Abortion in Vietnam

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Abortion in Vietnam is legal until 22 weeks of pregnancy [1] and provided free of charge by the state through Article 44 of the 1989 Public Health Protection Law. [2] Vietnam also has one of the highest rates of abortion that has been surveyed in the world [3] [4] and its abortion laws are among the most liberal in Southeast Asia and the world. [5]

Contents

Legality of abortion in Vietnam

Abortion has been available on request from 1989. There are a number of laws that codify abortion rights in various ways. Due to its emphasis on family planning, abortion in Vietnam has been legalised without any restrictions on the reason for seeking the abortion. [6] Family planning was made a national priority upon the unification of Vietnam, leading to the incentivization of contraception and abortion acceptance. [7]

The Constitution of Vietnam ensures that men and women enjoy equal rights in all circumstances such as reproductive health: "The State, society, families and citizens have the responsibility to provide health care and protection to mother and children; and carry out the population and family planning program." [8]

The Vietnamese National Assembly adopted the Law on Marriage and Family in 1960, which is based on four major principles – freedom of marriage; monogamy; gender equality; and the protection of women's and children's rights. The Law on the Protection of Public Health was passed on 30 June 1989, affirming people's right to make reproductive decisions over their body and choose their own contraceptive methods. [7] 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." [3]

By 1989, the Law on Protection of People's Health was approved, affirming the people's right to choose contraceptive methods.

In Article 6 of Decision No. 162 of the Council of Ministers in January 1989 obligated that the State was to provide, for free, birth control devices and public-health services for abortions to eligible persons: "The state will supply, free of charge, birth control devices, such as intrauterine loops and condoms, birth control pills and public health services for the insertion of intrauterine loops and abortions to eligible persons who are cadres, manual workers, civil servants or members of the armed forces, persons to whom priority is given under policy and poor persons who register to practice family planning." [9] [7] Also, Decree No. 12/CP on the promulgation of Social Insurance Regulations authorizes sick leave for abortions.

Significantly, the Criminal Code of Vietnam does not contain any provisions that criminalise abortion practices, pointing to its unrestricted legality in the country. [7] sex-selective abortion, a result of the country's son preference, is illegal but remained rampant and largely unpunished. [5]

Family planning in Vietnam is helmed by the Ministry of Health (MOH) and National Committee for Population (NCPFP). Family planning and abortion services are provided through a network of MOH-approved healthcare centres, including central and provincial hospitals, provincial family planning centres, district hospitals and health centres, intercommunal polyclinics, and commune health centres. [3] MOH-approved physicians, assistant physicians and trained midwives are legally allowed to perform abortions.

As defined in the current National Abortion Standards and Guidelines (NASGs), abortion services are made accessible at three administrative levels of the health system: (1) abortion from 6 to 18 weeks from the last menstrual period (LMP) is available at central and provincial hospitals; (2) abortion from 6 to 12 weeks of LMP is also available at district health stations; and (3) communal health clinics may only offer abortion to women who are not more than six weeks pregnant. [3]

Abortion rates

Vietnam has one of the highest abortion rates in the world. A study conducted by the Hanoi Central Obstetrics Hospital [vi] found that 40% of all pregnancies in Vietnam are terminated each year. [4]

Related Research Articles

<span class="mw-page-title-main">Family planning</span> Planning if or when to have children

Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marital situation, career or work considerations, financial situations. If sexually active, family planning may involve the use of contraception and other techniques to control the timing of reproduction.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution, while Yugoslavia implicitly inscribed abortion rights in its constitution in 1974.

<span class="mw-page-title-main">Beginning of pregnancy controversy</span> Cultural-linguistic, not scientific question

Controversy over the beginning of pregnancy occurs in different contexts, particularly as it is discussed within the debate of abortion in the United States. Because an abortion is defined as ending an established pregnancy, rather than as destroying a fertilized egg, depending on when pregnancy is considered to begin, some methods of birth control as well as some methods of infertility treatment might be classified as causing abortions.

This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).

Contraceptive security is an individual's ability to reliably choose, obtain, and use quality contraceptives for family planning and the prevention of sexually transmitted diseases. The term refers primarily to efforts undertaken in low and middle-income countries to ensure contraceptive availability as an integral part of family planning programs. Even though there is a consistent increase in the use of contraceptives in low, middle, and high-income countries, the actual contraceptive use varies in different regions of the world. The World Health Organization recognizes the importance of contraception and describes all choices regarding family planning as human rights. Subsidized products, particularly condoms and oral contraceptives, may be provided to increase accessibility for low-income people. Measures taken to provide contraceptive security may include strengthening contraceptive supply chains, forming contraceptive security committees, product quality assurance, promoting supportive policy environments, and examining financing options.

