(Adopted at the 42nd meeting of the Standing Committee of the First Chongqing Municipal People's Congress on September 25, 2002)
Chapter I General Principles
Article 1 These Regulations are formulated in accordance with the Population and Family Planning Law of the People's Republic of China and other relevant laws and administrative regulations, combined with the actual situation of this Municipality, in order to implement family planning, control the population, improve the quality of the population and realize the coordinated and sustainable development of population, economy, society, resources and environment.
Article 2 These Regulations shall apply to state organs, social organizations, enterprises, institutions and other organizations (hereinafter referred to as units) within the administrative area of this Municipality, as well as citizens with household registration or residence in this Municipality.
Article 3 The people's governments of cities, districts and counties (autonomous counties and cities) shall lead the population and family planning work within their respective administrative areas.
The population and family planning administrative departments of the people's governments of cities, districts and counties (autonomous counties and cities) shall be responsible for family planning work and population work related to family planning within their respective administrative areas.
The relevant departments of the people's governments of cities, districts and counties (autonomous counties and cities) shall be responsible for the relevant population and family planning work within the scope of their respective duties.
The people's governments of townships, nationality townships and towns and the sub-district offices shall be responsible for the population and family planning work within their respective jurisdictions.
Article 4 Trade unions, Communist Youth League, women's federations, science and technology associations, individual workers' associations, family planning associations and other social organizations, enterprises, institutions and citizens shall assist the people's governments in carrying out population and family planning work.
Fifth population and family planning work to implement comprehensive management and current residence management system.
The people's governments at higher levels shall implement the target management responsibility system for population and family planning for the people's governments at lower levels and the people's governments at all levels.
Article 6 People's governments at all levels shall take measures such as publicity and education, science and technology, comprehensive services, encouragement and assistance, social security, improving women's status, promoting women's employment and enhancing citizens' health to carry out population and family planning work.
Article 7 People's governments at all levels and population and family planning workers shall act in strict accordance with the law, enforce the law in a civilized manner and safeguard the legitimate rights and interests of citizens.
Population and family planning staff shall perform their duties according to law and be protected by law.
Article 8 People's governments at all levels and relevant departments and units shall commend and reward organizations and individuals who have made remarkable achievements in population and family planning work and citizens who have made contributions in the implementation of family planning.
Chapter II Formulation and Implementation of Population Development Planning
Article 9 The population and family planning administrative departments of cities, districts and counties (autonomous counties, cities) shall, in accordance with the needs of population and economic and social development, work out the population development plan of their respective administrative regions in conjunction with the development planning department, which shall be implemented after being approved by the people's government at the corresponding level and incorporated into the national economic and social development plan.
Tenth city and district, county (autonomous county, city) population and family planning administrative departments shall, according to the population development plan, formulate the implementation plan of population and family planning, and report it to the people's government at the same level for approval before implementation.
The implementation plan of population and family planning should stipulate measures such as controlling population, improving population quality, improving population structure, strengthening reproductive health care, ensuring investment, implementing family planning incentives and social security, and the responsibilities of relevant departments, units, villagers' committees and residents' committees for the comprehensive management of population and family planning.
Eleventh population and family planning implementation plan by the city and district, county (autonomous county, city) people's government is responsible for organizing the implementation. The administrative department of population and family planning is responsible for organizing the implementation of the population and family planning implementation plan.
The people's governments of townships, nationality townships and towns and the sub-district offices shall be responsible for the implementation of the population and family planning implementation plan within their respective jurisdictions. Its population and family planning agencies are responsible for daily work.
Article 12 The relevant departments of the people's governments of cities, districts and counties (autonomous counties, cities) shall be conducive to family planning work when formulating policies on population-related economic and social development, and solicit opinions from the administrative departments of population and family planning.
Thirteenth city and district, county (autonomous county, city) people's government departments should implement the comprehensive management of population and family planning responsibilities in accordance with the provisions. The administrative department of population and family planning is responsible for the guidance, coordination and supervision of the comprehensive management of population and family planning.
