MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY MAI THI DIEU THUY LEGAL GUARANTEES OF WOMEN’S POLITICAL RIGHTS IN VIETNAM NOWADAYS SUMMARY OF THE DOCTORAL DISSERTATION HA N[.]
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY MAI THI DIEU THUY LEGAL GUARANTEES OF WOMEN’S POLITICAL RIGHTS IN VIETNAM NOWADAYS SUMMARY OF THE DOCTORAL DISSERTATION HA NOI, 2023 MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY MAI THI DIEU THUY LEGAL GUARANTEES OF WOMEN’S POLITICAL RIGHTS IN VIETNAM NOWADAYS Major: Theory and History of State and Law Code: 38 01 06 SUMMARY OF THE DOCTORAL DISSERTATION SUPERVISOR: Prof Dr NGUYEN MINH DOAN HA NOI, 2023 INTRODUCTION The necessity of the topic In the world, women account for more than half of humanity and make enormous contributions to the development of nations and the happiness and peace of each family Women are still vulnerable despite such significant contributions to the country and family They suffer many disadvantages in social life, especially the country’s political life, because of their physical and gender characteristics In addition, they are subject to the primary victim of gender inequality in many fields, so it requires comprehensive attention and protection from society Thus, in 1979, the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), commonly known as the Universal Declaration of Human Rights against Women Accordingly, it is necessary to establish perfect mechanisms to ensure and protect women’s rights internationally and nationally The rule-of-law socialist model that Vietnam is building and perfecting always pursues the determination to respect human rights and considers this as one of the priorities especially characteristic of the socialist regime Therefore, the consistent policy of the Party and the State of Vietnam is the guarantee of human rights and the implementation of gender equality effectively in actual social life In recent years, legal and institutional frameworks on women’s political rights have undergone drastic changes in organizational structure, capacity implementation, and guaranteed quality of activities, which partly meet the needs of participating in the political life of women in the current period However, law enforcement practice shows that there are still significant inequalities between men and women, especially in the political sphere Women were elected as National Assembly deputies for the first time in 1976; however, Vietnamese women’s participation in state management has increased significantly but not stably through the National Assembly and National Assembly There is still a long distance from the target set by the Gender Equality Strategy for 2021-2030: “By 2025, 60% and by 2030, 75% of state management agencies and local governments at all levels will have female key leaders”1 This situation is demonstrated in the Final Report on the election of deputies to the XV National Assembly and the People’s Councils at all levels for the 2021-2026 term, issued on July 14, 2021 Specifically: Female deputies to the XV National Assembly are 151/499, accounting for 30.26% Female deputies of the People’s Councils at all levels for the 2021-2026 term: at the provincial level, there are 1079/3721 delegates, accounting for 29%; district level has 6,584/22,550 delegates, accounting for 29.2%; Commune level has 69,487/239,788 delegates, accounting for 28.9%2 Notably, Laws, Resolutions, directives, and action plans on ensuring women’s political rights have yet to come to life Therefore, strengthening the legal guarantee of National Strategy on Gender Equality for the 2021-2030 period (Promulgated together with Resolution No 28/NQ-CP dated March 3, 2021 of the Government) National Election Council, Final Report on the election of deputies to the XV National Assembly and deputies to the People's Councils at all levels for the 2021-2026 term, July 14, 2021 women’s political rights is essential due to its crucial role in security measures This measure is not only a premise, a basis for women to enjoy privileges, but a solid foundation for promoting the part of state agencies, social organizations, communities, and especially the role of themselves women as beneficiaries of political rights in realizing women’s political rights Likewise, in terms of theory, an overview of research works related to the legal guarantee of women’s political rights of women in Vietnam figures out the shortage of such a line of research Hence, the theoretical framework for the above legal guarantee is a big gap For the reasons mentioned earlier, the research on the topic: “Legal guarantee of women’s political rights in Vietnam nowadays” at the doctoral dissertation level shall make a significant contribution to both theory and practice in Vietnam Systematic research on theory and practice: “Legal guarantee of women’s political rights in Vietnam nowadays” will promptly respond to requirements on strengthening gender equality and promoting democracy in the political life of the country, primarily to ensure better the implementation of the political rights of citizens in general and the political rights of women in particular The purpose and task of the dissertation 2.1 The purpose of research The dissertation aims to find and propose several necessary solutions that are realistic, scientific, and feasible to improve the legal guarantee of women’s political rights in Vietnam today 2.2 The task of research To achieve the above purposes, the thesis focuses on the following tasks: - To review domestic and foreign scientific works on the legal guarantee of women’s political rights in general and of Vietnamese women, in particular, to find out research results that can be inherited and determine the contents for further research - To clarify the theoretical basis of women’s political rights and legal guarantee of women’s political rights, including the concept of women’s political rights; the concept, characteristics, and content of legal guarantee of women’s political rights, as well as the role and factors affecting the legal guarantee of women’s political rights - To clarify the practice of legally guaranteeing women’s political rights in Vietnam, point out the achievements and limitations of this guarantee, and identify the causes of such a situation - To identify opinions and propose solutions to improve the legal guarantee of women’s political rights in Vietnam in the current period The methodological basis and research methods 3.1 The methodological basis The dissertation is conducted based on dialectical and historical materialism of Marxism-Leninism, Ho Chi Minh’s thoughts on the socialist State and law, the relationship between the State and citizens, human rights, socialist democracy, and building a rule of law-oriented State Socialism 3.2 Research methodologies o clarify the overview of the research situation related to the topic of the thesis, the author uses analytical, synthesis, historical and logical methods, systematization methods - Chapter 1: To draw out theoretical issues on the legal guarantee of women's political rights, the author has used methods of analysis, synthesis, scientific abstraction, and legal comparison - Chapter 2: The author used normative analysis, statistical analysis and synthesis, and comparative methods - Chapter 