POPULATION ORDINANCE

(No. 06/2003/PL-UBTVQH11)

Population constitutes one of the factors decisive to the sustainable development of the country;

In order to raise the responsibilities of citizens, the State and society in the population work; to protect the rights and legitimate interests of citizens; to enhance and unify the State management over population;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the 10th National Assembly at its 10th session;

Pursuant to Resolution No. 12/2002/QH11 of December 16, 2002 of the 11th National Assembly, its second session, on the Law- and Ordinance-Making Programs of the 11th National Assembly throughout its tenure (2002-2007) and for 2003;

This Ordinance provides for population.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Ordinance provides for the population size, population structure, population distribution, population quality, and measures to perform the population work and the State management over population.

2. This Ordinance shall apply to State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people’s armed force units and all Vietnamese citizens (hereinafter referred collectively to as agencies, organizations and individuals); foreign organizations operating in the territory of Vietnam and foreigners permanently residing in the territory of Vietnam, unless otherwise prescribed by the international agreements which Vietnam has signed or acceded to.

Article 2. Principles of the population work

1. To protect the legitimate rights and interests of agencies, organizations and individuals in the population field in conformity with socio-economic development, the quality of life of individuals, families and the entire society.

2. To guarantee the initiative, voluntariness and equality of each individual and family in birth control, reproductive health care, selection of residential places, and application of measures to raise the population quality.

3. To harmonize the rights and interests of individuals and families with the interests of communities and the whole society; to build families with few children, which are prosperous, equal, progressive, happy and sustainable.

Article 3. Interpretation of terms

In this Ordinance, the following words and phrases are construed as follows:

1. Population means an aggregation of people living in a country, a region, a geo-economic area or an administrative unit.

2. Population size means the number of people living in a country, a region, a geo-economic area or an administrative unit at a certain time.

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

4. Aged population structure means a population where the aged represent a high proportion.

5. Population distribution means the distribution of the total population by region, geo-economic area or administrative unit.

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

7. Migration means the movement of population from one country to another for residence, from one administrative unit to another for residence.

8. Reproductive health means the demonstration of physical, spiritual and social states related to the reproductive activity and function of each person.

9. Family planning means the State’s and society’s efforts to enable every individual and couple to actively and voluntarily decide on the number of children, the time to have babies and the duration between child births in order to protect their health and raise their children with a sense of responsibility and in conformity with social standards and families living conditions.

10. Population work means the management and organization of implementation of activities affecting the population size, population structure, population distribution and raising the population quality.

11. Human development indexes are general data used for evaluating the level of human development, determined through average life expectancy, educational level and average per capita income.

12. The replacement birth rate means the average birth rate in the whole society, thereby each couple should have two children.

13. Population services means activities in service of the population work, including information supply, propagation, education, mobilization, guidance and counseling on population (hereinafter referred collectively to as propagation and counseling); provision of measures for reproductive healthcare, family planning, raising the population quality, and other activities as prescribed by law.

14. Population registration means the collection and updating of basic population-related information on each inhabitant according to each period of time.

15. The national database on population means a system of information collected through population registration of all inhabitants, and set up on the computerized network.

Article 4. Rights and obligations of citizens regarding the population work

1. Citizens shall have the following rights:

a/ To be supplied with information on population;

b/ To be provided with quality, convenient, safe and secret population services as prescribed by law;

c/ To select measures to take care of reproductive health, practice family planning, and raise the population quality;

d/ To select appropriate residential places according to law provisions;

2. Citizens shall have the following obligations:

a/ To practice family planning; build families with few children, which are prosperous, equal, progressive, happy and sustainable;

b/ To take appropriate measures to raise the physical, intellectual and spiritual abilities of their own and of their family members;

c/ To respect the interests of the State, society and community in readjusting the population size, population structure, population distribution, and raising the population quality;

d/ To abide by the provisions of this Ordinance and other law provisions pertaining to the population work.

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

1. The State shall adopt policies and measures to carry out the population work, socialize the population work, ensure favorable conditions for the population work in compatibility with the national socio-economic development.

2. The State shall adopt policies to encourage organizations and individuals to invest in, cooperate on, assist and support the reproductive health care and family planning and population quality improvement programs, give priority to the poor, ethnic minority people as well as areas with exceptionally difficult socio-economic conditions and areas with difficult socio-economic conditions.

