Regulations on Population and Family Planning in Henan Province in 2022

Article 1 In order to realize the coordinated development of population, economy, society, resources and environment, implement family planning, safeguard citizens' legitimate rights and interests, and promote family happiness, national prosperity and social progress, these Regulations are formulated in accordance with the Population and Family Planning Law of the People's Republic of China and the relevant provisions of the state, combined with the actual situation of this province.

Article 2 Carrying out family planning is a basic national policy of our country and the common responsibility of the whole society.

Take comprehensive measures to control the population, improve the quality of the population, promote the realization of moderate fertility level, optimize the population structure, and promote the long-term balanced development of the population.

Relying on publicity and education, scientific and technological progress, legal management and comprehensive services, we will establish and improve the reward and social security system and carry out population and family planning work.

Article 3 People's governments at all levels must strengthen their leadership over population and family planning work and be responsible for the implementation of these Regulations.

Article 4 The competent health departments of the people's governments at all levels shall be in charge of family planning work and population work related to family planning within their respective administrative areas.

The relevant departments are responsible for the relevant population and family planning work within their respective responsibilities.

Social organizations, enterprises and institutions, village (neighborhood) committees and citizens shall assist the people's government in carrying out population and family planning work.

Fifth people's governments at all levels and their staff in the implementation of family planning work, should be strictly in accordance with the law, civilized law enforcement, and shall not infringe upon the legitimate rights and interests of citizens.

The competent department of health and its staff shall be protected by law when performing official duties according to law.

Sixth every year 1 month for the province's population and family planning publicity month.

Chapter II Formulation and Implementation of Population Development Planning

Article 7 The people's governments at or above the county level shall, in accordance with the population development plans of the state and the people's governments at the next higher level and in combination with local conditions, formulate the population development plans of their respective administrative regions and incorporate them into the national economic and social development plans.

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. The implementation plan of population and family planning should stipulate measures to regulate population, improve population quality, promote the realization of moderate fertility level, optimize population structure, strengthen maternal and child health care and infant care services, and promote family development.

Township (town) people's governments and sub-district offices shall be responsible for the population and family planning work within their respective jurisdictions, and implement the implementation plan of population and family planning.

People's governments at all levels shall implement the responsibility system for the chief executive of population and family planning work, and strengthen the target management of population and family planning for the people's governments at lower levels and their departments at the same level. Population and family planning work should be regarded as an important basis for assessing the achievements of the government and its relevant departments.

Article 9 People's governments at all levels shall include the population and family planning funds into the financial budget to ensure it. According to the national economic and social development, gradually improve the overall level of population and family planning funds.

Encourage social organizations, enterprises, institutions and individuals to contribute to population and family planning work.

No unit or individual may withhold, embezzle, misappropriate or falsely report the funds for population and family planning work.

Tenth health, education, science and technology, culture, civil affairs, press and publication, radio and television departments should 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.

Schools should carry out physical health education, adolescent education and sexual health education among students in a planned way according to the characteristics of the educated.

Persons of childbearing age have the right to receive education on marriage, fertility and reproductive health.

Article 11 All state organs, social organizations, enterprises and institutions, and village (neighborhood) committees shall be equipped with full-time (part-time) family planning staff according to needs, do a good job in family planning work in their own units and regions according to law, and implement the legal representative or principal responsible person responsibility system.

Twelfth population statistics must be realistic and truthfully reported, and no unit or individual may practice fraud, forge or tamper with statistical data.

Chapter III Birth Control

Article 13 Citizens have the right to have children according to law and the obligation to carry out family planning. Both husband and wife have the same responsibility in carrying out family planning.

The legitimate rights and interests of citizens in family planning are protected by law.

Fourteenth advocate marriage and childbearing, prenatal and postnatal care. A couple (including remarried couples) can have three children.

Couples who have given birth to three children and whose children are identified as disabled can have another child.

Fifteenth couples have children, by the family to arrange their own births, the implementation of birth registration service system. Couples who have children can register with the health authorities through the birth service registration platform and receive the birth registration information form free of charge.

Chapter IV Family Planning Services

Article 16 Promote prenatal and postnatal care. Encourage citizens to have premarital medical examinations.

Medical and health institutions shall publicize and educate the knowledge of prenatal and postnatal care for people of childbearing age, carry out perinatal health care services for women of childbearing age, undertake consultation, guidance and technical services for family planning and prenatal and postnatal care, and standardize the diagnosis and treatment of infertility.

It is forbidden to use ultrasonic technology and other technical means to identify the sex of the fetus for non-medical needs; Sex-selective artificial termination of pregnancy for non-medical needs is strictly prohibited.

Seventeenth medical and health institutions found that couples of childbearing age suffer from serious genetic diseases, they should give medical advice; If it is difficult to diagnose because of the existing medical technology level, it shall explain the situation to the parties concerned. Couples of childbearing age can choose contraception, birth control, infertility and other corresponding medical measures.

Article 18 During a woman's pregnancy, the unit to which she belongs shall change the work post or place harmful to her health, so as to protect the pregnant woman and the fetus.

