English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
The VDHS found that around 50 percent of women reported having a health problem
following a pregnancy termination. 613 Abortion complications account for around 12 percent of
maternal deaths. Also, it is said that 30 percent of reproductive health-care centres are not
able to manage complications of abortions.
Sex-selective abortions are believed to be an increasing area of concern. It is surmised
that son preference is another reason behind the high rate of abortions. 614 (See also discussion
on Indicators 91-92 for the link between abortions and contraception.) A look at the sex ratio
will show that among urban newborn babies, from 106.6 girls for every 100 boys in 1999, in
2001 and 2002, the ratio rose to 114.1 and 113.1. 615 However, in 2003, the figure went down
again to 102.7. 616 It was suggested that the decrease in the number of newborn baby girls is
due to early sex identification, which may be used for sex-selective abortions. 617
As for the laws on abortion, Article 44 of the Law on Health provides that women have
the right to an abortion on demand. Health establishments and private persons are prohibited
from engaging in abortions unless licensed. 618
The Penal Code punishes illegal abortion under Article 243. It provides: “Those who
perform illegal abortion for other persons, causing loss of lives or serious damage to the health
of such persons or who have already been disciplined or administratively sanctioned for such
act or already sentenced for such offense, not yet entitled to criminal record remission but
continue to commit it, shall be sentenced to non-custodial reform for up to three years or
between one and five years of imprisonment.” Article 243 further provides that, when the crime
results in very serious or particularly serious consequences, the sentence will be 3-15 years
imprisonment. In all these cases, a fine, or a 1-5 year ban from holding certain posts and/or
from practicing certain occupations or jobs, can also be imposed.
Article 40(7) of the Law on Gender Equality lists, as one of the violations on gender
equality in the field of public health, “choosing gender for the fetus under all forms or inciting
and forcing other people to abort because of the fetus’ gender.” Article 7 of the Population
Ordinance, No. 06/2003/PL-UBTVQH11 of January 9, 2003 (Population Ordinance) prohibits
selecting the gender of unborn babies in any form. The Decree on Population elaborates
further by stating:
Article 10:
To strictly prohibit acts of selecting fetus gender, including:
(1)Propagating, disseminating methods of fetus gender creation in forms of organized
talks, writings, translation, photocopying of books, newspapers, documents, pictures,
photos, recorded videos, recorded audio tapes; storing, circulating documents,
means and other forms of propagation and dissemination of fetus gender creation
methods.
273
613
Ibid. citing the VDHS
614
Wells, op. cit., p. 38
615
GSO Statistics, p. 47
616
Ibid.
617
Wells, op. cit., p. 47
618
Law on Health, Article 44(3)
Health (Article 12 of CEDAW)