Ordinance No. 06/2003/PL-UBTVQH11 on Population

ORDINANCE

Population

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Population is one of the decisive factors for sustainable development of the country;

To enhance the responsibility of citizens, the State and society in population work; protect the rights and legitimate interests of citizens; strengthen and unify state management over population;

Based on the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, Tenth Session;

Based on Resolution No. 12/2002/QH11 dated December 16, 2002 of the National Assembly, 11th term, second session on the legislative program of the National Assembly for the tenure (2002-2007) and for 2003; XII This Ordinance stipulates matters concerning population.

1. This Ordinance stipulates the size of the population, population structure, distribution of residents, quality of the population, measures to implement population work, and state management over population.

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability.

2. This Ordinance applies to state agencies, political organizations, socio-political organizations, social organizations, occupational social organizations, economic organizations, people's armed units, and all Vietnamese citizens (hereinafter referred to collectively as agencies, organizations, and individuals); foreign organizations operating within the territory of Vietnam, foreigners permanently residing within the territory of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 2. Principles of population work.

1. Protecting the rights and legitimate interests of agencies, organizations, and individuals in the field of population in accordance with economic and social development, the quality of life of individuals, families, and the entire society.

2. Ensuring the initiative, voluntariness, and equality of each individual and family in reproductive control, reproductive health care, choosing place of residence, and implementing measures to improve population quality.

3. Combining the rights and interests of individuals and families with the interests of the community and the entire society; implementing small family sizes that are warm, equal, progressive, happy, and sustainable.

1. Population is the aggregate of people living in a country, region, economic geographic area, or administrative unit.

Article 3. Explanation of Terms

In this Ordinance, the following terms shall be understood as follows:

2. Population size is the number of people living in a country, region, economic geographic area, or administrative unit at a specific point in time.

3. Population structure is the total population classified by gender, age, ethnicity, educational level, occupation, marital status, and other characteristics.

4. Elderly population structure is a population with a high proportion of elderly people.

5. Resident distribution is the division of the total population according to regions, economic geographic areas, or administrative units.

6. Population quality reflects physical, intellectual, and spiritual characteristics of the entire population.

7. Migration is the movement of population from one country to reside in another, or from one administrative unit to reside in another.

8. Reproductive health is the manifestation of physical, mental, and social states related to reproductive activities and functions of each person.

9. Family planning is the effort of the State and society to enable each individual and couple to voluntarily decide the number of children, birth timing, and spacing between births to protect health, responsibly raise children, and be consistent with societal standards and living conditions of the family.

10. Population work involves managing and organizing activities affecting population size, population structure, resident distribution, and improving population quality.

11. Human Development Index (HDI) is a composite indicator to assess human development, determined through average life expectancy, education level, and per capita income.

12. Replacement fertility rate is the average fertility level in the whole society such that each couple has two children.

13. Population services include activities serving population work, including providing information, propaganda, education, mobilization, guidance, counseling on population (hereinafter collectively referred to as propaganda and counseling); providing methods for reproductive health care, family planning, improving population quality, and other activities as prescribed by law.

14. Population registration is the collection and updating of basic information about each citizen's population at different times.

15. The national database system on residents is a system of information collected through population registration of the entire population and established on an electronic network.

15. The national population database system is an information system collected through population registration of the entire population and established on an electronic network.

Article 4. Citizens' rights and obligations regarding population work.

1. Citizens have the following rights:

a) To be provided with information on population,

b) To be provided with quality, convenient, safe population services and to have confidentiality maintained in accordance with the law;

c) To choose methods for reproductive health care, family planning, and improving population quality,

d) To choose places of residence in compliance with the law.

2. Citizens have the following obligations:

a) To implement family planning; to establish family sizes that are small, warm, equal, progressive, happy, and sustainable;

b) To take appropriate measures to enhance their own physical, intellectual, and spiritual well-being and that of other members of their family;

c) To respect the interests of the State, society, and community in adjusting population size, structure, distribution, and improving population quality;

d) To comply with the provisions of this Ordinance and other relevant laws concerning population work.

Article 5. Responsibilities of the State, agencies, and organizations in population work.

1. The State has policies and measures to implement population work, promote socialization of population work, and ensure favorable conditions for population work consistent with the country's economic and social development.