3. The State management agencies in charge of population shall have to direct the implementation of the population work, coordinate with Vietnam Fatherland Front and its member organizations in implementing the population work, inspecting and supervising the implementation of the population legislation.

4. Agencies and organizations shall, within the scope of their respective tasks and powers, have to:

a/ Integrate population elements into the socio-economic development planning, plans and policies;

b/ Propagate and campaign for the implementation of the population work;

c/ Provide various population services;

d/ Organize the implementation of the population legislation within their own agencies and organizations.

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

Vietnam Fatherland Front and mass organizations shall have to:

1. Contribute comments on the formulation of population policies, plannings and plans, and legal documents on population;

2. Organize the population work in their respective systems;

3. Propagate among their members and mobilize them to implement the population legislation.

4. Supervise the implementation of the population legislation.

Article 7. Prohibited acts

The following acts are strictly prohibited:

1. Obstructing or forcing the practice of family planning;

2. Selecting the gender of unborn babies in any form;

3. Producing, dealing in, importing and supplying contraceptive devices which are faked, fail to satisfy quality standards, have their use duration expired, or have not yet been permitted for circulation;

4. Illegally migrating and residing;

5. Propagating, disseminating or issuing information contrary to the population policy, fine national ethics, adversely affecting the population work and social life;

6. Human cloning.

Chapter II

POPULATION SIZE, STRUCTURE AND DISTRIBUTION

Section 1

 POPULATION SIZE

Article 8. Readjustment of the population size

1. The State shall readjust the population size compatible with the socio-economic development, natural resources and environment through socio-economic development, reproductive health care and family planning programs and projects so as to readjust the birth rate and stabilize the population size at a reasonable level.

2. Agencies and organizations shall, within the scope of their respective tasks and powers, be responsible for reproductive health care and family planning programs and projects. The People’s Councils and People’s Committees at all levels shall be responsible for reproductive health care and family planning programs and projects in their respective localities.

Article 9. Family planning

1. Family planning constitutes a prime measure to readjust the birthrate, contributing to ensuring a prosperous, equitable, progressive and happy life.

2. Family planning-practicing measures include:

a/ Propagating, mobilizing and assisting, ensuring that each individual and couple to apply family planning actively and voluntarily;

b/ Providing quality, convenient and safe family planning services directly for people;

c/ Offering material and moral incentives, implementing insurance policies so as to create a motive force for pushing up extensive and intensive application of family planning among people.

3. The State shall support and create favorable conditions for the implementation of family planning programs and projects, giving priority to areas with exceptionally difficult socio-economic conditions or with difficult socio-economic conditions, to the poor, persons meeting with difficulties, and minors.

Article 10. Rights and obligations of each couple or individual in the practice of family planning

1. Each couple or individual shall have the rights to:

a/ Decide on the time to have babies, the number of children and the duration between child births suitable to their age, health, study, laboring or working conditions, incomes, and raise their children on the basis of equality;

b/ Select and apply family planning measures.

2. Each couple and individual shall have the obligations to:

a/ Use methods of contraception;

b/ Protect their health, apply measures to prevent and avoid reproductively infectious diseases as well as sexually transmitted diseases, HIV/AIDS;

c/ Fulfill other obligations related to reproductive health care and family planning.

Article 11. Propagating and counseling on family planning

1. The State management agencies in charge of population shall have to work out programs for, and contents of, propagation and counseling on family planning; coordinate with other agencies, organizations and individuals in organizing the propagation and counseling on family planning.

2. Agencies, organizations and individuals shall be entitled to receive information on, participate in propagating and counseling on, the practice of family planning.

3. The information and propagation agencies shall have to propagate and disseminate the legislation on population and family planning. The contents and forms of propagation must be suitable and easily understandable to each target group.

Article 12. Provision of family planning services

1. The State shall encourage organizations and individuals to participate in producing, importing and supplying contraceptive devices and providing family planning services according to law provisions.

2. Organizations and individuals supplying contraceptive devices and providing family planning services shall have to ensure the quality of devices and services using safe and convenient techniques; monitor and remedy side-effects and undesirable incidents (if any) for users.

Section 2

 POPULATION STRUCTURE

Article 13. Readjustment of the population structure

1. The State shall readjust the population structure in order to ensure a reasonable population structure in terms of gender, age, educational level, profession and other characteristics; protect and create conditions for ethnic minority groups to develop.

