Who can find Shanxi Family Planning Regulations 1989, which was implemented on September 22nd?

65438+1revised at the second meeting of the Ninth People's Congress of Shanxi Province on April 6, 1999, and shall come into force as of June 6, 1999.

Chapter I General Principles

Article 1 In order to control the population, improve the quality of the population, and adapt the population growth to the national economic and social development, these Regulations are formulated in accordance with the Constitution of People's Republic of China (PRC) and relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to citizens with household registration in this province and organs, social organizations, enterprises and institutions within the administrative region of this province.

The family planning management of floating population within the administrative area of this province shall be governed by the Measures for the Administration of Family Planning of Floating Population and these Regulations.

Article 3 It is the common responsibility of the whole society to implement the basic national policy of family planning, and comprehensive management must be implemented.

Article 4 Both husband and wife have the obligation to carry out family planning, and their legitimate rights and interests in family planning are protected by law.

Advocate late marriage and late childbearing, have fewer children, and have good children.

Article 5 Family planning work adheres to the principles of publicity and education, giving priority to contraception and regular work; Adhere to the combination of developing the economy with helping the masses get rich through hard work and building civilized and happy families.

Article 6 People's governments at all levels shall incorporate the population plan into the local national economic and social development plan, earnestly strengthen leadership, take effective measures, organize and coordinate relevant departments to do a good job in family planning, and ensure that the population is controlled within the predetermined target.

Seventh population and family planning work to implement the target management responsibility system.

The main person in charge of the people's governments at all levels is the first person in charge of population and family planning work in this administrative region.

The implementation of the target management responsibility system for population and family planning work should be regarded as an important part of assessing the achievements of people's governments at all levels and their main responsible persons.

Eighth people's governments at or above the county level shall include family planning funds in the fiscal budget at the corresponding level, and increase it year by year; The township (town) people's government shall allocate a certain proportion of township overall planning expenses to family planning work every year; Organs, social organizations, enterprises and institutions shall arrange necessary family planning funds.

Ninth family planning administrative departments at all levels shall be in charge of family planning work within their respective administrative areas, and shall be responsible for the guidance, coordination, supervision and management of family planning work. Its main responsibilities are:

(1) Organizing publicity and education on population and family planning;

(two) to undertake the implementation and assessment of the target management responsibility system for population and family planning work;

(three) responsible for the birth management of the population of childbearing age;

(four) comprehensive management of family planning technical services;

(five) other duties as prescribed by laws and regulations.

Tenth levels of planning, finance, public security, civil affairs, health, labor, urban construction, industry and commerce administration departments, should be based on the division of responsibilities, do a good job in family planning.

Propaganda, education, culture, press and publication, radio and television departments and mass media at all levels should strengthen publicity and education on family planning.

Trade unions, youth leagues, women's federations, family planning associations and other social organizations shall assist family planning administrative departments to do a good job in family planning among the masses.

Eleventh village (neighborhood) committees shall publicize the family planning laws and regulations, educate and promote the village (neighborhood) people to conscientiously fulfill their family planning obligations, and assist the township (town) people's government and sub-district offices to carry out family planning work.

Twelfth the implementation of family planning official duties according to law is protected by law, and no organization or individual may hinder it.

Chapter II Birth Control

Thirteenth men over 25 years of age, women over 23 years of age for the first time marriage is late marriage; The first child born to a married woman at the age of 24 is late childbirth.

Advocate a couple to have one child and strictly control the birth of a second child. Unplanned births are prohibited.

Article 14 Adoption of children shall comply with the Adoption Law of People's Republic of China (PRC) and family planning laws and regulations. It is strictly forbidden to have children in violation of family planning regulations in the name of adopting children.

The person who puts out the child for adoption shall not give birth to another child in violation of family planning regulations on the grounds of putting out the child for adoption.

Fifteenth in accordance with one of the following circumstances, the approval can give birth to a second child:

(a) the first child has been identified by the medical appraisal institution of the disabled child of the only child at or above the prefecture (city) level, and suffers from non-hereditary disability and cannot grow into a normal labor force;

(2) Both husband and wife are only children;

(three) both husband and wife are ethnic minorities or returned overseas Chinese.

Appraised by medical institutions above the prefecture (city) or family planning technical service institutions, if one of the husband and wife suffers from infertility (pregnancy) and becomes pregnant after adopting a child according to law, they can have a child after approval.