2. The State has policies to encourage organizations and individuals to invest, cooperate, assist, and support programs for reproductive health care, family planning, and improving population quality, prioritizing the poor, ethnic minorities, areas with particularly difficult socio-economic conditions, and areas with difficult socio-economic conditions.

3. State management agencies responsible for population have the responsibility to direct the implementation of population work, coordinate with the Vietnam Fatherland Front and its member organizations to implement population work, inspect, and supervise the enforcement of laws on population.

4. Agencies and organizations within their scope of duties and powers have the responsibility:

a) To integrate population factors into planning, plans, and policies for economic and social development;

b) To publicize and mobilize the implementation of population work;

c) To provide various types of population services;

d) To enforce laws on population within their agencies and organizations.

Article 6. Responsibilities of the Vietnam Fatherland Front and people's mass organizations in population work.

The Vietnam Fatherland Front and people's mass organizations have the responsibility:

1. To participate in formulating policies for population planning, plans, and legal normative documents on population;

2. To implement population work within their systems;

3. To publicize and mobilize members and the general public to comply with laws on population;

4. To monitor the enforcement of laws on population.

Article 7. Prohibited acts

Strictly prohibit the following acts:

1. Obstructing or coercing the implementation of family planning;

2. Selecting the sex of the fetus under any form;

3. Producing, trading, importing, or providing fake contraceptive devices, those not meeting quality standards, expired, or unauthorized for circulation;

4. Migrating and residing in violation of the law;

5. Publicizing or disseminating information containing content contrary to population policy, fine national moral traditions, adversely affecting population work and social life;

6. Human cloning.

Chapter 2:

POPULATION SIZE, STRUCTURE, AND DISTRIBUTION OF POPULATION

Section I

POPULATION SIZE

Article 8. Adjusting Population Size

1. The State adjusts population size in accordance with economic and social development, resources, and the environment through economic and social development programs and projects, reproductive health care services, and family planning to regulate birth rates and stabilize population size at reasonable levels.

2. Within their respective duties and authorities, agencies and organizations are responsible for programs and projects related to reproductive health care and family planning. People's Councils and People's Committees at all levels are responsible for reproductive health care and family planning programs and projects within their localities.

Article 9. Family Planning

1. Family planning is a primary measure to adjust birth rates, contributing to ensuring a prosperous, equal, progressive, and happy life.

2. Measures to implement family planning include:

a) Promoting, advising, assisting, and ensuring that each individual and couple can voluntarily and proactively implement family planning;

b) Providing family planning services that ensure quality, convenience, safety, and accessibility to individuals;

c) Encouraging material and spiritual benefits and implementing insurance policies to create incentives for widespread implementation of family planning among the people.

3. The State supports and facilitates the implementation of family planning programs and projects; prioritizing areas with particularly difficult socio-economic conditions, areas with difficult socio-economic conditions, the poor, those in difficult circumstances, and those under the age of adulthood.

1. Each couple and individual has the right:

a) To decide on the timing of childbirth, number of children, and intervals between births based on age, health status, educational, labor, work, income, and child-rearing conditions, on an equal basis;

b) To choose and use family planning methods.

2. Each couple and individual has the obligation:

a) To use contraception;

b) To protect health and implement measures to prevent sexually transmitted infections and HIV/AIDS;

c) To fulfill other obligations related to reproductive health care and family planning.

Article 11. Propaganda and Counseling on Family Planning

1. State management agencies on population have the responsibility to develop propaganda and counseling programs and contents on family planning; coordinating with agencies, organizations, and individuals in organizing propaganda and counseling on family planning.

2. Agencies, organizations, and individuals have the right to receive information and participate in propaganda and counseling on family planning implementation.

3. Information and propaganda agencies have the responsibility to propagate and disseminate laws on population and family planning. The content and form of propaganda must be appropriate and easy to understand for different target groups.

Article 12. Provision of Family Planning Services

1. The State encourages organizations and individuals to participate in producing, importing, supplying contraceptive devices, and providing family planning services in accordance with the law.

2. Organizations and individuals providing contraceptive devices and family planning services are responsible for ensuring the quality of devices and services, safe techniques, and convenience; monitoring and resolving side effects and complications for users (if any).

PART II

POPULATION STRUCTURE

Article 13. Adjusting the Population Structure.

1. The State adjusts the population structure to ensure a reasonable gender ratio, age distribution, educational level, occupation, and other characteristics; protect and create conditions for ethnic minorities to develop.

