DECREE NO. 104/2003/ND-CP DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE POPULATION ORDINANCE

DECREE

Detailed regulations and guidance on implementation of certain provisions of the Population Law

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Population Ordinance dated January 9, 2003;
At the proposal of the Minister, Chairman of the National Committee for Population, Family and Children,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed regulations and guidance on the implementation of certain provisions of the Population Law concerning population size, population structure, population quality, measures to implement population work, and organization of population work.

Article 2. Applicability

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

Article 3. Definitions

In this Decree, the following terms are understood as follows:

1. Foreigners permanently residing in Vietnam are foreign nationals and stateless persons who reside, engage in business, and live long-term in Vietnam.

2. Small family size refers to each married couple having one or two children.

3. Population size adjustment means changing the number of people in a country, region, economic geographic area, or administrative unit.

4. Population counseling involves offering advice, analysis, and guidance to agencies, organizations, and individuals to understand population information correctly so as to carry out population work appropriately.

Article 4. Main objectives of population policy

The main objective of population policy is to maintain one or two children per married couple to stabilize population size, ensure a reasonable population structure and distribution, and improve population quality.

Article 5. Responsibilities of agencies and organizations in population work Agencies and organizations, within their duties and powers, shall be responsible for:

1. Implementing laws on population:

a) Establishing and implementing regulations, charters, or other forms consistent with the law to achieve the objectives of population policy.

b) Implementing appropriate measures based on the conditions of the agency or organization; creating conditions and providing means and funds to enable members of the agency or organization to carry out population work.

c) Creating conditions for members of the agency or organization to comply with the regulations, charters, or other forms of the agency or organization; community conventions and agreements regarding population.

d) Incorporating population work targets into regular activity plans of the agency or organization.

đ) Inspecting, evaluating, summarizing, and concluding on the implementation of population policy objectives.

2. Creating conditions for individuals and family members to implement population policies:

a) Providing information, propaganda, mobilization, and education on population issues.

b) Providing diverse, high-quality, convenient, and safe population services directly to the public.

3. Integrating population factors into planning, programs, and development plans for the economy and society.

4. Promoting socialization of population work.

Article 6. Responsibilities of individuals and family members in implementing population policies

1. Implementing population policy objectives based on small family standards, warm, equal, progressive, happy, and sustainable families.

2. Creating conditions to assist individuals in implementing population policy objectives suitable to age, health status, educational, labor, working conditions, income, child-rearing, and local and national economic and social development plans.

3. Adhering to laws, policies on population; regulations, charters, or other forms of agencies or organizations; community conventions and agreements.

Article 7. Population Information Population information includes the following main contents:

1. Knowledge about population, reproductive health, family planning, gender equality, hereditary diseases, and measures to improve population quality.

2. Contents and methods to adjust population size, structure, improve population quality, and distribute population.

3. Rights and responsibilities of individuals and family members in implementing population policies.

4. Other contents related to population.

Article 8. Types of population services Types of population services include:

1. Providing information, data; means and products for population propaganda, mobilization, education, and counseling.

2. Providing contraception means; reproductive health care services, family planning services; pre-marriage health checkups; checking genetic-related diseases or health issues.

3. Services to improve population quality.

4. Other population services as prescribed by law.

Article 9. Strictly prohibited acts hindering or forcing family planning, including:

1. Threatening, insulting dignity, personal integrity; infringing upon the body of those using contraception, those having only sons or daughters.

2. Forcing, imposing the use of contraception, early pregnancy, frequent childbirth, multiple births, male or female offspring.

3. Causing difficulties for those voluntarily using contraception.

Article 10. Strictly prohibited acts of sex selection before birth, including:

1. Propagating and disseminating methods of sex selection through various forms such as organizing talks, writing, translating, reproducing books, newspapers, materials, pictures, films, audio recordings; storing, circulating materials, means, and other forms of propaganda and dissemination about sex selection methods.