3: The author uses methods of analysis, synthesis, comparison of laws, scientific forecasting methods In addition, in the process of researching the thesis, the author also uses a systematic, interdisciplinary approach to the social sciences and humanities, with a special focus on jurisprudence Research scopes - Scope of content: This thesis focuses on the following main topics: + Theoretical issues on the legal guarantee of women’s political rights + The current practice of legal assurance of women’s political rights in Vietnam + Perspectives and solutions to improve the legal guarantee of women’s political rights in Vietnam - Spatial scope: Theory and practice of legal assurance of women’s political rights in Vietnam - Scope of time: From 2013 to present New contributions of the dissertation The dissertation systematically researches the legal guarantee of women’s political rights in building the rule-of-law State of the Socialist Republic of Vietnam First, the thesis has added to the theoretical framework on the legal guarantee of women’s political rights, including concepts, essential characteristics, and the fundamental elements of the legal guarantee of women’s political rights in the conditions of building a socialist rule-of-law State in Vietnam Second, the dissertation comprehensively assesses the achievements and limitations of the legal guarantee of women’s political rights under the general guarantees of women’s rights in the political field and the reasons for such practices Third, the dissertation has established a range of scientific solutions related to strengthening the legal guarantee of women’s political rights in Vietnam under the conditions and orientations for building a socialist rule-of-law State in Vietnam today, concentrating on 04 groups of solutions as follows: - Solutions related to the awareness of organizations and individuals about ensuring women’s political rights in Vietnam - Solutions related to perfecting legal provisions on women’s political rights - Solutions related to improving enforcement efficiency to ensure women’s political rights in Vietnam today - Solutions related to raising the awareness of individuals and organizations about ensuring women’s political rights in Vietnam today Scientific and applicative value of the doctoral dissertation 6.1 Scientific value: The research results of the thesis contribute to the system of theoretical knowledge about the legal guarantee of the political rights of Vietnamese women 6.2 Applicative value: The dissertation provides references for research, teaching, and learning about women’s and human rights Besides, the thesis also provides reference material for practitioners, and managers in the planning process policy making, law improvement, and law enforcement, and at the same time, contribute to improving and raising the legal awareness of organizations and individuals when participating in activities for the rights of women in Vietnam Research hypothesis and research question 7.1 Research hypothesis Based on research on the legal guarantee of political rights of women in Vietnam today as well as the practical application, the thesis needs to concentrate on the following scientific hypothesis: The practice of legally guaranteeing women’s political rights in Vietnam over the years, despite remarkable achievements, there are still has certain limitations, which leads to the fact that the legal guarantee of women’s political rights in Vietnam in recent years has yet entirely played its significant role and significance, negatively affecting the quality and effectiveness of ensuring women’s political rights 7.2 Research question To achieve the stated research objectives, based on the research situation of the topic, the thesis posed some basic questions as follows: First, what is the legal guarantee of women’s political rights? Why, in the socialist rule of law state, the legal guarantee of women’s political rights plays an essential role in the forms of guarantee? Second, how is the legal guarantee of women’s political rights implemented in our country? What are the achievements and limitations? What are the causes of such accomplishments and restrictions? Third, what principles and recommendations should guide efforts to strengthen the effectiveness of the current legislative protections for women’s political rights in Vietnam? Structure of the Dissertation In addition to the introduction, conclusion, list of references, and appendices, the Dissertation consists of chapters: Chapter 1: Theoretical framework on the legal guarantee of women’s political rights Chapter 2: Current status of the legal guarantee of women’s political rights in Vietnam Chapter 3: Orientation and proposals for strengthening the present legal guarantee of women’s political rights in Vietnam LITERATURE REVIEW OF THE RESEARCH ISSUES RELATED TO THE DISSERTATION In international legal science, many theses, programs, projects, and scientific research work on women’s rights and gender equality in the political field Below is some scientific research related to women’s political rights and the legal guarantee of women’s political rights, which the author studies during the dissertation in association with the established purposes and research task National scientific research works 1.1 Research works on the theoretical framework of the legal guarantee of women’s political rights in Vietnam 1.1.1 Research works on women’s rights, women’s political rights Book “Women’s participation in leadership and management” by the Center for Scientific Research on Female Labor, 1997 This study is an overview of the position and role of Vietnamese women in the political system and the barriers affecting their participation in politics, taking approaches from political science, sociology, and culturology Thesis “Women’s right to participate in state management according to Vietnamese legislation” by Nguyen Thi Mai, 2016 The thesis introduced the theoretical basis for women’s right to participate in state management and factors negatively affecting the right to participate in state management in practice Besides, the thesis also made several proposals to improve the efficiency of Vietnamese women’s right to participate in state management Thesis “Women’s rights to participate in elected bodies in Vietnam” by Nguyen Thi Ngoc Tram, 2017 The thesis has analyzed deeply the theoretical basis of women’s rights to participate in elected bodies and the status and factors affecting the implementation of women’s rights to participate in elected bodies in our country from term X 1.1.2 Research works on the guarantee, the legal guarantee of women’s political rights Ministry-level scientific research project “Ensuring women’s rights in Vietnam today,” by Assoc Prof Dr Nguyen Thi Bao, 2014-2015 The project has systematized the theoretical basis for ensuring women’s rights and the experiences of some countries in the world and lessons for Vietnam on ensuring women’s rights in Vietnam today Hue University-level scientific research project “Ensuring the implementation of women’s political rights – Practices in Thua Thien Hue province,” by Mai Thi Dieu Thuy, 2018-2020 The project clarifies the theoretical basis of ensuring the implementation of women’s political rights and the situation of