Is forcing a partner to have an abortion a criminal offense according to the law in Vietnam?

Is forcing a partner to have an abortion a criminal offense according to the law in Vietnam?

Currently, pursuant to Clause 7, Article 40 of the Gender Equality Law 2006, regulations on acts violating gender equality laws in the field of healthcare are as follows:

Acts violating gender equality laws in the fields of politics, economy, labor, education and training, science and technology, culture, information, sports, and healthcare

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7. Acts violating gender equality laws in the healthcare field include:

a) Obstructing, inciting, or forcing others not to participate in health education activities due to gender prejudice;

b) Selecting the sex of a fetus in any form or inciting, forcing others to have an abortion because of the fetus's gender.

Based on the above provision, the law currently does not have a specific sanction for the act of forcing others to have an abortion. It only prescribes penalties for acts of inciting or coercing others to have an abortion because of the fetus's gender.

However, abortion is an action that can harm a woman's health, so the act of inciting or coercing others to have an abortion may be subject to criminal liability for Intentional injury or harm to another person's health. Specifically:

According to Article 134 of the Criminal Code 2015 (amended 2017), an individual who intentionally causes injury or harm to the health of a woman known to be pregnant, with a bodily harm rate from 11% to 30%, or under 11% but falling under one of the cases in Clause 1, Article 134 of the Criminal Code 2015 (amended 2017), shall be subject to community sentence for up to 3 years or imprisonment from 6 months to 3 years.

Depending on the rate of bodily harm and the nature of the case, an individual who intentionally causes injury may be prosecuted for criminal liability with the corresponding penalty framework under Article 134 of the Criminal Code 2015.

Thus, with the act of forcing a girlfriend to have an abortion and causing harm to her health, one can be imprisoned for up to 3 years.

What are the cases of abortion prohibited by law in Vietnam?

(1) According to Article 44 of the Law on the Protection of People's Health 1989, the rights of women to undergo gynecological examinations, treatment, and abortion are as follows:

- Women have the right to abortion as desired, to gynecological examinations and treatments, to health monitoring during pregnancy, and to medical services during childbirth at healthcare facilities.

- The Ministry of Health is responsible for strengthening and developing the specialized obstetric and neonatal network to ensure healthcare services for women.

- It is strictly forbidden for healthcare facilities and individuals to perform abortion procedures without a permit granted by the Ministry of Health or the Department of Health.

(2) According to Clause 3, Article 10 of Decree 104/2003/ND-CP, the act of eliminating a fetus for gender selection reasons by abortion means, supplying, using chemicals, drugs, and other methods is strictly prohibited.

(3) In the List of technical application in specialties of Obstetrics and Gynecology on abortion issued together with Decision 4128/QD-BYT in 2020, include cases and methods accompanying abortion cases as follows:

- Medication abortion for fetuses up to 9 weeks of age;

- Large abortion from 13 weeks to 22 weeks by water bag method;

- Medication abortion for fetuses up to 8 weeks of age;

- Medication abortion for fetuses from 13 weeks to up to 22 weeks;

- Abortion by dilation and evacuation from the 13th week to the end of the 18th week;

- Pathological abortion (mother's pathology, fetus pathology);

- Abortion for patients with a history of caesarean section;

- Vacuum aspiration abortion from the 6th to the end of the 12th week;

- Medication abortion for fetuses up to 7 weeks of age;

- Vacuum aspiration abortion up to 7 weeks of age.

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