What is handling for party members who have children with another person before divorce in Vietnam?
What is handling for party members who have children with another person before divorce in Vietnam? If Party members give birth to a third child but fraudulently adopt that child, will they be disciplined in Vietnam?
Hello, I have this problem that needs to be answered. My husband is a Party member, he and I have 1 child together. Currently, he and I are separated because he has an illicit relationship with another woman. My child and I went to live at my grandmother's house and he lived with his mistress. As far as I know, he had a child with his mistress. I wonder how it will be handled if you are a Party member and have a child with someone else without a divorce?
Please advise. Thankyou.
What is handling for party members who have children with another person before divorce in Vietnam?
Article 51 of Regulation 69-QD/TW of 2022 stipulates violations of marriage and family regulations as follows:
1. Party members who violate one of the following cases and cause less serious consequences will be disciplined in the form of reprimand:
a) Interfering with marriage, divorce or child marriage.
b) Avoiding the obligation to care for and raise children, and abusing the labor of minor children.
c) Preventing the person who does not directly raise the child from visiting the child after divorce (except in cases where the father or mother has their right to visit the child restricted by a court decision).
d) Avoiding or not performing guardianship obligations after completing procedures for recognition of guardianship at a competent authority according to law.
d) Correcting, falsifying content, forging documents to register for adoption.
e) Not registering for marriage or currently married but still living with another person as husband or wife.
g) Violating the law on surrogacy.
2. In case you have been disciplined according to Clause 1 of this Article but commit a repeat violation or the first violation causes serious consequences or violate one of the following cases, the disciplinary action will be in the form of a warning or dismissal (if you have a position):
a) Violating the correction, falsification of content or falsification of documents for marriage registration.
b) Irresponsibility, incorrect confirmation of marital status leading to another person registering an illegal or illegal marriage.
c) Making false statements or committing fraudulent acts when registering marriage or giving or adopting children; having a child with someone else while being married.
3. In case of violation of Clauses 1 and 2 of this Article causing very serious consequences or violating one of the following cases, discipline will be in the form of expulsion:
a) Violating regulations on marriage ban, violating the monogamous marriage regime, affecting family happiness, causing bad public opinion in society.
b) Forcing spouses and children to do unethical or illegal things, but not to the extent of criminal prosecution.
c) Refusing to perform or not fulfill the parental support obligation or child support obligation after divorce according to the provisions of law.
Thus, there are currently no regulations on how Party members who have children with other people without divorce will be handled, but in this case your husband is violating the monogamy regime in Vietnam. If he has not divorced you but is living with someone else as husband and wife, he will be disciplined in the form of a reprimand. However, it also depends on the level of violation.
What is handling for party members who have children with another person before divorce in Vietnam? (Image from the Internet)
If Party members give birth to a third child but fraudulently adopt that child, will they be disciplined in Vietnam?
In Article 52 of Regulation 69-QD/TW of 2022, violations of population policy regulations are stipulated:
1. Party members who violate one of the following cases and cause less serious consequences will be disciplined in the form of reprimand:
a) Obstructing or forcing the implementation of family planning; Participate in testing and diagnostic activities to determine the sex of the fetus against regulations.
b) Violating population policy.
2. In case of a violation that has been disciplined according to Clause 1 of this Article but is repeated or the first violation causes serious consequences or violates one of the following cases, discipline will be in the form of a warning or dismissal (if any):
a) Propaganda, dissemination or promulgation of documents with content contrary to population policy and good moral traditions of the nation.
b) Fraud in giving birth or adopting a child that is actually a biological child in order to have more children out of wedlock or against regulations.
3. In case of violation of Clauses 1 and 2 of this Article causing very serious consequences, discipline will be in the form of expulsion.
Therefore, if a Party member fraudulently adopts a third child, they will be disciplined and the form of discipline will be a warning or dismissal in Vietnam.
Best regards!
