What is a certain regulation of population and family planning in Xinjiang?

What you are talking about should be the Regulations on Population and Family Planning in Xinjiang Uygur Autonomous Region promulgated and implemented in 2003 and the Decision on Amending the Regulations on Population and Family Planning in Xinjiang Uygur Autonomous Region adopted at the 24th meeting of the Standing Committee of the Tenth People's Congress on May 25th, 2006.

Decision of the Standing Committee of the People's Congress of Xinjiang Uygur Autonomous Region on Amending the Regulations of Xinjiang Uygur Autonomous Region on Population and Family Planning: Revised Edition

(Adopted at the 24th meeting of the Standing Committee of the Tenth People's Congress of Xinjiang Uygur Autonomous Region on May 25, 2006)

Chapter I General Provisions

Chapter II Formulation and Implementation of Population Development Planning

Chapter III Birth Control

Chapter IV Awards and Social Security

Chapter V Technical Services for Family Planning

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

The 24th meeting of the Standing Committee of the Tenth People's Congress of Xinjiang Uygur Autonomous Region has decided to make the following amendments to the Regulations on Population and Family Planning of Xinjiang Uygur Autonomous Region:

1. Article 3 is amended as: "Family planning is the basic national policy of the country and the common responsibility of every citizen and the whole society. Family planning work adheres to the principles of publicity and education, giving priority to contraception and regular work; Adhere to the combination of economic development and helping the masses to get rich through hard work and build a happy family; Take comprehensive measures, rely on scientific and technological progress and comprehensive services, establish and improve the reward and social security system, actively promote the reward and assistance system for rural family planning families and the assistance system for rural families with one-child death and disability, reduce the fertility level, improve the quality of the population, and promote sustainable economic and social development. "

2. One item is added as Item (3) in Article 18, namely: "One of the remarried couples has reached the number of children specified in Items (1) and (2) of this Article, and the other has not given birth."

Three, the first paragraph of article twenty-second is amended as: "the birth of more than two children, advocate birth spacing." Delete the second paragraph of this article.

4. Article 45 is deleted, that is, "In violation of the provisions of Article 22 of these regulations, if the interval between births of urban residents and rural residents is not full, the social support fee for the remaining time from the date of expiration of the interval between births shall be levied on a monthly basis based on the per capita disposable income or per capita net income of the county (city) where it is located in the previous year."

This decision shall come into force as of the date of promulgation.

The Regulations on Population and Family Planning in Xinjiang Uygur Autonomous Region shall be revised according to this decision and re-promulgated after adjusting the order of the terms.

Regulations of Xinjiang Uygur Autonomous Region on Population and Family Planning (Amendment)

(Adopted at the 30th meeting of the Standing Committee of the Ninth People's Congress of Xinjiang Uygur Autonomous Region on June 28, 2002 +065438+ revised according to the decision of the Regulations on Population and Family Planning of Xinjiang Uygur Autonomous Region on May 25, 2006)

Chapter I General Provisions

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 other relevant laws and regulations, combined with the actual situation of the autonomous region.

Article 2 These Regulations shall apply to China citizens who have permanent residence or live in the administrative area of the autonomous region, as well as organs, social organizations, enterprises, institutions and other organizations within the administrative area of the autonomous region.

Article 3 Family planning is the basic national policy of the country and the common responsibility of every citizen and the whole society. Family planning work adheres to the principles of publicity and education, giving priority to contraception and regular work; Adhere to the combination of economic development and helping the masses to get rich through hard work and build a happy family; Take comprehensive measures, rely on scientific and technological progress, provide comprehensive services, establish and improve the reward and social security system, actively promote the reward and assistance system for rural family planning families and the assistance system for rural families with one-child death and disability, reduce the fertility level, improve the quality of the population and promote sustainable economic and social development.

Fourth population and family planning work to implement the target management responsibility system, the legal representative responsibility system, family planning and reproductive health care contract management system.

Article 5 People's governments at all levels shall lead the population and family planning work within their respective administrative areas. The family planning administrative departments of the people's governments at or above the county level shall be responsible for family planning work and population work related to family planning within their respective administrative areas. Finance, civil affairs, health, labor and social security, public security, industry and commerce and other relevant departments shall be responsible for the relevant population and family planning work within the scope of their respective duties and in accordance with the principle of comprehensive management.