Nineteenth couples of childbearing age have the right to receive family planning technical services. Couples of childbearing age independently choose family planning contraceptive measures to prevent and reduce unintended pregnancy.

Family planning technical service personnel shall guide citizens who practice family planning to choose safe, effective and appropriate contraceptive measures.

Article 20 couples of childbearing age who practice family planning shall enjoy free family planning technical services for basic items such as contraceptives, pregnancy check, contraceptive removal, artificial termination of pregnancy, tubal ligation and recanalization, diagnosis and treatment of complications of family planning operation, etc. The required funds shall be included in the financial budget by the people's governments at all levels in accordance with relevant state regulations or guaranteed by social insurance.

Article 21 The state advocates that patients who have complications of family planning operation during the period when a husband and wife have one child (hereinafter referred to as patients with complications of family planning operation) shall enjoy free treatment in accordance with relevant state regulations, and the required funds shall be guaranteed by the insurance purchased by the finance or government at or above the county level. Before the end of the treatment, employees of state organs, social organizations, enterprises and institutions shall be regarded as attendance and paid wages and benefits; Rural residents and urban residents living in difficulties shall be taken care of by the local village (neighborhood) committees, and the local people's government shall give relief as appropriate.

Twenty-second health departments at or above the county level shall be responsible for the management of free distribution of family planning contraceptives and supplies within their respective administrative areas.

Chapter V Awards and Social Security

Article 23 When formulating policies for economic and social development, the relevant departments of the people's governments at all levels shall solicit the opinions of the health authorities at the same level, do a good job in linking relevant policies with population and family planning policies, and take financial, taxation, insurance, education, housing, employment and other support measures to reduce the burden of family childbearing, parenting and education. Ensure that family planning families give priority to sharing the fruits of reform and development, and improve the standards of reward and assistance according to the relevant provisions of economic and social development and national livelihood policies.

The family planning family mentioned in the preceding paragraph refers to the one-child family and the family planning family with two daughters who have not given birth to one child in violation of laws, regulations or family planning policies during the period when the state encourages a couple to have one child.

Twenty-fourth units and individuals that have made remarkable achievements in population and family planning work shall be commended and rewarded by people's governments at all levels and health departments in accordance with regulations.

Twenty-fifth couples registered for marriage according to law, in addition to the marriage leave stipulated by the state, increase the marriage leave by 18 days, and increase the marriage leave by 7 days if they participate in pre-marital medical examination; Those who give birth to children in accordance with laws and regulations, in addition to the maternity leave prescribed by the state, increase maternity leave for three months and give their spouses a month's nursing leave; The period of marriage leave, maternity leave and nursing leave is regarded as attendance.

If a child is born in compliance with laws and regulations, both husband and wife should give 10 days of parental leave every year before the child reaches the age of three, and the period of parental leave is regarded as attendance.

Twenty-sixth women in pregnancy, childbirth and lactation, in accordance with the relevant provisions of the state and the province to enjoy special labor protection and can get help and compensation. Protect the legitimate rights and interests of employed women and provide employment services for women whose employment is affected by childbirth.

Twenty-seventh in line with the provisions of contraceptive measures, respectively, enjoy the following benefits:

(a) placing intrauterine devices, rest for two days, and no heavy physical labor shall be arranged within seven days;

(2) vasectomy, rest 2 1 day;

(three) tubal ligation, rest for twenty-one days.

Employees of state organs, enterprises and institutions shall be regarded as attendance during their vacations, and pay wages and benefits. Unemployed urban residents and rural residents who have undergone the above operations shall be subsidized by the people's government of the county (city, district) or township (town) where they are located from the family planning funds.

Twenty-eighth female workers who terminate pregnancy in accordance with the relevant provisions of population and family planning shall enjoy maternity allowance in accordance with the relevant provisions of maternity insurance for employees.

Article 29 People's governments at or above the county level shall take comprehensive measures such as planning, land, housing, finance, finance and talents to promote the establishment of a universal child care service system and improve the accessibility and fairness of family services for infants and young children.

Encourage and guide social forces to set up child care institutions, and support kindergartens, institutions, enterprises, institutions and communities to provide child care services.

The establishment and service of child care institutions shall conform to the relevant standards and norms of child care services. Nursery institutions shall file with the health department of the people's government at the county level.

Thirtieth people's governments at or above the county level shall, in the construction and transformation of urban and rural communities, build infant activity places and supporting service facilities suitable for the size of the permanent population.

Public places and employers with more female employees should be equipped with maternal and child facilities to provide convenient conditions for infant care and breastfeeding.

Thirty-first people's governments at or above the county level shall strengthen the support and guidance of family infant care, and enhance the family's scientific parenting ability.

Medical and health institutions shall provide services such as vaccination, disease prevention and control for infant families in accordance with the regulations, and provide health guidance such as dietary nutrition, growth and development.

Article 32 The State advocates that couples who have obtained the Honor Certificate of the Only Child Parents during the period of giving birth to one child continue to enjoy the following benefits:

(a) from the month of issuing the certificate until the child reaches the age of 18, the parents of the only child will be given an incentive fee of more than twenty yuan per person per month.

