Vietnam: Can a pregnant woman abort because of the predicted sex of her infant by abortion methods?
- Can a pregnant woman in Vietnam abort because of the predicted sex of her infant by abortion methods?
- Shall entities committing abortion because of the predicted sex of infants face administrative penalties in Vietnam?
- Shall entities illegally performing abortions face imprisonment penalties in Vietnam?
Can a pregnant woman in Vietnam abort because of the predicted sex of her infant by abortion methods?
Pursuant to the provisions of Clause 3, Article 10 of Decree 104/2003/ND-CP on strictly prohibited acts of selecting infant gender as follows:
Strictly prohibited acts of selecting infant gender, including:
1. Propagating, and disseminating methods of infant gender creation in the forms of organized talks, writings, translation, photocopying of books, newspapers, documents, pictures, photos, recorded videos, recorded audio tapes; storing, circulating documents, means and other forms of propagation and dissemination of infant gender creation methods.
2. Diagnosing to select infant gender by methods of determination thereof via symptoms, pulse feeling; blood, gene, amniotic fluid, cell tests; ultrasonics,...
3. Aborting because of the predicted sex of infants by methods of abortion, supply, and use of assorted chemicals, drugs, and other measures.
Thus, getting rid of an infant because of the predicted sex of the one by abortion methods is a prohibited act according to the law. Therefore, a pregnant woman in Vietnam is not allowed to abort because of the predicted sex of her infant by abortion methods.
Shall entities committing abortion because of the predicted sex of infants face administrative penalties in Vietnam?
Entities committing abortion because of the predicted sex of infants in Vietnam will face administrative penalties according to the provisions of 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 voluntarily deciding to have an abortion because of the predicted sex of the infant.
- A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for persuading or inciting a pregnant woman to have an abortion because of the predicted sex of the infant.
- A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for threatening to use violence or mentally intimidating a pregnant woman into an abortion because of the predicted sex of the infant.
- A fine ranging from VND 10.000.000 to VND 12.000.000 shall be imposed for using violence to force a pregnant woman to have an abortion because of the predicted sex of the infant.
- A fine ranging from VND 12.000.000 to VND 15.000.000 shall be imposed for the commission of one of the following violations:
+ Providing chemicals and drugs for aborting the pregnancy in the knowledge that the abortion is sex-selective;
+ Prescribing for or instructing the use of chemicals and drugs or other measures for aborting the pregnancy in the knowledge that the abortion is sex-selective.
- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for performing an abortion in the knowledge that the abortion is sex-selective.
Accordingly, the above fine is applicable to individuals.
For organizations, the fine shall be doubled as prescribed in Clause 5, Article 4 of Decree 117/2020/ND-CP.
Besides, the following additional penalties may be imposed on entities committing abortion because of the predicted sex of infants in Vietnam:
- The license for medical operations and/or practicing certificate shall be suspended for a fixed period of 03 - 06 months in case of commission of the violation in Clause 5 of Article 100 of Decree 117/2020/ND-CP.
-The license for medical operations and/or practicing certificate shall be suspended for a fixed period of 06 - 12 months in case of commission of the violation in Clause 6 of Article 100 of Decree 117/2020/ND-CP.
- The certificate of eligibility for pharmacy business or operations of the violating non-commercial pharmacy business establishment shall be suspended for a fixed period of 01 – 03 months in case of commission of the violation in Point a Clause 5 of Article 100, Decree 117/2020/ND-CP.
Shall entities illegally performing abortions face imprisonment penalties in Vietnam?
Pursuant to the provisions of Article 316 of the 2015 Criminal Code as amended by Clause 118, Article 1 of the 2017 Law on Amendments to Penal Code as follows:
Illegal abortion
Any person who illegally performs an abortion on another person in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 01 - 03 years' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person;
d) The offender has incurred a disciplinary or administrative penalty for the same offence or has an unspent conviction for the same offence .
2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence results in the death of 02 people;
b) The offence causes a total WPI of 122% - 200% for more than one person.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI ≥ 201% for ≥ 03 people.
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, entities illegally performing abortions on other persons can face a maximum imprisonment penalty of 15 years. In addition, the offenders may also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
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