Guizhou Family Planning Law

Guizhou Province Population and Family Planning Regulations

(Adopted at the third meeting of the Standing Committee of the Ninth People’s Congress of Guizhou Province on July 24, 1998) The Family Planning Regulations of Guizhou Province are based on the "On Amending the Family Planning Regulations of Guizhou Province" adopted at the 31st meeting of the Standing Committee of the Ninth People's Congress of Guizhou Province on September 29, 2002. >

Revision of the Decision of the Case> will come into effect on September 29, 2002)

Chapter 1 General Provisions

Article 1 In order to achieve the goals of population and economy, society and resources , the coordinated development of the environment, provide a good population environment for the implementation of the western development strategy in our province, accelerate the pace of enriching the people and rejuvenating Guizhou, safeguard the legitimate rights and interests of citizens, 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 relevant laws and regulations, combined with the actual conditions of this province.

Article 2 Citizens, legal persons and other organizations within the administrative region of this province shall abide by these regulations.

Article 3 Citizens have the right to have children and have the obligation to practice family planning in accordance with the law. Both husband and wife have equal responsibilities in carrying out

family planning.

Article 4: The implementation of family planning shall focus on publicity and education, contraception and regular work, supplemented by necessary administrative and economic measures; adhere to and develop the economy Combining it with helping the masses get rich through hard work,

combining it with building a civilized and happy family, and focusing on integrating it with poverty alleviation and development in the new stage.

Article 5 People's governments at all levels shall strengthen leadership over population and family planning work and be responsible for organizing the implementation of this article

Regulations. Implement a responsibility system for population and family planning target management, and regard family planning work as an important part of assessing the performance of major leaders.

People's governments at all levels should include population and family planning funds in their fiscal budgets, increase investment in family planning as fiscal revenue grows

and gradually increase population and family planning funds. The overall level of investment in childbearing funds,

and guaranteed. Provide key support to poor areas and minority areas.

Enterprises and institutions should allocate funds to ensure the development of population and family planning work.

Article 6 People's governments at all levels and their staff should strictly enforce the law when promoting family planning work,

enforce the law in a civilized manner, and must not infringe on the legitimate rights and interests of citizens.

The family planning administrative department and its staff perform official duties in accordance with the law and are protected by law.

Article 7 The family planning administrative department of the Provincial People's Government is responsible for the province's family planning work and population work related to family planning

.

The family planning administrative departments of the people's governments at or above the county level are responsible for family planning work and population work related to family planning within their respective administrative regions.

Other relevant departments of the people's governments at or above the county level are responsible for relevant population and family planning work within their respective scope of responsibilities.

Article 8 People's governments at all levels shall commend and reward organizations and individuals that have made outstanding achievements or made special contributions in population and family planning work.

Chapter 2 Planning and Management

Article 9 The people’s government at or above the county level shall, in accordance with the population development plan formulated by the people’s government at the next higher level, in conjunction with the local

In practice, the population development plan and annual population plan of this administrative region shall be prepared and incorporated into the national economic and social development plan.

Article 10: The people's governments at or above the county level shall, in accordance with the population development plan and annual population plan, formulate population and family planning implementation plans and organize their implementation.

The family planning administrative department of the people's government at or above the county level is responsible for organizing and carrying out the daily work of the population and family planning implementation plan

.

The township (town) people's government and sub-district offices are responsible for the population and family planning work within their respective jurisdictions, and implement

the population and family planning implementation plan.

Village (resident) committees should carry out family planning work in accordance with the law. Village (resident) committees can be equipped with

family planning management service personnel, and village groups can have group leaders of women of childbearing age and household heads of family planning centers to assist village (residents) residents. The committee carries out specific management and service work of family planning; the leader of the women of childbearing age group and the household head of the family planning center are elected by the villagers.

Article 11 The family planning work of the floating population shall be jointly managed by the people's government ***

of the place where the migrant population is registered and the place of current residence, with the main focus being the place of current residence.

Article 12: The family planning management work of state agencies, enterprises, institutions and other organizations shall implement the main leader responsibility system and accept the leadership and plans of the local people's government. Inspection and supervision

of the fertility administration department.

