Contents of population and family planning regulations in Inner Mongolia Autonomous Region

Article 1 These Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Regional Ethnic Autonomy and the Law of the People's Republic of China on Population and Family Planning and in light of the actual situation of the autonomous region.

Article 2 Citizens with household registration or living in the administrative area of this autonomous region, as well as organs, social organizations, enterprises, institutions and other organizations within this administrative area, shall abide by these regulations.

Article 3 The autonomous region shall implement the basic national policy of family planning, stabilize the current birth policy, and implement family planning and prenatal and postnatal care according to the population development of the autonomous region.

Article 4 People's governments at all levels shall coordinate relevant departments, mobilize all social forces and take comprehensive measures to do a good job in population and family planning.

To carry out population and family planning work, we should rely on publicity and education, scientific and technological progress and comprehensive services, establish and improve the reward and social security system, and combine it with increasing women's education and employment opportunities, improving women's health level and improving women's status.

Article 5 The administrative department of health and family planning of the people's government of the autonomous region shall be in charge of family planning work and population work related to family planning in the whole region.

The administrative office of the Union, the municipal people's government divided into districts and the health and family planning administrative department of the people's government at the county level are responsible for family planning work and population work related to family planning within their respective administrative areas.

Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, formulate economic and social policies that are compatible with the current population and family planning policies.

Sixth people's governments at all levels and their health and family planning administrative departments and relevant units shall commend and reward organizations and individuals that have made remarkable achievements in population and family planning work. Article 7 The people's government of the autonomous region shall, according to the national population development plan, formulate the population development plan of the autonomous region and incorporate it into the national economic and social development plan.

The administrative offices of the Union, the municipal people's governments divided into districts and the people's governments at the county level shall, according to the population development plan of the people's government at the next higher level and in combination with the local actual situation, formulate the population development plan of their respective administrative regions and incorporate it into the national economic and social development plan.

Eighth people's governments at or above the county level shall, according to the population development plan, formulate the implementation plan of population and family planning and organize its implementation.

Sumu Township People's Government and sub-district offices are responsible for the population and family planning work within their respective jurisdictions, and implement the implementation plan of population and family planning.

Article 9 Gacha villagers' committees and residents' committees shall incorporate population and family planning work into the grass-roots management and service system, and do a good job in family planning work according to law.

Tenth departments of health and family planning, education, science and technology, culture, civil affairs, press and publication, radio and television shall organize publicity and education on population and family planning.

The mass media have the obligation to publicize the population and family planning for public welfare. The production and publication of advertisements involving family planning technology shall be examined and approved by the administrative department of health and family planning of the people's government of the autonomous region.

Schools should carry out education on population and family planning laws and regulations, physical health education, adolescent education and sexual health education in a planned way in accordance with the characteristics of the educated.

Eleventh organs, social organizations, enterprises, institutions and other organizations shall carry out the following population and family planning work:

(a) responsible for the family planning management of the employees of this unit;

(two) the implementation of family planning regulations for employees;

(three) to carry out activities conducive to the implementation of family planning;

(4) Disseminating scientific knowledge on family planning and reproductive health;

(five) to publicize the scientific theory of population and the national family planning principles, policies, laws and regulations.

Twelfth people's governments at all levels should implement the target management responsibility system for population and family planning, and take the completion of the responsibility system as an important part of assessing the performance of leading cadres.

Organs, social organizations, institutions and other organizations shall do a good job in the family planning work of their own units, and the main leaders shall take overall responsibility.

Enterprises implement the responsibility system for population and family planning work with the legal representative as the overall responsibility.

Thirteenth Sumu Township People's governments and sub-district offices shall be equipped with population and family planning staff.

Gacha villagers' committees and residents' committees shall have a deputy director in charge of population and family planning work.

Organs, social organizations, enterprises, institutions and other organizations shall, according to the needs of their work, set up family planning management institutions or equip them with full-time and part-time population and family planning staff.

Article 14 The population and family planning staff of Gacha villagers' committees and residents' committees shall receive certain subsidies. The subsidy standards for the deputy directors of Gacha villagers' committees and residents' committees in charge of population and family planning work shall be implemented with reference to the standards of the directors of Gacha villagers' committees and residents' committees.

In Gacha villagers' committees and residents' committees engaged in population and family planning work for ten years, the local people's governments shall give living allowances, and the specific measures shall be formulated by the people's governments at the county level.

