Under what circumstances are pregnant women allowed to have an abortion? Can illegal abortion in Vietnam go to jail?
When are pregnant women allowed to have an abortion?
According to the provisions of Part 8 of the National Guidelines for Reproductive Health Care Services issued together with Decision 4128/QD-BYT in 2020, abortion can only be performed until 22 weeks of gestation. .
Methods of abortion from 13 weeks to the end of 22 weeks.
+ Medical abortion is applied to pregnancy from 13 to 22 weeks:
+ Method of dilation and grasping (not recommended): using a vacuum pump and forceps after the cervix has been prepared with misoprostol is applied to the fetus from 13 weeks to the end of 18 weeks.
In addition, there is no document that outright prohibits abortion.
Under what circumstances are pregnant women allowed to have an abortion? Can illegal abortion in Vietnam go to jail? (Pictures from the internet)
Is illegal abortion in Vietnam administratively sanctioned?
The act of having an abortion for the purpose of sex selection will be administratively sanctioned according to Article 100 of Decree 117/2020/ND-CP as follows:
- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for aborting the fetus for the reason of sex selection of the pregnant woman without being forced to abort the fetus.
- A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for enticing or enticing a pregnant woman to abort the fetus for reasons of gender selection.
- A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for threatening to use force or mental intimidation to force a pregnant woman to abort the fetus for reasons of gender selection.
- A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for using force to force a pregnant woman to abort the fetus for reasons of sex selection.
- A fine ranging from VND 12,000,000 to VND 15,000,000 shall be imposed for one of the following acts:
+ Providing chemicals and drugs to abort the fetus without knowing that the pregnant person wants to abort the fetus for gender selection reasons;
+ Indicating or instructing the use of chemicals, drugs or other methods to abort the fetus, knowing that the pregnant person wants to abort the fetus for reasons of sex selection.
- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for having an abortion knowing that the pregnant person wants to abort the fetus for reasons of gender selection.
- Additional sanction:
+ Deprivation of the right to use operation licenses or practice certificates for a period of between 3 and 6 months, for the acts specified in Clause 5 of this Article;
+ Deprivation of the right to use operation licenses or practice certificates for a period of between 06 and 12 months, for the acts specified in Clause 6 of this Article;
+ Forfeiting the right to use the certificate of eligibility for pharmacy business or suspending business operations for establishments engaged in non-commercial pharmacy activities for a period of from 01 month to 03 months for the acts specified in Clause 1 of this Article. at point a, clause 5 of this article.
Can illegal abortion in Vietnam go to jail?
Currently, the Criminal Law only prosecutes those who perform illegal abortions for others. There is no provision for criminal prosecution of mothers who have abortions.
Pursuant to Article 316 of the 2015 Penal Code (amended by Clause 118, Article 1 of the Law on Amending the Penal Code 2017), the criminal penalties for those who perform illegal abortions for others are as follows:
- Those who illegally perform abortions for other people in one of the following circumstances shall be sentenced to non-custodial reform for up to 03 years or a prison term of between 01 and 03 years:
+ Causing death;
+ Causing harm to the health of 1 person with an injury rate of 61% or more;
+ Causing harm to the health of 02 or more people with a total injury rate of between 61% and 121%;
+ Having been disciplined, administratively sanctioned for this act or convicted for this crime, not yet entitled to criminal record remission but continue to commit it.
- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
+ Killing 02 people;
+ Causing harm to the health of 02 or more people whose total injury rate is from 122% to 200%.
- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
+ Causing death of 03 people or more;
+ Causing harm to the health of 3 or more people with a total injury rate of 201% or more.
- Offenders may also be subject to a fine of between VND 5,000,000 and 50,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
Accordingly, the act of illegal abortion in Vietnam for others can be punished by up to 7 years in prison. In addition, they will be fined and banned from holding certain posts, practicing certain professions or doing certain jobs from 1 to 5 years.
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