(adopted at the fourth meeting of the Standing Committee of the Tenth People's Congress of Hebei Province on July 6, 2003)
Chapter I General Provisions
Article 1 In order to control the population, improve the quality of the population, stabilize the low fertility level, and realize the coordinated development of population, economy, society, resources and environment, these Regulations are formulated in accordance with the provisions of 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.
Second China citizens, legal persons or other organizations within the administrative region of this province, as well as citizens whose household registration is in this province but who leave this province, shall abide by these regulations.
Article 3 Family planning is a basic national policy of our country.
People's governments at all levels should rely on publicity and education, scientific and technological progress and comprehensive services to establish and improve the reward and social security system and carry out population and family planning work.
Article 4 People's governments at all levels shall lead the population and family planning work within their respective administrative areas.
The family planning administrative departments of the people's governments at or above the county level shall be responsible for family planning work and population work related to family planning within their respective administrative areas.
Other relevant departments of the people's governments at or above the county level shall perform their duties in the work of population and family planning, formulate specific measures within the scope of their respective duties, and do a good job in population and family planning.
Article 5 Trade unions, communist youth leagues, women's federations and other social organizations shall assist the people's governments in carrying out population and family planning work.
Family planning associations at all levels shall assist the people's governments at the same level in organizing citizens to carry out self-education, self-management and self-service in family planning work.
Article 6 The family planning work of villagers' committees, residents' committees, state organs and institutions shall be undertaken by the principal responsible persons, and family planning management institutions shall be established or staffed with full-time or part-time personnel according to the needs of the work. The family planning work of an enterprise shall be the responsibility of its legal representative or principal responsible person, and shall be subject to the guidance, supervision and inspection of the family planning administrative department or institution of the local people's government.
Chapter II Formulation and Organization of Population Development Planning
Article 7 The people's governments at or above the county level shall, according to the population development plan of the people's government at the next higher level and in combination with local conditions, formulate the population development plan of their respective administrative areas and incorporate it into the national economic and social development plan.
Eighth people's governments at or above the county level shall, according to the population development plan, formulate the implementation plan of population and family planning, and strengthen the management, supervision, inspection and guidance of population and family planning work.
The implementation plan of population and family planning shall stipulate measures to control the population, optimize the population structure, strengthen maternal and child health care and improve the quality of the population.
Article 9 The people's governments of townships, nationality townships and towns and the urban subdistrict offices shall be responsible for implementing the population and family planning implementation plan within their respective jurisdictions.
Tenth urban population and family planning work, the implementation of territorial management, unit responsibility, residents' autonomy, community service management and service mechanism, and will be incorporated into the creation of civilized streets, civilized communities and civilized families.
Eleventh floating population family planning work is jointly managed by the people's government where the household registration is located and the people's government of the current residence, with the management of the current residence as the main focus, and the specific measures are formulated by the provincial people's government.
Twelfth in the work of population and family planning, the birth policy, reward policy, punishment standard and birth arrangement should be made public regularly, and consciously accept public supervision.
Statistical data of population and family planning must be realistic and truthfully reported, and no unit or individual may falsely report, conceal, forge, tamper with or refuse to report statistical data.
Thirteenth people's governments at all levels shall implement the target management responsibility system for population and family planning work and be responsible for its implementation.
Development and reform, finance, health, civil affairs, public security, industry and commerce, labor and social security, education, drug supervision, statistics and other departments are responsible for relevant population and family planning work, provide relevant data on population and family planning, and enjoy population information resources.
Fourteenth family planning, education, science and technology, culture, health, civil affairs, news, publishing and other departments should organize publicity and education on population and family planning, guide citizens to establish a scientific, civilized and progressive concept of population and fertility, and consciously implement family planning.
The mass media have the obligation to publicize the population and family planning for public welfare.
Fifteenth family planning administrative departments or institutions below the county level and state organs, enterprises and institutions of full-time family planning staff, the implementation of post allowance; Give appropriate remuneration to the family planning managers of villagers' committees and residents' committees.
Family planning administrative departments or institutions of the people's governments below the county level and family planning staff of their subordinate institutions who have worked in family planning jobs for more than 20 years and retired in family planning jobs will receive an increase of 5% in pension.
