Chương 2: Pháp lệnh dân số năm 2003 Quy mô, cơ cấu dân số và phân bố dân cư

Chapter II

POPULATION SIZE, STRUCTURE AND DISTRIBUTION

Section 1. POPULATION SIZE

Article 8.- Readjustment of the population size

1. The State shall readjust the population size compatible with the socio-economic development, natural resources and environment through socio-economic development, reproductive health care and family planning programs and projects so as to readjust the birth rate and stabilize the population size at a reasonable level.

2. Agencies and organizations shall, within the scope of their respective tasks and powers, be responsible for reproductive health care and family planning programs and projects. The People’s Councils and People’s Committees at all levels shall be responsible for reproductive health care and family planning programs and projects in their respective localities.

Article 9.- Family planning

1. Family planning constitutes a prime measure to readjust the birthrate, contributing to ensuring a prosperous, equitable, progressive and happy life.

2. Family planning-practicing measures include:

a/ Propagating, mobilizing and assisting, ensuring that each individual and couple to apply family planning actively and voluntarily;

b/ Providing quality, convenient and safe family planning services directly for people;

c/ Offering material and moral incentives, implementing insurance policies so as to create a motive force for pushing up extensive and intensive application of family planning among people.

3. The State shall support and create favorable conditions for the implementation of family planning programs and projects, giving priority to areas with exceptionally difficult socio-economic conditions or with difficult socio-economic conditions, to the poor, persons meeting with difficulties, and minors.

Article 10.- Rights and obligations of each couple or individual in the practice of family planning

1. Each couple or individual shall have the rights to:

a/ Decide on the time to have babies, the number of children and the duration between child births suitable to their age, health, study, laboring or working conditions, incomes, and raise their children on the basis of equality;

b/ Select and apply family planning measures.

2. Each couple and individual shall have the obligations to:

a/ Use methods of contraception;

b/ Protect their health, apply measures to prevent and avoid reproductively infectious diseases as well as sexually transmitted diseases, HIV/AIDS;

c/ Fulfill other obligations related to reproductive health care and family planning.

Article 11.- Propagating and counseling on family planning

1. The State management agencies in charge of population shall have to work out programs for, and contents of, propagation and counseling on family planning; coordinate with other agencies, organizations and individuals in organizing the propagation and counseling on family planning.

2. Agencies, organizations and individuals shall be entitled to receive information on, participate in propagating and counseling on, the practice of family planning.

3. The information and propagation agencies shall have to propagate and disseminate the legislation on population and family planning. The contents and forms of propagation must be suitable and easily understandable to each target group.

Article 12.- Provision of family planning services

1. The State shall encourage organizations and individuals to participate in producing, importing and supplying contraceptive devices and providing family planning services according to law provisions.

2. Organizations and individuals supplying contraceptive devices and providing family planning services shall have to ensure the quality of devices and services using safe and convenient techniques; monitor and remedy side-effects and undesirable incidents (if any) for users.

Section 2. POPULATION STRUCTURE

Article 13.- Readjustment of the population structure

1. The State shall readjust the population structure in order to ensure a reasonable population structure in terms of gender, age, educational level, profession and other characteristics; protect and create conditions for ethnic minority groups to develop.

2. The population structure shall be readjusted through socio-economic development programs and projects in the whole country and in each locality. The State shall adopt policies while agencies and organizations shall take measures to develop social services suitable to the aged population structure in future.

Article 14.- Ensuring a reasonable population structure

1. The State shall adopt necessary policies and measures to prevent the selection of unborn babies’ gender so as to ensure gender equilibrium according to natural reproduction law; readjust the birth rate in order to have a reasonable age-gender population structure.

2. The State shall implement socio-economic development, scientific and technical, vocational training and labor employment policies suitable to the gender, age, ethnicity and socio-economic development in each locality.

3. Agencies and organizations responsible for formulating socio-economic development policies and plans shall have to ensure balances in gender, age and production and business lines in each region, each eco-geographical area and each administrative unit.

Article 15.- Protection of ethnic minority groups

1. The State shall adopt policies and measures to provide material and spiritual assistance and support for ethnic minority people in areas with exceptionally difficult socio-economic conditions and with difficult socio-economic conditions through socio-economic development, hunger elimination and poverty alleviation programs and projects, satisfy their demands for reproductive health care, family planning, and population quality-raising services.

2. Agencies, organizations and individuals, shall, within the scope of their respective tasks and powers, have to propagate, counsel, guide and help ethnic minority groups in the protection and care of reproductive health, and family planing.

Section 3. POPULATION DISTRIBUTION

Article 16.- Rational population distribution

1. The State shall effect rational population distribution among different regions, geo-economic areas and administrative units through programs and projects on tapping land and natural resource potentials so as to bring into play the strengths of each locality for socio-economic development and security and defense maintenance.

2. Competent State agencies shall have to work out population distribution plannings and plans suitable to different regions, geo-economic areas as well as administrative units, giving priority to investment in areas with exceptionally difficult socio-economic conditions and with difficult socio-economic conditions, where population density remains low, in order to create jobs and good living conditions for attracting labor.

Article 17.- Distribution of rural population

1. The State shall adopt policies to encourage comprehensive development, economic restructuring, industrialization and modernization in rural areas and in agriculture, narrowing the development gap between different regions so as to reduce the motive force for migration to urban centers.

2. The People’s Committees at all levels shall, within the scope of their respective tasks and powers, have to implement programs and projects on lending capital, creating jobs, generating incomes and building new economic zones, as well as sedentarization policies to stabilize the life of ethnic minority groups, restricting nomadic farming and living as well as spontaneous migration.

Article 18.- Distribution of urban population

1. The State shall adopt necessary policies and measures to restrict the concentration of population in a few big cities; materialize the urban development planning in combination with building big, medium and small urban centers, creating conditions for rational population distribution.

2. The State shall adopt policies to encourage individuals, organizations, enterprises and employers in urban centers to create dwelling conditions for laborers coming from other localities.

3. The People’s Committees at all levels shall, within the scope of their respective tasks and powers, have to manage population, urban centers, and laborers coming from other localities.

Article 19.- Domestic and international migration

1. The State shall create favorable conditions for domestic and international migration in accordance with the Vietnamese law and the laws of the countries where people emigrate to or immigrate from.

2. The People’s Committees at all levels shall implement socio-economic development policies to improve people’s life with a view to reducing the motive force for spontaneous migration; promptly settle spontaneous migration-related problems according to law provisions.