VZCZCXRO8496
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHHI #2011/01 3330627
ZNR UUUUU ZZH
R 290627Z NOV 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 6792
INFO RUEHHM/AMCONSUL HO CHI MINH 3995
RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 HANOI 002011 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND DRL/AWH 
 
E.O. 12958: N/A 
TAGS: KWMN PHUM PREL PGOV SOCI VM
 
SUBJECT: APPROVAL OF VIETNAM'S DOMESTIC VIOLENCE LAW POSITIVE, BUT 
CONCERNS REMAIN 
 
 
HANOI 00002011  001.2 OF 002 
 
 
 
¶1. (SBU) Summary:  On November 21, 2007, the GVN National Assembly 
passed the long-awaited Law on Domestic Violence, aimed at 
preventing and punishing acts of domestic violence.  Domestic 
violence continues to be prevalent in Vietnam, particularly in 
remote and rural areas.  The passage of the Law received much 
attention and many positive comments from various government 
agencies.  However, several of our GVN contacts, including National 
Assembly deputies, non-governmental organizations (NGOs), and common 
citizens, expressed reservations about issues including the lenient 
punishments laid out in the Law, implementation, and the unclear 
delineation of responsibilities of GVN agencies.  End Summary. 
 
 
The Law's Nuts and Bolts 
------------------------ 
 
¶2. (SBU) On November 21, 2007, the GVN National Assembly passed the 
Law on Domestic Violence with almost 89 percent of the votes in 
favor.  Drafted by the National Assembly's Committee for Social 
Affairs (NACSA), a large number of government agencies and NGOs 
provided comment on the law prior to its passage.  The Law defines 
domestic violence acts, spells out how the Law applies, specifies 
principles and measures for prevention and control, and delineates 
the roles and responsibilities of different government offices 
(including the Ministries of Culture, Sports and Tourism; Labor; 
Public Security; Education and Training; the Courts; the Vietnam 
Fatherland Front; and the Vietnam Women's Union) in educating, 
disseminating and implementing the Law. Some punishments for those 
who commit acts of domestic violence are also codified in the Law. 
 
State's Commitments to CEDAW 
---------------------------- 
 
¶3. (SBU) In talking to PolOff about the Law's passage, Nguyen Hoang 
Mai of NACSA emphasized that the approval of the law demonstrated 
Vietnam's commitment to the Convention on the Elimination of All 
Forms of Discrimination against Women (CEDAW), which Vietnam signed 
in 1980 and ratified in 1981.  "Having such a law is necessary for 
Vietnam because it expresses the State's policy on respecting and 
caring for women's benefits in general and women's issues in 
particular.  Domestic violence is not solely a particular family's 
issue but a whole society's.  It is an illegal act violating human 
rights and that is why domestic violence victims need to be 
protected and supported, and those committing violent acts need to 
be dealt with in accordance with the law."  The Vietnam Women's 
Union, which assisted in drafting the law, also reacted very 
positively to the Law's approval. 
 
Limitations of the Law 
---------------------- 
 
¶4. (SBU) Conversely, several NGOs expressed doubt regarding the 
effective implementation of the Law.  To Kim Lien, program manager 
of The Asia Foundation, commented that while some forms of 
punishments (including disciplinary warnings, cash fines, and/or 
administrative punishment) are specified in the law, these 
punishments are not serious enough to prevent violent acts.  She 
added that some cases of domestic violence are more appropriately 
dealt with in accordance with the existing Criminal Code. 
 
¶5. (SBU) Tran Hong Diep, Vice Director of local NGO CSAGA, which 
operates a center for women and children abuse victims, noted that 
the law does not mention the need to establish shelters for victims 
of domestic violence.  Shelters are extremely important for victims 
in crisis, and the common practice in Vietnam of using local medical 
establishments as shelters is not appropriate, she said.  She also 
noted that the role of the local police, very important in domestic 
violence cases, is not clearly defined in the legislation. 
 
¶6. (SBU) According to Dr. Vuong Thi Hanh, Director of local NGO 
CEPEW (Center for Education Promotion and Empowerment of Women), the 
Law depends too much on the Women's Union and the Vietnam Fatherland 
Front, both mass organizations, for its implementation at local 
levels.  He doubted that these organizations would be able to 
produce the expected results as they are "operationally weak" in 
many areas of the country.  He added that the Women's Union does not 
have a strong voice and the Fatherland Front primarily focuses on 
propaganda activities for the Communist Party. 
 
¶7. (SBU) Duong Trung Quoc, a National Assembly deputy known for his 
outspokenness, commented that a number of the National Assembly 
deputies are still concerned over the law's implementation and 
enforcement as it does not clearly define the responsibilities of 
the different ministries and agencies.  Further, assigning the 
Ministry of Culture, Sport, and Tourism as the lead agency in 
coordinating with other ministries does not seem an appropriate or 
 
HANOI 00002011  002.2 OF 002 
 
 
effective method of implementation. 
 
Comment 
------- 
¶8. (SBU) The passage of a new Law on Domestic Violence is certainly 
a positive step forward in Vietnam's stated policy on respecting and 
caring for women's rights and issues.  However, the unclear 
definition of responsibilities of state agencies, the lenient forms 
of punishment, and the lack of infrastructure facilities like 
shelters and counseling establishments demonstrate that Vietnam 
still has a long way to go to in preventing domestic violence and 
helping its victims. 
 
MICHALAK