Can a 16-year-old get an abortion on her own in Vietnam? Is it illegal for persons who are 16 years of age to have an abortion in Vietnam?

Can a 16-year-old get an abortion on her own in Vietnam?

In Article 21 of the 2015 Civil Code, minors are as follows:

1. Minors are persons who are under eighteen years of age.

2. Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.

3. Each person who is from six to under eighteen years of age must have the consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.

4. Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to the consent of his/her legal representative.

According to Article 20 of the 2015 Civil Code, adults are as follows:

1. Adults are persons who are eighteen years of age or older.

2. Each adult shall have full legal capacity, except for the cases prescribed in Articles 22, 23 and 24 of this Code.

Pursuant to Article 19 of the 2015 Civil Code stipulates legal capacity of natural persons as follows:

The legal capacity of a natural person is his/her capability to establish and exercise civil rights and perform civil obligations through his/her acts.

Thus, according to the above regulations in Vienam, persons who are eighteen years of age or older are citizens who have full awareness of their acts and are responsible for them, so persons who are eighteen years of age or older can get an abortion without anyone's consent. 

But in your case, you are only 16 years old and 16 years old is a minor in Vietnam. A minor when performing a civil transaction (abortion is also considered a civil transaction) must have the consent of the legal representative. Therefore, you cannot go for an abortion on your own because abortion is also a matter of luck, having a loved one with you will be more secure.

Is it illegal for persons who are 16 years of age to have an abortion in Vietnam? 

In Article 10 of Decree 104/2003/ND-CP, to strictly prohibit acts of selecting fetus gender, including:

1. Propagating, disseminating methods of fetus gender creation in 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 fetus gender creation methods.

2. Diagnosing to select fetus gender by methods of determination thereof via symptoms, pulse feeling; blood, gene, amniotic fluid, cell tests; ultrasonics,...

3. Getting rid of fetuses for reason of gender selection by methods of abortion, supply and use of assorted chemicals, drugs and other measures.

According to Clause 5, Clause 6 and Clause 7, Article 100 of Decree 11/2020/ND-CP stipulates sex-selective abortion as follows:

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.

Pursuant to Article 316 of the 2015 Penal Code as amended by Article 1 of the 2017 Penal Code Amendment Law, illegal abortion is as follows:

1. 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.

Currently, there is no regulation that it is illegal for a 16-year-old or any woman of any age to want to have an abortion. Abortion is a person's choice and a woman has a right to it. Vietnamese law only has provisions for sanctioning people who have abortions for other people but for gender selection purposes. 

According to this Article, if you are only 16 years old, but you choose to have an abortion, you are not breaking the law in Vietnam. Unless you have an abortion for sex selection, the person performing the abortion act for you will be administratively sanctioned or prosecuted for criminal liability (depending on the severity of the act).

Best Regards!