Disclosure of fetal gender information, subject to a fine of up to VND 10 million

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Inheriting the current regulations in Decree 176/2013/ND-CP, Article 95 of this Draft stipulates the penalty levels for acts of diagnosing and determining the gender of the fetus as follows:

1. A fine ranging from VND 3,000,000 to VND 5,000,000 for the act of using fortune-telling to determine the gender of the fetus.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 for the act of taking pulse, ultrasound, or testing a pregnant woman to diagnose and disclose, provide information about the gender of the fetus, except in cases where the law provides otherwise.

Thus, according to this Draft, anyone who uses fortune-telling to determine the gender of the fetus of a pregnant woman will be fined up to VND 5,000,000, and the maximum fine will be VND 10,000,000 if there is an act of pulse-taking, ultrasound, or testing a pregnant woman to diagnose and disclose, provide information about the gender of the fetus.

Notably, for cases of pulse-taking, ultrasound, or testing a pregnant woman to diagnose and disclose, provide information about the gender of the fetus, in addition to being fined, violators will also be stripped of their operating licenses and professional practice certificates for a period ranging from 1 month to 3 months.

Additionally, this Draft also stipulates that anyone who threatens to use force, intimidates mentally to coerce others to apply a method to obtain the desired gender of the fetus will be fined from VND 5,000,000 to VND 10,000,000, and the fine will range from VND 10,000,000 to VND 15,000,000 if force is used. (This content is currently also regulated in Decree 176/2013/ND-CP and is now reaffirmed in the Draft)

See more details of the Draft Decree replacing Decree 176/2013/ND-CP HERE.

Nguyen Trinh

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