In accordance with the provisions of the first paragraph, or in accordance with the provisions of the second, third and second paragraphs of the first paragraph, and one or both of the husband and wife are non-agricultural population, it shall be approved by the local (city) family planning administrative department.

Both husband and wife are agricultural population, and if they meet the provisions of the second, third and second items of the first paragraph, they shall be approved by the family planning administrative department of the county (city, district).

Sixteenth both husband and wife are agricultural population, in accordance with one of the following circumstances, with the approval of the county (city, district) family planning administrative department, you can have a second child:

(1) There is only one girl;

(2) Having lived in a poor natural village in a mountainous area that has not been included in the immigration plan for more than 7 years and only has one child;

(3) the man has settled in a family with a daughter and no children, and supports the woman's parents;

(four) the man's brother or brother's spouse, who has reached the age of 30, has been identified as infertile by medical institutions or family planning technical service institutions at or above the county level.

In accordance with the provisions of the third paragraph of the preceding paragraph, if there are more than two sisters, only one of them will be approved.

Seventeenth remarried couples meet one of the following circumstances, with the approval of the family planning administrative department of the county (city, district), they can have another child:

(a) one party has given birth to a child and the other party has not given birth;

(two) one party has given birth to two children, and the other party has not given birth;

(3) Both parties have given birth to a child before remarriage, and they all live together with their original spouses according to law.

Eighteenth due to the needs of special circumstances such as family planning policy pilot, scientific research, according to the wishes of both husband and wife, the provincial family planning administrative department may approve the birth of a second child.

Nineteenth in accordance with the provisions of this Ordinance fifteenth to eighteenth cases, the woman must be at least 28 years of age.

Chapter III Organization and Management

Twentieth family planning administrative departments at all levels shall, in accordance with the provisions of these regulations, formulate implementation plans and organize their implementation after being approved by the people's government at the same level.

Twenty-first township (town) people's governments and sub-district offices shall be equipped with full-time family planning staff in accordance with the proportion of the population, responsible for the specific work of family planning.

Twenty-second village (neighborhood) people's family planning work by the village (neighborhood) committees. Village (neighborhood) committees shall determine the administrators of family planning work according to the proportion of the population and undertake the specific work of family planning.

Village (neighborhood) committees shall, in accordance with the provisions of these regulations, formulate plans for the implementation of family planning, and seriously organize their implementation.

Twenty-third organs, social organizations, enterprises and institutions shall be responsible for family planning work by their legal representatives; If there is no legal representative, the principal responsible person shall be responsible. Organs, social organizations, enterprises and institutions shall determine full-time (part-time) family planning staff to undertake the specific work of family planning.

Twenty-fourth family planning management of laid-off workers, by the original unit and the domicile of the township (town) people's government or street office is responsible for, mainly by the original unit; The family planning management of the unemployed and other personnel shall be the responsibility of the township (town) people's government or the street office where the current residence is located, with the current residence as the main place.

Twenty-fifth couples who have their first child shall go to the township (town) people's government or sub-district office where the woman's household registration is located before giving birth; The township (town) people's government or sub-district office shall also issue its maternity service certificate.

In accordance with the provisions of this Ordinance to apply for another child, after verification by the people's government of the township (town) or the street office where the woman's household registration is located, it shall be reported to the examination and approval authorities as stipulated in Articles 15 to 18 for examination and approval. Those who meet the conditions for examination and approval shall be approved and issued with a maternity service certificate within 30 days from the date of accepting the application; If it is really necessary to carry out the medical appraisal of the disabled only child, it shall not exceed 90 days.

If it does not meet the conditions for examination and approval, it shall give a written explanation to the applicant within 30 days from the date of accepting the application.

Those who give birth to children in accordance with the provisions of the second paragraph of Article 15 of these regulations shall be regarded as having children again.

Twenty-sixth family planning administrative departments must strictly examine the application for re-birth, and those who violate the provisions of these regulations shall not be approved.

No organization or individual may issue false certificates for couples who apply for another child.

If a party obtains the approval document of family planning through fraud, once verified, the approval document is invalid.

Twenty-seventh household registration management departments shall regularly inform the family planning administrative departments at the same level about the household registration of newborns.

When the administrative department of family planning learns about the household registration of newborns from the household registration management department, the household registration management department shall cooperate.

