Hanoi-Vietnam: In 2018, shall communist party members having a third child face disciplinary measures?

13:19, 11/07/2024

On November 15, 2017, the Central Executive Committee of the Communist Party of Vietnam issued Regulation 102-QD/TW on the disciplinary action against communist party members. One of the most notable provisions is disciplinary action against communist party members having a third child.

Regulation 102-QD/TW recently issued has had many changes compared to Regulation 181-QD/TW previously. One of the matters that communist party members are very concerned about is the implementation of regulations on population and family planning, especially whether communist party members having a third child face disciplinary measures or not.

To answer this question, Lawnet provides a comparison between Regulation 102 and Regulation 181. To be specific:

Regulation 102-QD/TW in 2017

Regulation 181-QD/TW in 2013

Article 27

1 - Communist party members who violate one of the following cases, causing minor consequences, or violate in the case of having a third child (except in cases where the law provides otherwise) shall be disciplined in the form of reprimand:

…

3 - In cases of committing violations as specified in Clauses 1 and 2 of this Article causing very serious consequences, or having a fifth child or more or committing the following violations, the communist party members shall be disciplined in the form of expulsion:

Deceiving in giving birth or receiving adopted children when actually they are biological children to intentionally have more children than the permissible limit.

Article 26

1 - Communist party members who violate one of the following cases causing minor consequences or violate in the case of having a third child (except in cases where the law provides otherwise) shall be disciplined in the form of reprimand:
...

3 - In cases of violation as specified in Clauses 1 and 2 of this Article causing very serious consequences or violating in the case of having a fifth child or more or violating the following case, the discipline will be in the form of expulsion:

Deceiving in giving birth or receiving adopted children when actually they are biological children to intentionally have more children than the permissible limit.

No replacement document of Guidance 09-HD/UBKTTW

Detailed regulations in Guidance 09-HD/UBKTTW

Thus, the disciplinary action against communist party members having a third child has not changed up to the present time. Communist party members having a third child will still face corresponding disciplinary measures for their actions, and the highest disciplinary measure is expulsion from the Communist Party of Vietnam according to Clause 3 Article 27 of Regulation 102.

This is very different from the previous information about allowing the birth of a third child to change the population structure, as the population of Vietnam is trending towards aging.

Currently, the act of having a third child for public employees who are communist party members or other organizational entities is no longer subject to administrative penalties as before. However, they will still be subject to disciplinary measures according to the above-stated regulations.

In addition, for state agencies and public service providers, there are also specific internal rules applicable to their officials and public employees regarding the act of having a third child.

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