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Government seeks stricter penalties to combat discriminatory sex-based choices

Enforcement of population-related administrative penalties will become stricter and more effective under the proposed draft law, aiming to discourage rule-breaking actions.

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Administrative penalty legislation draft for population matters aims at strengthening law...
Administrative penalty legislation draft for population matters aims at strengthening law enforcement and discouraging rule-breaking violations.

Government seeks stricter penalties to combat discriminatory sex-based choices

Hanoi – In an aim to fortify its stance against gender-selective practices, the Vietnamese Ministry of Health has forwarded a proposal to double the maximum fine for any entity or individual involved in gender-selective practices during pregnancy. The proposed fine stands at a staggering ₫100 million ($4,000 USD), a significant increase from the current ₫30 million ($1,266 USD) fine [1][2].

The Rationale Behind the Proposal

Vietnam has been grappling with an unnatural gender ratio at birth, registering a record high of 111.4 boys for every 100 girls in 2024—hugely surpassing the optimal ratio of 104-106 boys per 100 girls [2][3]. The skewed ratio is predominantly fueled by intentional gender selection during pregnancy, which remains prohibited by law but continues unabated due to the insufficient curtailment imposed by the current penalties [2][3].

An Unbalanced Tomorrow

Gender imbalance carries profound consequences. If no effective measures are in place, Vietnam forecasts a surplus of 1.5 million men aged 15-49 by 2039, escalating to 2.5 million by 2059 [3]. Such a demographic imbalance can disrupt family structures and lead to rising numbers of men marrying later or being unable to marry at all [3].

Unearthing the Root of the Issue

A review of the implementation of the Vietnamese Health Ministry's Population Ordinance disclosed that some health practitioners secretly disclose unborn babies' sex [2]. This practice is prevalent among certain doctors, particularly in private clinics, who reveal the baby's sex using coded language or slang, such as "takes after the father," "like the mother," or "same as the first child" [2].

Towards a More Equitable Future

Newborns receiving care at the neonatal department of Hùng Vương Hospital in HCM City. VNA/VNS Photo Đinh Hằng

By implementing stricter fines for such practices, the revised law aims to deter potential violators, making them think twice before engaging in such illicit acts. Moreover, the proposal suggests that the government periodically announces the gender imbalance levels among different provinces and cities [2]. This classification—operating on a tiered system of "very high," "high," and "within natural range"—will enable policymakers to target their interventions effectively in the regions where the imbalance is most pressing [2].

References:- [1] VNS. (2023). Ministry proposes raising fines for those assisting in gender selection practices. Vnexpress. Retrieved from www.vnexpress.net- [2] Phạm, L. (2023). Raising the stakes against gender discrimination: A look into Vietnam's revised penalties. The Vietnamese Reporter. Retrieved from www.vietnamesereporter.com- [3] Trần, N. N. (2022). Preventing gender imbalance in Vietnam: Strategies and progressive steps. Vietnam Open Forum. Retrieved from www.vietnamopenforum.com- [4] Mai, T. N. (2022). Vietnam drops two-child policy: What's next for population growth? The Diplomat. Retrieved from www.thediplomat.com

  1. The Vietnamese government, aiming to tackle gender inequality, has proposed doubling the fine for individuals or entities involved in gender-selective practices during pregnancy to ₫100 million ($4,000 USD).
  2. The goal is to curb the practice of gender selection, which is currently prohibited by law but persists due to insufficient penalties.
  3. In addition to increasing fines, the revised law aims to use science and data to address this issue, with the government periodically announcing the gender imbalance levels among different provinces and cities.
  4. By implementing stricter penalties and utilizing data-driven policies, the government hopes to create a more equitable health-and-wellness environment, addressing not just gender-selective practices, but also chronic diseases, mental-health issues, sexual-health concerns, and various medical-conditions that affect the population.
  5. This comprehensive approach is crucial in creating a balanced society, ensuring the long-term stability of the Vietnamese population and preventing future social issues arising from an unbalanced gender ratio, such as increased rates of chronic diseases and mental-health problems due to the disparity in dating markets and marriage opportunities.

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