2. Diagnosing to select fetal sex through symptoms, pulse diagnosis; blood tests, genetic testing, amniotic fluid, cell examination; ultrasound, etc.

3. Aborting fetuses for sex selection reasons through abortion procedures, providing and using chemicals, drugs, and other methods.

Article 11. Strictly prohibited production, trade, importation, and provision of certain contraceptive means, including:

1. Contraceptive means that do not meet current legal quality standards and brand requirements.

2. Substandard contraceptive means that have been tested for quality by authorized bodies and concluded in writing.

3. Contraceptive devices that have exceeded their expiration date as indicated on the product or packaging, or although they have not yet exceeded their expiration date as indicated on the product or packaging, but have been officially notified by the competent authority not to be continued in use.

4. Contraceptive devices that have not been permitted for circulation in Vietnam by the competent state agency.

Article 12. Strictly prohibited are certain acts of propaganda and dissemination of information on population, including:

1. Propaganda and dissemination of information on population contrary to the Party's guidelines and State policies and laws.

2. Propaganda and dissemination of inaccurate, misleading information on population that adversely affects the implementation of population work, social life, and other fields.

3. Exploiting propaganda and dissemination of information on population, reproductive health, and family planning to distribute materials or engage in other acts contrary to local customs, good manners, and societal morals.

Chapter II

POPULATION SIZE AND POPULATION STRUCTURE

SECTION 1. POPULATION SIZE

Article 13. Measures to Adjust Population Size

1. Developing and implementing programs, projects, and plans for economic and social development, poverty reduction, and improving the material and spiritual lives of the people, contributing to adjusting the population size in accordance with economic and social development at each stage.

2. Developing and implementing programs, projects, and plans for reproductive health care and family planning to build small families and maintain a stable replacement fertility rate to stabilize a reasonable population size.

Article 14. Objectives of Reproductive Health Care and Family Planning

1. Ensuring conditions for individuals and couples to implement population policy objectives; women giving birth between the ages of twenty-two and thirty-five; choosing intervals between births from three to five years; using appropriate contraceptive methods based on economic, health, psychological, and other conditions of each individual and couple.

2. Improving the health of the people, especially adolescents, pregnant women, and women with young children; reducing maternal and infant mortality rates; implementing preventive measures, treatment, and control of sexually transmitted infections, including HIV/AIDS.

Article 15. Measures for Reproductive Health Care and Family Planning

1. Educating and disseminating information to the public about reproductive health care and family planning, particularly educating adolescents about reproductive health care.

2. Providing diverse, high-quality, convenient, and safe reproductive health care and family planning services directly to the people.

3. Encouraging material and spiritual benefits; implementing social policies to promote the implementation of reproductive health care and family planning among the people.

4. Enhancing organizational capacity and implementation of programs, projects, and plans for reproductive health care and family planning.

5. Promptly detecting and handling violations of the law in the implementation of reproductive health care and family planning.

Article 16. Content of Management of Programs, Projects, and Plans for Reproductive Health Care and Family Planning

1. Implementing programs, projects, and plans according to assigned tasks.

2. Ensuring the achievement of program, project, and plan goals, tasks, solutions, and activities.

3. Using managed funds effectively.

4. Conducting inspections, audits, and evaluations of program, project, and plan implementation.

Article 17. Rights and Obligations of Each Couple and Individual in Implementing Family Planning

1. The rights and obligations of each couple and individual in implementing family planning are inseparable. Each couple and individual has the responsibility to fulfill their rights and obligations towards the State and society.

2. Each couple and individual has the right:

a) To decide on the timing of childbirth, number of children, and intervals between births in accordance with the goal of having fewer children, economic and social development targets, and population policies of the State at each stage; suitable to age, health status, educational, labor, working conditions, income, and child-rearing conditions of the couple and individual on an equal basis.

b) To choose and use appropriate contraceptive methods based on economic, health, psychological, and other conditions.

c) To receive information and services related to family planning.