Article 16 People's governments at all levels shall guarantee the population and family planning funds and gradually raise the overall level of investment in population and family planning funds.
No unit or individual may withhold, embezzle or misappropriate funds for population and family planning.
Chapter III Birth Control
Article 17 Citizens have the right to have children and the obligation to carry out family planning according to law, and both husband and wife have equal responsibilities in carrying out family planning.
Article 18 Citizens are encouraged to marry late and have children late, and a couple is encouraged to have one child.
Article 19 After marriage, childless citizens of both parties may voluntarily arrange to have their first child. Couples who meet one of the following conditions may have another child upon approval:
(a) the first child is a disabled child who cannot grow into a normal labor force, but is medically considered to be able to give birth again;
(2) Being pregnant again after adopting a child according to law;
(3) Both husband and wife are only children and have only one child;
(four) one of the husband and wife is a disabled revolutionary soldier of the second grade or above, or other non-hereditary disabled persons equivalent to this standard, and only has one child;
(five) both husband and wife are ethnic minorities with a population of less than10 million, and only have one child;
(six) both husband and wife are returned overseas Chinese who have settled in this province or compatriots from Taiwan Province Province, Hongkong and Macao, and only have one child;
(seven) fishermen engaged in marine operations in coastal fishing areas have only one child;
(eight) rural residents in mountainous areas and Bashang have only one child;
(nine) rural residents married and settled in a family with one daughter, no children and only one child;
(ten) engaged in underground work for more than five years, and continue to engage in underground work, only one girl;
(eleven) the rural residents in the plains and hills have only one girl;
(twelve) one of the remarried couples has no children, and the other has two or less children;
(thirteen) approved by the provincial people's government, belonging to other special circumstances.
Article 20 If the provisions of Article 19 are met (except that one of the remarried couples has no children and the other has two or less children), the woman should be at least 26 years old when she gives birth again, and the birth interval should be at least 4 years; Those over the age of 28 can shorten the birth interval.
Twenty-first foreign marriage and childbirth, involving Taiwan Province Province, Hongkong and Macao compatriots and overseas students, in accordance with the relevant provisions of the state.
Twenty-second couples of childbearing age from rural residents to urban residents, in line with the birth policy of urban residents. Couples of childbearing age who are transferred from established institutions to urban residents have a transition period of 24 months, and the birth policy for rural residents is implemented.
Twenty-third couples of childbearing age who give birth to their first child shall take the initiative to register with the people's government of the township, nationality township or town or the family planning institution of the city street office where the woman's household registration is located within three months of pregnancy.
Couples of childbearing age implement a free registration system for their first child.
Twenty-fourth couples of childbearing age request to have a second child, and the family planning administrative department of the people's government at the county level shall give approval within one month from the date of accepting the application. One of them is a state functionary or an employee who meets the requirements of Item (1) and Item (4) of Article 19. The family planning administrative department of the municipal people's government with districts shall give approval within three months from the date of accepting the application.
The examination and approval period does not include the appraisal time of disabled children and adults in Item (1) and Item (4) of Article 19.
If the birth is approved, the family planning administrative department of the people's government at the county level where the woman's household registration is located shall issue a "second child birth certificate"; If the birth is not approved, the applicant shall be informed in writing of the reasons for not approving the birth.
Twenty-fifth abandoned baby, infant drowning, sale, hiding, illegal adoption of children, no longer arrange for childbirth.
Couples who have received a second-child birth certificate, without the approval of the family planning administrative department of the people's government at the county level, carry out non-medical pregnancy termination surgery over the middle term (pregnancy 14 weeks or more) without authorization, and the second-child birth certificate will be invalid and no more births will be arranged.
Article 26 contraception is the main method of family planning.
Prevent and reduce unintended pregnancy.
Twenty-seventh people's governments at all levels should create conditions to ensure that citizens who practice family planning enjoy the right to informed choice of contraceptive measures.
Twenty-eighth couples of childbearing age should consciously implement safe, effective and appropriate family planning contraceptive measures, and accept family planning technical services and pregnancy inspection guidance.
For couples who have given birth to children, long-term contraceptive measures are the first choice.
Twenty-ninth pregnant women who do not meet the requirements of Article 19 and Article 20 shall take measures to terminate pregnancy under the guidance of family planning technical service personnel.