ensuring women’s political rights in Thua Thien Hue province In addition, the project also has proposed several highly feasible solutions For theses and dissertations on the guarantee and legal guarantee of human rights in general and women’s rights in particular, there are also: Doctoral Thesis “Legal guarantee of the right to access information in Vietnam today” by Le Thi Hong Nhung, 2015 The author has developed a relatively comprehensive concept of the legal guarantee of the right to access information and the characteristics and contents of this form of guarantee The author also figured out the current situation and proposed solutions to improve the effectiveness of legal guarantees of the right to access information in our country Thesis “Legal guarantees in implementing women’s rights in our country today” by Pham Thi Tinh, 2007 Through theoretical research on the legal guarantee of women’s rights, the author has evaluated the current status of the legal guarantee of women’s rights in various aspects 1.2 Research works on the practice of the legal guarantee of women’s political rights in Vietnam State-level independent scientific research project “Improving leadership capacity of female cadres in the political system,” by Central Organization Committee, 2006 The research assessed the current situation of the leadership capacity of female cadres from the central government to the locality, which makes the basis for appropriate solutions to strengthen the political leadership capacity of this target group Ministry-level scientific research project “Vietnamese women in leadership and public management today” by Dr Dang Anh Tuyet, 2015-2016 This project has researched and analyzed the current situation of Vietnamese women in leadership and public management; points out the causes and factors affecting women’s participation in leadership and public management In addition, several research works have also been conducted on the practice of the legal guarantee of women’s political rights as follows: Doctoral Thesis “The role of female leaders and managers in the process of industrialization and modernization” (the case of Quang Ngai province), by Vo Thi Mai, 2011 The thesis has analyzed the current situation of Quang Ngai province and pointed out the influencing factors and challenges faced by all levels and sectors Hence, the thesis proposes solutions to enhance the role of female leaders and managers in the cause of national renewal The article “Gender prejudice against women in leadership and management” by Nguyen Thi Thu Ha, published in Communist Journal No (1), 2008 The article analyzed the influence of gender stereotype barriers on the role of women’s political participation 1.3 Research works on viewpoints and recommendations to strengthen the legal guarantee of women’s political rights Ministry-level scientific research project “Vietnamese women in leadership and public management today,” by Dr Dang Anh Tuyet, Institute of Sociology, Ho Chi Minh National Academy of Politics, 2015-2016 The project has a detailed analysis of the promotion experiences of women in leadership and management combined with the analysis of Vietnam’s economic, political, and social conditions It offers solutions to help women advance in leadership and management Book “Improving the leadership capacity of female cadres in the political system” by Nguyen Duc Hat, National Political Publishing House, Hanoi, 2007 The book has introduced effective measures to improve female cadres’ positions, roles, and leadership capacity and strengthen their participation in leadership and management in the apparatus of the Party, State, and mass organizations in Vietnam Thesis “Women’s right to participate in state management according to Vietnamese legislation,” by Nguyen Thi Mai, 2016 The thesis has stated the actual situation of implementing the right to participate in state management of Vietnamese women in recent years and proposed solutions to improve the efficiency of Vietnamese women’s right to participate in state management Foreign scientific research works 2.1 Research works on theoretical framework of the legal guarantee of women’s political rights Book “Women in politics and Decision-Making in the Late Twentieth Century,” by Center for Humanitarian and Social Development, United Nations Office in Vienna, Martinus Nijhoff Publishing House, 1992 The book pointed out obstacles to women in decision-making related to state management, thereby proposing measures to overcome such obstacles and increase the percentage of women participating in politics in the coming time The article “Legal Guarantee for Rights of Political Participation of Citizens in Harmonious Society” by Zhang Shunqing was published in Yangtze Tribune, issue 3, 5155p, 2008 The author analyzes in depth the mechanism for ensuring the right to political participation of citizens (including women) by the Constitution and the law, points out the limitations and shortcomings which lead to several recommendations to strengthen the establishment of democratic social rules and expand the political participation of the people citizens for human rights 2.2 Research works on the practice of the legal guarantee of women’s political rights Report “Women’s participation in leadership and management roles in Vietnam,” Jean Muro, 2012 The report provides an overview of the legal framework related to women’s leadership and an analysis of challenges and barriers for women The article “Strengthening the voice, leadership, and participation of women from Asia Pacific and beyond” by Kim Henderson was posted in the Proceedings of the Annual Meeting: “Strengthening the leadership capacity of female cadres, contributing to the development of human resources for service international integration service,” 2011 The article has comprehensively described women’s participation in state management activities at the grassroots level and pointed out the factors affecting women’s leadership and management, including individual, organizational, and social factors 2.3 Research works on viewpoints and recommendations to strengthen the legal guarantee of women’s political rights The publication “Gender Equality in Elected Office in the Asia Pacific: Six Actions to Expand Women’s Empowerment” by Pippa Norris outlined six rapid institutional reforms aimed at achieving their goals of gender equality in elected bodies and empowering women most effectively Publication “A Transformative Stand-Alone Goal on Achieving Gender Equality, Women’s Rights and Women’s Empowerment: Imperatives and Key Components” by UN Women, June 2013 The publication outlines UN Women’s messages calling on countries to make specific commitments to improve legal guarantees and enforcement resources on gender equality and women’s empowerment with the Sustainable Development Goals (SDGs) Evaluation of results of research works related to the topic of the dissertation From the process of studying the works done at home and abroad on the legal assurance of women’s political rights related to the topic, the author found that the research works achieved some results as follows: 3.1 The research results inherited and on the way of development by the dissertation - In theory: Chairwoman was female, which is a significant improvement compared