Decree No. 20/2010/ND-CP dated March 03, 2010 of the Government detailing the Ordinance Amending Article 10 of the Population Ordinance

DECREE

DETAILING THE ORDINANCE AMENDING ARTICLE 10 OF THE POPULATION ORDINANCE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 27, 2008 Ordinance Amending Article 10 of the Population Ordinance;

At the proposal of the Minister of Health,

DECREES:

Article 1. Scope of regulation

This Decree details the Ordinance Amending Article 10 of the Population Ordinance.

Article 2. Cases in which the limit of having one child or two children is not violated

1. A couple, one or both of whom belongs/ belong to an ethnic minority group with a population of under 10,000 or in danger of population decline (the birthrate is lower than or equal to the mortality rate) as officially announced by the Ministry of Planning and Investment, give birth to their third child.

2. A couple who have three or more children at their first birth.

3. A couple who already have one natural child and then have two or more children at their second birth.

4. A couple who have only one alive natural child, including a child already adopted by others, at the time of giving birth to their third or subsequent child.

5. A couple with two children one or both of whom suffers/suffer a non-hereditary malformation or fatal disease certified by a provincial- or central-level medical assessment council, give birth to their third child.

6. A couple one or both of whom already has/ have his/her/their natural children have one child or two or more children at the same birth. This provision is not applicable to a remarried couple with two or more common children who are currently alive.

7. An unmarried woman who gives birth to one child or two or more children at the same birth.

Article 3. Responsibilities of agencies

1. Every five years, the Ministry of Planning and Investment shall announce ethnic minority groups with a population of under 10,000 and those with a birthrate lower than or equal to the mortality rate (groups in danger of population decline).

The Ministry of Health shall promulgate a list of malformations and fatal diseases for implementation of Clause 5, Article 2 of this Decree.

Article 4. Effect

1. This Decree takes effect on April 29,2010.

2. All provisions contrary to this Decree are annulled.

Article 5. Implementation responsibilities

1. The Ministry of Health shall assume the prime responsibility for, and coordinate with concerned agencies in, guiding and implementing this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and concerned couples and individuals shall implement this Decree.-