DECREE DEFINING THE IMPLEMENTATION OF THE MODIFICATION ORDINANCE ON THE ARTICLE 10 OF THE POPULATION ORDINANCE (EXTRACT) (NO. 20/2010 ND-CP, 8 MARCH 2010)

Article 1. Modification area

This Decree defines details in implementing the Modification Ordinance on the Article 10 of the Population Ordinance.

Article 2. Cases that do not violate the regulation of having one or two children:

1.  Couple having the third birth, if both husband and wife or one of them are ethnic minority with a population under 10.000 people, or an ethnic minority at risk of population decline (the fertility rate is below or equal to mortality rate), according to official statistics from the Ministry of Planning and Investment.

2.  Couple who gives birth to triplets or more at their first birth.

3.  Couple who already has one biological child gives twins at their second birth.

4.  Couple gives the third birth or more, if at the time of delivery only one biological child is alive, including the biological child that is an adopted child of other person(s).

5.  Couple gives the third birth, if they have already have two children, but one or both children have malformation or scare diseases that are not genetic diseases, and certified by the Central or Provincial Medical Assessment Council.

6.  Couple that one of them or both have already biological child, are allowed to have one or more children at one birth. This regulation is not applied in case if the couple remarries and they already got two or more living children.

7.  Unmarried woman who has one or two children at one birth.

Article 3. Responsibilities of concerned ministries

1.  Every 5 years, the Ministry of Planning and Investment provides names of ethnic minorities with population under 10,000 people, and ethnic minorities with fertility rate below or equal to mortality rate (minorities at risk of population decline).

2.  The Ministry of Health issues list of malformations and scare diseases for identification according to item 5, Article 2 of this Decree.

Article 4. Effectiveness

This Decree comes into effect as of 29 April 2010.

Article 5. Responsibility

1.  The Ministry of Health takes the lead and cooperates with concerned ministries to provide guidelines and organize to implement this Decree.

2. Ministers, heads of ministerial-level organizations and government agencies, chairmen of provincial people’s committees, and relating couples and individuals are accountable to implement this Decree..

Source: e.gopfp.gov.vn