2. The adjustment of the population structure is carried out through national and local economic and social development programs and projects. The State has policies; agencies and organizations have measures to develop appropriate social services for the aging population in the future.

Article 14. Ensuring a Reasonable Population Structure.

1. The State has policies and necessary measures to prevent sex selection during pregnancy to ensure gender balance according to natural reproductive laws; adjust birth rates to create a reasonable population structure regarding gender and age.

2. The State implements economic and social development policies, science and technology development, vocational training, and labor utilization suitable to gender, age, ethnicity, and socio-economic development at each locality.

3. Agencies and organizations responsible for building economic and social development policies and plans must ensure gender balance, age distribution, and occupational structure in each region, economic geographic area, and administrative unit.

Article 15. Protecting Ethnic Minorities.

1. The State has policies and measures to assist and support ethnic minority compatriots in areas with particularly difficult socio-economic conditions through economic and social development programs and projects, poverty reduction, and family planning services to improve population quality.

2. Agencies, organizations, and individuals within their respective duties and authorities have the responsibility to promote, advise, guide, and assist ethnic minorities in protecting and caring for reproductive health and family planning.

Chapter III:

POPULATION DISTRIBUTION

Article 16. Rational Population Distribution.

1. The State implements rational population distribution among regions, economic geographic areas, and administrative units through programs and projects exploiting land potential and resources to leverage strengths for socio-economic development and national security and defense.

2. Competent state agencies are responsible for planning and developing population distribution plans suitable for regions, economic geographic areas, and administrative units, prioritizing investment in areas with particularly difficult socio-economic conditions, low population density areas to create employment and living conditions to attract labor.

Article 17. Rural Population Distribution.

1. The State implements policies to encourage comprehensive rural development, structural economic transformation, industrialization, modernization of agriculture and rural areas, narrowing development gaps between regions to limit urban migration.

2. People's Committees at all levels within their respective duties and authorities are responsible for implementing loan programs, creating jobs, increasing income, establishing new economic zones, implementing settlement policies to stabilize the lives of ethnic minority compatriots, limiting shifting cultivation, nomadic movement, and spontaneous migration.

Article 18. Urban Population Distribution.

1. The State shall have policies and necessary measures to limit the concentration of large populations in certain major cities; implement urban development planning, combining the construction of large, medium, and small cities, creating conditions for reasonable population distribution.

2. The State shall have policies to encourage individuals, organizations, businesses, and employers in cities to provide living conditions for workers coming from other places.

3. People's Committees at all levels within their respective duties and authorities shall be responsible for managing the population, urban areas, and workers coming from other places.

Article 19. Internal Migration and International Migration.

1. The State shall create favorable conditions for internal migration and international migration in accordance with the provisions of Vietnamese law and the laws of the countries where migrants or immigrants reside.

2. People's Committees at all levels shall implement economic and social development policies, improve people's livelihoods to reduce spontaneous migration motives, and promptly address issues related to spontaneous migration in accordance with the law.

Chapter 3:

POPULATION QUALITY

Article 20. Improving Population Quality.

1. Improving population quality is a basic policy of the State in the cause of national development.

2. The State shall implement policies to improve population quality in terms of physical health, intelligence, and spirit, thereby raising Vietnam's human development index to advanced world levels, meeting the requirements of industrialization and modernization of the country.

Article 22. Responsibility for Improving Population Quality.

1. The State shall encourage and create favorable conditions for organizations and individuals to implement measures to improve population quality through economic and social development programs and projects, investment in technical infrastructure, building a social security system, and protecting the ecological environment.

2. Authorities, organizations, and individuals shall be responsible for carrying out work to protect health and physical training, improve educational standards and develop intelligence, promote economic development and enhance social welfare, preserve cultural and spiritual values, and protect the ecological environment.

3. State management agencies on population shall be responsible for coordinating with relevant agencies and organizations to build and implement models of improving population quality with sustainable family development, community impact models for improving population quality; provide information, propaganda, counseling, and assistance to families and individuals to implement measures to improve population quality.

4. Agencies, organizations, and individuals shall be provided with information, guidance, assistance, and voluntarily implement measures to improve population quality.

Article 22. Responsibility for Improving Population Quality.

1. The State shall encourage and create favorable conditions for organizations and individuals to implement measures to improve population quality through economic and social development programs and projects, investment in technical infrastructure, building a social security system, and protecting the ecological environment.