to previous terms There is 01 Vice Chairwoman of the National Assembly who is female; this rate decreased compared to the previous term (2 people) The percentage of women in the Standing Committee of the National Assembly, in the position of President and Vice President of the National Assembly from term X, has stayed within three people The proportion of female deputies in the Standing Committee of the National Assembly has decreased sharply in the XI and XII terms, the percentage of women is at most 20%, but there has been a gradual increase in the two terms XIII and XIV The proportion of women in the Standing Committee is now 23.5%, mainly focusing on social issues (accounting for 42%), culture, education, youth, and children (35%) The proportion of women in People’s Councils at all levels is also much lower than the rate set by Resolution 11 of the Politburo From term X (1997-2002) to term XIV (20162021), these figures are 26.22% and 26.8%, respectively, so the increase rate is quite slightly less than 1% (0.58%) but steadily increasing Particularly for the Provincial People’s Council, the percentage of female delegates increased more clearly at the rate of 4.13%, from 22.33% in the 1999-2004 term to 26.46% in the 2016-2021 term However, during the Provincial People’s Council terms from 1999 to 2021, the participation of women in the position of Chairman and Vice-Chairman could be much higher In the 1999-2004 term, the female chairperson accounted for only 1.64%; During the 2002-2011 term, the percentage of female chairpersons decreased to 1.56% Thus, the results achieved in the past have not been as expected, showing that there are still certain limitations in the current policy framework, measures to ensure the implementation of women’s political rights, and other issues The impact of awareness, social attitudes, and women has affected the implementation of this right in Vietnam * Percentage of women’s participation in the system of state administrative agencies For central state administrative agencies, as of July 2020, the proportion of ministries, ministerial-level agencies, and government-attached agencies with female officials holding key leadership positions is as follows: 11/30 Ministries, ministerial-level agencies, and government-attached agencies reached the rate of 36.6%, in which there are 11/116 female deputy ministers of ministries, ministerial-level agencies, and agencies attached to the Government Meanwhile, the Gender Equality Strategy 2011-2020, the second indicator of the first objective, states that: “Increasing the participation of women in management and leadership positions, gradually increasing the gender gap in the political field” and “Strive to reach 80% by 2015 and by 2020 to reach over 95% of ministries, ministerial-level agencies, Governmental agencies, and People’s Committees at all levels with female key leaders” Compared with such goals, this gap is large and challenging to implement For local state administrative agencies, the proportion of critical female cadres at People’s Committees at all levels has increased unevenly over recent terms Typically, in the 2016-2021 term, the proportion of People’s Committees at all levels with vital female leaders at the provincial level decreased slightly to 32.14%, but at the district level increased to 32.64%, and at the commune level, increased to 21.95% As of July 2020, there are 19/63 provinces and centrally-run cities with key female leaders accounting for 30.1%, of which 02/63 female chairpersons of the provincial People’s Committee (Binh Phuoc, Bac Ninh) accounted for 3.17%, and 19/204 female Vice Chairmen of the Provincial People’s Committee accounted for 9.31% At the district level, some localities have a leadership and management ratio of 20% or more at district level such as Binh Duong (24.24%), Ho Chi Minh City (22.45%), Ninh Binh (20.69%) The provinces of Ca Mau, Binh Thuan, and Binh Dinh not have female leaders and managers at this level At the commune level, Northern provinces and cities have seen a percentage of female leaders and managers less than 5% Thus, the percentage at the local level shows a big gap compared with the goal of 95% in 2020, which is challenging to fill in * Percentage of women in the judicial system and the prosecutor’s office By 2020, the total payroll of cadres and civil servants of People’s Courts at all levels is 14,149, of which female cadres and civil servants are 7,668 (accounting for 54.19%) The proportion of female judges is relatively low compared to many countries worldwide This percentage currently accounts for 23.5% of the Supreme People’s Court, 16.7% of the High People’s Court, 34.7% of the Provincial People’s Court, and 44.9% of the District People’s Court This status figures out a limitation of women when exercising their equal rights with men in ensuring social order and justice, especially affecting the protection of gender rights in legal proceedings, especially judicial activities For the current system of supervisory agencies, the ratio of female civil servants to the total number of civil servants in the sector is 6,790 people (accounting for 53%) Female cadres and civil servants holding judicial titles are 3504, accounting for 37% of the total number of civil servants holding judicial titles * Percentage of women’s participation in social organizations In the 2015-2020 term, the central level had 17/180 official members, reaching 10% (up 1.3%); for the first time, there were three female Politburo members, accounting for 15.78% The rate of participation in the Secretariat reached 14.3% The percentage of women participating in the Executive Committee of the Party Committee and the Party Committee of the Party Committee reaches 10.7% and 19.4%, respectively For provinces and central cities, the number of female committee members is 466, accounting for 13.3%, an increase of 1.9% compared to the previous term There are 21 party committees, with the percentage of female members reaching over 15% For district level and equivalent, the number of female members is 5,272 comrades, accounting for 14.3% Although this figure does not satisfy the target, it has increased by 0.3% compared to the previous term For Party committees and grassroots branches, the number of female members was 58,646 comrades, accounting for 19.69%, an increase of 1.9% compared to the previous term Some places have a relatively high percentage of female members, such as Ho Chi Minh City (29.49%) and Tra Vinh (28.52%) However, professional party committees show a limited percentage of women’s participation, for example, the Party committees and branches of the military sector (0.18%), police sector (4.06%), and foreign Party committees (0%) Hence, the achievements of the 2015-2020 term show an increase compared to the previous term, but it has not satisfied the requirements of the striving targets set out by the Gender Equality Strategy For the grassroots-level Party Congress for the 2020-2025 term, the percentage of women’s participation in the Party committee level will reach 20.8% (an increase of 1.7% compared to the 2015-2020 term), of which women will participate in standing positions 13.2%; female secretaries reached 10.9%, and female deputy secretaries reached 14.8%3 For mass organizations, and