The staff of family planning service institutions at the county level shall be paid wages and social security benefits. The population and family planning staff of Township People's governments and sub-district offices in Sumu shall implement social security benefits and issue labor protection articles on a regular basis.

Fifteenth people's governments at all levels should include population and family planning funds in the fiscal budget. The growth rate of financial investment in population and family planning should be higher than the growth rate of recurrent financial income.

Sumu Township People's government and sub-district offices' funds for population and family planning work, social security benefits and labor protection articles, and the remuneration of Gacha villagers' committees and residents' committees' population and family planning staff shall be guaranteed by county-level finance.

People's governments at all levels shall give key support to the population and family planning work in poverty-stricken areas.

Encourage social organizations, enterprises and institutions, other organizations and individuals to contribute to the work of population and family planning. Article 16 Citizens have the right to have children, and at the same time, they should fulfill their family planning obligations according to law. Both husband and wife have equal responsibilities in the implementation of family planning, and their reproductive behavior should comply with the provisions of laws and regulations.

Advocate and encourage citizens to marry late, have children late, have fewer children and have good children.

Article 17 A husband and wife can only have one child. Meet one of the following conditions, approved the birth of a second child:

(a) the first child is a disabled child who cannot grow into a normal labor force, but is medically considered to be able to give birth again;

(2) Having been infertile for more than five years after marriage and being pregnant after legally adopting a child;

(three) both husband and wife are non-urban household registration and are still engaged in agricultural production, and one child is a girl;

(four) both husband and wife are non-urban household registration, and one of them is disabled, which is equivalent to the standard of Grade 5 or above in disabled soldiers;

(five) one of the spouses is an only child;

(six) the husband and wife engaged in contracted management in state-owned farms and pastures and no longer receive wages, do not enjoy urban social security benefits, and one child is a girl.

Eighteenth Mongolian citizens, a couple can have two children.

Mongolian citizens, both husband and wife are non-urban household registration, engaged in agricultural and animal husbandry production. If both children are girls, a third child can be born with approval.

Daur, Ewenki and Oroqen citizens advocate prenatal and postnatal care and fewer children.

Citizens whose total population of other ethnic minorities is less than10 million, a couple can have two children.

Nineteenth married couples who meet one of the following circumstances may have another child after approval:

(a) one party has no children, and the other party has given birth to one child or has been widowed and given birth to two children;

(two) both husband and wife have given birth to a child, and both have been awarded to the original spouse according to law, and the newly formed family has no children;

(three) before the husband and wife remarried, one of them was widowed and each had a child;

(four) both husband and wife are only children, and each has given birth to a child;

(five) both husband and wife are non-urban household registration, and each has given birth to a child and both are girls.

One or both of the husband and wife are ethnic minority remarried couples whose total population is less than10 million. In addition to the provisions of the preceding paragraph, under any of the following circumstances, another child may be approved:

(a) one party has no children, and the other party has given birth to two children;

(2) Both husband and wife have given birth to a child.

If one of the spouses approves the birth of children on the grounds of remarriage, the provisions of the preceding two paragraphs shall no longer apply.

Twentieth overseas personnel birth policy in accordance with the relevant provisions of the state.

Twenty-first husband and wife are two ethnic groups, and they can choose to apply the birth regulations of one ethnic group independently.

Article 22 Couples who have given birth to their first child in accordance with the provisions of these Regulations shall go through the birth registration at Sumu Township People's Government or subdistrict offices within 60 days after giving birth.

Couples who have given birth to a second or more children in accordance with the provisions of this Ordinance shall apply to the Gacha villagers' committee, residents' committee or the unit where the household registration is located, and report to the health and family planning administrative department of the people's government at the county level for approval after being audited by the Sumu Township People's Government or the subdistrict office. The issuing authority shall make a decision within 20 days from the date of accepting the application. If it is not approved, it shall explain the reasons in writing.

In special circumstances other than those stipulated in these regulations, the administrative department of health and family planning of the people's government at the county level shall be responsible for the examination and approval. Measures for examination and approval shall be formulated by the administrative department of health and family planning of the people's government of the autonomous region. Article 23 People's governments at all levels shall take measures to establish a family planning reproductive health care service system, popularize scientific knowledge of contraception, prenatal and postnatal care and reproductive health, ensure citizens' access to family planning technical services, and improve citizens' reproductive health level and the health level of newborns.