(two) after reaching the age of 60, during the hospitalization period, the children are given no more than 20 days of nursing leave each year, and the nursing leave period is regarded as attendance.

(three) when the responsibility field is adjusted in rural areas, the parents of the only child are assigned to each person according to two people; When distributing economic benefits such as urban demolition and resettlement, resettlement for immigrants, resettlement for new rural construction, collective economic income, collective welfare, land acquisition compensation, etc. According to people, one-child families give more; Give priority to recruiting workers from township (town) village collective enterprises and institutions, agricultural economic development, loans, poverty alleviation and disaster relief.

(four) urban unemployed, self-employed and rural residents have priority to enjoy the minimum living security, affordable housing and other social security and give preferential treatment. All kinds of family planning rewards, assistance funds and other preferential funds enjoyed by them are not included in family income.

Those who have given birth after obtaining the Honor Certificate of the One-Child Parents will be terminated to enjoy the relevant preferential treatment, and the county-level health authorities will cancel the Honor Certificate of the One-Child Parents. In the country, the incentive fee for the one-child parents received during the period when a couple is encouraged to have one child will not be recovered.

Article 33 During the period when the state encourages a couple to have one child, those who should enjoy the reward and assistance for the elderly in family planning families according to the regulations will continue to enjoy the relevant reward and assistance, and give necessary priority and care in the welfare and old-age services for the elderly.

Thirty-fourth couples who have obtained the "Glory Certificate of the Only Child Parents" and the only child are accidentally disabled or killed shall be given assistance in accordance with the regulations. The people's governments at or above the county level shall establish and improve the comprehensive assistance and security system for the life, pension, medical care and spiritual comfort of the above-mentioned personnel.

Couples with accidental disability or death of the only child and patients with complications of family planning operation, who meet the relevant preferential conditions of the state, will be given double preferential payments on the basis of national assistance standards.

The state's special assistance standards for couples whose only child is accidentally disabled or killed are different in urban and rural areas, and higher standards shall be implemented.

The people's governments at the provincial and county levels shall provide assistance to couples whose only child has died.

Couples whose only child was accidentally disabled or died, and the woman reached the age of 49, can pay nursing subsidies during the period of life difficulties or hospitalization. Parents of the only child who have reached the age of 60 can refer to the implementation.

Couples who have lost their ability to take care of themselves after the death of their only child shall be given life care and material help with reference to the management system, support methods and standards of the poor population.

Article 35 The local people's government shall give appropriate subsidies to the only-child parents and family planning parents who participate in the social endowment insurance for urban and rural residents and the basic medical insurance for urban and rural residents. For the only-child parents and family planning dual-female parents who care for the elderly at home, the government will purchase old-age care services.

Chapter VI Legal Liability

Thirty-sixth insult, threat, beating family planning workers, medical personnel and other personnel, destroying their property or otherwise obstructing the normal work of family planning, by the public security organs in accordance with the "People's Republic of China (PRC) Public Security Management Punishment Law" will be punished; Those who are state functionaries shall be punished; If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-seventh in violation of the provisions of this Ordinance, one of the following acts, by the health authorities according to their functions and powers shall be ordered to make corrections, given a warning, confiscate the illegal income; If the illegal income is more than 1 10,000 yuan, a fine of more than one time but less than six times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 1 10,000 yuan, a fine ranging from 1 10,000 yuan to 30,000 yuan shall be imposed; If the circumstances are serious, the original issuing authority shall revoke its practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(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.

Thirty-eighth child care institutions in violation of the relevant standards and norms of child care services, by the health authorities shall be ordered to correct, given a warning; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan; If the circumstances are serious, it shall be ordered to stop the nursery service and impose a fine of more than 50,000 yuan100,000 yuan.

If the nursery institution abuses infants, the directly responsible person in charge and other directly responsible personnel shall not engage in infant nursery services for life; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 39 State functionaries who commit any of the following acts in family planning work, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished 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) corruption, misappropriation, interception, deduction, false family planning funds;

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

Fortieth in violation of the provisions of this Ordinance, does not fulfill the obligation to assist in family planning management, the relevant local people's government shall order it to correct, and give it to informed criticism; The legal representative or principal responsible person, the directly responsible person in charge and other directly responsible personnel of the unit shall be punished according to law.

Article 41 If the people's governments of cities, counties (cities, districts) and townships (towns), sub-district offices, state organs, social organizations, enterprises and institutions, and village (neighborhood) committees under provincial jurisdiction fail to perform their duties in population and family planning work, or fail to complete the annual targets of population and family planning work, the following treatment shall be given:

(a) that year shall not be rated as a comprehensive advanced collective and civilized unit;

(2) informed criticism;

(three) according to the situation, shall be investigated for the responsibility of the main leaders, leaders in charge and department leaders.

Chapter VII Supplementary Provisions

Article 42 These Regulations shall come into force on June 1 2003. 1The Regulations on Family Planning in Henan Province adopted at the 15th meeting of the Standing Committee of the Seventh People's Congress of Henan Province on April 2, 990 and revised at the 15th meeting of the Standing Committee of the Ninth People's Congress of Henan Province on March 30, 2000 shall be abolished at the same time.