Will a public employee who gives birth to a third child in 2018 be disciplined in Vietnam?
I am a public employee working at a public school in Vietnam. I gave birth to my third child in 2018. Since then, I have not been disciplined because the school rules do not stipulate it. I recently went to work and heard that disciplinary action would be taken in my case early next year. So will I really be punished?
Will a public employee who gives birth to a third child in 2018 be disciplined in Vietnam? (Image from the Internet)
Will a public employee who gives birth to a third child in 2018 be disciplined in Vietnam?
Pursuant to Article 16 of Decree 112/2020/ND-CP stipulating disciplinary action against 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:
...
Violation of 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.
According to population law in Vietnam, having a third child is against population regulations, except in cases permitted by law. Therefore, in case a public employee gives birth to a third child, he or she will be disciplined and reprimanded if the school regulations do not otherwise stipulate disciplinary action when giving birth to a third child.
However, in your case, you gave birth in 2018, and Decree 112/2020/ND-CP will not take effect until September 20, 2020. Therefore, the regulations in this Decree will not apply, but the regulations in Decree 27/2012/ND-CP will apply.
In the provisions of Decree 27/2012/ND-CP, there are no provisions on disciplinary cases for public employees who give birth to a third child. Therefore, your case will not be disciplined in Vietnam.
In addition, according to Clause 7, Article 2 of the Law on Cadres and Civil Servants and the 2019 Amended Law on Public Employees stipulates:
- The statute of limitations for disciplinary action is the time limit beyond which the officer who committed the violation will not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation.
Except for the cases specified in Clause 2 of this Article, the statute of limitations for disciplinary action is prescribed as follows:
+ 02 years for violations that are less serious than requiring disciplinary action in the form of reprimand;
+ 05 years for violations other than those specified in Point a of this Clause.
- For the following violations, the statute of limitations for disciplinary action does not apply:
+ A public employee who is a party member commits a violation that requires disciplinary action in the form of expulsion;
+ Committing acts of violating regulations on internal political protection;
+ Committing acts that harm national interests in the fields of defense, security and foreign affairs;
+ Using fake or illegal diplomas, certificates, certificates, or certifications.
Thus, because your violation of regulations has taken place since 2018, and is not in the cases where the statute of limitations for disciplinary action does not apply, the statute of limitations for prosecution according to regulations has now expired. So your case will not be disciplined according to the provisions of law in Vietnam.
However, you should also contact the unit for more detailed information, so you can feel secure in carrying out your work in Vietnam.
Best regards!