Article 6 Trade unions, the Communist Youth League, women's federations, family planning associations and other social organizations, enterprises, institutions and citizens shall support and cooperate with the people's governments in carrying out population and family planning work.

Article 7 People's governments at all levels shall reward organizations and individuals that have made remarkable achievements in population and family planning work.

Chapter II Formulation and Implementation of Population Development Planning

Article 8 The people's governments at or above the county level shall, according to the population development plan formulated by the people's government at the next higher level and in combination with the local population development situation, formulate the population development plan within their respective administrative areas, incorporate it into the national economic and social development plan, and formulate and organize the implementation of the population and family planning implementation plan. The family planning administrative department at or above the county level is responsible for the daily work of implementing the population and family planning implementation plan. The people's governments of townships, nationality townships and towns and the 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.

Ninth organs, social organizations, enterprises and institutions, the legal representative (person in charge) shall sign a target management responsibility letter with the local family planning management institutions to ensure the implementation of incentives and preferential policies. Villagers' committees and residents' committees shall incorporate population and family planning into the content of villagers' and residents' self-government, implement the system of family planning village affairs openness, government affairs openness, democratic appraisal and supervision, and do a good job in family planning work according to law. Urban population and family planning work should rely on the community, face a family, and widely carry out comprehensive family planning services.

Article 10 Departments of family planning, education, science and technology, culture, health, factories, press and publication, radio and television, schools, etc. shall adopt various forms to carry out targeted publicity and education on population and family planning such as prenatal and postnatal care, physical health, adolescence and sexual health. The mass media have the obligation to publicize the population and family planning for public welfare.

Article 11 People's governments at all levels shall incorporate population and family planning funds into their financial budgets, gradually raise the overall level of funds input, so that the growth rate of family planning funds is higher than that of fiscal revenue at the same level, and give key support to population and family planning work in remote and poor areas.

State organs, social organizations, enterprises, institutions and other organizations shall arrange necessary funds to ensure the development of population and family planning work. No unit or individual may withhold, deduct or misappropriate funds for population and family planning work.

Twelfth population and family planning statistics shall abide by relevant laws and regulations. No unit or individual may falsely report, conceal, forge, tamper with or refuse to report the statistical data of population and family planning.

Thirteenth family planning administrative departments should publicize family planning laws and procedures, administration according to law, civilized law enforcement, and shall not infringe upon the legitimate rights and interests of citizens.

Chapter III Birth Control

Article 14 Citizens have the right to have children according to law and the obligation to carry out family planning. Encourage late marriage and childbearing, and advocate fewer children and better children.

Han nationality citizens with male over 25 years old and female over 23 years old, and ethnic minority citizens with male over 23 years old and female over 2 1 year old get married for the first time. Those who reach the age of late marriage and give birth for the first time after marriage are late childbearing.

Fifteenth urban Han couples can have one child, ethnic minority couples can have two children, Han farmers and herdsmen couples can have two children, and ethnic minority farmers and herdsmen couples can have three children.

Before the implementation of these regulations, the provisions of the preceding paragraph shall not apply to couples who have reached the number of children according to the birth policy at that time.

If one of the husband and wife is a minority, they shall have children according to the family planning regulations of the minority; If one of the husband and wife is an urban resident, they shall have children according to the urban family planning regulations.

Article 16 If a citizen meets the prescribed conditions after marriage registration according to law, both parties shall go through the birth formalities at the township people's government or subdistrict office where the woman's household registration is located before giving birth, and obtain the birth service certificate.

Seventeenth meet one of the following conditions, approved by the county (city) administrative department of family planning, can have another child:

(1) disabled soldiers, who is above the second level, or a person of the same level who is disabled in the line of duty;

(two) infertility after marriage, in line with the provisions of the "People's Republic of China (PRC) Adoption Law", Han couples adopt one child, and minority couples adopt two children and get pregnant;

(three) one of the spouses has been engaged in underground operations for more than five years and is still engaged in underground operations;

(4) Both husband and wife are only children;

(five) one of the husband and wife is the only child of the martyr;

(six) by the state (prefecture, city) family planning administrative departments to organize the identification, in line with the provisions of the birth of sick and disabled children, can not grow into a normal labor force, but medically believe that couples can give birth again.

