08 Cases in Which Party Members Are Allowed to Have a Third Child

In Item c, Section 10 of Guideline 09-HD/UBKTTW of the year 2013, implementing Regulation 181-QD/TW on the discipline of party members violating regulations, the following cases do not violate the population and family planning policy (permitted to have a third child):

- Couples who have a third child if both or one of the two 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 (birth rate less than or equal to death rate) as officially announced by the Ministry of Planning and Investment.- Couples who conceive triplets or more during their first childbirth.- Couples who already have one biological child and have twins or more during their second childbirth.- Couples who have a third child or more if, at the time of birth, only one biological child is still alive, including biological children given up for adoption.- Couples having a third child if they already have two biological children, but one or both children have deformities or incurable diseases not of genetic nature, as confirmed by the provincial or central Medical Examination Council.- Couples with stepchildren (biological children):- Have one or two children if one of the two individuals already has stepchildren (biological children).- Have one or more children in the same childbirth, if both individuals already have stepchildren (biological children). This rule does not apply to cases where both individuals already have two or more common children who are still alive.- Unmarried women giving birth to one or more children in the same childbirth.- 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 several population and family planning policies").

Thus, the above-mentioned cases do not violate population and family planning policy. Party members in the above cases having a third child will not be penalized.

What penalties apply in the case of having a fourth or fifth child?

According to Clauses 2 and 3, Article 26 of Regulation 181-QD/TW:

- In the case of having a fourth child (except for cases where the law stipulates otherwise), the penalty will be in the form of a warning or dismissal (if holding a position).- In the case of having a fifth child or more, the penalty will be expulsion.

For probationary Communist Party members who violate the population and family planning policy and have a fourth child, their names will be removed from the list of party members.

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