In 2020, in which cases will Communist Party members giving birth to a third child not be disciplined?

In 2020, under what circumstances will a Communist Party member who has a third child not be disciplined? - Illustrative image

According to current regulations in Article 27 of Regulation 102/QD-TW dated November 15, 2017, issued by the Politburo on disciplining Communist Party members who violate regulations, those who breach the population and family planning policies will be disciplined at respective levels as follows:

- Communist Party member who has a third child: Disciplinary reprimand;- Communist Party member who has a fourth child: Disciplinary warning or removal from position (if holding a position);- Communist Party member who has a fifth child or more: Expulsion from the party.

However, the law also stipulates certain exceptions for Communist Party members having a third child or more. Specifically, according to Guideline 04-HD/UBKTTW guiding the implementation of certain provisions in Regulation 102/QD-TW dated November 15, 2017, issued by the Politburo on disciplining Communist Party members who violate regulations, the following cases will not be subject to disciplinary action:

- A couple having a third child if either or both belong to an ethnic group with a population of less than 10,000 people or an ethnic group at risk of population decline (birth rate equal to or less than death rate) as officially announced by the Ministry of Planning and Investment.

- A couple having triplets or more during their first childbirth.

- A couple already having one biological child and birthing twins or more during their second childbirth.

- A couple having a third child or more if, at the time of birth, they only have one living biological child, including biological children previously given up for adoption.

- A couple having a third child if they already have two biological children, but one or both children have disabilities or incurable diseases not hereditary in nature, confirmed by a provincial or central medical assessment council.

- A couple with stepchildren (biological) can have one or two biological children if one partner has stepchildren; or have one or more biological children in the same childbirth, if both partners have stepchildren. This provision does not apply to cases where both partners each have two or more biological children, and all of these children are still alive.

In the case of an unintended third pregnancy, if family planning measures severely affect the mother's health (as confirmed by a district-level or equivalent hospital or higher), the disciplinary review will not proceed.

Thus, according to the above regulations, not all cases where a Communist Party member has a third child will lead to disciplinary action. Specifically, if the Communist Party member falls into one of the aforementioned exceptions, they will not be disciplined.

Nguyen Trinh

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