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Heilongjiang Fertility Policy for Remarried Couples, Full Text of Heilongjiang Province Remarried Fertility Policy Regulations
Recently, the 25th meeting of the Standing Committee of the 12th Heilongjiang Provincial People’s Congress voted to adopt the “Decision of the Standing Committee of the Heilongjiang Provincial People’s Congress on Amendments.”
The local population and family planning regulations clarify that in addition to ethnic minorities and special families, the population in border cities can also have three children.
The aforementioned "Regulations" clearly stipulate that a couple is encouraged to have two children. On the basis of advocating that a couple have two children, it stipulates that there are six situations in which a second child can be born, including where both husband and wife are returned overseas Chinese or residents of Hong Kong, Macao, and Taiwan, China, who have settled in the administrative regions of this province; Both spouses are residents of border areas; one of the two children has a disabled child and is medically considered capable of giving birth to a healthy child; both spouses or one of the spouses is Oroqen, Ewenki, Hezhe, Daur, Kirgiz, Xibe, or Russian, and has given birth to two children. If you have one child, you can have another child.
Areas where both sides are border residents include Mohe, Tahe, Huma in Heilongjiang Province, Aihui District, Sunwu, Xunke, Jiayin and Luo in Heihe City. There are 18 border counties (cities and districts) in Bei, Suibin, Tongjiang, Fuyuan, Raohe, Hulin, Mishan, Jidong, Muling, Dongning and Suifenhe.
The current Family Planning Law stipulates: "Those who meet the conditions stipulated in laws and regulations can request to arrange for the birth of additional children. Specific measures shall be prescribed by the People's Congress of the province, autonomous region, or municipality directly under the Central Government or their standing committee." And in Heilongjiang Province, This one-child policy is more radical than the two-child policy released at the beginning of the year.
Heilongjiang Provincial Population and Family Planning Regulations
(Adopted at the 32nd meeting of the Standing Committee of the Ninth People's Congress of Heilongjiang Province on October 18, 2002, in accordance with the regulations in December 2013 On the 13th, the seventh meeting of the Standing Committee of the 12th People's Congress of Heilongjiang Province "Decision on the Abolition and Amendment of Nineteen Local Regulations including the "Heilongjiang Province Gambling Punishment Regulations" was revised for the first time according to the Heilongjiang Province on April 22 The Decision on Amending the Population and Family Planning Regulations of Heilongjiang Province at the 10th Meeting of the Standing Committee of the Twelfth People's Congress was revised for the second time in accordance with the Tenth Meeting of the Standing Committee of the Twelfth People's Congress of Heilongjiang Province on April 17. The third revision of the Decision of the Ninth Meeting on the Abolition and Amendment of Fifty Local Regulations including the Heilongjiang Provincial Cultural Market Management Regulations)
Chapter 1 General Provisions
Article 1 In order to achieve the coordinated development of population, economy, society, resources and environment, promote family planning, and safeguard the legitimate rights and interests of citizens, in accordance with the "Population and Family Planning Law of the People's Republic of China" and relevant laws and regulations, combined with the actual situation of this province, Establish these regulations.
Article 2 All agencies, groups, enterprises, institutions and other organizations as well as citizens within the administrative region of this province shall abide by these regulations.
Article 3 The implementation of family planning is a basic national policy of the country. People's governments at all levels should establish a working mechanism of government leadership, departmental guidance, cooperation from all parties, unit management, and mass participation, and take comprehensive measures to stabilize low fertility levels and improve the quality of the birth population.
Article 4 People's governments at all levels shall rely on publicity and education, scientific and technological progress, comprehensive services, and the establishment and improvement of reward and social security systems to carry out population and family planning work.
Article 5 People’s governments at all levels shall lead the population and family planning work within their own administrative regions and implement the main person-in-charge responsibility system.
Article 6 The health and family planning administrative departments at all levels are the competent departments for the population and family planning work of the people's government at the same level and are responsible for organizing the implementation of these regulations.
The competent departments of agricultural reclamation and forest industry are responsible for the implementation of these regulations in the reclamation area and forest industry area respectively, and accept the guidance and supervision of the provincial health and family planning administrative departments in business.
Article 7 establishes an assessment system for member units of comprehensive population and family planning management. Member units such as public security, industry and commerce, labor security, finance, civil affairs, health, and agriculture shall perform population and family planning management responsibilities according to the division of responsibilities.