To implement the target management responsibility system for comprehensive population and family planning management, relevant departments should perform their duties and

accept the assessment of the people's government at the same level and the family planning administrative department of the people's government at the higher level.

Article 13 The public security department shall assist the family planning administrative department in the population verification work; when applying for a temporary residence permit for adult migrant population, the township (township) of their current residence shall be verified. The marriage and childbirth certificate has been inspected by the town) People's Government or the sub-district office

and the result will be reported to the township (town) people's government or sub-district office where the person currently lives; Those without proof of marriage and childbearing will not be allowed to apply.

Article 14 When applying for a business license for adult floating population, the industrial and commercial administrative department shall verify that the township (town) people's government or sub-district office where they currently live has inspected the business license. Proof of marriage and childbirth, and notify the result of the application

The township (town) people's government or sub-district office of the current place of residence; those who do not have a certificate of marriage and childbirth shall not apply;

Should Assist the family planning administrative department to implement measures against individual industrial and commercial households that violate family planning laws and regulations.

Article 15 The labor and social security department shall supervise the employing unit to verify the township (town) people's government or township (town) people's government or township (town) people's government of the current place of residence when processing the employment procedures for adult floating population. Marriage and childbirth certificates that have been inspected by the sub-district office,

and urge the employer to notify the township (town) people's government or sub-district office of the current place of residence of the processing results;

No marriage Those with educational certificates shall not apply.

Article 16 The construction department shall assist the family planning administrative department in the population and family planning work of the construction unit.

Article 17 The civil affairs department shall carry out marriage registration and adoption management in accordance with the law; provide social relief to poor families who implement family planning

.

Article 18 When implementing agricultural and rural economic development plans, the agricultural department shall regard family planning as an important content and formulate specific measures that are conducive to family planning.

Article 19 The health administrative department shall work with the family planning administrative department to provide technical service guidance, quality supervision and technical personnel training for family planning; in accordance with relevant national regulations, Carry out the issuance of certificates and the assessment and recognition of the qualifications of family planning technical personnel for practicing physicians, practicing assistant physicians, rural doctors, and nurses;

Guide medical and health care institutions to carry out family planning technology Serve.

Article 20 The personnel department shall work with the family planning administrative department to stabilize family planning technical service institutions,

and do a good job in evaluating and hiring family planning technical personnel.

Article 21 The education department shall carry out physiological hygiene education, puberty education or sexual health education in schools in a planned manner in an appropriate manner that is consistent with the characteristics of the persons being educated;

Qualified colleges and universities carry out theoretical research activities on population and family planning, and provide guidance and training for family planning professionals.

Article 22 The judicial administrative department shall cooperate with the family planning administrative department in carrying out publicity and consultation services on population and family planning laws and regulations.

Article 23 The science and technology department shall incorporate scientific research and technological innovation in the fields of population and family planning

into scientific research planning; guide the review, identification, and evaluation of family planning scientific research results. Conversion and promotion efforts.

Article 24 Ethnic and religious affairs departments shall cooperate with administrative departments such as family planning to carry out population and family planning publicity and education, guide ethnic minorities to implement family planning, and provide guidance to ethnic minorities who implement family planning. Key support will be given to poor families of ethnic minorities

.

Article 25: Culture, radio and television, press and publication and other departments shall organize and carry out publicity and education on population and family planning

The mass media are responsible for carrying out population and family planning social welfare Sexual propaganda obligations.

Article 26: Trade unions, Communist Youth League, Women’s Federation, Family Planning Association and Individual Workers Association and other social organizations

Enterprises, institutions and citizens shall assist the people The government carries out population and family planning work.

Article 27: Population and family planning statistics must comply with the Statistics Law of the People's Republic of China and the People's Republic of China. No

organization or individual may make false reports, conceal reports, forge, Tampering and refusal to report population and family planning statistics.

Chapter 3 Fertility Regulation

Article 28 advocates and encourages late marriage and late childbearing. Late marriage refers to the first marriage that is postponed for more than 3 years according to the legal age of marriage; late childbearing refers to a married woman who is over 24 years old or who becomes pregnant and gives birth to her first child after a late marriage.

