Decree No. 18/2011/NĐ-CP amends the provisions on the conditions for having a third child for couples who have had children from previous relationships (biological children) under the Ordinance Amending Article 10 of the Population Ordinance. The new provision does not apply to cases where both individuals have previously had two or more children together and those children are still alive.
Scope of application
Couples who have had children from previous relationships (biological children).
Key points
- Couples who have had children from previous relationships (biological children) → may have one or two additional children if one of them has had a child from a previous relationship (biological child); or may have one or two additional children in a single birth if both of them have had children from previous relationships (biological children).
- This provision does not apply to cases where both individuals have previously had two or more children together and those children are still alive.
🌐 Social impact of this document
- Positive impact: Reduces the legal burden on couples who have had children from previous relationships (biological children) when having a third child.
- Negative impact: May create unfairness among couples regarding the conditions for having a third child.
❓ Frequently asked questions
How many children can couples who have had children from previous relationships have?
Couples who have had children from previous relationships (biological children) may have one or two additional children if one of them has had a child from a previous relationship (biological child); or may have one or two additional children in a single birth if both of them have had children from previous relationships (biological children).
In which cases does this provision apply?
This provision does not apply to cases where both individuals have previously had two or more children together and those children are still alive.
When does this decree take effect?
This decree takes effect from May 12, 2011.
What responsibilities do couples and individuals concerned bear?
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government, and couples and individuals concerned shall be responsible for implementing this Decree.
Which article of the old decree does this decree amend?
This decree amends Clause 6 of Article 2 of Decree No. 20/2010/NĐ-CP.
Full text
DECREE
Amending Clause 6 of Article 2 of Decree No. 20/2010/ND-CP
dated March 8, 2010 issued by the Government detailing the implementation
of the Ordinance Amending Article 10 of the Population Ordinance
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Ordinance amending Article 10 of the Population Ordinance dated December 27, 2008;
Considering the proposal of the Minister of Health,
DECREE:
Article 1. Amending Clause 6 of Article 2 of Decree No. 20/2010/ND-CP dated March 8, 2010 issued by the Government detailing the implementation of the Ordinance amending Article 10 of the Population Ordinance as follows:
"6. A married couple who each have a child (biological child):
a) Shall be allowed to have one child or two children if one of them has a biological child;
b) Shall be allowed to have one child or two or more children in the same birth if both of them have a biological child. This provision does not apply to cases where the two individuals have had two or more children together and these children are still alive."
Article 2. This Decree takes effect from May 12, 2011.
Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central city administrations, and couples and individuals concerned shall be responsible for implementing this Decree./.
PRIME MINISTER
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