Thirtieth couples of childbearing age management unit can sign a family planning contract with couples of childbearing age, and stipulate the rights and obligations of both parties.
Thirty-first married couples of childbearing age who practice family planning enjoy free family planning technical services for basic projects stipulated by the state.
The funds required in the preceding paragraph shall be included in the financial budget of the people's governments at all levels in accordance with relevant regulations or guaranteed by social insurance.
Chapter IV Awards and Social Security
Article 32 Citizens who marry late and have children late shall be rewarded.
Late marriage refers to delaying marriage for more than three years according to the legal age for marriage; If a married woman gives birth for the first time over the age of 24, it is late childbirth. The implementation of late marriage, reward marriage leave for fifteen days; The implementation of late childbirth, reward maternity leave for forty-five days, and give the man ten days of nursing leave. Reward marriage leave and maternity leave, and enjoy normal marriage leave and maternity leave treatment.
Thirty-third recipients of unplanned births shall enjoy birth control leave according to regulations; If the sterilization operation really needs the care of his spouse, his spouse shall enjoy seven to ten days' nursing leave. Staff of state organs and employees of enterprises are regarded as full-time workers during the above holidays; Rural residents can be given appropriate subsidies by the people's governments of their townships, nationality townships and towns.
Thirty-fourth couples who voluntarily have only one child for life shall be registered by the people's governments of townships, nationality townships, towns or urban street offices, and shall be issued with the "Certificate of Honor for the Only Child Parents", which shall enjoy the following rewards:
(1) From the date of receiving the Honorary Certificate of the One-Child Parents until the child reaches the age of 18, the one-child parents will be given a monthly bonus of not less than 10 yuan;
(two) in the maternity leave period to receive the "one-child parents honor certificate", maternity incentive maternity leave for 30 days;
(three) to give a one-time reward of not less than 1000 yuan to couples who can have a second child in accordance with the provisions of Article 19 and voluntarily stop having children;
(four) the only child parents are national staff, employees of enterprises and institutions, and they will be given a one-time reward of not less than 3,000 yuan when they retire; Those who belong to rural residents and unemployed people in cities and towns shall be given appropriate subsidies when they lose their ability to work in old age.
The sources of rewards and subsidies mentioned in the preceding paragraph shall be stipulated by the provincial people's government.
Thirty-fifth people's governments at or above the county level may set up public welfare funds for population and family planning assistance. Its sources of funds are mainly financial investment and social donations, which are mainly used for subsidies when the only child is accidentally disabled or killed, parents no longer give birth or adopt children, or retire or lose their ability to work. Specific measures shall be formulated by the provincial people's government.
Thirty-sixth in terms of supporting the development of production, the only-child families are given preferential treatment and support in terms of funds, technology and training; Family planning poverty-stricken families have priority in poverty alleviation, work-for-work relief and social relief.
The standard of rural one-child family homestead should be improved; Increase the share of collective welfare distribution by one more person; Parents of laid-off only children are given priority in training and employment under the same conditions.
The only child in rural areas participated in the senior high school entrance examination and college entrance examination in this province, with an increase of 10.
Nurseries, kindergartens, primary schools and hospitals should give proper care to the only child.
The specific preferential measures stipulated in this article shall be formulated by the provincial people's government.
Article 37 In rural areas where conditions permit, the old-age security system for one-child families and two-daughter families can be gradually established and various forms of old-age security measures can be implemented in accordance with the principle of government guidance and farmers' voluntary participation.
Thirty-eighth units and individuals that have made remarkable achievements in the implementation of these regulations shall be commended or rewarded by the people's governments at all levels or the family planning administrative departments.
Chapter V Technical Services for Family Planning
Thirty-ninth people's governments at all levels of family planning administrative departments responsible for the management of family planning technical services within their respective administrative areas. The health administrative departments of the people's governments at all levels shall, within the scope of their respective duties, cooperate with the family planning administrative departments to do a good job in family planning technical services.
The family planning administrative departments of the people's governments at or above the county level shall regularly inspect the family planning technical services within their respective administrative areas.
Fortieth people's governments at all levels should establish and improve the family planning technical service network composed of family planning technical service institutions and medical and health institutions engaged in family planning technical services.