Fourteenth villagers' committees and residents' committees implement the responsibility system for population and family planning work, and do a good job in population and family planning work according to law through the norms of villagers' autonomy and residents' autonomy.
State organs, social organizations, enterprises and institutions shall do a good job in the population and family planning work of their own units. The legal representative responsibility system shall be implemented in the unit population and family planning work.
Article 15 The people's governments of cities, districts and counties (autonomous counties and cities) and townships, nationality townships and towns shall incorporate the population and family planning funds into the fiscal budget at the same level, and gradually increase the investment in population and family planning funds to ensure the needs of the development of population and family planning.
Article 16 The relevant administrative departments, social organizations, enterprises and institutions, villagers' committees and residents' committees shall carry out regular publicity, education and guidance on population and family planning, and advocate the scientific, civilized and progressive concept of marriage and childbearing.
Seventeenth family planning scientific research, publicity and education, contraceptive management and technical services and other institutions are responsible for population and family planning scientific and technological research, publicity and education, free contraceptive supply, technical services and reproductive health care.
Eighteenth cities and districts, counties (autonomous counties, cities) and the people's governments of townships, nationality townships and towns shall establish a population information resource sharing system. Family planning, public security, personnel, labor and social security, statistics, civil affairs, education, health and other departments shall provide each other with relevant population data.
State organs, social organizations, enterprises and institutions, villagers' committees and residents' committees shall fill in the statistical statements of population and family planning in accordance with regulations. Statistics of population and family planning are summarized and reported by the population and family planning departments of people's governments at all levels.
If a citizen gives birth to a child, it shall report the birth population to the people's government of a township, nationality township or town or the subdistrict office within 30 days.
Chapter III Birth Control
Article 19 Citizens have the right to have children according to law and the obligation to carry out family planning. Both husband and wife have the same responsibility in carrying out family planning.
Article 20 advocates that a couple should have only one child.
Couples who have given birth to a child may apply for another child if they meet one of the following conditions:
(1) Both parties are only children or rural residents of ethnic minorities;
(two) the first child is identified by the administrative department of population and family planning of the city or county (autonomous county or city) as suffering from non-hereditary diseases and cannot grow into a normal labor force;
(3) The first child suffers from a genetic disease and cannot grow into a normal labor force, but after medical intervention, the population and family planning administrative department of the city or county (autonomous county or city) organizes the identification of a normal baby;
(four) by the city or county (autonomous county, city) administrative department of population and family planning identification, one of the spouses is unable to have children, and she is pregnant after adopting a child according to law;
(five) remarried couples, one of whom had a child before remarriage, or the widowed one had two children before remarriage, and the other had no children;
(6) Both husband and wife are rural residents, and one of them is a martyr, disabled soldiers of Grade II or above, or disabled in the line of duty, which is equivalent to an only child with Grade II or above disability;
(seven) both husband and wife are rural residents, one of whom has been an only child for more than two generations or one of whom has been married and settled in the only daughter's home;
(eight) both husband and wife are rural residents, living in ethnic autonomous areas and residential areas, and one of them is a minority;
(nine) one-child households, ethnic minority households or one-child households in remote and cold mountainous areas as determined by the Municipal People's Government;
(ten) other circumstances in which laws and regulations can apply for another child.
Twenty-first couples who apply for another birth, if the woman is under the age of 28, should apply for birth at least three years apart.
According to the provisions of Item (8) and Item (9) of Paragraph 2 of Article 20 of this Ordinance, couples who apply for another birth shall live in areas that meet the conditions for another birth for more than five years.
If rural residents are employed by state organs, enterprises and institutions or have lived in cities and towns for more than three years, the provisions on the re-birth of rural residents shall not apply.
Article 22 Adoption of children shall not violate the laws and regulations on adoption and family planning.
Those who abandon their children may not apply for another birth; The person who puts out the child for adoption shall not give birth to children in violation of family planning regulations on the grounds of putting out the child for adoption.