Article 8 Trade unions, Communist Youth Leagues, Women’s Federations, Family Planning Associations, Individual Workers Associations and other social groups, enterprises, institutions and citizens shall assist the people’s government in carrying out population and family planning programs Work.
Village (resident) committees should carry out family planning work in accordance with the law.
Article 9 Population and family planning work shall be administered in accordance with the law, strictly enforced, and civilized, and shall not infringe upon the legitimate rights and interests of citizens.
The administrative departments of health and family planning and their staff perform official duties in accordance with the law and are protected by law.
Article 10 provides rewards to organizations and individuals that have made outstanding achievements in population and family planning work.
For organizations and individuals that do not fulfill their family planning obligations and violate family planning laws and regulations, a one-vote family planning veto system will be implemented in the selection of comprehensive excellence, determination of comprehensive rewards, and promotion of staff. .
Chapter 2 Fertility Regulation
Article 11 Citizens have the right to have children, and they also have the obligation to implement family planning in accordance with the law. Both husband and wife have the absolute responsibility to implement family planning. responsibility.
We encourage couples to have one child, encourage late marriage and childbearing, and promote eugenics and nurturing.
If both men and women are at the legal age of marriage for more than three years and get married for the first time, it is considered late marriage; if a married woman reaches the age of late marriage and gives birth to her first child, it is considered late childbearing.
Article 12 Any citizen who gives birth to his first child after getting married in accordance with the law and any subsequent childbirth that complies with the provisions of these regulations shall be considered a legal childbirth.
Article 13 A couple who is married in accordance with the law and has already given birth to one child may have another child if one of the following conditions is met:
(1) Both husband and wife are legally married Overseas Chinese or residents of Hong Kong, Macao and Taiwan who have settled in the administrative area of ??this province;
(2) Both spouses or one of them is an only child;
(3) Both spouses Rural residents who have only one girl, or both husband and wife are rural residents in border areas and have only one child;
(4) An identification organization for sick and disabled children designated by the municipal (administrative) level health and family planning administrative department The first child is identified as having a disability and is medically considered capable of giving birth to a healthy child;
(5) Special circumstances approved by the provincial health and family planning administrative department and reported to the provincial people's government for record.
Article 14 Ethnic minorities should also practice family planning.
If both spouses are from ethnic minorities with a population of less than 10 million in the country, and one spouse is from the Oroqen, Ewenki, Hezhe, Daur, or Kirgiz ethnic groups, after giving birth to one child in accordance with the law, they can have another child.
If both husband and wife are from the Oroqen, Ewenki, Hezhe, Daur, or Kirgiz ethnic groups, after having two children in accordance with the law, they can have another child.
Article 15 If one of the couples is diagnosed with infertility (fertility) by a medical unit designated by the health and family planning administrative department at or above the county level, and then adopts a child in accordance with the law and then regains fertility, he or she may have one child. Fetal child.
Article 16 If one party of a remarried couple has no children and the other party has one child or two children in accordance with the law, they may have another child.
If one of the remarried couples has given birth to another child due to remarriage, he or she shall not have any more children.
Article 17 Rural resident couples who become urban residents after becoming urban residents during the construction of small towns can apply to the childbirth regulations for rural residents within two years.
Article 18 For couples who meet the conditions for having another child, both parties shall apply. After review by the unit and the township (town) people's government or the sub-district office, they shall report to the county-level health and family planning administration where the woman's household registration is located. Department approval.
For an application for another child, the health and family planning administrative department shall make a decision on approval or disapproval within thirty days and explain the reasons.
Article 19 Where citizens marry and have children with foreigners, stateless persons, and residents of Hong Kong, Macao, and Taiwan, relevant national regulations shall apply.
Article 20: Adoption procedures for children should be carried out in accordance with the "Adoption Law of the People's Republic of China" and other laws and regulations. If a child is adopted privately without adoption procedures, it will be treated as an illegal birth.
Those who abandon their children are not allowed to have any more children.
After being approved to have another child, if the pregnancy is terminated artificially without gender selection due to medical necessity, the child is not allowed to have another child.
Article 21 Family planning is mainly about contraception. Prevent and reduce unwanted pregnancy.
Pregnancies that do not meet the regulations should be terminated promptly.
If the "Maternal and Infant Health Care Law of the People's Republic of China" and other laws and regulations stipulate that it is not suitable to have children, you must not give birth.