The establishment of family planning technical service institutions and medical and health institutions engaged in family planning technical services shall be examined and approved in accordance with the relevant provisions of the Regulations on the Administration of Family Planning Technical Services promulgated by the State Council.
Article 41 Family planning technical service institutions and medical and health care institutions engaged in family planning technical services shall, within their respective functions and duties, carry out publicity and education on the basic knowledge of population and family planning according to the characteristics of people of childbearing age, carry out pregnancy examination and follow-up services for married women of childbearing age, and undertake consultation, guidance and technical services on family planning and reproductive health care.
Relevant clinical service personnel among family planning technical service personnel shall obtain professional qualifications and register in accordance with the relevant provisions of the Regulations on the Administration of Family Planning Technical Service promulgated by the State Council.
Individual medical institutions are prohibited from carrying out family planning operations.
Forty-second family planning technical service personnel should guide citizens to choose safe, effective and appropriate contraceptive measures.
The implementation of contraceptive operation should ensure the safety of the subjects.
Article 43 Citizens shall receive prenatal health care guidance to prevent or reduce birth defects.
Couples of childbearing age who have been diagnosed by designated medical institutions at or above the county level with serious genetic diseases that are medically considered unsuitable for childbearing shall take sterilization measures or long-term contraceptive measures in time to prohibit childbearing.
Forty-fourth it is strictly forbidden for any unit or individual to use ultrasonic technology and other technologies to identify the sex of the fetus for non-medical needs and selectively terminate pregnancy.
Article 45 If family planning operations are carried out in family planning technical service institutions and medical and health institutions engaged in family planning technical services, the family planning administrative department of the people's government at or above the county level shall identify them as complications of family planning operations and give them free treatment.
Family planning surgery causes loss or basic loss of working ability, except in accordance with the relevant provisions of the state, national staff and enterprise employees shall be treated as work-related injuries by their units; Rural residents and unemployed urban residents, their production and life by the local grass-roots units to give care and subsidies, in line with the relief conditions, to give social relief.
Chapter VI Legal Liability
Forty-sixth who do not meet the provisions of these regulations, the one-time social support fee for both parties shall be levied according to the following standards:
(a) does not meet the provisions of article nineteenth of the birth of a second child, is a national staff, enterprise employees, according to the amount of not less than 2.5 times my total salary in the previous year; Private enterprise operators and individual workers, according to not less than 2.5 times my net income last year; Belong to the unemployed urban residents, according to not less than 2.5 times the per capita disposable income of urban residents in this city last year; Belong to rural residents, according to not less than 2.5 times the per capita net income of rural residents in the township, nationality township and town in the previous year. If the third child is born in violation of the provisions of these regulations, it shall be levied according to the amount of the second child plus 100%; If the fourth or more children are born, the amount received will be reduced and accumulated.
(two) do not meet the provisions of article twentieth and give birth to a second child in advance, from the birth year to the legal year, every year in advance according to 1500 yuan calculation.
(three) in accordance with the provisions of Article nineteenth and Article twentieth, but did not apply for the "second child birth certificate" and birth, respectively, according to the amount of 500 yuan.
(four) if the first child is born before the legal age of marriage, it shall be levied according to the levy standard for the second child stipulated in Item (1) of this article; If a second child is born, it shall be levied according to the levy standard for the third child stipulated in Item (1) of this article; Have a third or more children, and so on.
(5) Those who have reached the legal age for marriage but have given birth to their first child without a Marriage Certificate shall be paid the amount of 1500 yuan respectively.
(six) except for items (four) and (five) of this article, other children born out of wedlock shall be calculated according to the total number of children of both parties and levied according to the standard of item (four) of this article.
Article 47 Where a child is adopted in violation of the provisions of the Adoption Law of People's Republic of China (PRC), social support fees shall be levied on the adopter according to the following standards:
(a) in line with the statutory conditions but not for adoption registration, according to the amount of 1000 yuan;
(two) no children but have not reached the legal age of adoption, the amount is 2000 yuan for each year in advance;
(three) the adoption of children, according to the number of children, according to the provisions of article forty-sixth (a) of this ordinance.