Eighteenth couples who meet one of the following conditions (except remarried couples) may have another child with the approval of the family planning administrative department of the county (city):

(1) Han couples in cities and towns have only given birth to one child before remarriage, and ethnic minority couples have only given birth to two children before remarriage;

(2) Rural Han couples only had two children before remarriage, and ethnic minority couples only had three children before remarriage;

(three) the number of children born by one of the remarried couples has reached the number of children specified in items (1) and (2) of this article, and the other party has not given birth.

Nineteenth in line with the provisions of seventeenth and eighteenth, the examination and approval authority shall make a decision within 30 days from the date of receiving the application, and report to the state (city) family planning administrative department for the record.

Twentieth couples who meet the reproductive conditions, illegally adopt their own children or abandon or buy or sell their own children, shall not have any more children.

Twenty-first couples who have twins or multiple births shall not have any more children if the number of their children reaches the number stipulated in family planning.

Twenty-second birth of more than two children, advocate birth spacing.

Twenty-third spouses are compatriots from Hong Kong, Macao and Taiwan or foreign citizens, and their births shall be handled in accordance with relevant state regulations.

Chapter IV Awards and Social Security

Article 34 The autonomous region shall establish and improve social security systems such as basic old-age insurance, basic medical insurance, maternity insurance and social welfare, carry out family planning, and encourage various old-age security measures guided by the government and voluntary by farmers in rural areas.

Twenty-fifth staff of state organs, social organizations, enterprises and institutions who marry late, in addition to the marriage leave prescribed by the state, increase the marriage leave for 20 days. In addition to the maternity leave stipulated by the state, the female employees who give birth late are given 30 days maternity leave and 15 days nursing leave. During marriage leave, maternity leave and nursing leave, wages and bonuses will be paid as usual.

Farmers and herdsmen who marry late and have children late will be exempted from the labor services raised by the collective production and public welfare undertakings of both husband and wife for one year, or the local people's government will give corresponding rewards.

Twenty-sixth citizens to carry out family planning surgery, according to the provisions of the state vacation, wages and bonuses.

Twenty-seventh couples voluntarily have only one child for life or adopt only one child for life and no longer have children. Before the children reach the age of 16, they can apply for the honor certificate of the father of the only child. Ethnic minority couples who voluntarily give birth for life or adopt two children and no longer give birth can apply for the Certificate of Honor for Family Planning Parents before their children reach the age of 16.

"Glory Certificate" is issued by the people's government of the township (town) where the woman is located and the subdistrict office.

Twenty-eighth urban residents to receive a "certificate of honor" of the family, can enjoy the following benefits:

(a) from the month of obtaining the certificate until the child reaches the age of 16, pay the health care fee of not less than 10 yuan every month. The total medical and health care expenses enjoyed by ethnic minorities shall not exceed 16 years;

(two) if both husband and wife retire, the unit where they work will give them a bonus of 5% of their salary, or a one-time reward of not less than 2,000 yuan;

(three) for families included in the social relief object, priority is given to the payment of social relief funds and living difficulties subsidies.

Twenty-ninth farmers and herdsmen to receive a "certificate of honor" of the family, in addition to enjoying the treatment of article twenty-eighth (three), you can also enjoy the following benefits:

(a) by the people's government at the county level to give a one-time award of not less than 2000 yuan;

(2) exempting the husband and wife from collective production and labor services raised by public welfare undertakings for one year;

(3) giving priority to contracting land and dividing the homestead;

(4) If the children of the certified family are disabled or die, and the husband and wife no longer give birth or adopt children, and have no source of income or lose the ability to work, the people's government of the township (town) where they are located shall list them as five-guarantee families;

(five) give priority to key support objects, and give priority to providing services in technology, information and agricultural means of production;

(six) give priority to all kinds of poverty alleviation funds and loans for poor families, give priority to poverty alleviation projects and practical technical training of materials and technologies, and give priority to other preferential policies for poverty alleviation;

(seven) other preferential treatment formulated by the local people's government.

Rural family planning families can enjoy the preferential policies applicable to family planning families stipulated in items 5, 6 and 7 of the preceding paragraph.

