Can a doctor refuse to diagnose fetus gender in Vietnam? What are penalties for diagnosing fetus gender in Vietnam?

Can a doctor refuse to diagnose fetus gender in Vietnam?

Article 7 of the 2003 Population Ordinance stipulates strictly prohibited acts, accordingly:

The following acts are strictly prohibited:

1. Obstructing or forcing the practice of family planning;

2. Selecting the gender of unborn babies in any form;

3. Producing, dealing in, importing and supplying contraceptive devices which are faked, fail to satisfy quality standards, have their use duration expired, or have not yet been permitted for circulation;

4. Illegally migrating and residing;

5. Propagating, disseminating or issuing information contrary to the population policy, fine national ethics, adversely affecting the population work and social life;

6. Human cloning.

In addition, 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 this Article, the act of applying ultrasonics to diagnose fetal gender is considered a violation of the law in Vietnam. The doctor's refusal to comply with your request is in accordance with the regulations.

Can a doctor refuse to diagnose fetus gender in Vietnam? What are penalties for diagnosing fetus gender in Vietnam? (Image from the Internet)

What are penalties for diagnosing fetus gender in Vietnam?

According to Article 98 of Decree 117/2020/ND-CP regulating violations against regulations on fetal sex diagnosis and determination, as follows:

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for determining fetal sex by means of fortune-telling.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for checking the pulse, giving ultrasound scan or performing tests for pregnant women for diagnosing and revealing/providing information on fetal sex, unless otherwise prescribed by law.

3. Additional penalty:

The license for medical operations and/or practicing certificate shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Clause 2 of this Article.

In addition, in Clause 5, Article 4, Decree 117/2020/ND-CP has the following provisions:

5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.

According to this Article, a doctor who diagnoses the gender of the fetus in Vietnam will be fined 5,000,000 to 10,000,000 VND, and for organizations, it will be 10,000,000 to 20,000,000 VND.

In addition, additional sanctions will be applied such as revocation of the right to use the operating license and practice certificate for a period of 01 to 03 months in Vietnam.

What is medical criteria for identifying congenital sex defects in Vietnam?

Pursuant to Article 5 of Decree 88/2008/ND-CP regulating medical criteria for identifying congenital sex defects, accordingly:

1. Male pseudohermaphroditism:

a/The genitalia have a small penis, testis can or cannot be touched but can be seen by ultrasound or endoscope, there is no uterus nor ovary.

b/ The sex chromosome is XY or the testis differentiation gene is tested positive or both.

2. Female pseudohermaphroditism:

a/ The genitals have an enlarged clitoris resembling a penis but testis cannot be touched, and the uterus and ovary but non testis can be seen by ultrasound or endoscope.

b/The sex chromosome is XX.

3. True hermaphroditism:

a/ The genitalia are indistinguishable as male or female. The gonads have both testis and ovary.

b/ The sex chron some can be any of th forms: XX/YY; XXX/XY; XX/XXXY or other forms of chromosome already identified as true harmaphioditism

Thus, determination of congenital sex defects according to the above criteria is prescribed by law in Vietnam.

Best regards!