Vietnam: Which cases of childbirth are not considered violations of the population and family planning policies for the CPV members?
- Vietnam: Which cases of childbirth are not considered violations of the population and family planning policies for the CPV members?
- How long is the statute of limitations for disciplining CPV members who violate population policy regulations?
- What are the criteria, conditions, and competence for re-admission to the party for CPV members who have been removed from the party due to violations of population and family planning policies in Vietnam?
Vietnam: Which cases of childbirth are not considered violations of the population and family planning policies for the CPV members?
Pursuant to Article 2 of Regulation 05-QD/TW of 2018 of the Central Committee, which stipulates cases of childbirth that are not considered violations of the policy on population and family planning as follows:
- The couple has a third child if both or one of them belongs to an ethnic group with a population of fewer than 10,000 people or an ethnic group at risk of population decline (a rate less than or equal to the death rate) according to the announcement of the Ministry of Planning and Investment.
- The couple giving birth for the first time but having three or more children
- The couple had one biological child before having a second child and having two or more children.
- The couple gives birth for the third or subsequent time if there is only one biological child alive at the time of birth, including the biological child already adopted.
- The couple having a third child if they already have two biological children but one or both are malformed or have a fatal non-hereditary disease certified by the provincial or central medical assessment council.
- The couple has their own children (natural children):
+ Having one or two children, if one of them already has a child (natural child).
+ Having one or more children in the same birth if both parents have their own children (natural children). This provision does not apply to cases where two people have had two or more children together and the children are still alive.
- Unmarried women give birth to one, two, or more children in the same birth.
- Having third or more children before January 19, 1989 (the effective date of Council of Ministers Decision No. 162-HDBT, October 18, 1988, on a number of population and planning policies).
- If, as a result of an unwanted pregnancy, a third child is born, and family planning measures that seriously affect the mother's health are implemented (as certified by a district-level hospital or equivalent or higher),
Vietnam: Which cases of childbirth are not considered violations of the population and family planning policies for the CPV members?
How long is the statute of limitations for disciplining CPV members who violate population policy regulations?
Pursuant to Article 4, Regulation 69/QD-TW in 2022 stipulates as follows:
Time limit for discipline
1. The statute of limitations for discipline is the time limit specified in this Regulation, upon the expiration of which, the violating party organization or member shall not be disciplined.
2. The statute of limitations for discipline is counted from the time of the violation until the competent party organization concludes that the violation is serious enough to require disciplinary action. If the party organization or CPV member commits a new violation within the time limit specified at Points a and b of this Clause, the disciplinary statute of limitations for the old violation shall be recalculated from the time of occurrence of the new violation.
a) The statute of limitations for disciplining violating party organizations is as follows:
- 5 years (60 months) for violations to the extent that a reprimand is imposed.
- 10 years (120 months) for violations to the extent that a warning must be applied.
- Failure to apply the disciplinary statute of limitations for violations requiring disciplinary action; violations of internal politics; and national defense, security, and foreign affairs infringing on national interests.
b) The statute of limitations for disciplining CPV members in violation is as follows:
- 5 years (60 months) for violations to the extent that a reprimand is imposed.
- 10 years (120 months) in prison for violations that result in a warning or dismissal.
- Failure to apply the disciplinary statute of limitations for violations that require expulsion; internal political violations; national defense, security, or foreign affairs violations that jeopardize the nation's or nation's interests; and illegal use of diplomas, certificates, or certifications.
Thus, for acts of violating regulations on population policies that are disciplined and reprimanded, the statute of limitations for disciplinary action is 5 years. For violations of population policy regulations, they are disciplined. By means of warning or dismissal, the statute of limitations for disciplinary action is 10 years. The statute of limitations for discipline does not apply if you are disciplined by expulsion from the party.
What are the criteria, conditions, and competence for re-admission to the party for CPV members who have been removed from the party due to violations of population and family planning policies in Vietnam?
Pursuant to Article 4 of Regulation 05-QD/TW of 2018, which stipulates standards, conditions, and competence for re-admission into the party for CPV members who have been removed from the party due to violations of population and family planning policies in Vietnam are as follows:
- CPV members who have been removed from the Communist Party of Vietnam due to violations of the population and family planning policies may only be considered and re-admitted to the Communist Party of Vietnam when they fully meet the criteria and conditions prescribed by the Party's Charter and other regulations, the guidance of the Central Government, and the actual requirements of the Party building work of the localities and units;
- Being a reputable individual in the agency, unit, and residential community; being highly valued by the Party Committee at his workplace and residence; and the mass organizations of which he is a member for the performance of his assigned tasks, a sense of responsibility to the people, and must have a striving time of at least 24 months for the case of the violation of the third child or 36 months for the case of the violation of the fourth childbirth. from the date of being removed from the party to the date the cell meets to consider the application for admission to the party.
- Before the Standing Committee of the Party Committee, the re-admission of CPV members who were expelled from the Party due to violations of the Party's population and family planning policy must be approved in writing by the Standing Committee of the district-level Party Central Committee (or equivalent).
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