Chapter 3 Family Planning Technical Services
Article 22 People’s governments at all levels shall take measures to carry out family planning technical services and popularize reproductive health sciences such as contraception, birth control, and eugenics. knowledge, improve citizens’ reproductive health, and prevent or reduce birth defects.
Article 23 People’s governments at all levels shall rationally allocate and comprehensively utilize health resources, establish and improve family planning technical services consisting of family planning technical service agencies and medical and health care institutions engaged in family planning technical services. network, improve technical service facilities and conditions, and improve technical service levels.
Article 24 The health and family planning administrative departments at or above the county level are responsible for the management and supervision of family planning technical services within their respective administrative regions.
The administrative departments of health and family planning at or above the county level are responsible for the management and supervision of medical and health care institutions that provide technical services for family planning.
Article 25 The management of family planning technical service personnel shall be carried out in accordance with relevant regulations.
Individual medical institutions are not allowed to engage in family planning surgeries.
Article 26 Citizens have the right to make informed choices about contraceptive methods. Family planning technical service personnel should guide citizens to choose safe, effective and appropriate contraceptive measures.
For couples who have given birth to children, it is recommended to choose long-acting contraceptive measures.
When performing contraceptive birth control surgery, special examinations or special treatments, the consent of the recipient must be obtained and the safety of the recipient must be guaranteed.
Article 27 Couples of childbearing age who practice family planning in rural areas are free to use contraceptives, pregnancy and environmental tests, insertion and removal of intrauterine devices, artificial termination of pregnancy, fallopian tube ligation, The funds required for basic family planning technical services such as vasectomy and various medical examinations stipulated in technical routines, diagnosis and treatment of complications of family planning surgery, etc. are guaranteed by finance at all levels. The specific funding sources and payment methods shall be implemented in accordance with the relevant regulations of the Provincial People's Government.
Article 28 Couples of childbearing age who implement family planning in cities and towns shall enjoy family planning technical services under basic items stipulated by the state. In addition to the special funds borne by the state, the fees shall be paid according to the following methods:
(1) Employees of government agencies, enterprises and institutions shall be paid by the employer where the employee works;
(2) For persons who leave their original work unit, if they have an employer, they shall be paid by the employer; if they do not have an employer but have not yet If the personnel or labor relationship with the original unit is terminated, the original unit shall pay; if there is no employing unit and the personnel or labor relationship has been terminated with the original unit, the payment shall be made by the finance department at or above the county level;
(3) For other personnel, It shall be settled by the people's government at the county level.
If the personnel specified in the preceding paragraph have participated in maternity insurance, their family planning surgery expenses shall be paid in the maternity insurance fund; if employees of government agencies and public institutions have not participated in maternity insurance, but have participated in basic medical insurance, their family planning surgery expenses shall be paid in the maternity insurance fund. The cost of surgery is paid from the basic medical insurance pooling fund.
Article 29: Complications of family planning surgery that are confirmed to be caused by contraceptive and birth control measures as identified by the family planning technical appraisal organization shall be handled in accordance with relevant national regulations.
Article 30 The administrative departments of health and family planning shall uniformly organize the distribution and management of non-commercial contraceptives.
Drug supervision and other departments should strengthen inspection and supervision of the contraceptive retail market. The production and operation of counterfeit and substandard contraceptives is prohibited.
Article 31 If the fallopian tube or vas deferens ligation surgery meets the regulations for rebirth, the vas deferens or fallopian tube recanalization surgery can be performed.
Article 32 It is strictly prohibited to use ultrasound technology and other technical means to identify the gender of the fetus that is not medically necessary; it is strictly prohibited to artificially terminate pregnancy by selecting gender that is not medically necessary.
Chapter 4 Organization and Management
Article 33 The people’s governments at or above the county level shall, in accordance with the national population development plan and the population development plan of the people’s government at the next higher level and in light of the actual local conditions, Prepare population development plans for this administrative region and incorporate them into national economic and social development plans; be responsible for formulating population and family planning implementation plans and organizing their implementation.
The population and family planning implementation plan should stipulate measures to control the population, strengthen maternal and infant health care, and improve the quality of the population.
Article 34 Township (town) people's governments and sub-district offices should set up family planning management agencies or be equipped with full-time staff.