Thirtieth couples who receive health care fees, if both parties have employers, each unit shall bear 50%; If one party is useless or dies, it shall be fully borne by the employer of the other party; Engaged in self-employed, charged in the industrial and commercial administrative fees; Urban residents whose husband and wife are useless units shall be certified by the township (town) people's government and sub-district office.

Article 31 The labor protection, health care and maternity treatment of women of childbearing age who practice family planning during pregnancy, childbirth and lactation shall be implemented in accordance with relevant state conditions.

Thirty-second people's governments at or above the county level may set up special funds for population and family planning awards to reward citizens who practice family planning and provide social security. The funds come from the financial input of people's governments at all levels, social support fees collected and donations from social groups, enterprises, institutions and other organizations and individuals.

Chapter V Technical Services for Family Planning

Article 33 People's governments at all levels shall establish a comprehensive service system for family planning and reproductive health care, popularize scientific knowledge of contraception, prenatal and postnatal care and reproductive health, provide family planning and reproductive health services, and improve citizens' reproductive health and newborn health.

Article 34 People's governments at all levels shall establish and improve the family planning education service network, strengthen the construction and management of family planning technical service institutions and medical and health care institutions engaged in family planning technical services in accordance with the requirements of the State Council's Regulations on the Administration of Family Planning Technical Services, make use of existing health resources, improve service conditions, standardize service standards, and enhance work ability.

Thirty-fifth family planning technical service institutions and medical institutions engaged in family planning technical services. Medical and health institutions shall publicize and educate people of childbearing age about the basic knowledge of population and family planning, provide medical examination services for contraception and birth control on a regular basis, and improve the safety and effectiveness of contraception and birth control; Carry out pregnancy examination and follow-up services for married women of childbearing age to prevent and reduce unwanted pregnancies.

Thirty-sixth couples who practice family planning use contraceptives distributed free of charge by the state.

Couples who practice family planning in cities enjoy the family planning technical services of basic projects stipulated by the state, and the expenses such as examination and contraception can be paid in social insurance funds such as maternity or medical care; Did not participate in social insurance, paid by the unit or neighborhood offices from the family planning fees.

Couples who practice family planning in rural areas enjoy family planning technical services for basic projects stipulated by the state free of charge.

Thirty-seventh family planning technical service institutions and medical and health institutions engaged in family planning technical services shall guide citizens to choose safe, effective and appropriate contraceptive measures to ensure the safety of patients.

Thirty-eighth couples of childbearing age should consciously implement family planning contraceptive measures and accept technical guidance on family planning.

Advocate and encourage couples who have given birth to children to choose contraceptive methods based on long-term measures. If a person is diagnosed with a serious genetic disease that is medically unsuitable for childbearing after premarital medical examination, long-term contraceptive measures should be taken after marriage. If you are pregnant unexpectedly or do not meet the statutory fertility conditions, you should take remedial measures in time.

Thirty-ninth engaged in family planning surgery, must obtain the "family planning certificate" according to law. Service machine organization license or medical institution practice license (hereinafter referred to as license). It is forbidden to engage in family planning operations beyond the service scope stipulated in the license.

It is forbidden for any institution or individual to use modern scientific and technological means such as ultrasonic diagnostic apparatus and chromosome detection to identify and select the sex of the fetus for non-medical needs and artificially terminate pregnancy.

Fortieth the relevant departments of the people's governments at or above the county level shall establish and improve the supervision and management system of free distribution of contraceptives, retail supply in the market and sales of sexual health products.

Chapter VI Legal Liability

Forty-first in violation of the provisions of Article 15, Article 17, Article 18, Article 20 and Article 21 of these regulations, social maintenance fees shall be levied in accordance with the following provisions:

(a) urban residents in accordance with the county (city) announced last year's per capita disposable income of 0-8+65438 times;

(two) rural residents in accordance with the county (city) last year announced the per capita net income of farmers 1-8 times.

Article 42 If a child is born out of wedlock in violation of the provisions of these Regulations, the social support fee of 1-8 times shall be levied based on the per capita disposable income of the city or the per capita net income of the countryside in the county (city) where the illegal party is located in the previous year, and the total amount of both parties shall not exceed 10 times.

Forty-third illegal parties' actual income is lower than the local per capita income level of the previous year, and the social support fee shall be levied at 1-3 times; Equivalent to the local per capita income level of the previous year, levied at 3-6 times; Higher than the local per capita income level in the previous year, levied at 6-8 times.

