In what form will public employees who give birth to a third child be disciplined in Vietnam?

In what form will public employees who give birth to a third child be disciplined in Vietnam?

Pursuant to Article 16 of Decree 112/2020/ND-CP stipulating application of disciplinary measures and reprimands for public employees as follows:

The disciplinary form of reprimand applies to first-time violations, causing less serious consequences, except for violations specified in Clause 3, Article 17 of this Decree, in one of the following cases:

1. Failing to comply with professional procedures, regulations, professional ethics and codes of conduct while performing professional activities, as has been reminded in writing by a competent authority;

2. Violating the provisions of law on: performing the responsibilities and duties of public employees; labor discipline; regulations, internal rules, and working regulations of public service units that have been reminded in writing by competent authorities;

3. Taking advantage of working position for personal gain; having a bossy, authoritative attitude or causing difficulties and troubles for people in the process of performing assigned work and tasks; confirm or issue legal documents to ineligible persons; insulting the honor, dignity, and reputation of others while performing professional activities;

4. Failing to comply with work assignment decisions of competent authorities; Failing to perform assigned tasks without a legitimate reason; causing disunity within the unit;

5. Violating the provisions of law on: crime prevention and control; Prevention of social evils; safety and order of society; Anti-corruption; practice thrift and combat waste;

6. Violating the law on protecting state secrets;

7. Violating legal regulations on complaints and denunciations;

8. Violating legal regulations on: investment and construction; land, environmental resources; finance, accounting, banking; management and use of public assets during professional activities;

9. Violating legal regulations on: prevention and control of domestic violence; population, marriage and family; gender equality; Social Security; Other provisions of law related to public employees.

Thus, according to the above regulations in Vietnam, a public employee who gives birth to a third child will be disciplined in the form of a reprimand. If your parents had a third child, your father would be reprimanded by the hospital.

In what form will public employees who give birth to a third child be disciplined in Vietnam? (Image from the Internet)

Is there any case where public employees give birth to a third child without being disciplined in Vietnam?

Article 10 of the 2003 Population Ordinance, amended by Article 1 of Ordinance 08/2008/PL-UBTVQH12, stipulates the rights and obligations of each couple or individual in carrying out the movement for population and family planning and reproductive healthcare as follows:

To decide on the time to have babies and the interval between child births:

To have one child or two children, except particular cases stipulated by the Government;

To protect their health, apply measures to prevent reproductively infectious diseases, sexually transmitted diseases and HIV/AIDS and fulfill other obligations related to reproductive health.

According to Article 2 of Decree 20/2010/ND-CP amended by Article 1 of Decree 18/2011/ND-CP, it stipulates cases in which the limit of having one child or two children is not violated:

1. A couple, one or both of whom belongs/ belong to an ethnic minority group with a population of under 10,000 or in danger of population decline (the birthrate is lower than or equal to the mortality rate) as officially announced by the Ministry of Planning and Investment, give birth to their third child.

2. A couple who have three or more children at their first birth.

3. A couple who already have one natural child and then have two or more children at their second birth.

4. A couple who have only one alive natural child, including a child already adopted by others, at the time of giving birth to their third or subsequent child.

5. A couple with two children one or both of whom suffers/suffer a non-hereditary malformation or fatal disease certified by a provincial- or central-level medical assessment council, give birth to their third child.

6. For a couple who already have their own children:

a/ They may have between them one child or two children, if either of them already has his/her own child (children);

b/ They may have between them one child or two children or more in the same birth, if both of them already have their own children. This provision is not applicable to a couple having two or more common children who are currently alive.

7. An unmarried woman who gives birth to one child or two or more children at the same birth.

Therefore, if a public employee falls into the legal cases mentioned above, he or she will be disciplined for having a third child in Vietnam.

Best regards!