The village (resident) committee shall be equipped with family planning staff, and under the guidance of the township (town) people's government or sub-district office, carry out family planning publicity and education, consulting services, provide statistical information, organize Village (residents) participate in family planning and other work.
Encourage the establishment of mass organizations related to family planning to improve the people's ability to educate themselves, manage themselves, and serve themselves on family planning.
Article 35: The family planning work of agencies, groups, enterprises and institutions shall implement the responsibility system of the main person in charge or the legal representative, set up a family planning agency or staff full-time and part-time personnel to be responsible for the unit's family planning Management and service work.
Article 36 Urban population and family planning work shall rely on communities and implement a management system of territorial management, unit responsibility, resident autonomy, and community services.
Rural population and family planning work should be regarded as an important part of villagers' self-government, and village affairs should be made public and democratically managed.
Article 37: The employing unit shall be responsible for family planning management and services for persons who leave their original work units. If there is no employing unit but the personnel and labor relations with the original unit have not been terminated, the former unit shall be responsible. The unit is responsible; if there is no employing unit and the personnel and labor relations with the original unit have been terminated, the township (town) people's government or sub-district office of the current place of residence shall be responsible.
Family planning management and services for individual industrial and commercial individuals shall be jointly responsible for the township (town) people's government or sub-district office and the industrial and commercial administrative department of their current place of residence.
Family planning management and services for urban residents without employment units shall be the responsibility of the township (town) people's government or sub-district office where they currently reside.
Article 38 The family planning work of floating population shall be jointly managed by the people's government of the place of their registered residence and the place of current residence, with the people's government of the place of current residence taking the lead. Specific management measures shall be implemented in accordance with relevant national and provincial regulations.
Article 39: Family planning, publicity, education, science and technology, culture, health, civil affairs, agriculture, press and publication, radio and television and other departments as well as trade unions, Communist Youth League, Women's Federation , Family Planning Association and other social groups should carry out publicity and education on population and family planning, build a new fertility culture, and guide citizens to establish scientific, civilized and progressive concepts of marriage and childbirth.
Mass media such as radio, television, newspapers and periodicals have the obligation to carry out public welfare publicity on population and family planning.
Schools should carry out education on national conditions and policies and population knowledge, physical health education, puberty education and sexual health education among students in a planned manner in a manner consistent with the characteristics of the people being educated.
Article 40 Population and family planning statistics work shall comply with laws, regulations and relevant provisions such as the Statistics Law of the People's Republic of China and the Statistical Supervision and Punishment Regulations of Heilongjiang Province. Any unit and Individuals should provide population and family planning statistics truthfully and promptly, and falsification is strictly prohibited.
Establish a population information exchange system. Public security, civil affairs, labor, health, family planning, statistics and other departments should provide relevant data to each other and implement universal sharing of population information resources.
Article 41 For those who apply for adoption of abandoned babies and children whose biological parents cannot be found, the township (town) people's government or sub-district office shall issue a birth certificate of the adopter.
Article 42 People's governments at all levels shall include population and family planning funds in their fiscal budgets and effectively guarantee them. Gradually increase the overall level of investment in population and family planning. The growth rate of family planning expenses should be higher than the growth rate of fiscal revenue to ensure the realization of the investment targets set by the state.
Establish a multi-channel financing system.
Social groups, enterprises, institutions and individuals are encouraged to make donations for population and family planning undertakings.
People's governments at all levels should provide key support to the population in poverty-stricken and remote areas and the investment in family planning funds.
Article 43 People's governments at all levels and relevant departments shall regularly supervise and inspect the investment and use of population and family planning funds by the people's governments at lower levels.
No unit or individual may withhold, withhold or misappropriate population and family planning funds.
Article 44: Personnel engaged in population and family planning work shall be issued necessary labor protection supplies. Solve the remuneration of family planning staff of village (resident) committees according to regulations.
Chapter 5 Rewards and Social Security
Article 45 If an employee marries late, his or her wedding leave will be increased by 15 days, and holiday wages will still be paid.
If an employee has a child late in life, the maternity leave for female employees can be extended to 180 days, and holiday pay will be paid as usual, without affecting employment, salary adjustment, and promotion; male employees can enjoy nursing leave for five to ten days, and can be granted under special circumstances. It will be extended appropriately according to the opinions of the medical unit, and wages will be paid during the nursing leave period.
