Chương 1 Nghị định 104/2003/NĐ-CP Hướng dẫn Pháp lệnh Dân số: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

This Decree details and guides the implementation of a number of articles of the Population Ordinance regarding the population size, population structure, population quality, measures to realize the population work and organize the implementation of population work.

Article 2.- Objects of application

This Decree applies to the State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people’s armed force units and all Vietnamese citizens; foreign organizations operating in Vietnam, foreigners permanently residing in Vietnam (hereinafter referred collectively to as agencies, organizations, individuals), except otherwise provided for by international treaties which the Socialist Republic of Vietnam has signed or acceded to.

Article 3.- Interpretation of terms

In this Decree, the terms and phrases below shall be construed as follows:

1. Foreigners permanently residing in Vietnam mean foreign nationals and Stateless persons, who permanently reside, work and earn their living in Vietnam.

2. The size of family with few children means each couple has one child or two children.

3. Population size regulation means the quantitative change in the population of a country, a region, a geo-economic zone or an administrative unit.

4. Population consultancy means the comments, analysis, guidance for agencies, organizations and individuals to correctly understand the population information so as to implement the population work properly.

Article 4.- Objectives of the population policy

The objectives of the population policy are to maintain that each couple has one child or two children in order to stabilize the population size, ensure the population structure and rational population distribution, to raise the population quality.

Article 5.- Responsibilities of agencies and organizations in the population work

Agencies and organizations shall, within the scope of their respective tasks and powers, have the responsibilities:

1. To organize the implementation of the legislation on population:

a) Elaborating and organizing the implementation of regulations, charters or other proper forms in accordance with law provisions so as to attain the objectives of the population policy.

b) Organizing the application of measures suitable to their conditions; creating conditions and providing means and funding support for their members to implement the population work.

c) Creating conditions for their members to implement their regulations, charters or other rules; the village codes or conventions of communities on population.

d) Including the population work norms into their routine activity plans.

e) Examining, evaluating, making preliminary and sum-up reviews of the materialization of the objectives of the population policy.

2. To create conditions for individuals, family members to implement the population policy:

a) Providing information on, propagating, campaigning for, and education in, population.

b) Providing diversified, quality, convenient and safe population services directly to people.

3. To incorporate population elements in socio-economic development plannings, plans and programs.

4. To socialize the population work.

Article 6.- Responsibilities of individuals, family members in implementing the population policy

1. To materialize the objectives of the population policy on the basis of the standards on families with few children, with abundant, equitable, progressive, happy and sustainable life.

2. To create conditions to help individuals attain the objectives of the population policy suitable to their age groups, health conditions, study and labor conditions, work, income, child raising and education, in line with the socio-economic development programs and plans of localities and the State.

3. To implement the legislation and policies on population; regulations, charters or other rules of agencies, organizations; conventions, village codes of communities.

Article 7.- Information on population

Population information shall cover the following principal contents:

1. Knowledge about population, reproductive health, family planning, gender equality, hereditary diseases, measures to raise the population quality.

2. Contents and measures of regulating the population size, structure, raising the population quality and distribution of population.

3. Rights and responsibilities of individuals and family members in implementing the population policy.

4. Other population-related contents.

Article 8.- Assorted population services

Assorted population services include:

1. The supply of information, data; means and products in service of the work of propagating, campaigning for, educating in, and counseling on, population.

2. Provision of contraceptive means; reproductive healthcare service, family planning; health check before marriage registration; examination of diseases and health problems related to hereditary elements, called hereditary diseases for short.

3. Population quality-raising services.

4. Other population services as provided for by law.

Article 9.- To strictly prohibit acts of obstructing, forcing the implementation of family planning, including:

1. Intimidating, infringing upon the honor, dignity; infringing upon the bodies of persons who apply contraceptive measures, persons who give birth only to boys or only to girls.

2. Coercing, imposing to apply measures for contraception, child bearing, pre-mature birth, close childbirth intervals, giving birth to many children, giving birth only to boys, giving birth only to girls.

3. Causing difficulties to persons who voluntarily apply contraceptive measures.

Article 10.- To strictly prohibit acts of selecting fetus gender, including:

1. 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.

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

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

Article 11.- To strictly prohibit the production, trading, import and supply of a number of contraceptives, including:

1. Contraceptives incompatible with quality standards and goods labels under the current law provisions.

2. Low-quality contraceptives as concluded in writing by competent bodies through quality inspection and expertise.

3. Contraceptives with expired use dates inscribed on products, product packages or those with use dates not yet expired but already notified by competent bodies for not continuing to use them.

4. Contraceptives not yet permitted by competent State bodies for circulation in Vietnam.

Article 12.- To strictly prohibit a number of acts of propagating, disseminating information on population, including:

1. Propagating and disseminating information on population in contravention of the Party’s lines and policies and the State’s laws.

2. Propagating and disseminating information on population inaccurately, untruthfully, causing adverse impacts on the implementation of the population work, social life and other fields.

3. Abusing the propagation and dissemination of information on population, reproductive health and/or family planning to distribute documents and/or articles, or committing other acts contrary to fine customs, practices and social ethics.