Summary of violations against regulations on population in Vietnam

Summary of violations against regulations on population in Vietnam (Internet image)

Summary of violations against regulations on population in Vietnam

Currently, the violations against regulations on population in Vietnam are specified in Decree 117/2020/ND-CP specifically:

Violations against regulations on dissemination of information and counseling on population, reproductive health and birth control

- A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed for obstructing the dissemination and provision of information and counseling on population, reproductive health and birth control.

- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

+ Disseminating or providing information that is contrary to the Communist Party’s guidelines and policies, State law or elegant traditional heritages, or adversely affects the performance of population tasks and social life;

+ Disseminating information that is false or inaccurate or adversely affects the performance of population tasks, social life or other sectors;

+ Taking advantage of propagation activities and dissemination of information on population, reproductive health and birth control for disseminating documents/objects or performing other acts contrary to traditional customs and habits, and social ethics.

- Additional penalty:

The exhibits, including documents and objects containing violating information, of the violation in Clause 2, Article 96 of Decree 117/2020/ND-CP shall be confiscated.

- Remedial measures:

+ The exhibits used for committing the violation in Clause 2 of Article 96 of Decree 117/2020/ND-CP shall be destroyed;

+ The violating entity is compelled to correct any information that is contrary to the Communist Party’s guidelines and policies, and State law on population in case of commission of the violation in Clause 2 of Article 96 of Decree 117/2020/ND-CP.

Violations against regulations on dissemination of information and counseling on sex selection methods

- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

+ Disseminating information on sex selection methods;

+ Providing counseling on sex selection methods.

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

+ Selling, leasing, delivering or publishing on the internet publications or articles containing information on sex selection methods;

+ Publishing or broadcasting information on sex selection methods.

- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for translating, producing, printing, releasing, duplicating or photocopying publications or articles containing information on sex selection methods.

- Additional penalty:

The exhibits, including publications, articles and documents used for propagation and information dissemination activities, of the violation in Clause 1, 2 or 3 of Article 97 of Decree 117/2020/ND-CP shall be confiscated.

- Remedial measure:

Violating elements must be removed in case of commission of the violation in Point a Clause 1 or Point b Clause 2 of Article 97 of Decree 117/2020/ND-CP. If violating elements cannot be removed, products shall be destroyed.

Violations against regulations on fetal sex diagnosis and determination

- 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.

- 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.

- 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 Article 98 of Decree 117/2020/ND-CP.

Violations against regulations on sex selection

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for threatening to use violence or mentally intimidating a person into adopting sex selection methods.

- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for using violence to force a person to adopt sex selection methods.

- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

+ Prescribing or instructing a person to use drugs for selecting fetal sex;

+ Providing tools, drugs and supplies for selecting fetal sex;

+ Doing research on sex selection methods, unless otherwise prescribed by law.

- Additional penalties:

+ Operations of the violating entity shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Clause 3 of Article 99 of Decree 117/2020/ND-CP;

+ The medical examination and treatment practicing certificate shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Clause 3 of Article 99 of Decree 117/2020/ND-CP.

- Remedial measure:

Tools, drugs and supplies involving in the violation in Point b Clause 3 of Article 99 of Decree 117/2020/ND-CP shall be destroyed.

The act of sex-selective abortion in Vietnam

- 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.

- Additional penalties:

+ 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 Article 100 of Decree 117/2020/ND-CP;

+ 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 Article 100 of Decree 117/2020/ND-CP;

 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 Article 100 of Decree 117/2020/ND-CP.

Violations against regulations on forced birth control in Vietnam

- A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed for commission of one of the following violations:

+ Failing to provide free of charge contraceptives for individuals who are eligible as prescribed by law and have registered for free-of-charge receipt of contraceptives;

+ Having or performing words or acts that offend the honor or dignity of persons adopting contraceptive methods or persons who only give birth to boys or girls.

- A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for threatening to use violence or mentally intimidating others into using contraceptive methods.

- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

+ Threatening to use violence or mentally intimidating others into not using or stopping using contraceptive methods;

+ Threatening to use violence or mentally intimidating a woman who has only given birth to boys or girls into conceiving or giving birth.

- A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for using violence to force others to use contraceptive methods.

- A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

+ Inserting intrauterine devices, injecting or implanting contraceptive without the user’s consent;

+ Using violence to force others not to use or to stop using contraceptive methods;

+ Using violence to force a woman who has only given birth to boys or girls into conceiving or giving birth.

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for performing sterilization procedure for a person without his/her consent.

- Additional penalty:

The license for medical operations and/or medical examination and treatment practicing certificate shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Clause 6 of Article 101 of Decree 117/2020/ND-CP.

- Remedial measure:

Intrauterine devices/implanted contraceptives shall be removed in case of commission of the violation in Point a Clause 5 of Article 101 of Decree 117/2020/ND-CP.

Violations against regulations on sale of contraceptives in Vietnam

- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for selling contraceptives which must be provided free of charge as prescribed by competent authorities.

- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for selling contraceptives at prices higher than those fixed by competent authorities.

- Additional penalty:

The exhibits that are contraceptives in the violation in Clause 1 of Article 102 of Decree 117/2020/ND-CP shall be confiscated.

- Remedial measure:

The entity committing the violation in Clause 1 or Clause 2 of Article 102 of Decree 117/2020/ND-CP is compelled to return any amounts of money collected against regulations of law. The amounts of money which cannot be returned to payers shall be paid to state budget in accordance with regulations of law.

Duong Chau Thanh

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