2. Agencies, organizations, and individuals shall be responsible for carrying out work to protect health and physical training, improve educational standards and develop intelligence, promote economic development and enhance social welfare, preserve cultural and spiritual values, and protect the ecological environment.

3. State management agencies on population shall be responsible for coordinating with relevant agencies and organizations to build and implement models of improving population quality with sustainable family development, community impact models for improving population quality; provide information, propaganda, counseling, and assistance to families and individuals to implement measures to improve population quality.

4. Agencies, organizations, and individuals shall be provided with information, guidance, assistance, and voluntarily implement measures to improve population quality.

Article 23. Measures to support reproductive health.

1. The State encourages and creates conditions for men and women to undergo health checks before registering for marriage, genetic testing for individuals at risk of genetic disabilities, exposure to chemical toxins; genetic counseling; material and spiritual assistance for individuals with genetic disabilities, exposure to chemical toxins, and HIV/AIDS infection.

2. The State invests and encourages organizations and individuals to invest in building facilities and technical infrastructure to serve reproductive technology aimed at assisting infertile individuals, those who have undergone sterilization, and others as stipulated by law.

Article 24. Building a warm, equal, progressive, happy, and sustainable family.

1. The State has policies and measures to eliminate all forms of gender discrimination, including discrimination between sons and daughters, ensuring that women and men have equal rights and obligations in building a warm, equal, progressive, happy, and sustainable family.

2. The State has policies to encourage multi-generational families; expanding social services suitable for various family types, ensuring that all members of the family enjoy their rights and fulfill their obligations fully.

3. Agencies, organizations, and individuals have the responsibility to promote awareness, provide counseling, and assist families in improving their material and spiritual lives and building a warm, equal, progressive, happy, and sustainable life.

4. Family members have the responsibility to support each other in implementing measures to care for health, reproductive health, family planning, and improving the material and spiritual life of each member.

Article 25. Improving the quality of the population in the community.

Local People's Committees are responsible for directing the implementation of measures to develop the economy, social services, and ensure social welfare to improve the quality of the population in the community within their jurisdiction.

Chapter 4

MEASURES TO IMPLEMENT POPULATION WORK

Article 26. Population Planning and Development Plan

1. The State incorporates population planning and development plans into national economic and social development plans to ensure the size, structure, quality of the population, and distribution of residents are appropriate to economic and social development conditions, resources, and the environment.

2. People's Councils and local People's Committees incorporate population planning and development plans into local economic and social development plans.

3. Agencies and organizations within their duties and authorities are responsible for incorporating population work targets into their activity plans, production, business, and service development plans; regularly reviewing and evaluating the implementation.

Article 27. Socializing Population Work

The State implements socialization of population work by mobilizing all agencies, organizations, and individuals to actively participate in population work. Agencies, organizations, and individuals participating in population work enjoy rights and benefits from population work.

Article 28. Mobilizing Resources for Population Work

1. The State has policies and mechanisms to mobilize resources for investment in population work.

2. A population fund is established at the central level and managed by state agencies responsible for population management.

3. The population fund is formed from sources: budgetary support from the state; voluntary contributions from domestic and foreign organizations and individuals.

4. The mobilization and use of the population fund must be carried out in accordance with the provisions of the law.

Article 29. Implementation of Population Education.

1. Population education shall be implemented in educational institutions within the national education system.

2. The Ministry of Education and Training shall coordinate with the National Committee for Population, Family, and Children to direct and develop programs and curricula on population that are appropriate for each level of education.

3. Schools and other educational institutions shall have the responsibility to organize teaching and learning according to the prescribed programs and curricula.

Article 30. International Cooperation in the Field of Population.

1. The State shall adopt policies and measures to expand international cooperation in the field of population with countries and international organizations on the basis of equality, respect for independence and sovereignty, mutual benefit, and compliance with the laws of each country and international practices.

2. The scope of international cooperation includes:

a) Developing and implementing programs and projects in the field of population;

b) Participating in international organizations, signing and joining international treaties in the field of population;

c) Researching, applying science, and transferring modern technology in the field of population;

d) Training, capacity building, exchanging information and experience in the field of population.

3. The State encourages overseas Vietnamese residents, foreign organizations, and individuals to participate in population activities.

4. International organizations and foreign associations in the field of population may operate in Vietnam's territory in accordance with Vietnamese law.

