Is abortion eligible for health insurance benefits in Vietnam?

Is abortion eligible for health insurance benefits in Vietnam?

Pursuan to Article 23 of the Law on Health Insurance in 2008 (amended by Clause 16 Article 1 of the Law on amendments to some articles of the Law on Health insurance in 2014) stipulating cases not eligible for health insurance benefits as follows:

1. Cases specified in Clause 1 of Article 21 in which costs have been paid by the state budget.

2. Convalescence at sanatoria or convalescence establishments.

3. Medical check-up.

4. Prenatal tests and diagnosis for non-treatment purposes.

5. Use of obstetric supportive techniques, family planning services or abortion services, except for cases of discontinuation of pregnancy due to fetal or maternal diseases.

6. Use of aesthetic services.

7. Treatment of squint, myopia and eye refraction defect except for the children under age 6.

8. Use of prostheses including artificial limbs, eyes, teeth, glasses, hearing aids or movement aids in medical examination, treatment and function rehabilitation.

9. Medical examination, treatment and functional rehabilitation in case of disasters.

10. Medical examination and treatment in case of suicide or self-inflicted injuries.

11. Medical examination and treatment for addiction to drugs, alcohol or other habit-forming substances.

12. Medical examination and treatment of physical or mental injuries caused by the injured’s law-breaking acts.

13. Medical assessment, forensic examination, forensic mental examination.

14. Participation in clinical trials or scientific research.

As regulations above, abortion is not eligible for health insurance benefits in Vietnam, except for cases of discontinuation of pregnancy due to fetal or maternal diseases.

In Vietnam: Are female employees joining compulsory social insurance eligible for benefits when carrying out abortion?

Pursuan to Article 33 of the Law on Social Insurance in 2014 stipulating leave period upon miscarriage, abortion, stillbirth or pathological abortion as follows:

1. When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

a/ 10 days, for pregnancy of under 5 weeks;

b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks; c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks; d/ 50 days, for pregnancy of 25 weeks or more.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

As regulations above, social insurance shall only cover for case of pathological abortion. Abortion is not eligbile for social insurance.

What are administrative fines for sex-selective abortion in Vietnam?

Pursuan to Article 100 of the Decree 117/2020/NĐ-CP stipulating administrative fines for sex-selective abortion in Vietnam as follows:

1. 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.

2. 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.

3. 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.

4. 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.

5. A fine ranging from VND 12.000.000 to VND 15.000.000 shall be imposed for commission of one of the following violations:

a) Providing chemicals and drugs for aborting the pregnancy in the knowledge that the abortion is sex-selective;

b) 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.

6. 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.

7. Additional penalties:

a) 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 this Article;

b) 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 this Article;

c) 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 this Article.

Administrative fines shall be impoed based on details of each case.

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