Promote and encourage couples to have only one child.

Article 29 If a citizen gives birth to his first child after getting married in accordance with the law, he should go to the township (town) where the woman's household registration is located with the "Marriage Certificate" and

related documents during the pregnancy. Register with the people's government or sub-district office and apply for a reproductive health care service certificate. Family planning technical service agencies should provide reproductive health care services in a timely manner.

Article 30: If either spouse or one of the spouses is a staff member of a state agency, an employee of an enterprise or institution, or an urban resident, and meets one of the following conditions, he or she may apply to have a second child. :

(1) The first child has a non-hereditary disability and cannot grow into a normal labor force;

(2) Both husband and wife are only children;

(3) A couple who has been married for more than 5 years, suffers from infertility, adopts a child in accordance with the law, and then requires to give birth after being cured

;

(4) One or both parties It is a remarried couple, one party has given birth to a child, and the other party has not given birth to any children.

Article 31: Both husband and wife are farmers, and in addition to the provisions of Article 30, if they meet one of the following conditions,

may apply to have a second child:

p>

(1) The first child is a girl;

(2) Both or one of the couple is from an ethnic minority;

(3) The boy is an only child and has no children. Those who get married and settle down in each household.

Article 32 If both husband and wife are farmers from ethnic minorities, and one of their two children has a non-hereditary disability

and cannot grow into a normal labor force, they may apply. Have another child.

Article 33: The birth of a couple or one of the spouses who is a returned overseas Chinese or a compatriot from Taiwan, Hong Kong, or Macao, or a marriage involving foreign countries

will be governed by relevant national regulations.

Article 34: In compliance with the provisions of Articles 30, 31, and 32 of these Regulations, those who apply to have another child

must go through the county-level The family planning administrative department of the people's government shall review and approve the application and issue the "Family Planning Certificate".

The birth interval must be more than 4 years; if the woman is over 30 years old and gives birth to her first child, there is no interval restriction.

Article 35: If one of the following circumstances occurs, no more childbirth arrangements will be made; if there is another child, the child will be treated as violating the childbirth regulations of these regulations:

(1) Having another child after approval, and without special circumstances after pregnancy, inducing labor without approval from the county-level family planning administrative department

;

(2) Abandoning the child or giving it up for adoption Children;

(3) Intentionally causing the death of an infant or lying about the gender of the infant or the death of the infant.

Article 36: Children adopted by citizens in accordance with the law shall be included in the number of children.

Article 37 Citizens who do not meet the conditions stipulated in these regulations, give birth within the interval, give birth out of wedlock, or adopt children illegally shall pay social support fees; All social support fees and late fees should be turned over to the national treasury and included in local fiscal budget management; no unit or individual may withhold, misappropriate, embezzle or distribute them privately.

The collection, management and use of social support fees shall be implemented in accordance with the regulations of the State Council and the province.

Chapter 4 Family Planning Technical Services

Article 38 People’s governments at all levels shall rationally allocate and make comprehensive use of health resources, establish and improve the system

The family planning technical service network consists of family planning technical service agencies and medical and health care institutions engaged in family planning technical services. It improves technical service facilities and conditions and improves technical service levels.

Article 39: Family planning technical service agencies and medical and health care institutions engaged in family planning technical services

should conscientiously perform their duties in accordance with relevant national regulations and provide the following services: :

(1) Carry out publicity and education on basic knowledge of population and family planning to people of childbearing age, and carry out pregnancy, pregnancy, disease and follow-up services and services to married women of childbearing age

Consultation, guidance and technical services for family planning and reproductive health care

;

(2) Guide couples of childbearing age to make informed choices about safe, effective and appropriate contraceptive and birth control measures;

(3) Do a good job in premarital health care and maternal and childbirth health care to prevent or reduce birth defects and improve the health of babies

;

(4) Do a good job in planning and Fertility-related clinical medical services.

Article 40 Couples of childbearing age should consciously implement contraceptive and birth control measures for family planning and accept guidance on family planning technical services

.

