Is abortion against the law in Vietnam?
Is abortion against the law in Vietnam? In which cases are allowed to carry out abortion in Vietnam? What are regulations on leave period upon miscarriage, abortion, stillbirth or pathological abortion in Vietnam?
Hello Lawnet. My husband and I are both teachers. We have two young children. Due to some errors in using birth control, I am currently in my second month of pregnancy. However, as a civil servant, it is difficult for me to have one more baby. If I have an abortion, will it be against the law? What are the conditions for me to have an abortion?
Thank you!
Is abortion against the law in Vietnam?
Pursaunt to Article 44 of the Law on Protection for People's Health in 1989 stipulating the rights of women to be served medical examination and treatment of gynaecological diseases and abortion as follows:
1 - Women have the right of abortion according to expectations, to be served the medical examination and treatment of gynaecological diseases, to be monitored the health during pregnancy, to be served medicare as childbearing in the health facilities.
2 – The Ministry of Health is responsible for strengthening and development of networks of neonatal and obstetric specialty in the medical facilities to ensure health services for women.
3 - Strictly prohibit medical facilities and individuals to do the abortion operation, to remove the IUD without permits issued by the Ministry of Health or Health Department level.
As regulations above, women have the right of abortion according to their expectations.
Therefore, abortion is not against the law in Vietnam.
In which cases are allowed to carry out abortion in Vietnam?
As prescribed in the list of techniques applied in telemedicine consultation issued together with Decision 4128/QD-BYT in 2020, abortion is promulgated as follows:
|
|
|
E. ABORTION |
|
237. |
229 |
Medical abortion for gestational age up to the end of 9 weeks |
|
238. |
230 |
Abortion of large fetus from 13 weeks to 22 weeks by water bag method |
|
239. |
231 |
Phá thai bằng thuốc cho tuổi thai đến hết 8 tuần |
|
240. |
232 |
Medical abortion for gestational age up to the end of 8 weeks |
|
241. |
233 |
Abortion by dilating and picking from the 13th week to the end of the 18th week |
|
242. |
234 |
Pathological abortion (maternal pathology, fetal pathology) |
|
243. |
235 |
Abortion of a patient with a scar from an old cesarean section |
|
244. |
236 |
Laparoscopic controlled abortion |
|
245. |
237 |
Aspiration under ultrasound |
|
246. |
238 |
Abortion from 6 weeks to the end of 12 weeks by vacuum method |
|
247. |
239 |
Medical abortion for gestational age up to 7 weeks |
|
248. |
240 |
Aspiration + Sterilization through small incision |
|
249. |
241 |
Abortion until the end of 7 weeks by vacuum suction method |
Pursuant to Article 100 of the Decree 117/2020/NĐ-CP stipulating administrative fines for sex-selective abortion as follows:
Article 100. Sex-selective abortion
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;
...
In order to perform an abortion, it is necessary to meet the gestational age regulation corresponding to the type of abortion technique and not fall under the act of abortion for reasons of sex selection.
What are regulations on leave period upon miscarriage, abortion, stillbirth or pathological abortion in Vietnam?
Pursuant to Article 33 of the Law on Social Insurance in 2014 stipulating leave period upon miscarriage, abortion, stillbirth or pathological abortion in Vietnam 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.
Above are regulations on leave period upon miscarriage, abortion, stillbirth or pathological abortion in Vietnam.
Best regards!
