuits. A study determined 83 percent of women and girls in Hanoi and 91 percent of those in Ho Chi Minh City had experienced at least one incident of sexual harassment during their lives.
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 and activists reported informally administered repercussions for doing so, including restrictions on job promotion (see section 1.f).
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.
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. 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 a daughter, unless otherwise specified by a legal document such as a will.
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: The national average male-female sex ratio at birth in 2018 was 115.1 boys to 100 girls, up three percentage points from 2017 and falling short of the target of 112.8 boys to 100 girls, according to the General Office for Population and Family Planning, under the Ministry of Health. 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 a 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. Nonetheless, some parents, especially from ethnic minorities, chose not to register their children and local authorities prevented some parents from registering children to discourage migration.
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 required attendance or enforce it 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.
Child Abuse: The government did not effectively enforce existing laws on child abuse and physical and emotional mistreatment was common.
According to 2016 reports from UNICEF, violence against children occurs in many settings including schools and homes, and is usually inflicted by someone known to the child. The most common types of school violence are bullying and corporal punishment by teachers. The number of reported cases of child abuse, especially child sexual abuse, was increasing. UNICEF stated there were no effective inter-disciplinary and child and gender sensitive procedures and processes for handling child abuse reports, and the responsibilities of the responsible agencies were unclear. The child protection workforce, especially at local levels, 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.
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 younger than 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 of those convicted 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 conviction of 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 production, distribution, dissemination, or sale of child pornography is illegal and 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 of consensual sex is 18. Conviction of statutory rape may result in life imprisonment or capital punishment. Penalties for sex with minors between ages 16 and 18, depending upon the circumstances, vary from five to 10 years in prison. The penalty for rape of a child between ages 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 age 13 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 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 https://www.travel.state.gov/content/travel/en/International-Parental-Child-Abduction/forC-Afor-providers/legal-reports-and-data.html.
There were small communities of Jewish foreigners in Hanoi and Ho Chi Minh City; 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, mental disabilities, or both, and protects their right to access education and other state services, but the government struggled to enforce these provisions.
The law protects persons the rights of persons with disabilities including the right to access to education, employment, health services, information, communications, buildings, transport, judicial system, and other state services; however, the majority of persons with disabilities faced challenges in exercising their rights and could not access government services due to lack of policy implementation and social stigma.
In prior years, representatives from a broad range of ministries–construction, finance and planning, transport–have begun incorporating accommodations for persons with disabilities in joint planning. While the law requires that new construction or major renovations of government and large public buildings include access for persons with disabilities, enforcement continued to be sporadic, particularly for projects outside of major cities.
Access to education for children with disabilities, particularly deaf children and children with intellectual disabilities, remained extremely limited.
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 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, although 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 authorities monitored, harassed and intimidated members of certain ethnic minority groups, particularly ethno-religious minorities, including Christian Hmong and groups collectively referred to as Montagnards. 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 provisions of the law to impose lengthy prison sentences on members of ethnic minorities for 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 on historically significant days and holidays throughout the region.
The government continued to address the socioeconomic gap between ethnic minorities and the majority community 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 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 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 supported infrastructure development programs that targeted poor, largely ethnic-minority areas, and established agricultural extension programs for remote rural areas though land expropriation in these areas was also common.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex persons in housing, employment, nationality laws, or access to government service. The civil code 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, the latest available data, 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 violations of their rights within the 12 months prior to the survey. Individuals with HIV continued to face barriers accessing and maintaining employment.