Abortion law Vietnam
Law related to abortion
"The Constitution of Vietnam declares that men and women enjoy equal rights in all aspects and circumstances such as reproductive health: “The State, society, family and citizen have the responsibility to provide health care and protection to mother and children; and carry out the population and family planning program.”
In 1960s, the Vietnamese National Assembly adopted the Law on Marriage and Family which is based on four principles, namely: freedom of marriage; monogamy; gender equality; and protection of women’s and children’s rights.
By 1989, the Law on Protection of People’s Health was approved, affirming the people’s rights to choose contraceptive methods. Furthermore, it states that: “Women have the rights to have abortion; to receive gynecological diagnosis and treatment; and health check-up during pregnancy; and medical service when giving birth at health facilities.”
From the decades of 60s to 90s, the Ministry of Health - Department of Treatment defines that abortion services are provided to women upon request at public clinics by trained physicians/midwives.
In the 1980s, the government encouraged small-sized families, ideally with two children, spaced three to five year.
Government Decree No. 104/2003/ND-CP dated 16 September 2003 guiding the implementation of some articles of the Ordinance on Population strictly prohibits choosing the sex of the fetus (Art.10)
In 2003, the Minister of Health published the National Standards and Guidelines (NSGs) for Reproductive Health Services including a Chapter on Safe Abortion. It is stated in the NSGs that trained obstetricians, assistant doctors with obstetrics - pediatric specialist or trained midwives can legally perform abortions. It is also defined that abortion services are provided at three administrative levels of the health system: (1) abortion of 6-22 weeks gestation provided at central and provincial hospitals; (2) abortion of 6-12 weeks gestation is provided at district health stations; and (3) abortion up to 6 weeks gestation is provided at communal health centers. Private clinics in certain provinces are allowed to perform abortion up to 6 weeks gestation if they meet required criteria set out by the Provincial Health Services."
The UN Country Report, link.