The health and family planning administrative departments of the people's governments at all levels are responsible for the supervision and management of the supply and distribution of contraceptives, and cooperate with relevant departments to supervise the contraceptive market.

Twenty-fourth family planning administrative departments of the people's governments at or above the county level shall be responsible for the supervision and management of family planning technical services within their respective administrative areas.

Family planning technical service institutions and medical and health care institutions engaged in family planning technical services shall, within the scope of their respective functions and duties, publicize and educate people of childbearing age about the basic knowledge of population and family planning, carry out pregnancy examination and follow-up services for married women of childbearing age, and undertake consultation, guidance and technical services in family planning and reproductive health care.

Twenty-fifth family planning technical service institutions or medical and health institutions engaged in family planning technical services shall give eugenic guidance to couples who have children in accordance with the provisions of these regulations.

Article 26 If one spouse suffers from a medically recognized genetic disease that causes serious defects in the next generation, long-term contraceptive measures shall be taken.

Twenty-seventh children born in accordance with these regulations, the agency that has the right to make prenatal diagnosis shall terminate the pregnancy artificially if it finds any of the following circumstances:

(a) the fetus suffers from serious genetic diseases;

(2) The fetus has serious defects;

(3) Continued pregnancy may endanger the life safety or seriously endanger the health of pregnant women due to serious illness.

Twenty-eighth it is forbidden to use ultrasonic technology or other technical means to identify the sex of the fetus for others without medical needs.

It is strictly forbidden to carry out selective artificial termination of pregnancy for others without medical needs. Those who are allowed to give birth again after approval, and those who terminate pregnancy artificially without justifiable reasons, shall not give birth again.

Twenty-ninth family planning, mainly contraception.

Couples of childbearing age should consciously implement family planning contraceptive measures to prevent and reduce unintended pregnancy. For couples who have given birth to children, it is recommended to choose long-term contraceptive measures first.

Couples of childbearing age who practice family planning enjoy free family planning technical services for basic projects stipulated by the state.

The funds required in the preceding paragraph shall be included in the fiscal budget or guaranteed by social insurance in accordance with the relevant provisions of the state and the autonomous region.

Thirtieth people's governments at all levels should create conditions to ensure that citizens know how to choose safe, effective and appropriate contraceptive measures. The implementation of contraceptive operation should ensure the safety of the subjects.

Thirty-first after sterilization, due to changes in circumstances, in line with the provisions of this Ordinance can give birth again, you can rely on the "family planning service certificate" to family planning technical service institutions or medical and health institutions engaged in family planning technical services to perform surgery to restore fertility.

Thirty-second institutions engaged in family planning technical services shall obtain a practice license according to law.

Individual medical institutions shall not engage in family planning operations. Thirty-third floating population family planning service and management object refers to the people of childbearing age who leave the flag, county, city and district where the household registration is located, engage in work, business and other activities, and live in different places.

Article 34 The family planning service and management of floating population shall be the responsibility of the people's government at the place where the household registration is located and the people's government at the place where the household registration is located, with the focus on the management of the place of residence, incorporated into the target management responsibility system for local population and family planning, and implemented the system of comprehensive management by relevant departments such as health and family planning. Public security, industrial and commercial administration, employment and real estate management are carried out under the unified leadership of the people's government.

Article 35 Before leaving the domicile, women of childbearing age shall apply for marriage and childbearing certificates free of charge to the health and family planning administrative department of the local people's government at the county level or the people's government at the township level or the Sumu Sub-district Office on the strength of their legal marital status certificates and resident identity documents.

After women of childbearing age arrive at their current residence, they shall submit marriage and childbearing certificates to the health and family planning administrative department of the people's government at the county level or the people's government at the township level or the Sumu sub-district office in a timely manner.

Article 36 The health and family planning administrative department of the county-level people's government or Township People's government and Sumu Sub-district Office where the floating population now lives shall timely check the marriage and childbearing certificates of women of childbearing age and inform them to accept the local family planning management. If the certificate of marriage and childbearing is incomplete, it shall be required to reissue it.

The Township People's Government and sub-district offices where the floating population now lives shall publicize population and family planning to the floating population and organize relevant units to provide technical services for couples of childbearing age.