Article 48 Whoever gives birth in violation of the provisions of Article 19 of these regulations or adopts a child in violation of the provisions of the Adoption Law of People's Republic of China (PRC) shall be given administrative sanctions in addition to collecting social support fees in accordance with the provisions of Articles 46 and 47 of these regulations. Those who belong to other personnel shall be given disciplinary sanctions by their units or organizations.
Article 49. Administrative sanctions shall be imposed on the principal and competent person in charge of the organs, institutions and various enterprises where the parties who have given birth or adopted children in violation of the provisions of these regulations are located, and the advanced qualification of the unit in that year shall be cancelled.
Local organs, institutions and various enterprises that cause population out of control shall be given administrative sanctions of demotion or above for their main responsible persons and persons in charge; If rural areas enjoy fixed subsidies, 20% subsidies will be withheld. If there is still no obvious change in the following year, the main person in charge and the person in charge shall be given administrative sanctions above dismissal; In rural areas that enjoy fixed subsidies, fixed subsidies will be stopped.
Fiftieth in violation of the provisions of this Ordinance, do not perform the duties of population and family planning target management and do not perform the obligations of assisting population and family planning management, the relevant local people's government shall order it to make corrections and give it to informed criticism; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Fifty-first in violation of the provisions of article twenty-eighth, given a warning by the administrative department of family planning, make corrections within a time limit; If no correction is made within the time limit, a fine from 200 yuan to 500 yuan shall be imposed.
In violation of the provisions of the provisions of article twenty-ninth, given a warning by the administrative department of family planning, make corrections within a time limit; If no correction is made within the time limit, a fine of one thousand yuan to two thousand yuan shall be imposed.
Fifty-second units or individuals that violate the provisions of these regulations and commit any of the following acts shall be ordered by the family planning administrative department or the health administrative department of the people's government at or above the county level to make corrections, give a warning and confiscate their 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 according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Illegally performing family planning operations for others;
(two) for others to carry out 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.
Article 53 Anyone who, in violation of the provisions of these Regulations, forges, alters or buys or sells family planning certificates shall be confiscated by the family planning administrative department of the people's government at or above the county level. Illegal income of more than five thousand yuan, and impose a fine of more than two times and less than ten times the illegal income; 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.
Fifty-fourth units or individuals that have one of the following acts shall be dealt with in accordance with relevant laws and regulations:
(1) Refusing or obstructing the staff from carrying out family planning official duties according to law or spreading rumors to confuse people and incite trouble;
(2) Threatening, insulting, beating or framing family planning workers;
(three) in violation of the relevant provisions of the management of family planning technical services.
Article 55 State functionaries who commit any of the following acts in population and family planning work shall be given administrative sanctions according to law; Illegal income, confiscate the illegal income; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Infringement of citizens' personal rights, property rights and other lawful rights and interests;
(2) Refusing to apply for citizenship within the statutory time limit or deliberately making things difficult for the applicant without justifiable reasons;
(three) practicing fraud or spamming family planning certificates;
(4) collecting social maintenance fees without taking remedial measures;
(five) false, concealed, forged, tampered with or refused to report the statistical data of population and family planning;
(six) abuse of power, dereliction of duty, favoritism or violation of law and discipline caused a major accident;
(seven) corruption, interception, deduction, misappropriation of population and family planning funds, social support, confiscation of illegal income and fines;
(8) Soliciting or accepting bribes.
Article 56 The collection procedures, management and use of social maintenance fees stipulated in these Regulations shall be implemented in accordance with the relevant provisions of the State Council Municipality's Measures for the Administration of Social Maintenance Fees Collection.
The administrative punishment procedures and the management and use of fines and confiscations stipulated in these Regulations shall be implemented in accordance with the relevant provisions of the Administrative Punishment Law of the People's Republic of China.
Fifty-seventh if a party refuses to accept the decision on the collection of social maintenance fees and administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VII Supplementary Provisions
Fifty-eighth provincial people's government may formulate detailed rules for implementation according to these regulations.
Article 59 These Regulations shall come into force as of June 6, 2003. According to the 20th meeting of the Standing Committee of the Ninth People's Congress of Hebei Province on March 30th, 2000/KLOC-0, the Family Planning Regulations of Hebei Province revised by the Decision on Amending the Family Planning Regulations of Hebei Province shall be abolished at the same time.
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