Article 46 Employees who implement contraceptive and birth control measures shall take leave in accordance with the following provisions. During the leave, wages will be paid as usual, and employment, rank promotion, original welfare benefits and perfect attendance awards will not be affected:
(1) Those who insert or remove the intrauterine device shall take two days off, and no labor with the third level of physical labor intensity prescribed by the state shall be arranged within seven days;
(2) Those who ligate the vas deferens or fallopian tube shall take a vacation Twenty days;
(3) If the pregnancy is terminated, the leave will be from 15 to 40 days according to different circumstances;
(4) If other contraceptive and birth control measures are implemented, the leave can be taken according to relevant regulations Or take a leave of absence based on a physician’s opinion.
Article 47 Rural residents who delay marriage or childbirth and implement contraceptive and birth control measures shall be given rewards and care. Specific measures shall be stipulated by the county-level people's government.
Article 48: A couple who voluntarily no longer has children after having given birth to a child in accordance with the law shall apply for it by both parties, and shall submit it to the people of the township (town) where the woman’s household registration is located after review by the unit where she works and the village (resident) committee. With the approval of the government or sub-district office, you can receive the "One Child Parent Honor Certificate" and enjoy the following preferential treatment:
(1) From the month when the certificate is received until the child reaches the age of 18, a monthly payment of no less than Parents of only children with an only child will receive a reward of RMB 10 or equivalent treatment or be given corresponding treatment;
(2) Priority will be given in social relief, poverty alleviation, work-for-relief, supply of production materials, technical training, etc.;
(3) Priority will be given to arranging homestead sites in rural areas.
Article 49: Couples who meet the conditions for having another child but voluntarily do not have children, after receiving the "Honorable Certificate of Parents of Only Child", shall be subject to review by the county-level health and family planning administrative department, in addition to enjoying preferential treatment for families with only one child. In addition, a one-time reward of no less than 300 yuan will be given to parents of only children or corresponding benefits will be given.
Article 50: Couples who receive the "Certificate of Honor for Parents of an Only Child" shall enjoy the following preferential treatment upon retirement according to regulations:
(1) State agencies and institutions that do not implement pension insurance Employees, each shall receive an additional pension of 5% of the standard retirement fee;
(2) Employees of enterprises and agencies and public institutions that implement pension insurance shall receive the "Glory for Parents of Only Children" before February 1, 2000 Certificate", those who retire after the implementation of these regulations will be given a one-time subsidy of no less than 3,000 yuan by their employer; those who receive the "Honorable Parent Certificate of Only Child" on or after February 1, 2000, will be given a one-time subsidy of no less than 3,000 yuan by their employer. At that time, a one-time supplementary pension insurance for the parents of an only child equivalent to one month's salary is required.
Employees who receive the "Certificate of Honor for Parents of an Only Child" and who no longer give birth to or adopt children after the death of their only child, in addition to enjoying the rewards stipulated in the preceding paragraph, will be given no less than five years' bonus by their employer when they retire. A one-time subsidy of 1,000 yuan; other personnel will be provided with appropriate assistance by the local people's government.
People's governments at all levels should gradually establish pension insurance for parents of only children and other social security systems that are conducive to family planning in rural areas based on actual conditions.
Article 51 The incentive fee for parents of an only child shall be paid in accordance with the following provisions:
(1) If both husband and wife are employees, the units where both parties work shall each bear 50%;
(2) If one party is an employee and the other party does not have a work unit, or is widowed, all the compensation shall be borne by the employee's unit;
(3) For other persons in urban areas, the compensation shall be borne by the county level where their household registration is located. The people's government shall resolve the matter;
(4) For persons who leave their original work units, if they have an employing unit, the employing unit shall bear the responsibility; if there is no employing unit but the personnel and labor relations with the original unit have not been terminated, the original unit shall bear the responsibility; If there is no employing unit and the personnel and labor relations with the original unit have been terminated, it shall be handled in accordance with the provisions of Items (2) and (3);
(5) Rural residents shall be governed by the people of the township (town) where they are located. The government bears it.
Article 52 The incentives, subsidies, and supplementary pension insurance funds for parents of only children of state agencies, enterprises and institutions shall be disbursed according to the current expenditure channels.
Article 53 If a couple who has received the "Certificate of Honor for Parents of an Only Child" has another child, they shall return the "Certificate of Honor for Parents of an Only Child" and no longer enjoy the preferential treatment and benefits for parents of an only child. Reward and refund the received reward fee.