2. The population structure shall be readjusted through socio-economic development programs and projects in the whole country and in each locality. The State shall adopt policies while agencies and organizations shall take measures to develop social services suitable to the aged population structure in future.

Article 14. Ensuring a reasonable population structure

1. The State shall adopt necessary policies and measures to prevent the selection of unborn babies’ gender so as to ensure gender equilibrium according to natural reproduction law; readjust the birth rate in order to have a reasonable age-gender population structure.

2. The State shall implement socio-economic development, scientific and technical, vocational training and labor employment policies suitable to the gender, age, ethnicity and socio-economic development in each locality.

3. Agencies and organizations responsible for formulating socio-economic development policies and plans shall have to ensure balances in gender, age and production and business lines in each region, each eco-geographical area and each administrative unit.

Article 15. Protection of ethnic minority groups

1. The State shall adopt policies and measures to provide material and spiritual assistance and support for ethnic minority people in areas with exceptionally difficult socio-economic conditions and with difficult socio-economic conditions through socio-economic development, hunger elimination and poverty alleviation programs and projects, satisfy their demands for reproductive health care, family planning, and population quality-raising services.

2. Agencies, organizations and individuals, shall, within the scope of their respective tasks and powers, have to propagate, counsel, guide and help ethnic minority groups in the protection and care of reproductive health, and family planing.

Section 3

 POPULATION DISTRIBUTION

Article 16.  Rational population distribution

1. The State shall effect rational population distribution among different regions, geo-economic areas and administrative units through programs and projects on tapping land and natural resource potentials so as to bring into play the strengths of each locality for socio-economic development and security and defense maintenance.

2. Competent State agencies shall have to work out population distribution plannings and plans suitable to different regions, geo-economic areas as well as administrative units, giving priority to investment in areas with exceptionally difficult socio-economic conditions and with difficult socio-economic conditions, where population density remains low, in order to create jobs and good living conditions for attracting labor.

Article 17. Distribution of rural population

1. The State shall adopt policies to encourage comprehensive development, economic restructuring, industrialization and modernization in rural areas and in agriculture, narrowing the development gap between different regions so as to reduce the motive force for migration to urban centers.

2. The People’s Committees at all levels shall, within the scope of their respective tasks and powers, have to implement programs and projects on lending capital, creating jobs, generating incomes and building new economic zones, as well as sedentarization policies to stabilize the life of ethnic minority groups, restricting nomadic farming and living as well as spontaneous migration.

Article 18. Distribution of urban population

1. The State shall adopt necessary policies and measures to restrict the concentration of population in a few big cities; materialize the urban development planning in combination with building big, medium and small urban centers, creating conditions for rational population distribution.

2. The State shall adopt policies to encourage individuals, organizations, enterprises and employers in urban centers to create dwelling conditions for laborers coming from other localities.

3. The People’s Committees at all levels shall, within the scope of their respective tasks and powers, have to manage population, urban centers, and laborers coming from other localities.

Article 19. Domestic and international migration

1. The State shall create favorable conditions for domestic and international migration in accordance with the Vietnamese law and the laws of the countries where people emigrate to or immigrate from.

2. The People’s Committees at all levels shall implement socio-economic development policies to improve people’s life with a view to reducing the motive force for spontaneous migration; promptly settle spontaneous migration-related problems according to law provisions.

Chapter III

POPULATION QUALITY

Article 20. Raising of the population quality

1. To raise the population quality is the fundamental policy of the State for the cause of national development.

2. The State shall implement policies to raise the population quality physically, intellectually and spiritually in order to increase Vietnam’s human development indexes to the world’s advanced level, thus meeting the requirements of national industrialization and modernization.

Article 21. Measures to raise the population quality

The measures to raise the population quality include:

1. Ensuring fundamental human rights; the right to all-sided and equal physical, intellectual and spiritual development; supporting to raise basic indicators regarding height, weight and stamina; increasing average life expectancy; educational level as well as average per capita income.

2. Propagating, counseling and helping people to understand, actively and voluntarily take measures to raise the population quality;

3. Diversifying forms of provision of goods and public services, especially in the fields of education and health, with a view to improving the living quality and raising the population quality;

4. Implementing policies and measures to give support to areas with exceptionally difficult socio-economic conditions and with difficult socio-economic conditions, the poor, and persons meeting with difficulties, in order to raise the population quality.