Abortion in Japan is allowed under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse, or other domestic issues. Despite the partner's consent not being necessary for unmarried women and women who were impregnated by abusive partners or through rape, many doctors and medical institutions seek a signature from the man believed to have made the woman pregnant for fear of getting into legal trouble, rights advocates say.

<span class="mw-page-title-main">Birth control</span> Method of preventing human pregnancy

Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth control only became available in the 20th century. Planning, making available, and using human birth control is called family planning. Some cultures limit or discourage access to birth control because they consider it to be morally, religiously, or politically undesirable.

In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.

A two-child policy is a government-imposed limit of two children allowed per family or the payment of government subsidies only to the first two children.

<span class="mw-page-title-main">Abortion law in the United States by state</span>

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

<span class="mw-page-title-main">Birth control in the United States</span>

Birth control in the United States is available in many forms. Some of the forms available at drugstores and some retail stores are male condoms, female condoms, sponges, spermicides, over-the-counter progestin-only contraceptive pills, and over-the-counter emergency contraception. Forms available at pharmacies with a doctor's prescription or at doctor's offices are oral contraceptive pills, patches, vaginal rings, diaphragms, shots/injections, cervical caps, implantable rods, and intrauterine devices (IUDs). Sterilization procedures, including tubal ligations and vasectomies, are also performed.

The Irish Family Planning Association (IFPA) is an Irish charity working to enable people to make informed choices about sexuality and reproduction. The organisation promotes the right of all people to sexual and reproductive health information as well as dedicated, confidential and affordable healthcare services.

Reproductive coercion is a collection of behaviors that interfere with decision-making related to reproductive health. These behaviors are often perpetrated by a current, former, or hopeful intimate or romantic partner, but they can also be perpetrated by parents or in-laws, or by policies of institutions or government. Coercive behaviors infringe on individuals' reproductive rights and reduce their reproductive autonomy.

Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.

Abortion in Kazakhstan is legal as an elective procedure up to 12 weeks, and special circumstances afterwards. The relevant legislation is based on the laws inherited from the country's Soviet past, when abortion was legally permitted as a contraceptive.

Abortion in Azerbaijan is legal on request up to 12 weeks of pregnancy, and in specific circumstances between 12 and 28 weeks. The current abortion law of Azerbaijan is based on the abortion law of the Soviet Union of 1955 when Azerbaijan was a Republic of the Soviet Union, and no changes were made after Azerbaijan became independent in 1991. Between 1965 and 1987 the abortion rate used to be very high. Since independence, the abortion rate has almost halved and relatively stabilized after 2000. In the 2014, 13.8% of pregnancies in Azerbaijan ended in abortion, a slight rise from the all-time low recorded in 2005 (12.1%).

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

There are many types of contraceptive methods available in France. All contraceptives are obtained by medical prescription after a visit to a family planning specialist, a gynecologist or a midwife. An exception to this is emergency contraception, which does not require a prescription and can be obtained directly in a pharmacy.

Communist and Marxist ideologies generally allow state-provided abortions, although there is no consensus among Communist parties or governments as to how far into the pregnancy abortion should be allowed.

Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

References

  1. ↑ Lee, Michelle Ye Hee (2021-12-07). "Analysis | Is the United States one of seven countries that 'allow elective abortions after 20 weeks of pregnancy?'". Washington Post. ISSN   0190-8286 . Retrieved 2024-01-13.
  2. ↑ "Vietnam's Abortion Provisions". Center for Reproductive Rights. Retrieved 2022-07-18.
  3. 1 2 3 4 Do, Thi Hong Nga. "More to Demand: Abortion in Vietnam". Isis International Women's House. Retrieved 2018-09-28.
  4. 1 2 Fllek-Gibson, Dana (2014-08-28). "Vietnam tackles high abortion rates". Al Jazeera . Retrieved 2018-09-28.
  5. 1 2 Nguyen, Le Dong Hai (2022-07-13). "What the Roe Reversal Means for Abortion Rights in Vietnam". The Diplomat . Retrieved 2022-07-18.
  6. ↑ "Abortion in Asia". Guttmacher Institute. 2016-05-10. Retrieved 2018-09-28.
  7. 1 2 3 4 "Abortion Policy in Vietnam". United Nations (Word Document). Retrieved 28 September 2018.
  8. ↑ Worrell, Marc. "Abortion law Vietnam". Women on Waves. Retrieved 2018-09-28.
  9. ↑ Ministers], [Council of (1989). "Vietnam's New Fertility Policy". Population and Development Review. 15 (1): 169–172. doi:10.2307/1973424. JSTOR   1973424.{{cite journal}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
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