Chapter 6 Legal Responsibilities
Article 54 If a child is born in violation of the provisions of these regulations, urban residents shall pay social maintenance fees in accordance with the following provisions:
(1) ) Those who give birth to their first child shall pay social support fees of not less than 5,000 yuan but not more than 10,000 yuan;
(2) Those who give birth to their second child shall pay social support fees of not less than 30,000 yuan but not more than 60,000 yuan; < /p>
(3) Those who give birth to a third child or more shall pay social support fees of not less than 60,000 yuan but not more than 120,000 yuan.
Article 55 For those who give birth in violation of the provisions of these regulations, rural residents shall pay social support fees in accordance with the following provisions:
(1) For those who give birth to their first child, they shall pay more than 3,000 yuan. Social support fee of less than 5,000 yuan;
(2) For the second child, social support fee of not less than 10,000 yuan but not more than 30,000 yuan shall be paid;
(3) For the third child If the child is pregnant or above, he or she must pay a social support fee of not less than 30,000 yuan but not more than 60,000 yuan.
Article 56 If a spouse has a child with another person, urban residents shall pay social support fees of 120,000 yuan; rural residents shall pay social support fees of 60,000 yuan.
Article 57 If a child gives birth in violation of the provisions of these regulations, if one party is a rural resident and the other party is an urban resident, social support fees will be levied according to the collection standards for urban residents.
Article 58: Anyone who meets other conditions for rebirth stipulated in these regulations but has another child without approval from the county-level health and family planning administrative department shall pay a social support fee of 1,000 yuan.
Article 59: The collection of social support fees shall be made in writing by the county-level health and family planning administrative department; the county-level health and family planning administrative department may entrust the township (town) people's government or the sub-district The office shall make a written collection decision. Specific collection methods shall be implemented in accordance with relevant national and provincial regulations.
If the party concerned fails to pay the social support fee in full within the prescribed period, a late payment fee of two thousandths of the overdue social support fee will be imposed every month from the date of arrears; for those who still fail to pay, , you can apply to the People's Court for compulsory execution in accordance with the law.
Article 60 If an employee gives birth in violation of the provisions of these regulations, the administrative department of health and family planning at or above the county level shall impose a fine of 5,000 yuan on both the male and female unit.
Units shall impose administrative or disciplinary sanctions on employees who have given birth illegally in accordance with the law.
Article 61 Anyone who violates these regulations and commits any of the following acts shall be given a warning by the health and family planning administrative department at or above the county level, and the illegal gains shall be confiscated; if the illegal gains exceed 10,000 yuan, a fine shall be imposed A fine of not less than two times but not more than six times of the income; if there is no illegal income or the illegal income is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed; if the circumstances are serious, the practicing certificate shall be revoked by the original issuing authority; if a crime is constituted , be held criminally responsible in accordance with the law:
(1) Illegally performing family planning surgery for others;
(2) Using ultrasound technology and other technical means to perform non-medically necessary fetus surgery for others Gender identification or gender-selective artificial termination of pregnancy;
(3) Performing fake birth control surgery, conducting fake medical identification, and issuing fake family planning certificates.
Article 62: Anyone who forges, alters, or buys or sells family planning certificates shall have the illegal gains confiscated by the health and family planning administrative departments at or above the county level; if the illegal gains exceed 5,000 yuan, a fine of not less than twice the amount of the illegal gains shall be imposed A fine of not more than ten times; if there is no illegal income or the illegal income is less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
If a family planning certificate is obtained by improper means, the health and family planning administrative department shall cancel the certificate; if the unit that issued the certificate is at fault, the directly responsible person in charge and other directly responsible personnel shall be subject to administrative sanctions in accordance with the law. Punishment.
Article 63 If ??a staff member of a state agency commits any of the following acts during family planning work, he or she shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law; if there are any illegal gains, the illegal gains shall be confiscated Income:
(1) Infringement of citizens’ personal rights, property rights or other legitimate rights and interests;
(2) Abuse of power, dereliction of duty, and malpractice for personal gain;
(3) Asking for or accepting bribes;
(4) Withholding, withholding, misappropriating or embezzling family planning funds or social support funds;
(5) False reporting, concealing reporting, Forging, tampering with or refusing to report population and family planning statistics.