Insist on giving priority to contraception and promote comprehensive birth control measures. For couples with childbearing potential, if they have given birth to one child,

should implement contraceptive measures; if they have given birth to two children, one party should take sterilization as the first choice; if the pregnancy does not meet the provisions of these regulations

, remedial measures should be taken promptly.

Article 41 The family planning administrative department is responsible for the unified distribution and supply management of contraceptives, and cooperates with relevant departments to supervise the contraceptive market.

Couples of childbearing age should receive free pregnancy and environmental examinations on a regular basis, and enjoy free family planning technical services as basic items

stipulated by the state.

Article 42 It is strictly prohibited to use ultrasound technology and other technical means to determine 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.

Article 43 If one of the couples suffers from a serious hereditary disease or is medically deemed unfit for childbearing, they should take birth control measures; if they become pregnant, the pregnancy must be terminated in a timely manner.

Article 44 Units that perform family planning surgeries must meet the surgical conditions specified by relevant national departments.

The operators must have corresponding technical capabilities and perform birth control surgeries in accordance with the regulations. Surgery is performed routinely to ensure the safety and health of the recipient

.

It is prohibited to illegally perform family planning surgery on others.

Article 45 If an accident occurs during family planning surgery, it shall be handled in accordance with relevant national regulations.

Article 46: Complications caused by family planning surgery shall be identified and confirmed by the family planning technical appraisal team at or above the county level.

Article 47: The cost of family planning surgery and the cost of treatment of surgical complications shall be paid to state organs

staff members and employees of enterprises and institutions who have participated in the overall planning of regional fertility. If it is insured, the cost will be included in the maternity insurance fee. If it does not participate in the overall regional maternity insurance, it will be expensed in the medical expenses of the unit; the recipients are farmers, For urban residents, expenditures are included in family planning funds.

The cost of treatment for complications caused by family planning surgery that violates surgical routines will be borne by the operating unit

Article 48 After receiving birth control surgery, if you can apply for another child due to special circumstances and in compliance with the provisions of these regulations

, you can apply for it with the approval of the family planning administrative department of the county-level people's government. Perform fertility restoration surgery.

Article 49: Farmers and urban residents who have been identified as having lost their ability to work due to family planning surgery accidents, causing difficulties in their lives

If they meet the conditions for relief, the civil affairs department will be responsible Social assistance.

Chapter 5 Rewards and Social Security

Article 50 People’s governments at all levels have implemented policies to ensure that families with only one child in rural areas and those who give birth to two girls must p>Families with family planning measures and other poor families that implement family planning will be taken care of in terms of poverty alleviation projects, funds, information, technology

and other aspects.

Article 51 People's governments at all levels shall provide services to rural families with only one child, families who have given birth to two girls and have implemented sterilization measures, and other families who implement family planning. Gradually implement the pension insurance system and provide other

social security.

Article 52: Staff members of state agencies and employees of enterprises and institutions who marry late will enjoy an additional 10 days of marriage leave in addition to the marriage leave stipulated by the state. In addition to the prescribed maternity leave, the woman will receive an additional 30 days of maternity leave, and the man will enjoy 7 days of nursing leave; if the "Only Child Parents Honor Certificate" is applied for during the maternity leave, the additional maternity leave will be 90 days. ; Those who undergo birth control surgery will enjoy leave in accordance with regulations. During the period of enjoying the above stipulated leave, wages will be paid as usual and benefits will remain unchanged, and attendance, assessment, promotion, promotion and salary increase will not be affected.

If farmers marry late, both husband and wife will be exempted from one year of voluntary rural labor; if they have children late, the mother will be exempted from one year of voluntary rural labor.

Article 53: Families that obtain the "Honorable Certificate for Parents of Only Children" can enjoy the following rewards and preferential treatments

:

(1) Issued Parents of an only child will receive a one-time reward of 100 yuan to 500 yuan, and will receive a monthly health care fee of more than 5 yuan for the only child starting from the month when they receive the certificate, until the child reaches 14 years old;

(2) For state agency staff and employees of enterprises and institutions who retire in accordance with regulations, an additional 5%

of retirement pension shall be provided, but shall not exceed 100% of their original standard salary;

(3) Priority will be given to single-child students for further education, employment, and homestead arrangements in rural areas under the same conditions.

