Important Notes that Communist Party Members Wanting to Have a Third Child Should Know

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1. Multiple cases where Communist Party members are not disciplined for having a third child

According to Article 2 of Regulation 05-QD/TW and the guidance provided in Guidance 04-HD/UBKTTW, there are 08 cases where Communist Party members are not disciplined for having a third child, including:

1. A couple having a third child where 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 (rate less than or equal to mortality rate) as officially announced by the Ministry of Planning and Investment.

2. A couple having triplets or more in their first childbirth.

3. A couple having two or more children in their second childbirth.

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

5. A couple having a third child if they already have two biological children but one or both suffer from non-hereditary severe disabilities or incurable diseases confirmed by the Provincial or Central Medical Examination Council.

6. A couple with stepchildren (biological):

- Having one or two children if one spouse already has stepchildren.- Having one or more children at the same time if both spouses already have stepchildren.

Note: This regulation does not apply to cases where both spouses already have two or more common children who are still alive.

7. Having a third or more child before January 19, 1989 (the effective date of Decision 162-HDBT on population and family planning policies).

8. Having a third child due to unintended pregnancy if family planning measures severely affect the mother's health (confirmed by a district-level or higher hospital).

Accordingly, under current regulations, Communist Party members violating population and family planning policies are subject to corresponding disciplinary actions depending on the severity: reprimand for the third child, warning or demotion for the fourth, and expulsion from the Communist Party for the fifth child. However, Communist Party members who have a third or more child but fall under one of the 08 cases mentioned above are not considered to be in violation of population and family planning policies and will not be disciplined in these cases.

2. Communist Party members expelled for having a third child can still be reconsidered for re-admission

Specifically, according to Clause 1, Article 4 of Regulation 05-QD/TW, a member expelled from the Communist Party for having a third child or for violating population and family planning policies in general can be re-admitted if they meet the following conditions:

- Meet the standards and conditions as stipulated in the Party Charter, Central regulations, guidance, and the practical needs of local units and Party building work;- Are highly regarded within their workplace, unit, and local community, with strong performance in assigned duties and responsibility towards the people as recognized by the Party committee, workplace, and local organizations where they serve as members;- Have strived for at least 24 months from the birth date in the case of a third child or 36 months in the case of a fourth child until the date the Party cell considers re-admission.

Note: Re-admission of Party members expelled due to population and family planning policy violations must receive written consent from the Central Party Committee's standing body before the district-level standing Committee (or equivalent) decides on re-admission.

Nguyen Trinh

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