Chương 2 Nghị định 104/2003/NĐ-CP Hướng dẫn Pháp lệnh Dân số: Quy mô dân số, cơ cấu dân số

Chapter II

POPULATION SIZE, POPULATION STRUCTURE

Section 1. POPULATION SIZE

Article 13.- Measures to adjust the population size

1. Elaborating, and organizing the implementation of, programs, projects and plans on socio-economic development, hunger elimination, poverty reduction, raising of people’s material and spiritual life, contributing to adjustment of the population size suitable to the socio-economic development in the new period.

2. Elaborating, and organizing the implementation of, programs, projects and plans on reproductive healthcare and/or family planning to build up families with few children, firmly maintain the rate of substituting births in order to stabilize the rational population size.

Article 14.- Objectives of productive healthcare, family planning

1. To ensure conditions for individuals and couples to attain the objectives of the population policy; women to give birth to children within the age bracket of twenty two and thirty five; to select the interval of three to five years between childbirths; to apply contraceptive methods suitable to the economic, health, psychological and other conditions of each individual, each couple.

2. To raise the health of people, particularly minors, pregnant women, nursing women; to reduce the morbidity and mortality rates among mothers and infants; to apply measures to prevent, combat and treat reproductively infectious diseases, sexually transmitted diseases, HIV/AIDS.

Article 15.- Reproductive health care and family planning measures

1. To propagate to and educate people in reproductive healthcare, family planning, particularly to propagate to and educate minors in reproductive healthcare.

2. To provide directly to people services on reproductive healthcare and family planning in a diversified, qualitative, convenient and safe manner.

3. To encourage material and spiritual incentives; to adopt social policies to step up the implementation of reproductive healthcare and family planning among people.

4. To raise the capability of organizing and implementing programs, projects and plans on reproductive healthcare and family planning.

5. To detect and handle in time acts of law violation in reproductive healthcare and family planning.

Article 16.- Contents of management of programs, projects and plans on reproductive healthcare, family planning

1. To implement programs, projects and plans according to assigned tasks.

2. To ensure the attainment of objectives, the performance of tasks, solutions and operations of programs, projects and plans.

3. To efficiently use the funding sources assigned for management.

4. To inspect, examine and evaluate the implementation of programs, projects and plans.

Article 17.- Rights and obligations of each couple, individual in the implementation of family planning

1. The rights and obligations of each couple, individual are inseparable from one another in the implementation of family planning. Each couple, individual shall have the responsibility to exercise their rights and fulfill their obligations towards the State and the society.

2. Each couple and individual shall have the rights:

a) To decide on childbirth time, the number of children and the interval between childbirths, which are suitable to the size of families with few children, the socio-economic development objectives and the population policy of the State in each period; suitable to age groups, to the health, study, labor, working, income and child raising and education conditions of the couples and individuals on the basis of equality.

b) To select and apply contraceptive measures suitable to economic, health, psychological and other conditions.

c) To be provided with information and services on family planning.

3. Each couple and individual shall have the obligations:

a) To adopt the size of families with few children- with one child or two children, with abundant, equal, progressive, happy and sustainable life.

b) To apply contraceptive measures, to practice family planning.

c) To respect the interests of the State, the society and communities and the legitimate interests of agencies and organizations in birth control and population size adjustment.

d) To observe the law provisions on population; the regulations, charters or other rules of agencies, organizations; conventions or village codes of communities on population and family planning.

e) To fulfill other obligations related to reproductive healthcare, family planning.

Article 18.- Forms of propagating, campaigning for, education and counseling on, population, reproductive health, family planning

1. Forms of propagating, campaigning for, education and counseling on, population, reproductive health and family planning shall include:

a) Propagating and campaigning on the mass media, Internet.

b) Providing direct propagation, mobilization and consultancy.

c) Organizing the teaching and learning thereof in educational establishments in the national education system.

2. Agencies, organizations and individuals that are assigned the propagating and counseling tasks shall have the responsibility to regularly propagate, campaign for, educate and counsel on, population, reproductive health and family planning for their members and the entire society.

Article 19.- Responsibilities of establishments providing services on reproductive healthcare, family planning

1. To provide consultancy to service users.

2. To observe the regulations on reproductive healthcare and family planning standards.

3. To ensure the quality of safe and convenient facilities, technical services.

4. To monitor and settle side-effects and complications caused to users (if any).

Article 20.- Forms of providing services on reproductive healthcare, family planning

1. To distribute on the basis of communities, to supply free of charge, to socially market, to sell freely at requests, contraceptive means of different kinds.

2. To employ the mobile technical teams, State-run medical establishments and private medical establishments to provide medically technical services under the provisions of law.

Article 21.- Conditions on contraceptive users and conditions on persons and establishments that provide family planning services

1. Conditions on contraceptives users:

a) To voluntarily use contraceptives.

b) To be knowledgeable and aware of contraceptive measures.

c) Having no medical contra-indications.

2. Conditions on persons and establishments that provide family planning services:

a) Persons who provide family planning services must have professional knowledge and skills suitable to each contraceptive measure according to the Health Ministry’s regulations.

b) Establishments which provide family planning services must satisfy all material conditions, hygiene, professional qualifications of their officials, equipment and facilities according to the Health Ministry’s regulations.

Section 2. POPULATION STRUCTURE

Article 22.- Social services on caring for aged people

1. Guiding, advising and assisting family members in performing the obligations to support, take care of and assist the aged people in their families.

2. Popularizing knowledge and skills to take care of aged people.

3. Providing services on nurture, medical examination and treatment, organization of activities and entertainment as well as other services for aged people.

4. The State encourages organizations and individuals to develop social services so as to take care of, assist, and promote the role of, the aged people.

Article 23.- Gender equality

1. Propagating the gender equality; eliminating all forms of gender discrimination; creating conditions for the female to take initiative in caring for their reproductive health, family planning and to enjoy equality in education, training, raising of their all-sided qualifications and participation in social activities; the male to practice family planning.

2. Eliminating all biases against young girls; protecting the legitimate rights and interests of young girls in daily-life activities, medical examination and treatment, learning, entertainment and recreation and all-sided development.

Article 24.- Protecting ethnic minorities

1. Expanding the propagation of, education in, and provision of services on, reproductive healthcare and family planning for ethnic minority people in deep-lying and remote regions, areas with difficult and particularly difficult socio-economic conditions.

2. Competent agencies and organizations shall prioritize investment in programs, projects and/or plans on reproductive healthcare and family planning for all ethnic minority people in deep-lying and remote regions, areas with difficult and particular difficult socio-economic conditions.

3. Adopting policies and measures for, providing assistance and material as well as spiritual support in, effecting reproductive healthcare and family planning and raising of life quality for people of ethnic minorities in deep-lying and remote regions, areas with difficult and particularly difficult socio-economic conditions.