other socio-political organizations, the proportion of female cadres has increased significantly after the issuance of Directive 37 CT/TW, which is much higher than other state management agencies and party committees This proportion of female cadres is relatively high in the Fatherland Front and its member organizations, including the General Confederation of Labor, Ho Chi Minh Communist Youth Union, Farmers’ Union, Union Women, and Veterans Association In addition, the percentage of women holding leadership positions in Vietnamese enterprises has also made remarkable progress According to enterprise survey results, the percentage of female business owners in 2011 reached 24.7%, in 2013 reached 24%, and in 2016 reached 26.4% According to data from the Business Registration Management Department under the Ministry of Planning and Investment, as of October 2019, women own 285,689 companies, accounting for 24% of the total number in the country Among women-owned enterprises, which are distributed by primary production and business lines, they are mainly concentrated in trade and services, accounting for 75%, 12% in construction, 7% in the industry field, and 7% in the fisheries sector b Status of coordination and operation to the legal guarantee of women’s political rights of relevant institutions Over the years, the legal guarantee of women’s political rights nationwide has achieved many remarkable results thanks to the management and operation of agencies and departments and the cooperation of the whole society The coordination between related sectors to determine the correct content, level, and participants are performed at all levels for each specific activity Integrating gender equality in politics and female cadre work into movements, campaigns, and activities of agencies, departments, and mass organizations Report of the Government on the implementation of the national target on gender equality in 2019 and the period2011-2020 (Report No 362 BC/CP dated August 10, 2020) In addition, as a direct management agency for gender equality in political activities, the Ministry of Labor, War Invalids, and Social Affairs has coordinated various activities with ministries, branches, and the Central Vietnam Women’s Union Such activities aimed at innovating the content and form of communication, making legal propaganda and dissemination activities increasingly rich and diverse In addition, in 2019, the Ministry of Public Security published 1,510 information, articles, and images reflecting the content of gender equality on the web portal, columns of the press agencies in and outside the people’s police force; held 1,584 contests, seminars, and seminars on laws and policies on gender equality and female cadres Also, during this time, units under the Ministry of Construction organized more than 200 propaganda and education campaigns on gender equality for 15,130 turns of people, mainly cadres, civil servants, and workers in the industry In addition, the Ministry of Information and Communications has coordinated with the Central Propaganda Department and the Vietnam Journalists Association to regularly direct and orient newspapers and radio stations to promote communication activities and raise awareness on gender and gender equality At the elections to the National Assembly, People’s Councils at all levels, and the Central Committee of the Vietnam Women’s Union have coordinated with agencies and departments to organize many pieces of training to improve knowledge and capacity for female candidates at all levels, female leaders, and managers Such programs concentrate on improving women’s campaign skills, giving presentations, contacting voters, developing action plans, electoral laws, etc., to achieve high results in the election process In addition, in 2019, Vietnam successfully developed and defended the 3rd National Report on the Implementation of the International Covenant on Civil and Political Rights, one of the conventions considered “difficult” to implement obligations In cooperation with the United Nations’ mechanisms on human rights, Vietnam always shows the spirit of initiative, positivity, and responsibility Notably, Vietnam participated in the Human Rights Council, the Social Commission, Humanitarian and Cultural Affairs of the General Assembly, the Socio-Economic Council, and other United Nations forums to secure and promote human rights and the fundamental principles of international law about human rights Furthermore, from March 11 to 22, 2019, Vietnam participated in the 63rd session of the United Nations Commission on the Status of Women taking place in New York City with the theme: “Social protection systems, access to public services and sustainable infrastructure for gender equality and the empowerment of women and girls.” In particular, Vietnam has actively contributed to drafting the ASEAN Declaration of Human Rights, which the ASEAN Senior Leaders approved in November 2012 This document is the first one outlining the framework for strengthening cooperation and protecting human rights in the region, which is the commitment of ASEAN countries to respect and guarantee fundamental rights and freedoms This is the second time Vietnam has assumed the role of ASEAN Chair since joining ASEAN in 1995 In 2010, when it first assumed this role, Vietnam marked the year with necessary actions, such as developing human resources, responding to climate change, and enhancing social welfare for women and children in ASEAN In addition, the Vietnamese Government delegation sent to the United Nations and successfully defended the national report reviewing 25 years of implementation of the Beijing Declaration and Platform for Action on Women at the Conference Minister of AsiaPacific in Bangkok, Thailand, from November 27-29, 2019 In its relationship with foreign NGOs, Vietnam always maximizes the effectiveness of international cooperation relationships and cooperation with foreign NGOs In recent years, the guarantee of social rights of vulnerable groups and the remarkable contributions of foreign NGOs, with the number of projects in this field accounting for more than 20% of the total and nearly 20% of the disbursement value of the activities of foreign NGOs Although the mechanism of operation and coordination to the legal guarantee of political rights across the country in recent years has made remarkable progress, the practice remains unexpected For example, no specific inter-sectoral documents have been enacted to guide the implementation of specific women’s political rights assurance work, so the actual implementation is still complex when the implementation does not meet the actual demand 2.4 Legal awareness of women’s political rights in Vietnam 2.4.1 The current state of awareness and consciousness of the Party committees, the State and the social community about women’s political rights The viewpoint of “equal rights for men and women” has been affirmed in the Political Program of the Vietnamese Communist Party since 1930 Our Party’s stance on caring for female cadres is always clearly reflected in the Party’s guidelines, policies, and resolutions, serving as the basis for the promulgation of laws and policies related to the development of female cadres It is an essential foundation for women to have more