3. Each couple and individual has the obligation:

a) To implement a small family size - one or two children, warm, equal, progressive, happy, and sustainable.

b) To use contraception and implement family planning.

c) To respect the interests of the State, society, community, and legitimate interests of organizations in controlling reproduction and adjusting population size.

d) To comply with laws on population; regulations, rules, or other forms of organizations; community agreements and village norms on population and family planning.

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

Article 18. Forms and Implementation of Propaganda, Mobilization, Education, and Counseling on Population, Reproductive Health, and Family Planning

1. Forms of propaganda, mobilization, education, and counseling on population, reproductive health, and family planning include:

a) Propaganda and mobilization through mass media and the Internet.

b) Direct propaganda, mobilization, and counseling.

c) Organizing teaching and learning in educational institutions within the national education system.

2. Agencies, organizations, and individuals tasked with propaganda and counseling responsibilities must regularly propagate, mobilize, educate, and counsel on population, reproductive health, and family planning for members of agencies and organizations and throughout society.

Article 19. Responsibilities of Service Providers for Reproductive Health Care and Family Planning

1. Advising service users.

2. Implementing standards for reproductive health care and family planning.

3. Ensuring the quality of safe, convenient equipment and technical services.

4. Monitor and address any adverse reactions and complications for users (if any).

Article 20. Forms of providing reproductive health care services and family planning

1. Community-based distribution, free provision, social marketing, and liberal sales according to demand suitable for various types of contraception.

2. Utilize mobile technical teams, state medical facilities, and private medical facilities to provide medical technical services in accordance with the law.

Article 21. Conditions for individuals using contraceptive methods and conditions for individuals and facilities providing family planning services

1. Conditions for individuals using contraceptive methods:

a) Voluntary use of contraceptive methods.

b) Understanding and awareness about contraceptive methods.

c) No medical contraindications.

2. Conditions for individuals and facilities providing family planning services:

a) Individuals providing family planning services must have specialized knowledge, skills, and expertise appropriate to each type of contraceptive method as prescribed by the Ministry of Health.

b) Facilities providing family planning services must ensure conditions regarding infrastructure, hygiene, staff qualifications, and equipment as prescribed by the Ministry of Health.

SECTION 2: POPULATION STRUCTURE

Article 22. Social services for the elderly

1. Guide, advise, and assist family members in fulfilling their duty to support, care for, and assist elderly family members.

2. Disseminate knowledge and skills for caring for the elderly.

3. Provide nurturing services, medical examinations, treatment, organize activities, entertainment, and other services for the elderly.

4. The State encourages organizations and individuals to develop social services to care for, assist, and promote the role of the elderly.

Article 23. Gender Equality Rights

1. Promote gender equality; eliminate all forms of discrimination based on gender; create conditions for women to actively implement reproductive health care and family planning and to access equal education, training, and improvement in all aspects and participate in social activities; men have the responsibility to implement family planning.

2. Eliminate all forms of discrimination against girls; protect the rights and legitimate interests of girls in daily life, medical examinations, treatment, education, leisure, and comprehensive development.

Article 24. Protection of Ethnic Minorities

1. Expand propaganda, education, and provision of reproductive health care and family planning services for all ethnic minority people living in remote, mountainous areas, and regions with difficult economic and social conditions.

2. Authorities with jurisdiction prioritize investment in programs, projects, and plans for reproductive health care and family planning for ethnic minority people living in remote, mountainous areas, and regions with difficult economic and social conditions.

3. Implement policies, measures, assistance, and support in material and spiritual terms to improve reproductive health care, family planning, and quality of life for ethnic minority people living in remote, mountainous areas, and regions with difficult economic and social conditions.

Chapter III

POPULATION QUALITY

Article 25. Pre-marriage health check-up

1. Encourage men and women to undergo pre-marriage health checks including genetic diseases; sexually transmitted diseases, HIV/AIDS.