Twenty-eighth in violation of the provisions of this Ordinance to give birth to children, by the township (town) people's government or street offices to collect unplanned birth fees. The management and use of unplanned birth expenses must strictly implement the relevant provisions of the state and the province.

Twenty-ninth organs, social organizations, enterprises and institutions and village (neighborhood) committees shall regularly announce the issuance of maternity service certificates, population births, unplanned births, etc. And accept the supervision of the masses.

Thirtieth population and family planning statistics should be timely and accurate. No organization or individual may conceal, falsely report, tamper with or forge family planning statistics.

Thirty-first after the death of a baby, his relatives shall promptly report to the township (town) people's government or the street office, and submit the certificate issued by the medical and health care institution or the family planning technical service institution; Can not issue a certificate, verified by the township (town) people's government or street offices.

Chapter IV Technical Services

Thirty-second provinces, prefectures (cities), counties (cities, districts) and townships (towns) shall establish and improve the family planning technical service network to provide scientific, safe, effective and convenient reproductive health care services such as birth control and infertility for the population of childbearing age.

A family planning technical service institution shall obtain a practice license issued by the family planning administrative department.

When using drugs, family planning technical service institutions shall implement the relevant provisions of the Drug Administration Law of People's Republic of China (PRC).

Thirty-third medical and technical personnel of family planning technical service institutions must obtain the qualification of practicing doctors and the certificate of family planning technical service.

All kinds of medical and health institutions at all levels shall accept the supervision and guidance of the family planning administrative department in carrying out family planning technical services.

Family planning technical service institutions and medical and health institutions must carry out family planning operations in strict accordance with the provisions of routine birth control operations to ensure the safety and health of patients.

Persons or individual practitioners who have not obtained the qualification of medical practitioners are prohibited from performing family planning operations.

Article 34 Marriage and childbirth should be guided by eugenics. Gradually carry out pre-marital medical examination.

Family planning technical service institutions and medical and health institutions shall popularize the basic knowledge of contraception, birth control and other reproductive health care, and regularly provide married women of childbearing age with health care services such as pre-pregnancy, pregnancy and birth control measures, and married women of childbearing age shall cooperate.

Thirty-fifth couples usually have one child except those with contraindications, and one party should take long-term birth control measures; If there are more than two children, one party shall undergo sterilization; If there is an unexpected pregnancy, remedial measures should be taken.

If one of the husband and wife suffers from genetic diseases that are medically considered unsuitable for childbearing, the doctor shall inform and guide them to take safe and effective contraceptive measures; If she is pregnant, the doctor should inform her to terminate the pregnancy.

Article 36 If one of the husband and wife meets the reproductive conditions after sterilization, with the approval of the family planning administrative department of the county (city, district), the subject may apply for reoperation, and the expenses shall be paid from the family planning operation fee.

Thirty-seventh complications or medical accidents caused by family planning operations shall be borne by the surgical institutions according to law.

If complications or medical accidents caused by family planning operations need to be identified, they shall be identified by family planning technical appraisal institutions and medical accident appraisal institutions respectively. The appraisal institution shall make an appraisal conclusion in a timely and fair manner.

Thirty-eighth it is forbidden to identify the sex of a fetus by technical means, unless it is really necessary in medicine.

Article 39 The administrative department of family planning shall strengthen the management of the distribution and supply of contraceptives, and inspect and supervise the business activities of contraceptives jointly with the departments of drug supervision, industry and commerce administration and price control.

Prohibit illegal operation of contraceptives; It is forbidden to operate fake and inferior contraceptives.

Chapter V Preferential Treatment and Rewards

Fortieth in line with the provisions of late marriage, enjoy marriage leave 1 month; One party who marries late enjoys it, and both parties enjoy it. Those who meet the conditions of late childbirth shall enjoy maternity leave for 4 months; Those who take long-term birth control measures during maternity leave shall enjoy maternity leave for 6 months. Wages and bonuses will be paid during marriage leave and maternity leave.

If one or both of the husband and wife is an agricultural population and marries late and gives birth late, one or both of them will be exempted from collective compulsory labor 1 year.

Forty-first couples who have only one child or adopt one child shall be issued a certificate of honor by the township (town) people's government or the subdistrict office, and enjoy the following rewards and preferential treatment:

(a) from the date of receiving the certificate of honor for the parents of the only child until the one-child 16 years old, the one-child parents' incentive fee of not less than 10 yuan shall be paid to both husband and wife on a monthly basis. Specific incentives shall be formulated by the provincial people's government.