Twenty-third couples who apply for another birth change their domicile, except that the application for another birth is approved by the population and family planning administrative department of the original domicile and is pregnant, the birth policy of the changed domicile shall be implemented.
Article 24 Couples who apply for another birth shall fill out an application form for another birth, and after the units where both parties work or villagers' committees or residents' committees prove the birth situation and sign their opinions, they shall report it to the people's government of a township, nationality township or town where the woman works or the household registration is located for examination and approval. If the woman lives in the man and the man's household registration is in this city, it can be audited by the people's government of the township, nationality township or town or the subdistrict office where the man's household registration is located, but it shall notify the county-level population and family planning administrative department where the woman's household registration is located in writing.
People's governments of townships, nationality townships and towns or subdistrict offices shall publicize those who meet the requirements after receiving the application for re-birth, and report them to the administrative departments of population and family planning of counties (autonomous counties and cities) for examination and approval within 30 working days from the date of receiving the application, and notify the applicant in writing if they do not meet the requirements.
The administrative departments of population and family planning of counties (autonomous counties and cities) shall make a decision on whether to approve the re-birth within 20 working days from the date of receiving the application form for re-birth. Decided to approve the re-birth, and issued a re-birth service certificate; If the second child is not approved, the party concerned shall be notified in writing and the reasons shall be explained.
The specific examination and approval procedures for re-birth applications shall be formulated by the municipal administrative department of population and family planning.
Twenty-fifth does not comply with the provisions of laws and regulations of pregnancy, should take remedial measures, and provide effective proof to the population and family planning departments. The unit, villagers' committee or residents' committee shall urge and help them to implement remedial measures.
Twenty-sixth there is evidence that there is the possibility of illegal birth, and the administrative department of population and family planning of the city or county (autonomous county or city) thinks it necessary to conduct technical appraisal to find out the facts, and the parties concerned shall cooperate.
Chapter IV Awards and Social Security
Article 27 Citizens are encouraged to marry late and have children late.
Men over 25 years old, women over 23 years old, married for the first time, married women at the age of 24 gave birth to their first child and married for the last time.
For employees who marry late, the marriage leave will be increased by ten working days; For women who give birth late, maternity leave will be increased by 20 working days. Increased marriage leave and maternity leave are regarded as working hours. Workers who marry late and have children late may be given a one-time reward or other welfare benefits by their units.
A female worker who gives birth to only one child at a late age may, upon her own application and with the approval of the unit, take continuous leave after the expiration of maternity leave until the child reaches the age of one, and her monthly salary during the leave period shall not be less than 75% of her average salary in the previous year.
During the period of maternity leave, the man's unit should give nursing leave for seven working days, and nursing leave is regarded as working hours.
Twenty-eighth employees who have undergone birth control surgery enjoy the holidays prescribed by the state, and the holidays for birth control surgery are regarded as working hours. If nursing is really necessary during the hospitalization of birth control operation, the spouse shall be given nursing leave according to the suggestion of the operation unit, and the nursing leave shall be regarded as working time.
Twenty-ninth fertile couples voluntarily have only one child for life. Upon the application of both husband and wife, the local township, nationality township, town people's government and sub-district office respectively issue honorary certificates to the parents of the only child and enjoy the following preferential treatment:
(a) the one-child parents from obtaining the "one-child parents honor certificate" from the month to the child 14 years of age, respectively, a monthly award from 2.5 yuan to 5 yuan, or a one-time award of not less than 300 yuan. Married women of childbearing age who have not been pregnant for five years can be given a one-time reward.
(two) in the recruitment, registration (employment), housing, poverty alleviation, relief and children's nursery, school, medical treatment, etc., under the same conditions, give priority to care.
(3) When rural residents are old, the people's governments or collective economic organizations of the townships, nationality townships and towns where they are located shall take care of them in production, life and medical care by providing necessary means of production and living, handling old-age insurance and granting living allowances.