2. Medical facilities conducting health checks shall notify the results and provide advice on the impact of diseases on health to both parties; ensure the confidentiality of health check results in accordance with the law.

Article 26. Health Check-ups and Genetic Diseases

1. People with a family history of mental illness, genetic diseases, those at risk of genetic disabilities; those exposed to chemical toxins; those frequently exposed to harmful chemicals and infectious diseases should be encouraged to undergo health checks before planning to have children.

2. Local Population, Family, and Children Offices have the responsibility to promote, mobilize, and create conditions for high-risk individuals regarding genetic diseases to undergo genetic disease checks.

3. Facilities conducting health checks and genetic disease checks shall inform the results and provide advice to the person being checked or their family members about the impact of diseases on childbirth and child-rearing, and ensure the confidentiality of the check results in accordance with the law.

Article 27. Propaganda and Guidance for Families to Implement Measures to Improve Population Quality

1. Promote, guide, mobilize, and assist individuals and family members with knowledge, measures, and methods to improve population quality. For new measures, there must be propaganda, material and spiritual support, and organization of trials so that individuals and family members can respond and participate.

2. Strengthen the responsibility of agencies and organizations in integrating population programs and family planning with family welfare improvement programs, supporting individuals and family members to participate in projects to improve living standards and access to basic social services. Develop and perfect models of integrating population activities with sustainable family development.

Article 28. Improving the Quality of the Community Population

Develop and implement plans, programs, and projects related to health, nutrition, clean water, environmental sanitation, social order, civilized lifestyle, cultural families, income increase, and other issues to contribute to improving the quality of the community population, in line with economic and social development during each period.

Chapter IV

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES AND ORGANIZATIONS

Article 29. Responsibilities of Ministries, ministerial-level agencies, and government agencies

1. Ministries, ministerial-level agencies, and government agencies have the responsibility to organize population work within their agencies and organizational systems through appropriate forms; issue internal regulations, rules, or other forms to implement population policy objectives.

2. Population, Family, and Children Commission:

a) Submit to the Government, the Prime Minister for issuance or issue within their authority consolidated documents on population and organize unified implementation throughout the country.

b) Develop, organize, and direct the implementation of strategies, plans, programs, annual and long-term budgets, and guide the implementation of population work.

c) Organize and coordinate population work among state agencies, people's organizations, and individuals participating in population work.

d) Mobilize, manage, and utilize resources for population work according to their authority.

đ) Organize and manage the collection, processing, exploitation, and storage of information and data on population.

e) Organize and manage the training and capacity building of civil servants working in population work.

f) Organize and manage research, application of science and technology transfer in the field of population.

g) Organize and manage the dissemination, promotion, and mobilization of the public to implement laws on population.

h) Implement international cooperation in the field of population.

i) Manage organizations providing services in the field of population.

k) Inspect, audit, enforce regulations on population; resolve complaints and handle violations of population laws according to the law.

l) Take the lead and coordinate with the Ministry of Health to guide forms of non-clinical family planning service provision; ensure the quantity, quality, and types of contraceptives; timely coordinate contraceptives to meet the needs of family planning service-providing agencies and organizations.

3. The Ministry of Planning and Investment guides ministries, sectors, and provincial People's Committees under the central government in incorporating population factors into development plans and economic-social development plans of ministries, sectors, and localities; compile annual and long-term plans; mobilize domestic capital, aid, international loans, and other sources of funding for population work.

4. The Ministry of Finance proposes policies and mechanisms to mobilize investment for population work; balance financial resources; guide and inspect the use of funds for population work.

5. The Ministry of Health stipulates standards for reproductive health care and family planning; guide equipment and infrastructure standards necessary for various types of organizations providing reproductive health care and family planning services; ensure systems for clinical contraception, reproductive health care, pre-marriage health checks, and genetic disease health checks; take the lead and coordinate with the Population, Family, and Children Committee in training technical and professional staff, investing in equipment, and building infrastructure at all service levels, ensuring convenience, safety, and quality of services reaching the people.

