What are the fines for selecting fetus gender in Vietnam?

What are prohibited acts of selecting fetus gender in Vietnam?

Pursuant to Article 10 of the Decree 104/2003/NĐ-CP, strictly prohibit acts of selecting fetus gender, including:

- 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.

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

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

Is abortion against the law in Vietnam?

Pursuant to Part 8 of the National guidelines on reproductive health care services issued together with Decision 4128/QD-BYT in 2016 guiding on safe abortion as follows:

Abortion is the proactive use of different methods to terminate an intrauterine pregnancy up to 22 weeks of age.

Pursuant 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:

The rights of women to be served medical examination and treatment of gynaecological diseases and abortion

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.

Pursuant to Clause 3 Article 10 of the Decree 104/2003/NĐ-CP, strictly prohibit acts of selecting fetus gender, including:

...

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

As regulations above, abortion upon women's wishes is not against the law in Vietnam.

However, it is against the law for abortion of an intrauterine pregnancy of above 22 weeks of age and abortion for reason of gender selection.

What are the fines for selecting fetus gender in Vietnam?

Pursuant to Article 100 of the Decree 117/2020/NĐ-CP stipulating sex-selective abortion 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 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.

Besides, the act of providing chemicals and drugs to eliminate the fetus knowing clearly that the pregnant person wants to eliminate the fetus for sex selection reasons shall lead to revocation of the certificate of eligibility for pharmaceutical business or suspension of business operations for establishments with non-commercial pharmaceutical activities for a period of 01 month to 03 months.

Note: The above fine level applies to individuals. For the same act of administrative violation, the fine level for organizations is equal to 02 times the fine level for individuals (Clause 5, Article 4, Decree 117/2020/ND-CP).

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