(four) workers did not participate in the basic old-age insurance for urban workers, five percent of the additional pension after retirement; Those who participate in the basic old-age insurance for urban workers will be paid basic pensions in accordance with the relevant provisions of the basic old-age insurance after retirement.
(5) If the only child is accidentally disabled or killed, and his parents no longer give birth to or adopt children, the local people's government shall give necessary help by providing necessary means of production and living, handling endowment insurance, and issuing living allowances.
Couples who meet the conditions of re-birth, voluntarily have only one child for life and receive the honor certificate of the only child parents will be given a one-time reward. The specific standards shall be formulated by the people's governments of counties (autonomous counties and cities).
If the only child has not given birth or adopted a child according to law after his death, he will continue to enjoy the treatment of the only child's parents.
The reward and living allowance funds for the parents of the only child, the financial allocation of state organs and institutions by the financial expenditure, enterprise units included in the cost of pre-tax expenses. Other personnel other than employees shall be solved by the local people's government as a whole.
Thirtieth after receiving the honor certificate of the one-child parents, if they adopt or give birth to another child, they shall cancel and withdraw the honor certificate of the one-child parents. Except for legally adopting disabled children.
If the honor certificate of the one-child parents is cancelled, they will stop enjoying the preferential treatment of the one-child parents from the next month after cancellation. If a child is born or adopted in violation of the regulations, the bonus of the one-child parents shall be returned.
Thirty-first couples of childbearing age who practice family planning enjoy free family planning technical services for basic projects stipulated by the state.
Chapter V Reproductive Health Care Services
Article 32 The people's governments of cities, districts and counties (autonomous counties, cities), townships, nationality townships and towns and the subdistrict offices shall establish a comprehensive service system for family planning, contraception and reproductive health care, and popularize scientific knowledge of contraception, prenatal and postnatal care and reproductive health care.
Article 33 The people's governments of cities, districts and counties (autonomous counties and cities) shall incorporate family planning technical service institutions and medical and health institutions engaged in family planning technical services into regional health planning, establish and improve family planning technical service networks, improve technical service facilities and conditions, and raise the level of technical services.
Article 34 Family planning technical service institutions and medical and health care institutions engaged in family planning technical services shall, within the scope of their respective functions and duties, carry out publicity and education on reproductive health care, prenatal and postnatal care, contraception and birth control, pregnancy check-up and follow-up services, undertake consultation, guidance and technical services on family planning technology and reproductive health care, and accept the supervision and management of population and family planning administrative departments.
Individual medical institutions shall not engage in family planning operations.
Thirty-fifth family planning is based on contraception.
For couples who have given birth to children, long-term contraceptive measures are advocated.
Family planning technical service personnel shall guide people of childbearing age to choose safe, effective and appropriate contraceptive measures.
Thirty-sixth couples who have given birth to their first child shall obtain the birth certificate from the people's government of a township, nationality township or town or sub-district office where the woman's domicile is located or where her work unit is located.
Couples with maternity service certificates enjoy free reproductive health care services or preferential services stipulated by the administrative departments of population and family planning.
Article 37 The perinatal health care and birth defect screening system shall be implemented to prevent or reduce the occurrence of birth defects and improve the health level of newborns.
If one of the husband and wife is medically identified as suffering from diseases that are not suitable for childbearing, they should take long-term contraceptive measures under the guidance of a doctor.
Medical and health institutions and family planning technical service institutions shall put forward medical suggestions for terminating pregnancy for pregnant women who have been diagnosed with serious genetic diseases or serious defects in their fetuses before delivery. Pregnant women should terminate pregnancy according to the doctor's advice.
Article 38 People's governments of townships, nationality townships and towns and sub-district offices may sign reproductive health care service contracts with married women of childbearing age according to the needs of family planning work.
Reproductive health care service contracts shall stipulate the rights and obligations of population and family planning institutions and married women of childbearing age in reproductive health care, contraception, pregnancy test and other services.
