09 cases where party members have 3rd, 4th, and 5th children without being disciplined in Vietnam

09 cases where party members have 3rd, 4th, and 5th children without being disciplined in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 09 cases where party members have 3rd, 4th, and 5th children without being disciplined in Vietnam

According to Article 2 of Regulation 05-QDi/TW in 2018, cases of childbirth that are not considered violations of population and family planning policies include:

- The couple has a third child, if both or one of them belongs to an ethnic group with a population of less than 10,000 people or an ethnic group at risk of population decline (the rate is less than or equal to the death rate).
according to the official announcement of the Ministry of Planning and Investment.

- A couple giving birth for the first time but having three or more children.

- The couple has had one biological child, giving birth for the second time and giving birth to two or more children.

- The couple gives birth for the third time or more if, at the time of birth, there is only one biological child alive, including the biological child already adopted.

- The couple has a third child, if they already have two biological children, but one or both of them are malformed or have a fatal non-hereditary disease; has been certified by the provincial or central medical assessment council.

- The couple has their own children (natural children):

+ Giving birth to one child or two children, if one of them has a child of his own (natural child).

+ Giving birth to one child or two or more children in the same birth, if both people have their own children (natural children).

This provision does not apply to cases where two people have had two or more children together and the children are still alive.

- Unmarried women give birth to one, two, or more children in the same birth.

- Having the third child or more before January 19, 1989 (the effective date of Decision 162-HDBT of October 18, 1988 of the Council of Ministers on a number of population and family planning policies)

- In case of giving birth to a third child due to an unwanted pregnancy, if family planning measures are taken that seriously affect the mother's health (certified by a district-level hospital or equivalent or higher) .

2. What penalties shall be imposed on Party members who violate the regulations on having 3rd, 4th, and 5th children in Vietnam?

Party members violate the regulations on having 3rd, 4th, and 5th children but are not considered to be violating the policy on population and family planning in Article 2 of Regulation 05-QDi/TW above may be disciplined according to the provisions of Article 52 of Regulation 05-QDi/TW in 2022, specifically:

- Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of a reprimand:

+ Obstructing or forcing the implementation of family planning; participating in testing and diagnostic activities to determine the sex of the fetus in contravention of regulations.

Violation of population policy.

- In case the violation has been disciplined as mentioned above but recidivism or the first violation causes serious consequences or violates one of the following cases, the discipline shall be in the form of a warning or dismissal (if holding a position):

+ Propagating, disseminating, or promulgating documents with contents contrary to the population policy, good moral tradition of the nation.

+ Cheating involves giving birth to or adopting a child that is actually a biological child in order to give birth to another child out of wedlock or contrary to regulations.

- In case of violation of the above provisions, causing very serious consequences, the discipline shall be in the form of expulsion.

3. Cases having 3rd, 4th, and 5th children in Vietnam not considering re-admission and admission to the Party

Article 3 of Regulation 05-QDi/TW stipulates cases where re-admission and admission to the Party are not considered for those who give birth to the third, fourth, and fifth child, including:

- Party members, after being removed from the Party, violate the policy on population and family planning.

- The masses have violated population and family planning policies by having their fifth or more children.

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