Article 37 When handling the residence permit, business license and other documents of the floating population, the relevant departments shall verify the marriage and childbearing certificate of the floating population and inform the local health and family planning administrative department of the verification results.

Rental, lending housing to the owners of the floating population, should cooperate with the Sumu county people's government or the people's government at the township level, street offices, health and family planning administrative departments to do a good job in the inspection of the marriage and childbearing certificate of the floating population, and assist the government to do a good job in family planning services and management of people of childbearing age according to law.

The employing units or individuals that have formed labor relations with the floating population shall do a good job in the family planning service and management of the people of childbearing age who have been recruited, and accept the supervision and inspection of the local Sumu Township People's government or sub-district offices and the health and family planning administrative departments of the people's governments at or above the county level.

Sumu Township People's Government and sub-district offices or villagers' committees and residents' committees may sign assistance management agreements with homeowners who rent or lend houses to floating population or employers and individuals who form labor relations with floating population.

Article 38 If a married floating population of childbearing age applies to have children in their current residence, they shall hold a marriage and childbirth certificate issued by the domicile, and can have children only after being examined by the family planning administrative department of the people's government at the county level in their current residence.

Married floating population of childbearing age who apply to have a second or more children in their current residence must hold the family planning service certificate issued by the family planning administrative department of the people's government at the county level where their household registration is located, and can have children only after being inspected by the family planning administrative department of the people's government at the county level where they live. Thirty-ninth couples who practice family planning shall be rewarded and given preferential treatment by the local people's government or the relevant units. The reward standard should be gradually improved with the economic and social development.

Fortieth people's governments at all levels shall establish and improve social security systems such as basic old-age insurance, basic medical insurance, maternity insurance and social welfare; In rural and pastoral areas, to promote family planning, various forms of old-age security measures can be implemented according to the principle of government guidance and voluntary participation of farmers and herdsmen.

The people's governments at all levels give support and preferential treatment to the family planning in rural and pastoral areas in terms of capital, technology and training; For the one-child families and two-daughter families in rural and pastoral areas, preferential treatment and care are given in various aspects of production and life, such as land and grassland contracting, homestead division, employment training, cooperative medical care, water and toilet improvement, biogas application, new technology promotion, poverty alleviation and development, resettlement of immigrants, renovation of dilapidated houses, social relief, etc.

Article 41 If a citizen marries for the first time more than three years after the legal age for marriage, it is a late marriage. A married woman who gives birth late for more than four years after the legal marriage age is entitled to give birth late.

Increase the marriage leave by fifteen days for those who marry late; Maternity leave is given for 30 days for those who give birth late, and nursing leave for the man 10 day. Other forms of rewards can also be given to people who marry late and have children late.

Forty-second couples who voluntarily give birth to only one child for life and receive the Honorary Certificate of the Parents of the One-Child shall enjoy the incentive fee of more than 10 yuan every month from the month of receiving the certificate until the child reaches the age of 14; Only-child farmers and herdsmen couples enjoy monthly incentive fees for parents of only children above 20 yuan. People's governments at the county level may formulate specific reward standards.

Couples who voluntarily give birth to only one child for life and receive the honor certificate of the parents of the only child, who work in organs, social organizations, enterprises and institutions, will be given maternity leave for 30 days, and may appropriately subsidize the health care expenses of the only child; When retiring, the units where both husband and wife work should be given appropriate rewards.

The incentive funds listed in the preceding two paragraphs shall be paid in the following ways:

(a) incentive fees for employees of organs, social organizations, enterprises and institutions shall be paid by their units;

(two) the incentive fees for farmers and herdsmen, urban unemployed residents and other personnel shall be borne by the financial departments at all levels to set up special funds;

(three) the floating population incentive fee shall be borne by the domicile.

Forty-third farmers and herdsmen who take permanent birth control measures shall be rewarded, and the specific reward standards shall be implemented in accordance with the relevant provisions of the autonomous region.

Article 44 If the only child is accidentally disabled or killed, and his parents have received the honor certificate of the only child's parents, the people's government at the county level where the household registration is located shall issue a one-time subsidy equivalent to one to three times the per capita disposable income of urban residents or the per capita net income of farmers and herdsmen in the previous year.