Measures for the administration of reproductive health care service contracts shall be formulated by the Municipal People's Government.
Thirty-ninth couples who take long-term contraceptive measures, if they meet the conditions and need to give birth again, shall be given birth recovery surgery with the birth service card issued by the population and family planning administrative department of the county (autonomous county, city).
Fortieth it is forbidden to use ultrasonic technology and other technical means to identify the sex of the fetus for non-medical needs; Sex-selective artificial termination of pregnancy for non-medical needs is strictly prohibited. Specific measures shall be formulated by the Municipal People's Government.
Chapter VI Family Planning Management of Floating Population
Forty-first adult floating population should go to the township, nationality township, town people's government or street office where the household registration is located before going out, and married women of childbearing age should also sign a reproductive health care service contract for floating population.
After the adult floating population arrives at the place of residence, it shall submit the marriage and childbearing certificate to the local township, nationality township, town people's government or sub-district office, and accept the guidance and services of family planning and reproductive health care. Women of childbearing age who have given birth to children shall regularly send the proof of contraception and birth control verified by the population of their place of residence and the family planning department to their domicile.
Article 42 People's governments of townships, nationality townships and towns and sub-district offices shall organize relevant units to provide contraceptives for married floating population of childbearing age who live locally, regularly provide reproductive health care services such as contraception and birth control, prenatal and postnatal care for married women of childbearing age, guide women who do not meet the requirements of these Regulations to implement remedial measures, and regularly inform the population and family planning departments where they are registered.
People's governments of townships, nationality townships and towns and sub-district offices shall sign letters of responsibility for family planning management of floating population with units and individuals that employ or stay with foreigners.
Forty-third public security, industry and commerce, labor and social security, construction, personnel, health, real estate management and other relevant departments. Should be in accordance with their respective responsibilities to do a good job in the family planning work of floating population, check the marriage certificate of adult floating population and the birth certificate of pregnant women, and find women who are pregnant illegally, they should promptly notify the local population and family planning departments and assist in the implementation of remedial measures.
Units and individuals who accept the work and life of adult floating population shall examine the marriage and childbirth certificate of floating population and the birth certificate of pregnant women. If there is no proof of marriage and childbearing, inform them to make up, and report to the local population and family planning department in time; For pregnancy that does not meet the requirements of laws and regulations, it shall assist in the implementation of remedial measures.
Chapter VII Legal Liability
Forty-fourth do not meet the conditions for re-birth, in violation of family planning laws and regulations to give birth or adopt children, it should be in accordance with the following provisions on both men and women to collect social support.
(a) urban residents in accordance with the counties (autonomous counties, cities) urban residents in the previous year, the per capita disposable income of two to six times the collection of social support; If the actual income exceeds the per capita disposable income of local urban residents, social support fees shall be levied according to two to six times their actual income.
(two) rural residents in accordance with the local township rural residents last year per capita net income of two to six times the collection of social support; If the actual income exceeds the per capita net income of local urban and rural residents, social support fees shall be levied according to two to six times their actual income.
(3) If two or more children are born or adopted illegally, the social support fee shall be severely levied according to the calculation base specified in Items (1) and (2) (hereinafter referred to as the specified calculation base) and the number of children born or adopted illegally.
(four) if it is impossible to determine the time of illegal birth or adoption, the social support fee shall be calculated and levied according to the income level of the previous year at the time of discovery.
(five) if a child gives birth to two or more children, the social support fee shall be calculated and levied according to the birth of one child.
(six) if one of the men and women is unable to pay social support, the other party shall pay social support.
The specific multiples of the social maintenance fee levied in items (1) and (2) of the preceding paragraph shall be determined by the population and family planning administrative departments of counties (autonomous counties and cities) and reported to the municipal population and family planning administrative departments for the record.
Forty-fifth unmarried children, both men and women were levied 3000 yuan social support.
If a child is born out of wedlock, social support payments of more than six times and less than nine times shall be levied on both men and women according to the calculation base stipulated in Article 44.
