Vietnam is currently experiencing a demographic dividend, creating significant advantages for socio-economic development.
According to the Ministry of Health , from 2006 to 2021, Vietnam achieved and maintained replacement fertility levels; maintained an appropriate population growth rate; and the population size is projected to reach over 101 million people in 2024. Vietnam is currently in a demographic dividend, creating significant advantages for socio-economic development; population distribution has become more rational; the quality of the population and the Human Development Index (HDI) are constantly improving; and the average life expectancy of Vietnamese people is increasing. This result is an important prerequisite for shifting population policy from family planning to population and development.
After reviewing relevant legal documents, the Ministry of Health found that many regulations related to population work are not consistent with the current legal system and do not meet the requirements of practice, specifically as follows:
Firstly , some provisions in the Population Ordinance are no longer consistent with the Constitution, such as the provision restricting the right to decide the number of children (Article 10).
Secondly , some provisions in the Population Ordinance are no longer consistent with current legal documents or have been codified in existing laws, such as the provision on restricting population concentration in certain large cities (Article 18 of the Ordinance).
Thirdly , some provisions of population law are no longer suitable for the current situation and do not meet the requirements of population work in the new context, such as: regulations limiting the number of children (each couple should have one or two children); insufficient incentives (housing, healthcare, education, taxes, working hours, maternity leave and childcare...); and low, disproportionate penalties.
The current demographic situation in Vietnam has given rise to serious problems that need to be addressed promptly.
The national fertility rate is trending downwards, falling below the replacement level, from 2.11 children per woman (2021) to 2.01 children per woman (2022), 1.96 children per woman (2023), and 1.91 children per woman (2024) - the lowest in history and projected to continue falling in the following years (if the fertility rate continues to decline, Vietnam will end its demographic dividend by 2039, the working-age population will peak in 2042, and after 2054 the population will begin to experience negative growth).
Gender imbalance at birth has become a challenge: In 2006, the sex ratio at birth was 109.8 boys per 100 live-born girls – exceeding the natural balance (103-107); in 2015 it was 112.8, and in 2024 it is projected to be 111.4. Thus, the sex ratio at birth remains consistently high. It is projected that if the sex ratio at birth remains at its current level, Vietnam will have an excess of 1.5 million men aged 15-49 by 2039 and this number will increase to 2.5 million by 2059. This will lead to the risk of disrupting family structures, with some men marrying later or being unable to marry, increasing trafficking of women and girls, prostitution, gender-based violence, and transnational crime. There are still no comprehensive solutions to adapt to population aging and the aging population. Healthcare services for the elderly are limited. The quality of the population does not yet meet the requirements.
The Ministry of Health stated that from 2016 to the present, investment resources for population and development have been low and not commensurate with the needs. During the 2011-2015 period, the amount was approximately 740 billion VND per year, while during the 2016-2020 period it dropped to less than 360 billion VND per year. From 2021 to the present, after the completion of the Health and Population Target Program (2021-2023), although the actual average need reached 800 billion VND per year, localities only allocated about 95 billion VND per year and the central government only ensured about 25 billion VND per year (meeting only 15% of the needs).
Shifting the focus of population policy from family planning to population and development.
The Ministry of Health stated that, regarding the scope of regulation, the draft Law on Population institutionalizes Resolution 21-NQ/TW, focusing on shifting the main focus of population policy from family planning to population and development, with the following specific contents:
Regarding population size: Regulations stipulate measures to maintain replacement fertility rates; regulations define the rights and obligations of each couple and individual in having children, allowing couples and individuals to decide the timing of childbirth, the number of children, and the spacing between births. Continuing to inherit the provisions of the 2003 Population Ordinance on population size that are still relevant to socio-economic conditions: Regulations on adjusting population size; family planning; dissemination and counseling on family planning; and provision of family planning services.
Regarding population structure: Regulations should be implemented to minimize sex selection of fetuses, ensuring a balanced sex ratio at birth according to natural reproductive laws; effectively utilizing the advantages of the demographic dividend period; and adapting to population aging and an elderly population.
Regarding improving the quality of the population: Regulations stipulate measures for pre-marital and pre-natal counseling and health check-ups; prenatal and neonatal screening, diagnosis, and treatment; and building prosperous, equal, progressive, happy, and civilized families.
Regarding measures for implementing population work: Regulations cover measures related to propaganda, mobilization, communication, and education; measures concerning human resources, finance, scientific research, and international cooperation; and measures for integrating population factors into socio-economic development plans. The provisions of the 2003 Population Ordinance on population distribution will continue to be inherited.
Regarding state management and the responsibilities of agencies, organizations, families, and individuals concerning population work: This regulation specifies the contents of state management of population work; the responsibilities of the Government, the Ministry of Health, and relevant agencies and organizations in state management of population work; and the responsibilities of families and individuals regarding population work.
In addition to the provisions regulated in the Population Law, population issues aimed at institutionalizing Resolution 21-NQ/TW are currently regulated by related laws (Law on Marriage and Family, Law on the Elderly, Law on Gender Equality, Law on Children, Law on Youth, Law on Medical Examination and Treatment, etc.). Currently, the Ministry of Health is developing a draft Law on Disease Prevention, which includes policies on ensuring nutrition in disease prevention. This draft proposes solutions to ensure proper nutrition throughout the life cycle and for different target groups, contributing to improving the stature and physical fitness of Vietnamese people. Therefore, to ensure the consistency and uniformity of the legal system, the Population Law will not amend the provisions already stipulated in the aforementioned laws.
Regarding its scope of application , the Population Law applies to Vietnamese citizens; people of Vietnamese origin whose nationality is not yet determined and who are living in Vietnam; domestic agencies and organizations; and foreign agencies, organizations, and individuals involved in population work in Vietnam.
Structure of the draft Population Law
The draft Population Law consists of 6 chapters and 35 articles, structured as follows:
Chapter I. General Provisions (Articles 1 to 6); specifies the scope of application, definitions of terms, implementation principles, state policies, Vietnam Population Day, and prohibited acts.
Chapter II. Population size, structure, and distribution (from Article 7 to Article 14); stipulates measures to regulate birth rates, family planning, rights and obligations of individuals, measures to maintain replacement birth rates, control gender imbalance at birth, and rational population distribution between rural and urban areas.
Chapter III. Improving the quality of the population (from Article 15 to Article 19); regulations on pre-marital counseling and health check-ups; prenatal and neonatal screening, diagnosis, and treatment; building civilized families; developing a network of care and human resources for caring for the elderly.
Chapter IV. Measures for implementing population work (from Article 20 to Article 30); includes 3 sections: propaganda and mobilization, resources - finance - international cooperation, and integrating population factors into socio-economic development plans.
Chapter V. State management and responsibilities of agencies, organizations, families, and individuals regarding population work (from Article 31 to Article 34); defining the content and responsibilities of state management from the central to local levels and the roles of political and social organizations and individuals.
Chapter VI. Enforcement Provisions (Article 35); stipulates the effective date and amendments to relevant legal documents to ensure consistency within the legal system.
Source: https://baochinhphu.vn/du-thao-luat-dan-so-102250526110202723.htm
Comment (0)