Mr. Nguyen Xuan Mon (name of the character changed) said that his unit has a female official who gave birth to her 3rd child on August 12, 2024.
This case does not belong to the category of ethnic minorities and is not a case where contraception cannot be performed as prescribed by a medical facility.
According to Mr. Mon, from June 3, 2025, the revised Population Ordinance will take effect, so he is concerned whether the case of civil servants having a 3rd child before this time will be considered for disciplinary action according to Decree 112/2020/ND-CP or not.
Regarding readers' questions, the Ministry of Home Affairs has responded on the Electronic Information Portal.
The Ministry of Home Affairs said that the Central Inspection Committee has issued Guidance No. 15/HD-UBKTTW (March 20, 2025), stipulating that cases that have not been disciplined will not be further considered (no retroactivity for cases that have been handled before).
In the case of Mr. (Ms.) giving birth to a 3rd child before the effective date of Guidance No. 15/HD-UBKTTW and Ordinance 07/2025/UBTVQH15, the Ministry of Home Affairs proposes to study and implement according to the provisions of Clause 4, Article 2 of Decree No. 112/2020/ND-CP dated September 18, 2020 on disciplinary action against cadres, civil servants, public employees (amended in Decree No. 71/2023/ND-CP dated September 20, 2023) regulating the principles of disciplinary action.
Accordingly, when considering disciplinary action, it must be based on the content, motive, nature, severity, consequences, causes of violations, specific circumstances of aggravating and mitigating circumstances, attitude of receiving and correcting the remedy of shortcomings, violations, and consequences of other cases according to the Party's regulations and the law to be considered as a basis for considering exemption from discipline or mitigation of responsibility.
Based on the provisions of Article 65 and Article 66 of Decree No. 115/2020/ND-CP (amended and supplemented in Decree No. 85/2023/ND-CP), the Ministry of Home Affairs requests you to contact and exchange information with the civil servant management agency where you work for guidance.