Forty-sixth in line with the conditions of re-birth, but without the approval of the population and family planning administrative departments of counties (autonomous counties, cities), a social support fee of 2000 yuan will be levied. If the birth interval is not reached, the social support fee of 2000 yuan per year will be levied in advance, and less than one year will be calculated as one year.
Forty-seventh social maintenance fee collection, by the county (autonomous county, city) population and family planning administrative departments to make a written decision; The administrative department of population and family planning may entrust the people's government of a township, nationality township or town or the subdistrict office to make a written decision. If the floating population gives birth to children illegally in different places, the social support fee paid is lower than the standard of household registration, and if their children settle in their parents' household registration, the population and family planning administrative department of the household registration will make up the difference.
The decision on the collection of social support fees shall take effect as of the date it is served on the parties concerned. The parties concerned shall make a one-time payment within 30 days from the date of receiving the decision on expropriation.
If it is really difficult for a party to pay social maintenance fees in one lump sum, it shall, within 30 days from the date of receiving the decision on collection, submit a written application for payment in installments to the institution that made the decision on collection, and provide relevant certification materials. The institution that has made the collection decision shall, within 30 days from the date of receiving the application from the parties, make a decision on whether to approve or disapprove the installment payment, and notify the parties in writing.
If the party concerned fails to pay the social maintenance fee within the prescribed time limit, a late fee of 0.2% of the unpaid social maintenance fee will be charged every month from the date of default; If it still fails to pay, the institution that made the collection decision shall apply to the people's court for compulsory execution according to law.
All the social support fees collected are included in the financial budget management.
Forty-eighth do not meet the conditions of pregnancy, suspend all kinds of government support and preferential treatment, and resume after the implementation of remedial measures. Refusing to implement remedial measures or refusing to provide effective proof of implementing remedial measures, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed; If illegal births are caused, social support fees shall be levied in accordance with the provisions of these regulations.
If the unit fails to urge and help pregnant workers who violate laws and regulations to implement remedial measures, resulting in illegal childbirth, the administrative department of population and family planning of the county (autonomous county, city) shall impose a fine of more than 5,000 yuan and less than 10,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall impose a fine of more than 1,000 yuan and less than 2,000 yuan.
Article 49 Whoever refuses to sign a reproductive health care service contract or a reproductive health care service contract for floating population and gives birth illegally shall be fined between 2,000 yuan and 5,000 yuan, and social support fees shall be levied in accordance with the provisions of these Regulations.
If a party violates the provisions of these regulations and refuses to accept technical appraisal without justifiable reasons, it shall be fined 5000 yuan.
Article 50 State functionaries who give birth or adopt children in violation of the provisions of these Regulations shall be demoted or dismissed; Those who have given birth or adopted more than two children illegally shall be dismissed from public office.
Fifty-first one of the following acts, by the county (autonomous county, city) population and family planning administrative departments or health administrative departments according to their functions and powers shall be ordered to make corrections, given a warning, confiscate the illegal income; If the illegal income is more than 1 10,000 yuan, a fine of more than one time but less than six times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 1 10,000 yuan, a fine ranging from 1 10,000 yuan to 30,000 yuan shall be imposed; If the circumstances are serious, the practice certificate shall be revoked by the original issuing authority. Those who belong to the state staff should also be given administrative sanctions of recording a demerit until expulsion. If a crime is constituted, criminal responsibility shall be investigated according to law.
(1) Illegally performing operations such as taking out intrauterine devices and restoring fertility for others;
(two) the use of ultrasonic technology and other technical means for non-medical needs of fetal sex identification or selective artificial termination of pregnancy;
(three) the implementation of false birth control surgery, false medical identification, issued a false certificate of family planning.
Fifty-second family planning technical service institutions or medical and health institutions and their staff to carry out clinical medical services related to family planning, family planning technical service accidents, resulting in personal injury or property losses, should be compensated according to law. The directly responsible person in charge and other directly responsible personnel who are at fault shall be given administrative sanctions according to law.
