Ministry of Health proposes to loosen the regulation 'each couple can only have 2 children'

The Ministry of Health proposes to regulate that couples and individuals have the right to decide on the timing of childbirth, birth spacing and number of children. The State encourages couples and individuals to have only 2 children, and regulates policies in each period, region, province and city to maintain the replacement birth rate and regulate a reasonable birth rate nationwide.

The Ministry of Health has proposed regulations that allow couples and individuals to decide on the timing of childbirth, birth spacing, and number of children. (Illustration photo)

The Ministry of Justice is preparing to hold a meeting with representatives of relevant ministries and branches to advise on the Ministry of Health's proposal to draft the Population Law.

In the document sent to the Ministry of Justice for appraisal of this bill, the Ministry of Health affirmed that the current Population Ordinance still has many limitations and shortcomings that need to be supplemented and amended accordingly.

Vietnam has signed to become a member of a number of international treaties closely related to human rights and reproductive rights, all of which emphasize equal freedom and responsibility when deciding on the number of children and the spacing between births.

Meanwhile, the 2003 revised Population Ordinance stipulates a “mandatory” number of children for each couple and individual to “give birth to 1 or 2 children, except in special cases prescribed by the Government”. Article 17 of Decree No. 104/2003 of the Government also stipulates that each couple and individual has the obligation to: “Implement a small family size - with 1 or 2 children, prosperous, equal, progressive, happy and sustainable”.

The Ministry of Health calculates that the number of elderly people will increase rapidly in the next 20 years, from about 11 people for every elderly person in 2010 to 1 elderly person for every 6 people in 2029. The transition time from "population aging" to "aged population" in Vietnam is only about 18 years, much shorter than in developed countries.

Population size no more than 98 million people in 2020

The Ministry of Health cited that from 2006 to present, Vietnam has maintained a stable total fertility rate of around 2-2.1 children. Although the population growth rate has improved (increasing by about 1.5 million people/year, down to over 900,000 people/year), it is still the 14th most populous country in the world, 8th in Asia, and 3rd in Southeast Asia.

In the coming time, the birth rate is likely to fluctuate unpredictably: The birth rate will increase again or continue to decrease to a very low level as some countries have encountered; the birth rate is maintained at the replacement level with appropriate and effective adjustment measures and policies.

Therefore, the policy goal that the Ministry of Health desires is to maintain the replacement fertility rate and regulate the birth rate reasonably to ensure the population size does not exceed 98 million people by 2020, creating a solid foundation to stabilize the population size at 115-120 million people from the middle of the 21st century.

Regarding the regulation on the number of children to establish the rights and obligations of each couple and individual in implementing family planning, the Ministry of Health offers two options.

Option 1:Couples and individuals have the right to decide responsibly on the timing of childbirth, birth spacing and number of children. The State encourages couples and individuals to have only 2 children, prescribes policies and measures in each period, each region, province and city to maintain the replacement level of fertility and regulate a reasonable fertility rate nationwide, reduce fertility in provinces and cities with high fertility rates; maintain the results achieved in provinces and cities that have reached the replacement level of fertility; encourage each couple to have 2 children in places with low fertility rates.

Option 2:Continue to regulate as currently so that couples and individuals have the right and obligation to decide voluntarily, equally and responsibly on the time and spacing of children. Have 1 or 2 children, except in special cases stipulated by the Government. Regulate policies and measures in each period, each region, province and city to maintain the replacement fertility rate and regulate a reasonable fertility rate nationwide, reduce fertility in provinces and cities with high fertility rates; maintain the results achieved in provinces and cities that have reached the replacement fertility rate; encourage each couple to have 2 children in places with low fertility rates.

Both of the above options have certain advantages and disadvantages, so whichever option is chosen, there must be measures to overcome the disadvantages and subsequent consequences.

However, according to the Ministry of Health, experience from countries around the world shows that when reaching the replacement level of fertility, if birth control measures are slowly relaxed, the fertility rate will drop to a very low level, difficult to raise, and population decline will leave adverse consequences for the socio-economy and sustainable development in the future.

Currently, Japan and South Korea are trying to implement measures to promote birth control, but it is very difficult; China is also gradually loosening its one-child policy to one and a half or two-child policy...

The Ministry of Health chose option 1 to regulate reproductive rights because overcoming the disadvantages would be more convenient than the option of specifically regulating the number of children.

Abortion must have conditions

Regulations related to abortion also give lawmakers a headache. The Ministry of Health proposed two options.

Option 1, stipulates that women have the right to have an abortion according to their wishes, except in cases of abortion for gender-selective reasons or abortion that seriously affects the health of the person having the abortion.

Option 2, stipulates that women have the right to have abortions according to their wishes, except in cases of abortion for reasons of gender selection or abortions that cause serious consequences to the health of the person having the abortion. Limit abortions from 12 weeks of age or older, except in some cases such as to save the life of the woman when the pregnancy is life-threatening, due to abnormal pregnancy, congenital malformations that may affect the life of the child later to ensure the health of the person having the abortion. Consider adding conditional abortions such as having a written commitment to voluntarily have an abortion, having personal identification papers.

The agency proposing the drafting of the Population Law said that the laws of countries around the world are also very different, some countries prohibit abortion, some countries allow abortion freely, some countries allow abortion with conditions. In many countries, abortion is an issue with many complex controversial contents.

Basically, the two options mentioned above are the same in terms of prohibiting abortion for reasons of choosing the sex of the fetus, abortion causing serious consequences for the health of the person having the abortion. Option 2 has some additional conditions allowing abortion only from 12 weeks of age or older in some cases.

The Ministry of Health finds that conditional abortion is applied by many countries with different conditions depending on each country, but it has the effect of reducing the opposing pressure between the group of countries that prohibit abortion and the group of countries that allow free abortion. Prohibiting abortion for reasons of gender selection or abortion that seriously affects the health of the person having the abortion is applicable, the specific conditions will continue to be considered reasonably to ensure that the conditions do not hinder the implementation of human rights but bring the best benefits to women, families and society.

According to Dantri