English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Article 18(3) of the Law on Gender Equality also contains a provision on gender equality
and family planning: “Wife and husband are equal in discussing, deciding the choice and use
of the appropriate family planning measures…” This equal obligation is also in Article 24 of the
Marriage and Family Law, which states that husband and wife are obliged to implement the
population and family planning policy.
Rights and obligations of individuals
The Population Ordinance guarantees rights of citizens relating to population work, which
include the rights to: (a) be provided information on population; (b) be given quality,
convenient, safe and confidential population services; and (c) practice family planning, select
measures to take care of one’s reproductive health. 758 There are also provisions on
confidentiality relating to consultations by doctors in Article 24 of the Law on Health. The Law
on Health also emphasizes that consent of the patient is required prior to surgery. 759 Article 10
of the Population Ordinance guarantees rights of individuals and couples, which include the
rights to: (a) decide on the time to have babies, the number of children and the duration
between childbirth suitable to their age, health, study, labouring or working conditions,
incomes, and raise their children on the basis of equality; and (b) select and apply family
planning measures.
The Population Ordinance also identifies the obligations of couples and individuals in
family planning, including the obligation to use method of contraception. 760 It also identifies
obligations of citizens on population work, which include to: (a) practice family planning and to
build families that are “prosperous, equal, progressive, happy and sustainable” and with few
children; and (b) “respect the interests of the State, society and community in readjusting the
population size, population structure, population distribution, and raising the population
quality.” 761
The Decree on Population, which details the implementation of the Population
Ordinance, reiterates these rights and obligations. It states also: “The rights and obligations of
each couple, individual are inseparable from one another in the implementation of family
planning. Each couple, individual shall have the responsibility to exercise their rights and fulfill
their obligations towards the State and the society.” 762
Prohibited acts
All attempts to obstruct family planning implementation are strictly prohibited. 763 In particular,
the Population Ordinance prohibits: (a) obstructing or forcing the practice of family planning;
(b) selecting the gender of unborn babies in any form; (c) dealing with faked, substandard,
expired or banned contraceptive devices; and (d) disseminating information that adversely
affects or is contrary to population work, fine ethics and social life. 764
315
758
Ibid., Article 4
759
Law on Health, Article 28
760
Population Ordinance, Article 10
761
Ibid., Article 4
762
Decree on Population, Article 17
763
Law on Health, Article 43
764
Population Ordinance, Article 7
Marriage and family (Article 16 of CEDAW)