At the 8th Session of the 15th National Assembly, the Government said it would focus on directing the urgent review of 5 years of implementing Resolution No. 21-NQ/TW on population work; review and propose amendments and supplements to Party regulations and State laws on population policy.
Including reviewing and proposing amendments to Regulation No. 37-QD/TW dated October 25, 2021 of the Central Executive Committee on what Party members are not allowed to do (Article 18); Regulation No. 69-QD/TW dated July 6, 2022 of the Politburo on disciplining Party organizations and Party members who violate the law; Instruction No. 05 of the Central Inspection Commission guiding the implementation of a number of articles of Regulation No. 69-QD/TW.
In there:
Article 52 of Regulation 69-QD/TW of 2022 of the Politburo stipulates handling of violations of population policy regulations as follows:
(1) Party members who commit one of the following violations causing less serious consequences shall be disciplined by reprimand:
Obstructing or forcing the implementation of family planning; participating in testing and diagnostic activities to determine the gender of the fetus in violation of regulations.
Violation of population policy.
(2) In case of a violation disciplined under Clause (1) that recurs or is a first-time violation causing serious consequences or violates one of the following cases, the disciplinary action shall be in the form of a warning or dismissal from office (if holding a position):
Propagating, disseminating or promulgating documents with content contrary to population policy and good moral traditions of the nation.
Fraud in giving away or adopting a biological child that is actually a biological child in order to have more children out of wedlock or against regulations.
(3) In case of violation of Clauses (1) and (2) causing very serious consequences, the disciplinary action shall be in the form of expulsion.
Clause 2, Article 5. Regulation No. 69-QD/TW also stipulates mitigating circumstances for Party members, when:
- Proactively report your violations to the Party organization, voluntarily accept personal responsibility for shortcomings and violations, and accept disciplinary action commensurate with the nature and severity of the violation before and during the inspection and supervision process.
- Proactively provide information, records, documents, and fully and honestly reflect on fellow violators.
Notably, according to the guidance at Point 8.1, Clause 8 of Instruction No. 05-HD/UBKTTW, dated November 22, 2022 of the Central Inspection Commission implementing a number of articles in Regulation No. 69-QD/TW, Party members who violate population and family planning policies (such as having a third child) but "violate because implementing family planning measures will affect maternity health (with confirmation from a district-level hospital or equivalent or higher) will be considered for a reduction in disciplinary action".
The competent party organization shall consider and decide on each specific case, case file and the above regulations.
