Is there any disciplinary action for Vietnam Communist Party members if they have an extramarital child with a married person?
Is there any disciplinary action for Vietnam Communist Party members if they have an extramarital child with a married person? - Mr. Hung (Hai Phong).
Who are Vietnam Communist Party members?
Pursuant to Article 1 of the Vietnam Communist Party Charter in 2011, Vietnam Communist Party members are:
1. The soldiers of the revolution in the vanguard of the working class, the working people, and the Vietnamese people, who devote their entire lives to the Party's goals and ideals, putting the interests of the Fatherland, the working class, and the working people above their own personal interests; strictly abide by the Political Platform, the Party Charter, the Party's resolutions, and the laws of the State; work hard and complete assigned tasks well; have a healthy moral character and lifestyle; closely associate with the people; obey the Party's organization and discipline, and maintain unity and solidarity within the Party.
2. Vietnamese citizens who are 18 years old or older; acknowledge and voluntarily: implement the Political Platform, the Party Charter, the standards and tasks of party members, and participate in a basic Party organization; through practice, prove to be outstanding, and are trusted by the people, may be considered for admission to the Party.
Therefore, members of the Vietnamese Communist Party are revolutionary soldiers in the vanguard of the working class, the working people, and the Vietnamese people, who devote their entire lives to the Party's goals and ideals, putting the interests of the Fatherland, the working class, and the working people above their own personal interests.
- Members of the Vietnamese Communist Party must:
+ Strictly abide by the Political Platform, the Party Charter, the Party's resolutions, and the laws of the State;
+ Work hard and complete assigned tasks well;
+ Have a healthy moral character and lifestyle;
+ Be closely associated with the people;
+ Obey the Party's organization and discipline, and maintain unity and solidarity within the Party.
- Vietnamese citizens who are 18 years old or older; acknowledge and voluntarily: implement the Political Platform, the Party Charter, the standards and tasks of party members, and participate in a basic Party organization; through practice, prove to be outstanding, and are trusted by the people, may be considered for admission to the Party.
Is there any disciplinary action for Vietnam Communist Party members if they have an extramarital child with a married person? - Source: Internet
Is it against the Law on Marriage and Family in Vietnam if the Vietnam Communist Party members have an extramarital child with a married person?
Pursuant to Article 2 of the Law on Marriage and Family in 2014 stipulating fundamental principles of the marriage and family regime as follows:
Fundamental principles of the marriage and family regime
1. Voluntary, progressive and monogamous marriage in which husband and wife are equal.
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Pursuant to Clause 7 Article 3 of the Law on Marriage and Family in 2014 stipulating as follows:
Interpretation of terms
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7. Cohabitation as husband and wife means a man and a woman’s organization of their living together and consideration of themselves as husband and wife.
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Pursuant to Subsection 7, Section 3 of the Guidance 05-HD/UBKTTW in 2022 on violations of marriage and family stipulating as follows:
Violation of marriage and family regulations (Article 51)
7.1. Having an illegitimate child with another person.
7.2. Refusing or refusing to cooperate to fulfill the obligation to confirm the relationship of consanguinity in accordance with the request of the competent Party organization.
Therefore, a Party member who has an extramarital child with a married person is considered to have violated the regulations on marriage and family.
Is there any disciplinary action for Vietnam Communist Party members if they have an extramarital child with a married person?
Pursuant to Subsection 7, Section 3 of the Guidance 05-HD/UBKTTW in 2022 on violations of marriage and family stipulating as follows:
Violation of marriage and family regulations (Article 51)
7.1. Having an illegitimate child with another person.
7.2. Refusing or refusing to cooperate to fulfill the obligation to confirm the relationship of consanguinity in accordance with the request of the competent Party organization.
As prescribed in Article 51 of the Regulation 69-QĐ/TW in 2022, the following disciplinary actions are stipulated for Vietnam Communist Party members who violate marriage and family regulations:
Violation of marriage and family regulations
1. If a Party member violates any of the following cases causing minor consequences, they shall be disciplined with a warning:
a) Intervening in marriage, divorce, or allowing child marriage.
b) Evading the obligation to care for and raise children, abusing the labor of underage children.
c) Obstructing a non-custodial parent from visiting their child after divorce (except in cases where the parents are restricted from visiting their child by a court decision).
d) Evading or failing to fulfill the guardianship obligation after having completed the guardianship recognition procedures at a competent authority under the law.
dd) Tampering with, distorting the contents, or forging documents to register for adoption.
e) Not registering for marriage or living with someone else as husband and wife while having a spouse.
g) Violating the law on surrogacy.
2. If a Party member has been disciplined under Clause 1 of this Article but has reoffended or committed the offense for the first time causing serious consequences or violated one of the following cases, they shall be disciplined with a reprimand or dismissal (if they have a position):
a) Violating the regulations on tampering with, distorting the contents, or forging documents to register for marriage.
b) Lacking responsibility, confirming the wrong marital status leading to others registering for an illegal or irregular marriage.
c) Making false statements or committing acts of deception when registering for marriage or giving or adopting a child; having a child with someone else while having a wife or husband.
3. If the violation of Clause 1 or Clause 2 of this Article causes very serious consequences or violates one of the following cases, they shall be disciplined with expulsion:
a) Violating regulations on prohibited marriages, violating the monogamous marriage system, affecting family happiness, and causing bad public opinion in society.
b) Coercing spouses or children to do things that are contrary to morality or the law but have not reached the level of criminal liability.
c) Refusing to perform or not performing the obligation to provide for parents, the obligation to provide for children after divorce in accordance with the law.
Therefore, in the case of a Party member who has an extramarital child with a married person, they may be subject to disciplinary action. The disciplinary action will depend on the nature and severity of the violation. The following disciplinary actions may be imposed:
- Warning
- Reprimand or dismissal (if they have a position)
- Expulsion from the Vietnam Communist Party
What are the fines for cohabitation with someone else while having a spouse in Vietnam?
Pursuant to Article 59 of the Decree 82/2020/NĐ-CP stipulating acts of violating regulations on marriage, divorce and violating the monogamous marriage regime as follows:
Acts of violating regulations on marriage, divorce and violating the monogamous marriage regime
1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Being married or having a husband but marrying someone else; being unmarried or unmarried but marrying someone who you clearly know is married or has a wife;
b) Cohabitation with someone else while having a spouse;
c) Unmarried but cohabitating with a married person;
d) Marriage or living together as husband and wife between a person who was once an adoptive father or mother with an adopted child, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with the wife's stepchild, stepmother with the husband's stepchild ;
d) Obstructing marriage, claiming property during marriage or hindering divorce.
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As regulations above, a fine from 3,000,000 VND to 5,000,000 VND shall be imposed for cohabitation with someone else while having a spouse in Vietnam.
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