Currently, to implement the family planning policy, the state encourages everyone to have only one to two children. So according to the regulations, will teachers who have a third child be affected in their work process, competition evaluation, and promotion of public employees? Specifically, will they be subject to disciplinary action for having a third child?
Article table of contents
Do teachers face disciplinary action for having a third child? (Illustration)
Teachers are not disciplined for having a third child
Based on Article 4 of Decree 27/2012/ND-CP, it is stipulated that public employees are subject to disciplinary action for violations of law in the following cases:
- Violation of the obligations of a public employee and the conduct prohibited by the Law on Public Employees;- Violation of other obligations committed to in the employment contract signed with the public service provider;- Violation of the law resulting in a court conviction with a legally effective judgment;- Violation of laws on anti-corruption, thrift practice, waste prevention, gender equality, prevention of social evils, and other laws related to public employees not reaching the level of criminal prosecution.
Thus, according to the above provisions, the law does not prohibit public employees holding professional titles as teachers from having a third child. However, if the signed employment contract of the teacher includes specific provisions, the teacher will have to face disciplinary action as per the contract.
Teachers who are Communist Party members will be disciplined for having a third child
Although the law does not prohibit teachers from having a third child, under Article 27 of Regulation 102-QD/TW, it is stipulated that if teachers are Party members, they will be subject to disciplinary action for having a third child due to violating population policy and family planning regulations. Specifically, as follows:
- Reprimand: for cases where teachers have a third child causing minor consequences.- Warning or demotion (if holding positions): for cases of having a fourth child.- Expulsion from the Party: for cases of having a fifth child or more, or being deceitful in claiming biological or adopted children to intentionally have additional children beyond the regulation.
Additionally, under Guideline 04-HD/UBKTTW, it is detailed that certain cases where teachers who are Party members have a third child or more will not be disciplined, as follows:
- Couples having a third child, where both or one of them is of an ethnic minority with a population of less than 10,000 people or at risk of population decline.- Couples giving birth to three or more children during their first childbirth.- Couples having one biological child and then having two or more children in their second childbirth.- Couples having a third child or more when at the time of birth, they have only one biological child alive, including children given up for adoption.- Couples having a third child when they already have two biological children, but one or both children have a congenital disability or serious illness (non-hereditary, as confirmed by the provincial or central medical examination council).- Couples with previous biological children, giving birth to one or two children, or more in one childbirth.- Having a third child due to an unplanned pregnancy, if implementing family planning measures would significantly affect the mother's health (with confirmation from hospitals at the district level or higher), then disciplinary action will not be considered.
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