Will There Be Disciplinary Action by the Communist Party for Having Two More Children with a Subsequent Wife?
As stipulated in Article 27 of Regulation 102-QD/TW of 2017, depending on the severity of the violation of population policy and family planning, a Communist Party member could be disciplined with a reprimand, warning, removal from position (if holding a position), or expulsion. To be specific: such as:
- A Communist Party member violating by having a third child (unless otherwise stipulated by law) shall be disciplined with a reprimand;
- A Communist Party member violating by having a fourth child (unless otherwise stipulated by law) shall be disciplined with a warning or removal from position (if holding a position).
- A Communist Party member violating by having a fifth child or more, or by deceitfully giving birth to or adopting a child who is actually their biological child with the intention of having more children outside the regulations, shall be disciplined with expulsion.
However, according to the provisions at point c, Clause 10, Section III of Guideline 09-HD/UBKTTW of 2013, party members having children in the following cases shall not be considered as violating the population policy and family planning:
- Couples having a third child, if both or one of them belongs to an ethnic group with a population of less than 10,000 people or belongs to an ethnic group at risk of population decline (birth rate less than or equal to death rate) according to the official announcement by the Ministry of Planning and Investment.
- Couples giving birth for the first time and having triplets or more.
- Couples with one biological child, giving birth a second time and having twins or more.
- Couples giving birth a third time or more, if at the time of birth only one biological child is living, including children that have been given up for adoption.
- Couples having a third child if already having two biological children, but one or both of them have a disability or a non-hereditary life-threatening disease, certified by the Provincial or Central Medical Examination Council.
- Couples having separate biological children (offspring):
+ Giving birth to one or two children, if one of them already has their own biological child.
+ Giving birth to one or more children in the same birth if both have separate biological children. This regulation does not apply to the case where both have had two or more common children and the children are currently alive.
- Unmarried women giving birth to one or more children at the same time.
- Having a third child or more before January 19, 1989 (the effective date of Decision No. 162-HDBT, dated October 18, 1988, of the Council of Ministers "On certain population and family planning policies").
Therefore: Based on the regulations cited above, in the case of a couple where either the husband or wife already has separate biological children (the specific number of children is not stipulated) and they have one or two more children, it shall not be considered a violation of the population policy and family planning.
Equivalently, in the case of a couple (in which one is a Communist Party member or both are party members) where only the husband or wife has separate biological children (excluding adopted children and with no limit on the number of separate children) and they have one or two more children, they will not be disciplined by the Communist Party for violating the population policy and family planning.
Thus: In the case where you are a Communist Party member, already having two children with your previous wife (your former wife passed away four years ago due to a traffic accident), and you marry a wife (who does not have biological children), you and your spouse may have one to two more children without being considered a violation of the population policy and family planning. Naturally, you will not be disciplined in such a case.
Above is our advisory opinion on the matter you are inquiring about.
Respectfully!
