What form of disciplinary action is taken against a teacher who has a third child in Vietnam?
What form of disciplinary action is taken against a teacher who has a third child in Vietnam? Thank you! - Ms. Vy (Khanh Hoa).
What forms of disciplinary actions are imposed on public employees in Vietnam who commit violations?
According to Article 15 of Decree 112/2020/ND-CP, the following disciplinary measures are imposed on public employees who commit violations:
(1) For public employees who do not hold managerial positions:
- Reprimand.
- Warning.
- Termination of employment.
(2) For public employees who hold managerial positions:
- Reprimand.
- Warning.
- Demotion.
- Termination of employment.
What form of disciplinary action is taken against a teacher who has a third child in Vietnam? - image from the internet
What form of disciplinary action is taken against a teacher who has a third child in Vietnam?
Based on Article 10 of the Population Ordinance in 2003 (amended by Article 1 of the Ordinance on amendments to the Population Ordinance in 2008), which regulates the rights and obligations of each couple and individual in implementing population movement and family planning, as well as reproductive health care:
The rights and obligations of each couple and individual in implementing population movement and family planning, as well as reproductive health care, include:
- Deciding the timing and spacing of childbirth.
- Having one or two children, except in special cases specified by the Government.
- Protecting health and implementing measures to prevent bacterial vaginosis, sexually transmitted diseases, HIV/AIDS, and fulfilling other obligations related to reproductive health.
Based on Clause 9, Article 16 of Decree 112/2020/ND-CP (amended by Clause 7, Article 1 of Decree 71/2023/ND-CP), which regulates the application of the disciplinary measure of reprimand to public employees:
Applying the disciplinary action of reprimand to public employees
The disciplinary measure of reprimand is applied as the initial disciplinary action for less serious violations, excluding violations specified in Clause 3, Article 17 of this Decree, and falls under one of the following cases:
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9. Violating laws regarding domestic violence prevention; population, marriage and family, gender equality, social security, and other regulations of the Communist Party of Vietnam and laws related to public employees.
According to the regulations, each couple is allowed to have one or two children, except in special cases specified by the Government.
Therefore, if a teacher has a third child, it is considered a violation of the Population Ordinance, and the disciplinary action taken would be a reprimand.
However, the disciplinary action of reprimand does not apply to the following cases:
- A married couple who has a third child, if either or both individuals belong to an ethnic group with a population of fewer than 10,000 people or belong to an ethnic group at risk of population decline (with a birth rate equal to or lower than the death rate) according to the official announcement of the Ministry of Planning and Investment.
- A married couple who has their first child and gives birth to three or more children.
- A married couple who already has one child gives birth to a second child, and then gives birth to two or more children.
- A married couple who has their third child or more, if at the time of birth, they have only one living child, including adopted children.
- A married couple who has a third child, if they already have two children, but one or both children have non-heritable disabilities or severe illnesses confirmed by the Provincial or Central Medical Appraisal Council.
- A married couple who already has their biological child:
+ Having one or two children, if one of the individuals already has their biological child.
+ Having one or two children or more in the same birth, if both individuals already have their biological child.
Note: This regulation does not apply to cases where both individuals have previously had two or more children together, and the children are still alive.
- Unmarried women who give birth to one or more children in the same birth.
What are the regulations on the disciplinary process for public employees in Vietnam?
Based on Clause 1 Article 32 of Decree 112/2020/ND-CP (amended by Clause 16 Article 1 of Decree 71/2023/ND-CP), the disciplinary process for public employees is regulated as follows:
Disciplinary process for public employees
1. The disciplinary process for public employees is carried out through the following steps:
a) Conducting an evaluation meeting.
b) Establishing a Disciplinary Council.
c) The competent authority decides on disciplinary action.
2. The provisions at point a, Clause 1 of this Article do not apply in the following cases:
a) Disciplinary action is taken according to the provisions of Clause 10, Article 2 of this Decree.
b) Disciplinary action is taken according to the decision of the competent authority specified in Clause 4, Article 3 of this Decree or an assessment meeting has been conducted in accordance with the provisions of the law, and the individual has taken responsibility for their violation.
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According to above regulations, the disciplinary process for handling violations by public employees is carried out as follows:
Step 1: Organize an assessment meeting.
Step 2: Establish a Disciplinary Council.
Step 3: The competent authority decides on disciplinary action.
Best regards!
