REGULATIONS ON HAVING THREE

Question:

My husband and I are not civil servants should have a third child, they go to a birth certificate for the civil status officials ask my wife and I wrote the review and asked to pay a fine. I ask my husband's case a third child in violation of regulations and officials are not civil penalties my wife and I have prescribed it?

Reply to:

Ordinance amending Article 10 of the Ordinance No. 2003 specifies the obligations of married couples in keeping the model from a family with two children.

"Article 10. Rights and obligations of each couple or individual in carrying out the movement of population and family planning, reproductive health care:

1. Decide the time and distance have children;

2. Born a child or two, unless specifically prescribed by the Government;

3. Protect your health, the implementation of measures to prevent reproductive tract infections, Sexually transmitted disease, HIV / AIDS and perform other duties related to reproductive health. "

In some special cases, are prescribed in Decree No. 20/2010 / ND-CP detailing the implementation of the Ordinance Amending Article 10 of the Ordinance on Population, there are some cases be considered to be acts violating the provisions of one or two children born as follows:

"Article 2. The case does not violate the provisions of one or two students

1. The couple have a third child, if both or one of the two ethnic groups with a population of less than 10,000 people or ethnic group at risk of declining population (birth rate less than or equal to the death rate) according to the official announcement of the Ministry of Planning and Investment.

2. The couple first baby that was born three or more children.

3. The couple had a child birth, a second birth which two or more students.

4. Couple of birth for the third time or more, if at the time of birth is only one surviving offspring, including offspring given up for adoption.

5. The couple have a third child, if you have two biological children, but one or both of the defects or serious illness is not genetic, has been the Medical Evaluation Board provincial or central level confirmation.

6. Couple that one or both of them has its own children (offspring), only one child or two or more children born at the same time. This provision does not apply to the case of remarriage between two people who each have two or more common and are alive.

7. unmarried women bear a child or two or more at a time of birth. "

Thus, if you do not fall into the above cases, siblings are state employees, but the third born child be a violation of the provisions of the Ordinance population. However, according to Decree 176/2013 / ND-CP on sanctioning of administrative violations in the field of health, effective from 12.31.2013 (replacing Decree 114/2006 / ND-CP) is not recommended what access to "handle the third child 'anymore. This is an open policy to deal with the state's aging population of Vietnam in the future. Therefore, the officers ordered him to pay a fine civil administration and wrote the review that there is no legal basis.