( 4) Conditional units, township (town) people's governments, and sub-district offices may subsidize or reduce or exempt only children's daycare fees, school fees, medical expenses, etc. as appropriate;

(5) Other rewards and preferential treatment provided by local regulations.

Couples who meet the conditions for giving birth to a second child and receive the "Certificate of Honor for Parents of Only-Child" shall, in addition to enjoying the relevant rewards and preferential treatment for only children in accordance with the provisions of these Regulations

The unit or township (town) people's government and sub-district office will commend them and issue a one-time reward of more than 500 yuan.

Article 54: The incentive fee for parents of an only child and the health care fee for an only child shall be 50% borne by each spouse's employer

; one spouse is a staff member of a state agency, enterprise or institution. If the employee is an employee of the unit and the other is an urban resident

The entire responsibility shall be borne by the unit where one of the employees of the state agency or an employee of an enterprise or institution belongs;

If both spouses are urban residents , shall be borne by the people's government of the township (town) or sub-district office where the household registration is located;

If both husband and wife are farmers, it shall be borne by the people's government of the township (town) where the household registration is located.

Article 55: Work in family planning positions in people's governments below the county level, sub-district offices, enterprises and institutions for more than 20 years in total, and obtain a certificate issued by the National Family Planning Commission Full-time staff of "Certificate of Honor" will be rewarded after retirement.

Full-time (including recruitment) personnel engaged in family planning work in people's governments at or above the township (town) level, sub-district offices, enterprises and institutions can enjoy the benefits issued by the people's government or units Job allowances and labor protection benefits

.

Chapter 6 Legal Responsibilities

Article 56 If a child is born in violation of the provisions of these Regulations, the number of children and the circumstances of the child shall be considered based on the actual income level of the party concerned

Depending on the severity, the spouses will be dealt with according to the following provisions: (1) If they are state agency staff or employees of enterprises or institutions, they will be fired and social support will be levied;

(2) For those who are farmers, social support fees shall be levied at a rate of not less than 2 times but not more than 5

times of the per capita net income of farmers in the county (city, district) in the previous year;

(3) For urban residents, social support fees shall be levied at a rate of not less than 2 times but not more than 5 times of the per capita disposable income of urban residents in the county (city, district) in the previous year

;

(4) Individual industrial and commercial households, private business owners and persons engaged in other types of business activities, based on

the per capita net income of farmers in the county (city, district) where they are located in the previous year or Social support fees are levied between 4 times and 10 times the per capita disposable income of urban residents.

Article 57: If the childbirth conditions stipulated in these regulations are met, but the childbirth interval is not within the interval, state agency staff and employees of enterprises and institutions shall be entitled to a childbirth according to the age of the couple. Social maintenance fees are levied at 30% of the standard monthly salary. The collection period is from the date of birth to the expiration of the interval. The children shall not be rated as advanced or promoted within 2 years. employed; farmers, urban residents, individual industrial and commercial households, private business owners and persons engaged in other types of business activities

are calculated according to the per capita net income of farmers or urban residents in the county (city, district) in the previous year. Residents can levy social support fees based on the average monthly disposable income

of their children. The collection period is from the date of the child's birth to the expiration of the interval. However, the maximum amount levied shall not exceed the county's (City, district) per capita net income of farmers or twice the per capita disposable income of urban residents in the previous year.

Article 58: Non-marital births and illegal adoption of children shall be governed by the relevant provisions of Articles 56 and 57.

For those who give birth out of wedlock and register their marriage in accordance with the law and comply with the birth regulations, the time for collecting social support fees is from

the date of the child’s birth to one year after the marriage registration. One year is calculated as one year.