Article 64: Anyone who interferes with others’ implementation of family planning or shields persons who violate family planning laws and regulations shall be fined not less than 5,000 yuan but not more than 10,000 yuan by the health and family planning administrative departments at or above the county level; this is a national Staff members shall also be given administrative sanctions of demerits or above by their units.
Article 65: Relevant departments, units and personnel who fail to perform their family planning duties shall be ordered to make corrections by the local people's government and shall be notified of criticism; the persons directly in charge and other persons directly responsible shall be punished in accordance with the law. Administrative sanctions shall be imposed.
Article 66 Anyone who refuses or obstructs the administrative departments of health and family planning and their staff from performing official duties in accordance with the law shall be criticized and educated by the administrative departments of health and family planning at or above the county level and stopped; the unit where they work shall Administrative sanctions shall be imposed; if a violation of public security management is constituted, public security management penalties shall be imposed by the public security organs in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 67 If citizens, legal persons or other organizations believe that administrative agencies have infringed upon their legitimate rights and interests during the implementation of family planning management, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.
Chapter 7 Supplementary Provisions
Article 68 The term “rural residents” as mentioned in these regulations refers to people whose registered residence is in the countryside.
The number of children stipulated in these Regulations refers to the number of surviving children born, placed for adoption and adopted by both men and women.
Article 69 These Regulations shall come into effect on January 1, 2003.
The "Heilongjiang Family Planning Regulations" passed at the 13th meeting of the Standing Committee of the Ninth People's Congress of Heilongjiang Province on December 18, 1999, were abolished at the same time.
Related reading
On the afternoon of the 21st, the Provincial People’s Congress Standing Committee held a press conference. The reporter learned from the press conference that our province will fully implement the new "Heilongjiang Provincial Population and Family Planning Regulations". Marriage leave, maternity leave, and nursing leave for citizens of our province are 15 days, 180 days, and 15 days respectively.
Marriage leave, maternity leave and nursing leave, extended holiday wages will still be paid
The 25th meeting of the Standing Committee of the 12th Provincial People's Congress, which concluded this morning, voted and approved the "Heilongjiang Provincial People's Congress Standing Committee Decision on amending the "Heilongjiang Provincial Population and Family Planning Regulations". The regulations stipulate that couples who register their marriage in accordance with the law enjoy 15 days of marriage leave, and those who participate in pre-marital medical examinations receive an additional 10 days of marriage leave; if they give birth to children in compliance with the provisions of these regulations, the woman enjoys 180 days of maternity leave; the man enjoys 15 days of nursing leave. In special circumstances, refer to the medical leave The unit’s opinion is that it should be extended appropriately. At the same time, it is stipulated that holiday pay will be paid as usual.
Under six circumstances, one child can be born in addition to two children.
The regulations clearly encourage a couple to have two children. On the basis of advocating that a couple have two children, it stipulates that there are six situations in which a second child can be born: if both husband and wife are returned overseas Chinese or residents of Hong Kong, Macao, and Taiwan, China, and have settled in the administrative regions of this province, Both are residents of border areas, one of the two children has a disabled child and is medically considered capable of giving birth to a healthy child, and the couple or one of the couple is Oroqen, Ewenki, Hezhe, Daur, Kirgiz, Xibe, or Russian, and has given birth to two children Yes, you can have another child.
According to the actual conditions of our province, the regulations have fine-tuned the fertility policy for remarried families. It is stipulated that those who have only one child in total before remarriage, and one child after marriage, or two or more children in total before remarriage, and no children after marriage, can have another child. Under special circumstances, with the approval of the provincial health and family planning administrative department, you can have another child.
One-child families continue to enjoy preferential treatment policies
The regulations stipulate that during the period when the state encourages couples to have one child, couples who have one child in accordance with the law and voluntarily stop having children will receive " After obtaining the Honorary Certificate for Parents of Only Children, they will continue to enjoy the preferential treatment policies stipulated in laws and regulations. The government should establish and improve a support system for the elderly in family planning families. Necessary priority and care will be given to family planning families in terms of elderly welfare, social assistance, medical care and elderly care services. Couples who receive the "Certificate of Honor for Parents of an Only Child" will receive assistance in accordance with regulations if their only child is injured, disabled or dies in an accident. During the period when the state encourages a couple to have one child, those who should enjoy incentives and subsidies for the elderly in family planning families according to regulations will continue to enjoy relevant incentives and subsidies.
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