Will party members be punished for having a third child? Regulations on having a third child

Is there any disciplinary action for having a third child? What benefits are available for having a third child? Are maternity benefits available after 3 months of maternity leave? What is the maternity benefit level for having 3 children?

In the article below, Online Accounting will answer some questions related to regulations on giving birth to a third child for Party members, citizens and the rights of female workers giving birth to 3 children at once.

Will a party member who has a third child be disciplined or punished?

According to Article 2 of Regulation 05-QDi/TW in 2018, there are 9 cases where Party members are not considered to have violated population and family planning policies or are not subject to disciplinary action when giving birth to a third, fourth, or fifth child, including:

1. Couples giving birth for the first time and having 3 or more children;
2. Couples who have 1 biological child, have 2 or more children the second time;
3. A couple has a third birth but at the time of birth there is only one living biological child, including the biological child given up for adoption;
4. Couples can have a third child if they have 2 biological children but 1 or 2 of them have a disability or non-genetic serious illness and have been confirmed by a provincial/central medical examination board;
5. Couples with children (biological children):
   • Have 1 or 2 children, if one of the spouses already has a child (biological child);
   • Giving birth to 1 or 2 or more children at the same time if both husband and wife already have children (biological children).
6. Unmarried women giving birth to 1 or 2 or more children at one time;
7. A couple can have a third child if one or both of them are:
   • Ethnic group with population less than 10,000 people;
   • Ethnic groups at risk of population decline according to the announcement of the Ministry of Planning and Investment.
8. Giving birth to a third child due to an unwanted pregnancy, because if family planning measures are implemented, it will seriously affect the mother’s health (must be confirmed by a district-level hospital or equivalent or higher);
9. Giving birth to the third child or more before January 19, 1989 (the effective date of Decision 162-HDBT on a number of population and family planning policies).

If a Party member violates population policy and family planning (having a third, fourth, or fifth child) not falling under the above fdiinvietnam.com cases, he/she may be subject to disciplinary action in the following form:

• Reprimand for first violation;
• Warning or dismissal if reprimanded but repeat offense.

Giving birth to a third child is rewarded with 200 million? Regulations on giving birth to a third child

According to current law, there is no provision for giving birth to a third child to receive a reward of 200 million VND. Specifically, in Decision 588/QD-TTg in 2020 on the Program to adjust birth rates to suit subjects and regions by 2030 as follows:

1. High birth rate area

• Women who have two children of childbearing age and voluntarily use long-term contraception are encouraged to receive financial or in-kind support;
• Village health workers and population collaborators exceeded targets in mobilizing women of childbearing age to have two children and voluntarily use long-term contraception with financial or in-kind support.

The goal by 2030 is that the total fertility rate in provinces and cities with high fertility rates will decrease by 10% (each woman will have more than 2.2 children when she is of childbearing age).

2. Low birth rate areas 

Based on the actual situation, the locality will select and decide to reward and support in cash or kind for women under 35 years old who have 2 children.

Also according to Decision 588/QD-TTG, the total birth rate in provinces and cities with low birth rates will increase by 10% (each woman will have less than 2 children when she is of childbearing age).

3. List of provinces and cities by birth rate

In addition, to encourage people to control the gender imbalance at birth, Clause 2, Article 4 of Circular 01/2021/TT-BYT stipulates that localities select and decide on specific content to encourage and support couples to have 2 children and commit to not having more children such as:

• Exemption, reduction of tuition fees, support for purchasing student health insurance;
• Support school milk and some other suitable contents and forms;
• Honor and praise the raising of healthy children, teaching them to be good, studious, successful…

In short, Vietnamese law currently does not stipulate a 200 million VND reward for families who have a third child, but only has an incentive and support policy for families who have two children of childbearing age.

Do I get maternity benefits if I have a third child? What is the level of maternity benefits?

Female employees giving birth who have paid social insurance for 6 months or more within 12 months before giving birth will be entitled to maternity benefits according to the Law on Social Insurance 2014.

Therefore, female workers giving birth to triplets (giving birth to 3 children at once) will be entitled to maternity benefits if they have paid social insurance for 6 months or more in the 12 months before giving birth. At the same time, Article 34 of the Social Insurance Law 2014 also stipulates that female workers giving birth to triplets (giving birth to 2 or more children) will be entitled to a maximum of 2 months of additional leave before giving birth.

➧ Maternity insurance benefits

➧ One-time benefit level

For example:

Ms. A was determined by the Social Insurance Agency to be eligible for maternity benefits in January 2024 with an average social insurance salary of 8,000,000 VND in the 6 months before giving birth. Ms. A will have 8 months off when she gives birth to 3.

• Maternity benefit: 8,000,000 VND x 8 months = 64,000,000 VND;
• One-time subsidy: 1,800,000 VND x 2 = 3,600,000 VND (basic salary in 2024 is 1,800,000 VND).

Thus, Ms. A’s total maternity allowance: 64,000,000 VND + 3,600,000 VND = 67,600,000 VND.

See details: 

>> Maternity benefit level;

>> Compulsory social insurance benefits;

>> How to calculate sick leave and social insurance benefits.

Questions regarding the third child regulations

1. Is there a penalty for having a third child?

Party members who have a third child will not be punished if they fall into one of the following 9 cases:

• Couples giving birth for the first time and having 3 or more children;
• Couples who have 1 child, have 2 or more children the second time;
• A couple can have a third birth if at the time of birth there is only one living child, including a child given up for adoption;
• A couple can have a third child if they have 2 biological children but one of the 2 children has a disability or a non-genetic serious illness that has been confirmed by a provincial/central medical examination board;
• Couples with children (biological children):
  • Have 1 or 2 children, if one of the spouses already has a child (biological child);
  • Giving birth to 1 or 2 or more children at the same time if both husband and wife already have children (biological children)…

>> See details: 9 cases of having a third child without being punished.

2. Having a third child costs 200 million, right?

No. Currently, Vietnamese law does not stipulate a 200 million VND reward for couples who have a third child, but only a policy to support and encourage families to have 2 children of childbearing age.

>> See more: Regulations on having a third child.

3. What benefits do triplets receive?

Female workers giving birth to three children at once will receive full maternity benefits under the 2014 Social Insurance Law if they meet the conditions for maternity benefits.

>> See details: How to calculate maternity allowance for workers giving birth to 3 children.

4. Can a woman who gives birth to 3 children at once be raised by the state?

Currently, the law does not have specific regulations on whether triplets will be raised by the state. However, if you pay social insurance for 6 months or more in the 12 months before giving birth, you will be entitled to maternity benefits according to regulations.

>> Reference: Regulations on maternity allowance for giving birth to 3.

5. Will a Party member who has a third child be disciplined?

Party members will not be disciplined when giving birth to a third, fourth, or fifth child if they fall into one of the following cases:

• Unmarried women giving birth to 1 or 2 or more children at one time;
• Couples giving birth for the first time and having 3 or more children;
• Couples who have 1 child, have 2 or more children the second time;
• Couples can have a third child if both or one of them belongs to:
  • Ethnic group with population under 10,000 people;
  • Ethnic groups at risk of population decline according to the announcement of the Ministry of Planning and Investment…

>> See now: Cases where Party members are not punished when having a third child.

6. Can I get maternity leave if I take maternity leave 3 months in advance?

Yes, if the employee has paid social insurance for 6 months or more within 12 months before giving birth, he/she will be entitled to maternity benefits according to the Law on Social Insurance 2014.

>> See more: 8 rights of pregnant female workers.

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