6. The Ministry of Education and Training takes the lead and coordinates with the Population, Family, and Children Committee, the Ministry of Health, and related ministries and sectors in developing education programs and contents on population, reproductive health, family planning, and gender equality; direct and organize teaching on population, reproductive health, family planning, and gender equality; train and enhance teachers' skills in population, reproductive health, family planning, and gender equality education suitable for the requirements of each educational level.

7. The Ministry of Justice takes the lead and coordinates with the Population, Family, and Children Committee in developing content for the dissemination and popularization of population laws.

8. The Ministry of Culture, Sports and Tourism directs mass media agencies, cultural, artistic units, creation, and performance units to carry out activities for population information, education, and communication; coordinate with the Population, Family, and Children Committee in guiding population information, education, and communication content.

9. The Ministry of Home Affairs coordinates with the Population, Family, and Children Committee in building and consolidating organizational structures and implementing training programs for staff working in population, family, and children work.

10. The General Statistics Office organizes population statistics, annual population dynamics surveys, and comprehensive population censuses; take the lead in organizing evaluations and assessments of population information and data quality.

Article 30. Responsibilities of People's Councils and People's Committees at all levels

1. Be responsible for the objectives and effectiveness of population work in their locality; direct and organize coordination among departments, sectors, mass organizations, and social organizations in implementing population work in their locality.

2. Specificize some policies and systems suitable for the characteristics of their locality to achieve population policy goals.

3. Build mechanisms and policies, mobilize human resources and finance to implement population work in their locality.

4. Organize the implementation of appropriate measures based on the socio-economic conditions of their locality to achieve population policy goals.

5. Direct and organize the incorporation of population factors into local development plans, policies, and economic-social development plans.

6. Audit, inspect, supervise, evaluate, and periodically review and conclude the implementation of population work in their locality.

Article 31. Request the Vietnam Fatherland Front and its member organizations within their scope of duties

1. Implement population work in their system including:

a) Issuing rules, charters, or other forms to implement population policy goals.

b) Implement appropriate measures based on specific conditions and circumstances of their organization to achieve population policy goals; create favorable conditions and encourage members of their organization to model the implementation of population policy goals, rules, charters, or other forms of their organization.

c) Regularly assess, review, and conclude the implementation of population policy goals.

2. Participate in opinions on policy formulation, planning, and drafting of population-related regulations and participate in supervising the implementation of population laws.

3. Coordinate with the Population, Family, and Children Agency at the same level in disseminating, educating, and mobilizing the whole population to implement population policy goals and provide population services according to their authority.

Article 32. Complaints and reports regarding population work

1. Agencies, organizations, and individuals have the right to appeal administrative decisions and administrative acts of state agencies, officials, and civil servants with authority in implementing population policies and laws.

2. Individuals have the right to report to competent state agencies about violations of population laws.

3. The jurisdiction, procedures, and processes for handling appeals and reports shall be carried out in accordance with the laws on appeals and reports.

Chapter V

REWARD AND VIOLATION HANDLING

Article 33. Awards

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

2. Agencies and organizations, within their duties and powers, shall take measures to encourage individuals and families to effectively implement population policy objectives including:

a) Formulating policies to encourage material benefits in economic and social policies and insurance policies to achieve population policy goals.

b) Organizing various forms of material and spiritual encouragement to motivate individuals, families, organizations, and communities to effectively implement population policy objectives, effectively carry out population propaganda, mobilization, education, and service provision.

Article 34. Handling Violations

Any person who violates the provisions of this Decree and other relevant laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 35. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. The Decision No. 162/HĐBT dated October 18, 1988 of the Council of Ministers (now the Government) on certain population policies is hereby repealed.

Article 36. Responsibility for Implementation

1. The Minister in charge of the Population, Family, and Youth Committee is responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central jurisdiction, heads of agencies, and leaders of organizations and individuals are responsible for implementing this Decree.