and more opportunities to access political rights On April 27, 2007, the Politburo issued Resolution No 11/NQ-TW on women’s work in the period of national industrialization and modernization and Directive No 36-CT/TW, dated May 30, 2014, of the Politburo on Party congresses at all levels towards the 12th National Congress of the Party These documents have set the target of striving for a percentage of female members of the Party committee of at least 15%, and it is necessary to have female cadres in the standing committee of the party committee This point of view of the Party is also clearly expressed in the documents of the 12th Party term and concretized in the formulation and implementation of the Project on strengthening the Party’s leadership in gender equality and the progress of women in the new situation (Notice No 196-TB/TW dated March 16, 2015, of the Secretariat on strengthening the Party’s leadership in gender equality and the advancement of women in the current situation) Based on Resolution No 11 and Directive No 36 of the Politburo, Party committees, mass organizations, the Central Committee of the Vietnam Women’s Union, the National Committee for the Advancement of Women, as well as leading agencies and units, pay great attention to the issue of developing female human resources To effectively implement the content of Directive No 36-CT/TW dated May 30, 2014, of the Politburo, the goal is to strive for a female membership of no less than 15% It is necessary to have female cadres in the standing committee of the party committee The Standing Committee of the Provincial Women’s Union and the Standing Committee of the Women’s Union at all levels always actively advise the Party committees and authorities at all levels to incorporate the planning of female cadres into the annual strategy of the local leadership and management cadre planning However, during this term, there was still the case that some party committees did not have female cadres in the standing committee The achievements of planning of female cadres have surpassed the proportion of female cadres of not less than 15% provided in Guideline No 15 HD/BTCTW dated November 5, 2012, of the Central Organization Department on the planning of leading and managerial cadres in the spirit of Resolution 42 NQ/TW However, this rate remains relatively low, and there is a shortage of female cadres in several necessary fields, creating inequalities among departments, agencies, sectors, and localities, which will hinder the planning and implement policies related to gender equality 2.4.2 The current state of awareness and consciousness of individuals about women’s political rights Vietnam is a country that has spent more than a thousand years under feudalism, so the effects of the remnants of feudal legal consciousness profoundly impact social life Confucian thought has been deeply ingrained in the ideology and behavior of both men and women, a significant obstacle in legally guaranteeing women’s rights in the political field In the people’s ideology, politics is a field associated with state power, so it always seems to belong to men because "men take care of big things, women take care of small things." Such status often leads to managers and organizational leaders needing to express more confidence in women’s leadership and management ability Even some men want to work under female leadership The same situation for women has dramatically impacted women’s psychology, making them feel guilty, inferior, and doubtful about their ability to participate in political activities In addition, it is notable that Vietnamese society is changing Values have also changed, and married life has become more equal and democratic in the division of labor in the family Women increasingly have a higher position in the family defined by rights, responsibilities, and obligations, and are expressed in practice in making decisions on issues related to the family economy However, in comparing the roles of husband and wife in the family, the husband is still the decision-maker for big jobs, and women still the housework Therefore, women face the pressure of social work and the burden of family work when participating in leadership and management 2.5 General evaluation on the legal guarantee of women’s political right in Vietnam nowadays 2.5.1 Achievements and their causes 2.5.1.1 Achievements in the legal guarantee of women’s political right Notably, the exercise of women's political rights in Vietnam in recent years has achieved remarkable achievements The system of legal documents and policies on gender equality in the political field has been gradually improved towards ensuring the principle of substantive equality The results of implementing the national goals on gender equality in the political field have made remarkable progress All levels and sectors have paid attention to allocating resources for gender equality work, promoting the successful implementation of goals and gender equality in politics The authorities have focused on communication to raise awareness about behavior change and capacity building on gender equality from central to local levels Statistical work with gender disaggregation has been implemented, creating a scientific basis for proposing effective policies and laws on gender equality 2.5.1.2 Causes of achievements in the legal guarantee of women’s political rights in Vietnam a Objective causes: The construction of a socialist rule-of-law state requires the State of Vietnam to constantly improve the law and the state apparatus's law enforcement capacity Besides, the rapid development of the economy coupled with the development of human rights organizations in the world has strongly motivated them to participate in political life The State has increasingly focused on performing social functions, especially welfare policies The service system has also grown to help liberate women and create conditions for them to participate in political life The state apparatus has been increasingly consolidated, and enforcement institutions to ensure women’s political rights have become more and more effective b Subjective causes The perception of the Party committees, authorities, mass organizations and individuals in society has had specific changes The view and assessment of gender equality issues of the social community in practice develops in a more positive direction In addition, women nowadays often actively participate in professional training courses organized by agencies, agencies and social organizations, so they are confident enough to participate in political life 2.5.2 Limitations and their causes 2.5.2.1 Limitations in the legal guarantee of women’s political right in Vietnam Although the policies and laws of Vietnam on guaranteeing political rights in recent years have been promptly and effectively adjusted, some difficulties and obstacles still need to be resolved soon As follows: - The legal documents on women’s political rights are still scattered in many legal documents belonging to different branches of law There is no legal document specifically regulating women’s political rights - The policy system for female cadres is not timely and synchronous, so it does not effectively encourage women’s participation in political activities - Some