If more than two children are born illegally, the social support fee will be doubled one by one.

Article 44 If the actual income of one or both parties who have given birth illegally or out of wedlock exceeds the local per capita income in the previous year, in addition to collecting social support fees in accordance with the provisions of Articles 41 and 42 of these Regulations, social support fees shall be collected according to the ratio of 1-2 of the excess.

Forty-fifth illegal birth of children in the household registration is not in the same county (city), the family planning administrative department of the county (city) where the party with high per capita income in the previous year shall collect social support fees; Except in accordance with the provisions of Article 42 of this Ordinance, both parties shall collect social support fees at the same time. If the family planning administrative department of the county (city) where one party violates the law has collected social support fees, the county (city) where the other party is located shall not collect them again.

Forty-sixth collection of social maintenance fees, the family planning administrative department of the county (city) where the illegal birth party is located shall make a decision on the collection; The county (city) family planning administrative department may also entrust the township (town) people's government or the street office where the party is located to make a unilateral expropriation decision.

Article 47 Social maintenance fees may be collected by the county (city) family planning administrative department, or collected and remitted by the entrusted unit, township (town) people's government or subdistrict office, or by Mouhang and rural credit cooperatives. The collection unit shall issue a receipt for social maintenance fees uniformly printed by the Finance Department of the autonomous region to the parties concerned. Specific collection measures shall be formulated by the financial department of the autonomous region.

Forty-eighth children in violation of the provisions of this Ordinance, in addition to the provisions of the collection of social support fees, but also in accordance with the following provisions:

(a) the national fresh, social organizations, enterprises and institutions of workers to take care of themselves, within three years shall not be promoted, advanced selection, and given administrative sanctions by the unit;

(two) rural residents shall not enjoy collective welfare within three years;

(three) have received a "certificate of honor" and gave birth, since the birth of the month to stop enjoying the preferential treatment and rewards stipulated in these regulations, and to recover the "certificate of honor" and the health care fees and bonuses that have been enjoyed.

Forty-ninth one of the following acts, the county (city) family planning administrative department or the administrative department of health according to their functions and powers shall be ordered to make corrections, given a warning, confiscate the illegal income; Illegal income of more than ten thousand yuan, led by the illegal income; A fine of less than six times; If there is no illegal income or the illegal income is less than one yuan, a fine of not less than ten thousand yuan but not more than thirty thousand 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;

(2) Others carry out fetal sex identification or selective artificial termination of pregnancy for non-medical needs;

(three) the implementation of family planning operations without obtaining legal qualifications;

(four) the implementation of false birth control, false medical identification, issued a false certificate of family planning.

Article 50 Anyone who forges, alters or sells a family planning certificate shall have his illegal income confiscated by the family planning administrative department at or above the county (city). If the illegal income is more than 5,000 yuan, a fine of more than two times and less than ten times the illegal income shall be imposed. If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 5,000 yuan to 30,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

If a family planning certificate is obtained by improper means, the family planning administrative department shall cancel its family planning certificate, and the person in charge directly responsible and other directly responsible personnel who issue the certificate shall be given administrative sanctions according to law.

Fifty-first 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 administrative regulations.

Article 52 Any functionary of a state organ who commits one 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 given administrative sanctions according to law; Illegal income shall be confiscated: (1) refusing to issue maternity service certificates to couples who meet the prescribed conditions or deliberately making things difficult, infringing on citizens' personal rights, property rights and other legitimate rights and interests;

(two) does not meet the family planning regulations, the use of authority or work to get pregnant;

(four) serious abuse of women or abandonment of baby girls and disabled children due to childbirth;

(five) take revenge to report the masses;

(6) Interfering with or preventing others from taking contraceptive measures;

(seven) harboring or harboring people who violate family planning.

Article 55 Citizens, legal persons and other organizations may apply for administrative reconsideration or bring an administrative lawsuit according to law if they think that the specific administrative acts of administrative organs and their staff in family planning management infringe upon their legitimate rights and interests.

Chapter VII Supplementary Provisions

Fifty-sixth family planning management of floating population, in accordance with the relevant provisions of the state and the autonomous region.

Article 57 These Regulations shall come into force on June 1 2003.