(two) children's enrollment, compulsory education, medical care and other expenses, can be subsidized by both units.

(three) retirement can be given a one-time reward by the unit.

Forty-second one or both of the husband and wife are agricultural workers, and they receive the honor certificate of the only child parents. In addition to the rewards and preferential treatment stipulated in Article 41, they also enjoy the following preferential treatment:

(a) give priority to poverty alleviation or getting rich, and give support in terms of projects, funds and technology;

(two) agriculture, forestry, water conservancy, science and technology, supply and marketing departments should give preferential treatment in technical services, information and supply of agricultural means of production;

(three) in the export of labor services or recruitment, under the same conditions, give priority to their family labor;

(4) Exempting one of the spouses from collective compulsory labor for five years;

(five) give priority to the homestead;

(six) to increase the share of villagers' welfare distribution for one person;

(seven) children's expenses during the period of compulsory education;

(eight) their children to participate in the province's enrollment or recruitment, priority admission under the same conditions;

(nine) if the woman is over 40 years old, the township (town) people's government may handle the old-age insurance for one or both agricultural population, and the expenses shall be paid from the township overall planning fee and unplanned birth fee.

Article 43 If one spouse is sterilized, he/she shall take two to three weeks' leave after operation, and if the other spouse needs to breastfeed, he/she shall be given two weeks' leave after the operation. During vacation and nursing leave, wages and bonuses will be paid as usual. If the main body is the agricultural population, it is exempted from collective compulsory labor 1 year.

Both husband and wife are farmers and have two girls. If one of them is sterilized, he may be given preferential treatment in accordance with the provisions of items 1 to 9 of Article 42.

Article 44 If a second child can be born in accordance with the provisions of these Regulations, but he voluntarily receives the honor certificate of the only-child parents, and the child reaches the age of 10, the county (city, district) people's government will give him a one-time reward of 1000 to 3,000 yuan.

Forty-fifth couples who have a second child after receiving the honor certificate of the only-child parents and enjoying various preferential treatments and rewards shall take back their certificates and recover all the benefits and rewards.

Forty-sixth people who have been engaged in family planning for a long time shall be given a certain amount of subsidies by the local people's government or their units.

Forty-seventh people's governments and their principal responsible persons who have completed the target management responsibility index of population and family planning work, as well as units and individuals who have made remarkable achievements in family planning work, shall be commended and rewarded by the people's governments at higher levels.

Article 48 County (city, district) people's governments shall commend and reward those who truthfully report unplanned pregnancy, childbirth, fraud and graft in family planning work.

Chapter VI Restrictions and Penalties

Forty-ninth does not meet the provisions of Article 15 to Article 17 and Article 18 of these regulations, the second child, according to 20% of the total income of both husband and wife in the previous year, a total of 7 years of unplanned birth expenses, the total amount shall not be less than 5000 yuan; If the third child is born, it will be calculated as 40% of the total income of the husband and wife in the previous year, and the total unplanned birth expenses will be 14 years, totaling.

The amount shall not be less than RMB 20,000; Giving birth to more than three children (excluding this number) will be aggravated.

In accordance with the provisions of Article 15 to Article 17 of this Ordinance, but without the approval of the birth, an unplanned birth fee of 3000 yuan to 1000 yuan will be levied.

Fiftieth children born out of wedlock or in violation of family planning regulations in the name of adoption shall be treated as unplanned births.

In violation of the provisions of this Ordinance, adoption and adoption of children shall be treated as unplanned birth.

Fifty-first in violation of the provisions of these regulations, in addition to paying the unplanned birth fee, during the period of birth restriction, it should also be handled in accordance with the following provisions:

(1) State civil servants and state functionaries managed by reference to State civil servants shall be given administrative sanctions of dismissal.

(2) State functionaries other than those specified in the first paragraph shall not be promoted, promoted, appraised or awarded, and shall be given administrative sanctions ranging from demotion to dismissal; Those who hold leadership positions shall be given administrative sanctions of dismissal.

(three) shall not be employed, employed as a national staff; Those who are hired or employed shall be dismissed.

(four) the agricultural population will no longer increase the use area of homestead; Those who hold positions in villagers' committees and rural collective economic organizations shall be dismissed or dismissed according to law.

