In 2020, Will a Public Employee Giving Birth to a Third Child Be Disciplined?

I am a teacher, and I recently gave birth to my third child on February 8, 2020. I have not yet been summoned by the district disciplinary council. Therefore, in my case, if classified as a public employee who has not fulfilled their duties, would it apply to the 2019-2020 school year or the following school year?

Article 4 of Decree 27/2012/ND-CP stipulates that public employees are subject to disciplinary action when committing legal violations in the following cases:

  1. Violations of obligations of public employees and actions that public employees are prohibited from performing as stipulated in the Law on Public Employees;

  2. Violations of other obligations committed in the signed employment contract with the public service provider;

  3. Violations of the law resulting in a conviction by a court with a legally effective judgment;

  4. Violations of legal provisions on anti-corruption; practicing thrift and combating wastefulness; gender equality; prevention of social evils and other legal provisions related to public employees but not to the extent of being prosecuted for criminal liability.

Currently, public employees are not prohibited from having a third child and there are no regulations imposing penalties on public employees for having a third child. Additionally, Decree 27/2012/ND-CP does not mention disciplinary action against teachers for having a third child.

According to Clause 1, Article 28 of Decree 56/2015/ND-CP: Public employees not holding managerial positions are classified as not completing tasks if they meet one of the following criteria:

- Completing less than 70% of the work or duties according to the signed employment contract;

- Not strictly complying with work assignments from authorized persons; lacking responsibility in performing assigned duties;

- Performing work or tasks that do not meet requirements;

- Violating professional, procedural, and occupational regulations;

- Violating the code of conduct and professional ethics of public employees, causing inconvenience or harassment to the public to the extent of disciplinary action;

- Engaging in actions that cause internal division and loss of unity within the organization or unit;

- Lacking cooperation with colleagues, the organization, or related units during duty performance to the extent that it affects the unit’s operational results;

- Violating discipline and the law during duty performance to the extent of disciplinary action.

Based on these regulations, this case is not evaluated as not completing tasks.

However, if you are a Communist Party member, you may be subject to party disciplinary action (in the form of a reprimand). If a Communist Party member has a third child and is disciplined within the year, they will be assessed as not completing tasks within the Communist Party.

Regarding the issue of Communist Party members having a third child being evaluated as not completing tasks? You can refer to:

Sincerely!

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