Article 31. Enhancing the Capacity of Population Workforce.

1. The State shall adopt policies to build, develop, and create conditions to enhance the capacity of the workforce engaged in population work at all levels, with particular emphasis on specialized staff and population volunteers at the grassroots level.

2. People's Committees at all levels shall have the responsibility to create favorable conditions for population workers, stabilize the specialized staff and population volunteers at the grassroots level in accordance with the economic and social characteristics of each locality.

Article 32. Scientific Research on Population.

1. The State shall encourage and create favorable conditions for agencies, organizations, and individuals to conduct scientific research, focusing on topics to improve population quality, especially in areas with particularly difficult socio-economic conditions and areas with difficult socio-economic conditions.

2. The State shall adopt policies to protect, disseminate, and apply research results on population into economic and social development programs and serve as a basis for policy formulation, planning, and implementation of population work.

3. Scientific research agencies and state management agencies on population shall have the responsibility to apply scientific and technological progress, improve the quality and efficiency of population research topics to apply them in practical economic and social life of the country.

Chapter 5:

STATE MANAGEMENT OF POPULATION

Article 33. Contents of State Management of Population.

The contents of state management of population include:

1. Developing, organizing, and directing the implementation of strategies, plans, programs, and measures for population work;

2. Issuing and implementing legal normative documents on population;

3. Organizing and coordinating population work among state agencies, mass organizations, and organizations and individuals participating in population work;

4. Managing and guiding business operations and personnel management in state management of population;

5. Organizing and managing the collection, processing, exploitation, storage of population information and data, population registration, and the national database on population; periodic population census;

6. Organizing and managing the training and capacity building of personnel working in population;

7. Organizing and managing scientific research and application of science and technology transfer in the field of population;

8. Organizing and managing the dissemination, promotion, and mobilization of the public to comply with population laws;

9. Implementing international cooperation in the field of population;

10. Inspecting, auditing, handling complaints and grievances, and dealing with violations of population laws.

Article 34. State Management Authority for Population.

1. The Government shall uniformly manage state affairs concerning population.

2. The Population, Family and Children Committee shall be responsible to the Government for implementing state management over population.

3. Ministries and ministerial-level agencies within their respective duties and authorities shall be responsible for implementing state management over population according to the division of labor by the Government.

4. The Government shall specify the organization, functions, tasks, and powers of the state management authority for population and the responsibilities of ministries and ministerial-level agencies in coordinating with the Population, Family and Children Committee to implement state management over population.

5. People's Committees at all levels shall carry out state management over population in their localities according to the delegation by the Government.

Article 35. Population Registration and National Population Database System.

1. The State shall organize the construction and management of a unified national population database system throughout the country. The national population database system is a national asset.

2. Agencies, organizations, and individuals have the obligation to provide complete and accurate basic information about the population and have the right to use information and data from the national population database system in accordance with the provisions of the law.

3. The construction, management, exploitation, and provision of information and data from the national population database system shall be carried out in accordance with the provisions of the law.

4. The Government shall stipulate procedures, formalities, and contents related to population registration and the national population database system.

Article 36. Complaints and Accusations.

Complaints and accusations, as well as the resolution of complaints and accusations regarding violations of laws on population, shall be conducted in accordance with the provisions of the law on complaints and accusations.

Chapter 6:
REWARD AND VIOLATION HANDLING

Article 37. Awards.

1. Agencies, organizations, and individuals who achieve outstanding results in population work shall be awarded in accordance with the provisions of the law.

2. Agencies, organizations, and community residents shall take measures to encourage and award individuals and families who perform well in population work.

Article 38. Handling Violations.

1. Any person who commits acts violating the provisions of this Ordinance and other relevant laws concerning population work shall, depending on the nature and degree of violation, be subject to disciplinary action, administrative penalties, or criminal prosecution; if damage is caused, compensation must be provided in accordance with the provisions of the law.

2. Any person who abuses their position or power to violate the provisions of this Ordinance and other relevant laws concerning population work shall, depending on the nature and degree of violation, be subject to disciplinary action or criminal prosecution; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Chapter 7:
IMPLEMENTING PROVISIONS

Article 39. Effectiveness of the Ordinance.

This Ordinance shall take effect from May 1, 2003.

Previous regulations contrary to this Ordinance are abolished.

Article 40. Detailed regulations and guidance on implementing

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.