Article 22. Responsibility to raise the population quality

1. The State shall encourage and create favorable conditions for organizations and individuals to apply measures to raise the population quality through programs and projects on socio-economic development, investment in technical infrastructure, building of the social welfare system, and protection of the ecological environment.

2. Agencies, organizations and individuals shall have to perform the work of health protection and physical training, raise the educational, intellectual and economic levels of development, and increase social welfare, preserve cultural and spiritual values, and protect the ecological environment.

3. The State management agencies in charge of population shall have to coordinate with concerned agencies and organizations in designing and implementing the model of raising the population quality in combination with developing sustainable families, and the model of intervening and raising the population quality in communities; supply information, propagate, counsel and help families and individuals to apply measures to raise the population quality.

4. Agencies, organizations and individuals shall be provided with information, guided and assisted in, and voluntarily apply, measures to raise the population quality.

Article 23. Reproduction-supporting measures

1. The State shall encourage and create conditions for men and women to have health checks before making marriage registration, have gene tests for people in danger of genetic defects or being affected with toxic chemicals; give counseling on hereditary genes; provide material and spiritual assistance for people with genetic defects, affected with toxic chemicals or infected with HIV/AIDS.

2. The State shall invest and encourage organizations and individuals to invest in building technical and material foundations in service of reproduction-supporting technology in order to assist sterile and sterilized people as well as people with demands therefore according to law provisions.

Article 24. Building of prosperous, equal, progressive, happy and sustainable families

1. The State shall adopt policies and measures to eliminate all forms of gender discrimination, discriminatory treatment between boys and girls, ensuring that women and men have the same interests and obligations in building prosperous, equal, progressive, happy and sustainable families.

2. The State shall adopt policies to encourage the preservation of multi-generation families; expand social services suitable to different family patterns, ensuring that every family member can enjoy benefits and fulfill all obligations.

3. Agencies, organizations and individuals shall have the duty to propagate, counsel and assist families to raise their material and spiritual life, and build a prosperous, equal, progressive, happy and stable life.

4. Family members shall have the duty to support one another in applying measures to take care of health, reproductive health, practice family planning, and raise the material and spiritual life for each member.

Article 25. Raising of the population quality for communities

The People’s Committees at all levels shall have to direct and organize the application of economic development measures, the provision of social services and assurance of social welfare in order to raise the population quality for communities in their respective localities.

Chapter IV

MEASURES TO IMPLEMENT THE POPULATION WORK

Article 26. Population development plannings and plans

1. The State shall incorporate population development plannings and plans into the national socio-economic development plannings and plans in order to ensure the population size, structure, quality and distribution suitable to the socio-economic development conditions, natural resources and environment.

2. The People’s Councils and People’s Committees at all levels shall incorporate population development plannings and plans into their local socio-economic development plannings and plans.

3. Agencies and organizations shall, within the scope of their respective tasks and powers, have to put planned norms for implementation of the population work into their operational, production and business development and/or service provision plans; periodically review and evaluate the implementation thereof.

Article 27. Socialization of the population work

The State shall socialize the population work by mobilizing all agencies, organizations and individuals to actively take part therein. Agencies, organizations and individuals taking part in the population work shall enjoy rights and benefits from the population work.

Article 28. Mobilization of resources for the population work

1. The State shall adopt policies and mechanisms to mobilize investment resources for the population work.

2. The population funds shall be set up at the central level and run by the State management agencies in charge of population.

3. The population funds shall be formed from the following sources: supports from the State budget, voluntary contributions from organizations and individuals inside and outside the country.

4. The mobilization and use of the population funds must comply with law provisions.

Article 29. Implementation of the population education

1. Population education shall be provided at educational establishments within the national education system.

2. The Ministry of Education and Training shall coordinate with the Committee for Population, Families and Children in directing and elaborating programs and textbook contents on population suitable to each educational grade and level.

3. Schools and other educational establishments shall have to organize teaching and learning according to the prescribed programs and textbooks.

Article 30. International cooperation in the population field

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

2. The scope of international cooperation covers:

a/ Formulating and implementing programs and projects in the population field;

b/ Participating in international organizations, signing and/or acceding to international agreements in the population field;

c/ Research into, application of sciences and transfer of modern technologies in the population field;

d/ Training, fostering, exchanging information and experiences in the population field;

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

4. International organizations and foreign associations engaged in the population work shall be allowed to operate in the territory of Vietnam according to the laws of Vietnam.

