In Vietnam, is it illegal to abort pregnancy?

In Vietnam, is it illegal to abort pregnancy?

Pursuant to Clause 1, Article 44 of the Law on People's Heath 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.

Pursuant to Clause 2, Article 7 of the Population Ordinance in 2003 guided by Clause 3, Article 10 of the Decree 104/2003/NĐ-CP stipulating as follows:

Article 7. Prohibited acts:

The following acts are strictly prohibited:

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

Article 10. To 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.

Therefore, the Law of Vietnam allows women to have abortion; however, it strictly prohibits having abortion to select fetus gender.

In addition, as prescribed in Section 8 of the Decision 4128/QĐ-BYT in 2016 on approval on document "Guidelines on caring reproduction health" issued by Ministry of Health stipulating that all abortions of over 22 weeks old fetus are illegal.

As regulation above, all abortions of over 22 weeks old fetus, abortion to select fetus gender are strictly prohibited. The law only allows to have abortion of under 22 weeks old fetus if all requirements of health condition, technique, facilities, etc are met.

In conclusion, if you don't commit violations as prescribed and your fetus is only 8 weeks old, you can have abortion.

What are the penalties for illegal abortion?

Pursuant to Article 100 of the Degree 117/2020/ND-CP stipulating penalties for abortion to select fetus gender 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.

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