Article 59 For couples who have obtained the "Honorable Certificate for Parents of an Only Child" and apply for the birth of a second child in compliance with the provisions of these Regulations

the "Only Child Certificate" shall be withdrawn. "Female Parent's Honor Certificate" and the received incentive fees and health care fees for the only child; if a child does not meet the provisions of these regulations, the "Only Child Parent's Honor Certificate" and the received

>In addition to the incentive fees and only child health care fees received, the wages and bonuses during the extended maternity leave shall be recovered and handled in accordance with the relevant provisions of these Regulations.

Article 60: If a person becomes pregnant in violation of the fertility regulations of these Regulations and refuses to listen to advice or terminate the pregnancy, state agency staff

employees and employees of enterprises and institutions shall be punished by their units on a monthly basis. The social support allowance is levied in advance at 30% of the standard salary of the couple. 50% of the social support amount for other categories of persons is levied in advance.

If the pregnancy is terminated, the social support fees collected in advance will be fully refunded after deducting the surgical expenses required to terminate the pregnancy.

If the pregnancy is caused, the social support fees will be offset.

Article 61 violates the provisions of Articles 56, 57, 58, and 60, and the party concerned

fails to comply with the provisions of If the social support fee is paid within the time limit, a late payment fee of 2‰ of the overdue social support fee will be levied every month from the date of default; if the payment is still not made, the family planning administration that made the decision to collect the fee will be charged. The department applies to the People's Court for compulsory execution in accordance with the law.

Article 62: Areas that exceed the current year’s population plan and units that have children in violation of the conditions stipulated in laws and regulations will not be rated as advanced in that year, and their main leaders will not be promoted or promoted. Promotion.

Article 63 If ??any unit or individual violates the provisions of these Regulations and fails to perform family planning management responsibilities, the people's government at the same level shall order it to make corrections and issue a notice of criticism; those directly responsible shall The person in charge and other persons directly responsible

will be given administrative sanctions in accordance with the law.

Article 64: Anyone who violates the provisions of these Regulations and commits any of the following circumstances, which does not constitute a crime, shall be ordered to do so by the family planning administrative department or the health administrative department at or above the county level

Make corrections, give a warning, and confiscate illegal gains; if the illegal gains exceed 10,000 yuan, a fine of not less than 2 times but not more than 6 times the illegal gains will be imposed; if there are no illegal gains or

illegal gains If the amount is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 30,000 yuan will be imposed:

(1) Using ultrasound technology and other technical means to perform non-medically necessary fetal gender identification for others

Or gender-selective artificial termination of pregnancy;

(2) Illegally performing family planning surgeries for others;

(3) Performing fake birth control surgeries for others, or performing birth control surgeries for others without authorization Performing fertility restoration surgery or conducting fake medical evaluation

.

Article 65: If the person who forges, alters, buys or sells family planning certificates does not constitute a crime, the family planning administrative department at or above the county level will give a warning and confiscate the illegal gains. If the illegal income is more than 5,000 yuan, a fine of not less than 2 times but not more than 10 times of the illegal income will be imposed; 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 will be imposed. A fine of less than 10,000 yuan.

If a family planning certificate is obtained by improper means, the family planning administrative department at or above the county level shall cancel the family planning certificate.

If the unit that issued the certificate is at fault, the unit that issued the certificate will be directly responsible. The person in charge and other persons directly responsible

will be given administrative sanctions in accordance with the law.

Article 66: If a staff member of a state agency commits any of the following acts during family planning work, but does not constitute a crime

he shall be given administrative sanctions in accordance with the law; if there are any illegal gains The illegal gains shall be confiscated:

(1) Infringement of citizens’ personal rights, property rights and 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, embezzling, or privately dividing family planning funds or social support funds;

( 5) Falsifying, concealing, forging, tampering with or refusing to report population and family planning statistical data.

Article 67 If family planning technical service personnel operate in violation of regulations or delay rescue, diagnosis and treatment, causing serious

consequences, they shall bear corresponding legal responsibilities in accordance with relevant laws and regulations.

Article 68: Anyone who refuses or hinders the family planning administrative department and its staff to perform official duties in accordance with the law does not constitute a crime

and shall be criticized and educated by the family planning administrative department and punished Stop; if it constitutes a violation of public security management

, public security management penalties will be imposed in accordance with the law.

Article 69 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.