Forty-fifth couples who have received the honor certificate of the one-child parents apply for another birth in accordance with the provisions of these regulations. From the month of approval, they will stop all kinds of preferential treatment, return the honor certificate of the one-child parents, and refund the incentive fees they have received. Forty-sixth in violation of the provisions of this Ordinance, children should pay social support fees in accordance with the following standards:

(a) in accordance with the provisions of the second paragraph of Article 17, the second paragraph of Article 18 and Article 19 of this Ordinance, but did not receive the "family planning service certificate" for childbirth, social support fees shall be levied at one fifth of the tax base.

(2) If the first child is born without performing the marriage registration procedures, the social support fee shall be levied according to the tax base; Those who meet the conditions for marriage registration and go through the marriage registration formalities within three months after giving birth shall be exempted from social support.

(3) If a child is born in excess of the number of births stipulated in these Regulations, and the total annual income of both husband and wife is lower than or equivalent to the local tax base standard, social support fees shall be levied according to two to five times of the tax base; If it is higher than the tax base standard, social support fees shall be levied according to six to ten times of the tax base.

(four) if the spouse gives birth to the first child with another person, the social support fee shall be levied according to ten to fourteen times of the tax base.

Do not comply with the provisions of this Ordinance to give birth to more than two children, double the social support fee per child.

In violation of the provisions of these regulations, if more children are twins or multiple births, social support fees shall be levied according to one child.

If the number of adopted children exceeds the number of births stipulated in these Regulations, social maintenance fees shall be levied in accordance with the provisions of Item (3) of the first paragraph of this article, except as otherwise provided in the Adoption Law of People's Republic of China (PRC).

The collection of social support fees is based on the annual per capita disposable income of urban residents and the annual per capita net income of farmers and herdsmen announced by the county statistics department one year before the birth of their children.

If both husband and wife are registered as urban residents, the per capita disposable income of urban residents shall be the tax base; If both husband and wife are non-urban household registration, the per capita net income of farmers and herdsmen shall be the tax base.

When the administrative department of health and family planning investigates the relevant situation of the parties who should pay social support fees, the relevant departments and organizations shall provide assistance. The administrative department of health and family planning shall keep the information of the investigation confidential.

Forty-seventh in violation of the provisions of this Ordinance, in addition to paying social maintenance fees, and in accordance with the following provisions:

(1) State functionaries shall be given administrative sanctions according to law; Other personnel shall be given disciplinary sanctions by their units or organizations;

(two) farmers and herdsmen and urban residents shall not be rated as model workers within five years;

(three) have enjoyed the provisions of article forty-third of this Ordinance "one-child parents incentive fee", shall be refunded.

Article 48 Whoever commits one of the following acts shall be punished in accordance with the provisions of Articles 36 and 37 of the Population and Family Planning Law of the People's Republic of China:

(1) Illegally performing family planning operations for others;

(two) the use of ultrasonic technology and other technical means for others to carry out non-medical needs of fetal sex identification or selective artificial termination of pregnancy;

(three) the implementation of fake birth control surgery, fake medical identification, issued a fake family planning certificate;

(4) Forging, altering or buying or selling family planning certificates.

Article 49 Where a family planning certificate is obtained by improper means, the family planning administrative department shall cancel its family planning certificate; If the unit issuing the certificate is at fault, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 50 State functionaries who commit any of the following acts in family planning work shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Illegal income, confiscate the illegal income:

(1) Infringement of citizens' personal rights, property rights and other lawful rights and interests;

(two) breach of privilege, dereliction of duty, favoritism;

(3) Soliciting or accepting bribes;

(four) interception, deduction, misappropriation, corruption of family planning funds or social support;

(five) false, concealed, forged, tampered with or refused to report the statistical data of population and family planning.

Fifty-first in violation of the provisions of this Ordinance, does not fulfill the obligation to assist in family planning management, the people's governments at all levels shall be ordered to make corrections, and give informed criticism; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Fifty-second family planning technical service personnel who violate the regulations or delay rescue, diagnosis and treatment, resulting in serious consequences, shall bear corresponding legal responsibilities in accordance with the provisions of relevant laws and regulations.

Article 53 Whoever refuses or hinders the family planning administrative department and its staff from performing official duties according to law shall be criticized and educated by the family planning administrative department and stopped; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 54 These Regulations shall come into force on October 6, 2008.