Article 53 Where a family planning certificate is forged, altered or bought or sold, the false certificate shall be confiscated and cancelled by the population and family planning administrative department of the county (autonomous county or city), and the illegal income shall be confiscated; If the illegal income is more than 5,000 yuan, a fine of more than two times and less than ten times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 5,000 yuan to 20,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
If a family planning certificate is obtained by improper means, the administrative department of population and family planning shall cancel its family planning certificate; If the unit issuing the certificate is at fault, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 54 If anyone obstructs or interferes with others in carrying out family planning or assists, shields or connives at others in giving birth in violation of regulations, the population and family planning administrative department of the county (autonomous county or city) or the relevant administrative department shall order it to make corrections and give a warning; If the circumstances are serious, a fine of two thousand yuan or more and five thousand yuan or less shall be imposed; Those who belong to the state staff shall also be given administrative sanctions of recording a demerit and even expulsion.
Article 55 If the certificate of marriage and childbearing has not been obtained, the administrative department of population and family planning of the county (autonomous county or city) where it lives shall order it to be reissued within a time limit. Fails to apply or refuses to submit the certificate of marriage and childbearing within the time limit, and the administrative department of population and family planning of the county (autonomous county, city) in the place of residence shall impose a fine of not more than 500 yuan.
If an adult floating population without marriage and childbearing certificate is accepted for employment and residence, the population and family planning administrative department of the county (autonomous county, city) shall impose a fine of 2,000 yuan to 5,000 yuan.
Fifty-sixth departments that fail to perform the duties and obligations of family planning management shall be ordered by the people's government at the corresponding level to make corrections and give informed criticism; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
For units that have not completed the target of population and family planning responsibility, the economic and administrative responsibilities of the legal representative of the unit and other directly responsible personnel shall be investigated according to the agreement of the letter of responsibility.
Fifty-seventh refuse or obstruct the administrative departments of population and family planning and their staff to perform official duties according to law, the administrative departments of population and family planning of counties (autonomous counties and cities) shall give criticism and education and stop them; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 58 State functionaries who commit any of the following acts in family planning work shall be given administrative sanctions according to law, and the illegal gains shall be confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law.
(a) do not act in accordance with the law, infringe upon the personal rights, property rights and other legitimate rights and interests of citizens;
(two) breach of privilege, dereliction of duty, favoritism;
(3) Soliciting or accepting bribes;
(four) interception, deduction, misappropriation, corruption of family planning funds or social support;
(five) false, concealed, forged, tampered with or refused to report the statistical data of population and family planning;
(six) for those who do not meet the conditions for re-birth, issue a re-birth service certificate;
(seven) refused to implement the one-child parents incentives.
Article 59 If a citizen, legal person or other organization refuses to accept a specific administrative act made by the administrative department of population and family planning and other administrative organs, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VIII Supplementary Provisions
Article 60 The term "floating population" as mentioned in these Regulations refers to people who leave the townships, nationality townships and towns where their household registration is located to engage in work, business or residence in other places.
Article 61 Returned overseas Chinese, overseas students, residents of Hong Kong, Macao and Taiwan and foreign-related personnel shall implement the birth policy in accordance with the relevant provisions of the state.
Article 62 These Regulations shall come into force on June 1 65438+1October1day, 2002. "Chongqing family planning regulations" shall be abolished at the same time.
According to the adoption of children shall not violate the laws and regulations on adoption and family planning and Article 30: "After receiving the honor certificate of the one-child parents, if they adopt or have children again, they shall cancel and recover the honor certificate of the one-child parents. Except for legally adopting disabled children.
If the honor certificate of the one-child parents is cancelled, they will stop enjoying the rewards and preferential treatment of the one-child parents from the next month of cancellation. If a child is born or adopted in violation of the regulations, the bonus of the one-child parents will be returned. As long as they are legally adopted, they are regarded as only children.