Chương 1: Pháp lệnh dân số năm 2003 Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation and subjects of application

1. This Ordinance provides for the population size, population structure, population distribution, population quality, and measures to perform the population work and the State management over population.

2. This Ordinance shall apply to State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people’s armed force units and all Vietnamese citizens (hereinafter referred collectively to as agencies, organizations and individuals); foreign organizations operating in the territory of Vietnam and foreigners permanently residing in the territory of Vietnam, unless otherwise prescribed by the international agreements which Vietnam has signed or acceded to.

Article 2.- Principles of the population work

1. To protect the legitimate rights and interests of agencies, organizations and individuals in the population field in conformity with socio-economic development, the quality of life of individuals, families and the entire society.

2. To guarantee the initiative, voluntariness and equality of each individual and family in birth control, reproductive health care, selection of residential places, and application of measures to raise the population quality.

3. To harmonize the rights and interests of individuals and families with the interests of communities and the whole society; to build families with few children, which are prosperous, equal, progressive, happy and sustainable.

Article 3.- Interpretation of terms

In this Ordinance, the following words and phrases are construed as follows:

1. Population means an aggregation of people living in a country, a region, a geo-economic area or an administrative unit.

2. Population size means the number of people living in a country, a region, a geo-economic area or an administrative unit at a certain time.

3. Population structure means the total population classified by gender, age, ethnicity, educational level, profession, marital status and other characteristics.

4. Aged population structure means a population where the aged represent a high proportion.

5. Population distribution means the distribution of the total population by region, geo-economic area or administrative unit.

6. Population quality means the reflection of physical, intellectual and spiritual characteristics of the entire population.

7. Migration means the movement of population from one country to another for residence, from one administrative unit to another for residence.

8. Reproductive health means the demonstration of physical, spiritual and social states related to the reproductive activity and function of each person.

9. Family planning means the State’s and society’s efforts to enable every individual and couple to actively and voluntarily decide on the number of children, the time to have babies and the duration between child births in order to protect their health and raise their children with a sense of responsibility and in conformity with social standards and families’ living conditions.

10. Population work means the management and organization of implementation of activities affecting the population size, population structure, population distribution and raising the population quality.

11. Human development indexes are general data used for evaluating the level of human development, determined through average life expectancy, educational level and average per capita income.

12. The replacement birth rate means the average birth rate in the whole society, thereby each couple should have two children.

13. Population services means activities in service of the population work, including information supply, propagation, education, mobilization, guidance and counseling on population (hereinafter referred collectively to as propagation and counseling); provision of measures for reproductive healthcare, family planning, raising the population quality, and other activities as prescribed by law.

14. Population registration means the collection and updating of basic population-related information on each inhabitant according to each period of time.

15. The national database on population means a system of information collected through population registration of all inhabitants, and set up on the computerized network.

Article 4.- Rights and obligations of citizens regarding the population work

1. Citizens shall have the following rights:

a/ To be supplied with information on population;

b/ To be provided with quality, convenient, safe and secret population services as prescribed by law;

c/ To select measures to take care of reproductive health, practice family planning, and raise the population quality;

d/ To select appropriate residential places according to law provisions;

2. Citizens shall have the following obligations:

a/ To practice family planning; build families with few children, which are prosperous, equal, progressive, happy and sustainable;

b/ To take appropriate measures to raise the physical, intellectual and spiritual abilities of their own and of their family members;

c/ To respect the interests of the State, society and community in readjusting the population size, population structure, population distribution, and raising the population quality;

d/ To abide by the provisions of this Ordinance and other law provisions pertaining to the population work.

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

1. The State shall adopt policies and measures to carry out the population work, socialize the population work, ensure favorable conditions for the population work in compatibility with the national socio-economic development.

2. The State shall adopt policies to encourage organizations and individuals to invest in, cooperate on, assist and support the reproductive health care and family planning and population quality improvement programs, give priority to the poor, ethnic minority people as well as areas with exceptionally difficult socio-economic conditions and areas with difficult socio-economic conditions.

3. The State management agencies in charge of population shall have to direct the implementation of the population work, coordinate with Vietnam Fatherland Front and its member organizations in implementing the population work, inspecting and supervising the implementation of the population legislation.

4. Agencies and organizations shall, within the scope of their respective tasks and powers, have to:

a/ Integrate population elements into the socio-economic development planning, plans and policies;

b/ Propagate and campaign for the implementation of the population work;

c/ Provide various population services;

d/ Organize the implementation of the population legislation within their own agencies and organizations.

Article 6.- Responsibilities of Vietnam Fatherland Front and mass organizations in the population work

Vietnam Fatherland Front and mass organizations shall have to:

1. Contribute comments on the formulation of population policies, plannings and plans, and legal documents on population;

2. Organize the population work in their respective systems;

3. Propagate among their members and mobilize them to implement the population legislation.

4. Supervise the implementation of the population legislation.

Article 7.- Prohibited acts

The following acts are strictly prohibited:

1. Obstructing or forcing the practice of family planning;

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

3. Producing, dealing in, importing and supplying contraceptive devices which are faked, fail to satisfy quality standards, have their use duration expired, or have not yet been permitted for circulation;

4. Illegally migrating and residing;

5. Propagating, disseminating or issuing information contrary to the population policy, fine national ethics, adversely affecting the population work and social life;

6. Human cloning.