In violation of the provisions of these regulations, the number of years for giving birth to the second child is 7 years, and the number of years for giving birth to the third and above children is 14 years, unless otherwise stipulated by the state. The restriction period is calculated from the date when the decision to levy unplanned birth fee is served.

Article 52 Whoever, in violation of the provisions of this Ordinance, fails to take long-term birth control measures or has an unplanned pregnancy, shall be criticized and educated by the unit to which he belongs or the township (town) people's government or the sub-district office, take measures within a time limit, and collect a monthly deposit of 100 yuan for both husband and wife until measures are taken. After taking measures, all the deposit collected will be returned to the parties concerned.

Unplanned pregnancy beyond the prescribed time limit does not take remedial measures, by the township (town) people's government or street offices in accordance with the provisions of this Ordinance, the collection of 2000 yuan unplanned birth fee.

Fifty-third in violation of the provisions of this Ordinance, one of the following acts, in accordance with the provisions of relevant laws and regulations; Where there are no provisions in laws and regulations, administrative sanctions shall be imposed. If there is illegal income, the illegal income shall be confiscated and the family planning administrative department at or above the county level shall impose a fine of 2,000 yuan to 5,000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

Illegally identifying the sex of the fetus;

(2) Illegally operating contraceptives or selling fake and inferior contraceptives;

(three) without obtaining the legal qualification to carry out family planning surgery.

Fifty-fourth one of the following acts, the family planning administrative department at or above the county level shall impose a fine of more than 5000 yuan 10000 yuan, and confiscate the illegal income; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

(a) unauthorized removal of intrauterine devices for others or unauthorized recanalization of vas deferens (eggs) for others;

(two) do fake birth control surgery or issue a certificate of family planning leave;

(3) defrauding the approval documents of family planning.

State functionaries who commit any of the acts listed in the preceding paragraph shall also be given administrative sanctions of dismissal.

Article 55. If the application for re-birth of the party concerned and the relevant certification materials are not reviewed or the review is not strict, and the birth is approved, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; Those who practice favoritism and malpractice and approve others to give birth shall be given administrative sanctions of dismissal.

Article 56 State functionaries who commit any of the following acts shall be given administrative sanctions above demotion; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

(1) Forging or reselling family planning approval documents;

(two) forging or tampering with family planning statistics;

(three) corruption, misappropriation of unplanned birth expenses or unplanned birth expenses;

(four) dereliction of duty has caused serious consequences to family planning work.

Fifty-seventh any of the following acts shall be punished by the public security organ in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) obstructing state functionaries engaged in family planning from performing their official duties according to law;

(2) Insulting or hurting family planning workers or deliberately destroying their property.

Fifty-eighth organs, social organizations, enterprises and institutions that have not completed the target management responsibility index of population and family planning work shall not be rated as advanced units and civilized units, and the family planning administrative department at or above the county level shall impose a fine of 500 yuan to 2000 yuan. The main person in charge shall be given administrative sanctions by his unit or the competent department at a higher level.

The people's governments at all levels who have not completed the target management responsibility index of population and family planning work shall not be rated as advanced in that year, and the main person in charge shall not be promoted or promoted; If the above indicators have not been completed for two consecutive years, the main person in charge shall be given administrative sanctions.

Fifty-ninth one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, his post shall be revoked; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

(1) Failing to stop, investigate or conceal acts that violate the provisions of these Regulations within the direct jurisdiction;

(two) incite fraud, resulting in serious misrepresentation of family planning statistics;

(three) promotion and appointment of unplanned birth personnel;

(four) there are other dereliction of duty in family planning work.

Article 60 Whoever refuses to accept a specific administrative act made in accordance with these Regulations may apply for reconsideration or bring a lawsuit to the people's court according to law.

If the party concerned does not apply for reconsideration, bring a lawsuit or perform the decision on the collection of unplanned birth expenses, the organ that made the decision on collection or punishment shall apply to the people's court for compulsory execution.

Chapter VII Supplementary Provisions

Article 61 The Standing Committee of the Provincial People's Congress shall be responsible for the interpretation of these Regulations.

Article 62 These Regulations shall come into force on June 1999 10/day, 2006. 1989 The Regulations on Family Planning in Shanxi Province adopted at the 12th meeting of the Standing Committee of the Seventh People's Congress of Shanxi Province shall be abolished at the same time.