Article 31. Enhancing the capability of the contingent of officials engaged in the population work

1. The State shall adopt policies to build, develop, and create conditions for enhancing the capability of, the contingent of officials engaged in the population work at all levels, attaching importance to full-time officials and population collaborators at the grassroots level.

2. The People’s Committees at all levels shall have to create favorable conditions for population officials, stabilize the contingent of full-time officials and population collaborators at the grassroots level, suitable to the socio-economic characteristics of each locality.

Article 32. Scientific research into population

1. The State shall encourage and create favorable conditions for scientific research agencies, organizations and individuals to attach importance to research schemes to raise the population quality, especially in areas with exceptionally difficult socio-economic conditions and with difficult socio-economic conditions.

2. The State shall adopt policies to protect, popularize and apply the results of population researches to the socio-economic development programs and use them as a basis for making policies, plans and organizing the implementation of the population work.

3. Scientific research agencies and State management agencies in charge of population shall have to apply scientific and technological advances, raise the quality and efficiency of research schemes on population for application to the country’s actual socio-economic life.

Chapter V

STATE MANAGEMENT OVER POPULATION

Article 33. Contents of the State management over population

The contents of the State management over population include:

1. Formulating, organizing and directing the implementation of, strategies, plannings, plans and measures to implement the population work;

2. Promulgating legal documents on population and organizing the implementation thereof;

3. Organizing and coordinating the implementation of the population work among State agencies, mass organizations, other organizations, and individuals participating in the population work;

4. Managing and providing professional guidance on the organization of the State management apparatus and officials in charge of population;

5. Organizing and managing the collection, processing, exploitation and archival of information and data on population; the population registration and the national database on population; periodical censuses;

6. Organizing and managing the training and fostering for officials and public employees engaged in the population work;

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

8. Organizing, managing and implementing the propagation and popularization of the population legislation among the people and mobilizing them to implement the population legislation;

9. Undertaking international cooperation in the population field;

10. Supervising, inspecting, settling complaints and denunciations, and handling violations of the population legislation.

Article 34. State management agencies in charge of population

1. The Government shall perform the unified State management over population.

2. The Committee for Population, Families and Children shall be responsible to the Government for performing the State management over population.

3. The ministries and the ministerial-level agencies shall, within the scope of their respective tasks and powers, have to perform the State management over population according to the Government’s assignment.

4. The Government shall specify the organizations, functions, tasks and powers of the State management agencies in charge of population and the responsibilities of the ministries and ministerial-level agencies for coordinating with the Committee for Population, Families and Children in performing the State management over population.

5. The People’s Committees at all levels shall perform the State management over population in their respective localities according to the Government’s assignment.

Article 35. Population registration and national database on population

1. The State shall organize, set up and manage the national database on population nationwide. The national database on population constitutes a national asset.

2. Agencies, organizations and individuals shall be obliged to supply full and accurate basic information on population, and be entitled to use information and data from the national database on population according to law provisions.

3. The setting up, management, exploitation, and supply of information from, the national database on population shall comply with law provisions.

4. The Government shall prescribe the process, procedures and contents for the population registration and national database on population.

Article 36. Complaints and denunciations

Complaints about and denunciations against violations of the population legislation as well as the settlement thereof shall comply with the law provisions on complaints and denunciations.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 37.

1. Agencies, organizations and individuals that make achievements in the population work shall be commended and/or rewarded according to law provisions.

2. Agencies, organizations and population communities shall apply measures to encourage, commend and/or reward individuals and families that well perform the population work.

Article 38. Handling of violations

1. Those who violate the provisions of this Ordinance and other law provisions related to the population work shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing any damage, they must pay compensation therefore according to law provisions.

2. Those who abuse their positions and powers to violate the provisions of this Ordinance and other law provisions related to the population work shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing any damage, they must pay compensation therefore according to law provisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 39. Effect of the Ordinance

This Ordinance takes effect as from May 1, 2003.

All previous provisions contrary to this Ordinance are hereby annulled.

Article 40. Detailing and guiding of implementation

The Government shall detail and guide the implementation of this Ordinance.