targets for the political field that the National Strategy on Gender Equality for 2021-2030 are too high, so they cannot be achieved despite great efforts - Vietnam has not yet signed and ratified several UN conventions related to women’s political rights Especially, Vietnam has not joined the Convention on Political Rights of Women in 1952 - Some documents guiding the integration of gender equality in the political field into developing and implementing legal documents have not been issued promptly - Several solutions set out in the National Strategy on Gender Equality for 20112020 have not yet been implemented by agencies and organizations - The attention of the Party committees and authorities of some ministries, branches, and localities is sometimes still of a formal nature - The staff could be more robust in number, knowledge, skills, and experience implementing tasks - Statistics, information, and reports on gender equality have not yet ensured adequate support for gender equality work in the political field - Expenses for gender equality work are still low, depending on the attention of each ministry, branch, and locality 2.5.2.2 Causes to limitations in the legal guarantee of women’s political right in Vietnam a Objective causes First, the socioeconomic context Second, the gender stereotypes and barriers from traditional culture b Subjective causes Firstly, the perception of the subjects about the position and role of women Second, barriers from the policy and legal framework Third, the implementation of responsibility for coordination among all levels, branches, localities, and units still needs to be improved, making the operation efficiency low Fourth, the quality of cadres working on gender equality in politics Fifth, the role of socio-political organizations has not been fully promoted Sixth, barriers to the quality of human resources Seventh, the family barrier Eighth, the barrier of personal characteristics CHAPTER ORIENTATION AND PROPOSALS FOR STRENGTHEING THE PRESENT LEGAL GUARANTEE OF WOMEN’S POLITICAL RIGHTS IN VIETNAM 3.1 Orientation for strengthening the legal guarantee of women’s political rights in Vietnam 3.1.1 Strengthening the law to ensure women’s political rights in Vietnam so that women are truly equal and actively participate in political life to meet the requirements of the country’s development 3.1.2 Strengthening the legal guarantee of women’s political rights in Vietnam must be in line with the requirements of the construction of a socialist rule of law state 3.1.3 Strengthening the legal guarantee of women’s political rights in Vietnam must create a favorable legal environment for women to actively participate in the country’s political life 3.1.4 Strengthening the legal guarantee of women’s political rights in Vietnam must be done synchronously with other guarantees for political rights in particular and other rights of women in general 3.2 Proposals for strengthening the legal guarantee of women’s political rights in Vietnam 3.2.1 Strengthening the Party's leadership role in the legal guarantee of women's political rights In Vietnam, the Communist Party has a very important role in ensuring and promoting women's political rights In the coming time, in order to improve the leadership capacity of Party committees at all levels in the exercise of women's political rights, it is necessary to implement the following solutions: Firstly, Party committees at all levels should improve the quality of issuing resolutions on female cadres work Second, promote training to raise gender awareness for cadres and party members, especially leaders, managers, policy makers at all levels and sectors from central to local levels - To step up the direction and mastery of the basic contents of the Resolutions, Directives, Decisions on female cadres and female cadres' work to legal entities - At the same time, improve the quality of organizing the implementation of the Resolution and inspect the implementation of the Party's Resolution on women's work Thirdly, Party secretaries at all levels, Party union secretaries, Party officials and heads of departments from central to grassroots levels must enhance responsibility for creating unity among Party committees and agencies unions on female cadres work; Fourth, strengthen the comprehensive leadership of the Party committees at all levels for the work of female cadres, especially in inspecting and monitoring the implementation of policies on female cadre work 3.2.2 Raising awareness of organizations and individuals about the legal guarantee of women’s political rights and women’s other rights Firstly, it is necessary to clearly define the responsibilities of Party committees, authorities, socio-political organizations and leaders at all levels to ensure women’s political rights and eliminate gender prejudices against women in politics Secondly, ensuring women's legal and political rights should be integrated into the training program for civil servants and public employees 3.2.2.1 For policy-making and law-making agencies Firstly, it is important to thoroughly grasp the viewpoints and goals of women’s work in the new situation Second, fostering skills in analysis, assessment, and gender mainstreaming for cadres and civil servants involved in policy making 3.2.2.2 For organizations and individuals subject to the implementation of the legislation on women’s political rights Firstly, strengthen the compilation of documents and implementation of scientific research projects at all levels on feminism and women’s development theory Secondly, improving the quality of the cadres engaged in legal dissemination and education is necessary 3.2.2.3 For other individuals and organizations Firstly, the State also needs to pay close attention to the dissemination of the Party’s guidelines and guidelines and the State’s laws on gender equality in the political field Second, the Vietnam Women’s Union and the National Committee for Women’s Rights should actively direct the Associations at all levels to propagate and disseminate knowledge on gender equality Third, it is necessary to renew the form of propaganda and advocacy for women to make them aware of the importance of exercising political rights Fourth, women must strive to be confident in their work, focusing on training planning skills and facing pressure 3.2.3 Perfection of legislation on women’s political rights Firstly, the State should consider the ratification of the International Convention on Political Rights of Women in 1952 Second, it is necessary to keep on studying, amending, and supplementing the inadequate provisions and needs to be consistent with practice Third, the State soon promulgated the Law on Protests to perfect the legal basis for the right to protest of citizens in general and for female citizens in particular Fourth, it is necessary to innovate research institutions’ methods and ways of working, promulgating policies and laws on women’s political rights 3.2.4 The better organization of law enforcement on women’s political rights Firstly, Party committees at all levels regularly direct the implementation of Politburo’s Resolution 11-NQ/TW on women’s work during industrialization and modernization Second, it is necessary to standardize management staff to meet professional work needs – renewing views on assessment, selection, and use of female cadres Third, it is necessary to issue specific regulations defining the NCP as an independent monitoring and enforcement agency, a voluntary body Fourth, the Vietnam Women’s Unions of the provinces and centrally-run cities should consider starting the implementation of the hotline 1900969680 24/7 support to support women with legal knowledge and skills to participate in state management 3.2.5 Raising legal awareness of organizations and individuals about women’s political rights Firstly, the State has invested well in developing family support services, contributing to freeing women from some housework Second, state agencies and grassroots-level social organizations regularly organize campaigns to mobilize families to implement the policy of empowering women in the political field Third, women must constantly strive to learn, have a sense of progress, need to be more secure, and often overcome barriers because of low self-esteem in studying and working 3.2.6 Developing and promoting the guarantee of women’s political rights and other rights synchronously 3.2.6.1 For political guarantee Firstly, Party committees at all levels also regularly lead and direct agencies, departments and social organizations in the locality to actively implement the content of Resolution 11-NQ/TW of the Politburo on women's work in the period of national industrialization and modernization Secondly, it is necessary to strengthen the coordination between Party committees at all levels with State agencies, the Fatherland Front and mass organizations in preparing personnel and selecting female personnel who meet the conditions prescribed by law provisions of the law Thirdly, Party committees at all levels should strengthen the direction of state agencies and social organizations to actively integrate the issue of ensuring women's political rights into the training program for civil servants and public employees subjects are leaders of departments, unions, and Association officials Fourth, Party committees at all levels should focus on inspecting and supervising the implementation of the Party's Resolutions as well as summarizing practices to draw lessons from governments at all levels Fifth, the Government should direct localities to include specific indicators on women's development and gender equality in the political field into the province's socioeconomic development plans 3.2.6.2 For economic guarantee Firstly, Women’s Unions at all levels should continue coordinating with the Bank for Social Policies and the Credit Fund to exploit capital sources to support women’s members Second, People’s Committees at all levels need to strengthen support policies on material and spiritual resources for the training and retraining of female cadres Third, the State should issue policies to encourage and create conditions for women to work in new industries and fields of production 3.2.6.3 For sociocultural guarantee Firstly, the socio-political organizations are responsible for propaganda and exercising women’s political rights Secondly, gender equality education activities in the political field must be integrated into the official education program of the national education system Thirdly, the National Committee for the Advancement of Vietnamese Women at all levels should have plans to support provinces to organize conferences to evaluate the amendment and supplementation of conventions and conventions in the direction of ensuring gender equality and strengthening women’s voices 3.2.7 Strengthening the coordination of the Party, State, social organizations, families, the whole society, and women themselves in ensuring women’s political rights Firstly, it is necessary to strengthen the coordination between Party committees at all levels with State agencies, the Vietnam Fatherland Front, and mass organizations in personnel preparation and selection of qualified female personnel Second, Party committees at all levels should strengthen the direction of state agencies and social organizations to actively integrate the issue of ensuring women’s political rights into the training program for civil servants Third, the next time, the Ministry of Labour, Invalids and Social Affairs will step up the implementation of the periodic gender equality specialized inspection function Fourth, the Ministry of Labour, Invalids and Social Affairs shall coordinate with the Ministry of Finance to ensure sufficient funding for inspection and supervision of the implementation of the law on gender equality Fifth, the State must support material resources for Women’s Unions at all levels to help them establish a network of women in the political world to share experiences and coordinate joint activities at national and international levels 3.2.8 Strengthen cooperation with international organizations and other countries in the guarantee of women’s political rights Firstly, it is necessary to strengthen extensive cooperation with international organizations and countries by signing bilateral and multilateral agreements to learn from experience, and take advantage of resources to support activities to ensure women's rights in domestic politics Second, strengthen policy dialogue with state agencies and the political system of Vietnam Third, when integrating into the world, Vietnam must always follow the shared values of humanity, associate integration with human rights protection and women’s rights protection CONCLUSIONS Ensuring women’s political rights is a significant activity for women’s need to enjoy citizenship in the political field Among the forms of guaranteeing women’s political rights, the legal guarantee of women’s political rights is the most preeminent By implementing the legal guarantee of women’s political rights, the legal system will fully recognize them and enforce them in practice by legally coordinated institutions for enforcement and guaranteed by state coercion In the current period in Vietnam, women obtain more and more opportunities to be recognized and equal in exercising their human rights in various fields, including politics However, due to the influence of historical factors, the limited level of socio-economic development, the contradictions and shortcomings in the legal system, and genderprejudiced ideas deeply rooted in the perception of each person, the legal guarantee of women’s political rights does not effectively meet the requirements and wishes of women Therefore, to ensure the orientation of building a socialist rule-of-law state, the priority task in the current period is to develop scientific and practical solutions to improve the legal guarantee of women’s political rights Solutions to raise awareness of legal subjects, improve legal institutions on women’s political rights, as well as institutions for implementing women’s political rights and legal consciousness on women’s political rights in Vietnam today, all aimed at the ultimate goal of improving the effectiveness of the legal guarantee of women’s political rights in practice Thereby, it affirms women’s position and role in individuals’ perception and psychology in society, which contribute to the success of the construction of a socialist rule-of-law state in Vietnam of the people, by the people, for the people