Announcement of the Standing Committee of the Ninth People's Congress of Yunnan Province
(no 65)
The Regulations on Population and Family Planning in Yunnan Province (Revised) was deliberated and adopted at the 29th meeting of the Standing Committee of the Ninth People's Congress of Yunnan Province on July 25th, 2002, and is hereby promulgated and shall come into force as of September 1 2002.
Yunnan Provincial People's Congress Standing Committee
July 25(th), 2002
Chapter I General Provisions
Article 1 In order to realize the coordinated development of population, economy, society, resources and environment, implement family planning, control population, improve population quality, improve population structure, safeguard citizens' legitimate rights and interests, 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 situation of this province.
Article 2 Family planning is the basic national policy of the country.
Citizens, legal persons and other organizations within the administrative region of this province shall abide by these regulations.
Article 3 Family planning work should focus on publicity and education, contraception and regular work, combine with economic development, hard work and building civilized and happy families, rely on scientific and technological progress, promote quality services, achieve and stabilize the low population growth level and promote sustainable development.
Article 4 People's governments at all levels shall lead the population and family planning work within their respective administrative areas.
Family planning administrative departments and working institutions of people's governments at all levels are responsible for family planning work and population work related to family planning within their respective administrative areas. Other relevant departments shall be responsible for the relevant population and family planning work within their respective functions and duties.
Trade unions, youth leagues, women's federations, 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.
Article 5 People's governments at all levels shall reward organizations and individuals that have made remarkable achievements in population and family planning services and management, scientific research and application, and foreign exchanges and cooperation.
Chapter II Formulation and Implementation of Population Development Planning
Article 6 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, incorporate it into the national economic and social development plan, formulate the implementation plan of population and family planning and organize its implementation.
Family planning administrative departments at or above the county level shall be responsible for the daily work of population and family planning implementation plan.
Township people's governments and urban neighborhood offices are responsible for the population and family planning work within their respective jurisdictions.
Seventh villagers' committees and residents' committees shall do a good job in family planning according to law.
Organs, enterprises and institutions, social organizations and other organizations shall do a good job in family planning work of their own units.
Article 8 People's governments at all levels shall take measures to establish an effective population and family planning service mechanism, improve the maternal and infant health care system, improve the level of medical technology, improve the pre-marital health care and maternal health care system, prevent and reduce birth defects, improve the level of reproductive health, and ensure that citizens in remote, poor and ethnic minority areas enjoy family planning technical services.
Ninth population and family planning work to implement the target management responsibility system, the legal representative responsibility system, birth control and reproductive health care contract management system and family planning one-vote veto system.
Tenth departments of family planning, education, science and technology, culture, health, civil affairs, press and publication, radio and television shall organize publicity and education on population and family planning.
The mass media should publicize the work of population and family planning for public welfare.
Schools should carry out physical health education, adolescent education and sexual health education among students in a planned way according to the age and psychological characteristics of the educated.
Eleventh people's governments at all levels and departments of population and family planning work should accept the business guidance, supervision and inspection of the family planning administrative department at the same level.
Family planning management of organs, enterprises, institutions, social organizations, other organizations and citizens shall be the responsibility of the family planning institutions of the local people's governments at the township level and the urban neighborhood offices.
Article 12 The family planning work of floating population 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 current residence as the main place.
People's governments at all levels shall incorporate the family planning management of floating population into the target management responsibility system for population and family planning work within their respective administrative areas.
Public security, industry and commerce administration, labor and social security, health, construction and other administrative departments. Family planning administrative departments at or above the county level shall, within the scope of their respective duties, cooperate with family planning administrative departments at the same level to do a good job in family planning management and service of floating population.
Thirteenth people's governments at the township level, city street offices set up family planning institutions, equipped with full-time family planning staff.
Villagers' committees and residents' committees are equipped with family planning promoters.
Villagers' groups and residents' groups shall have family planning attendants.
Organs, enterprises, institutions, social organizations and other organizations shall be equipped with full-time or part-time personnel to manage the family planning work of their own units, and may set up family planning institutions according to the needs of their work.
Article 14 People's governments at all levels shall, according to the national economic and social development, gradually raise the overall level of investment in population and family planning, and effectively guarantee the funds needed for population and family planning work.
People's governments at all levels shall give key support to the population and family planning work in poverty-stricken areas and ethnic minority areas.
All enterprises, institutions and other organizations shall arrange necessary funds to ensure the development of population and family planning work.
It is forbidden to intercept, deduct or misappropriate funds for population and family planning.
Fifteenth the remuneration of family planning propagandists shall be included in the family planning fee by the governments at all levels.
The remuneration of family planning service personnel is mainly solved by township and city street offices, and subsidies are given by villagers' committees and residents' committees.
Sixteenth family planning administrative departments should publicize the provisions and procedures of family planning, administration according to law; Personnel engaged in family planning work shall hold relevant certificates and enforce the law in a civilized manner, and shall not infringe upon the legitimate rights and interests of citizens.
People's governments at the township level, urban neighborhood offices, villagers' committees, residents' committees and units shall regularly announce the fertility situation, the treatment results of family planning violations and the collection of social support fees, and accept supervision by the masses.
Chapter III Birth Control
Article 17. Encourage citizens to marry late and have children late, have fewer and healthier children, and advocate a couple to have one child; Those who comply with the provisions of laws, administrative regulations and these regulations may request to have a second child.
Article 18 If both husband and wife or one of them is a non-agricultural population, one of them shall have one child. However, under any of the following circumstances, a second child may be born upon the application of both husband and wife and the examination and approval of the family planning administrative department at the county level:
(a) the medical appraisal organized by the administrative department of family planning shows that the first child has a non-hereditary or avoidable hereditary disability and is suitable for re-birth;
(two) the family planning technical appraisal for infertility, pregnant after adopting children according to law;
(3) Both husband and wife are only children;
(four) both husband and wife are returned overseas Chinese or compatriots from Hong Kong, Macao and Taiwan who have lived in our province for less than six years.
Nineteenth to encourage the agricultural population to have one child. If it is really difficult to have a second child, both husband and wife may apply and have a second child after approval by the family planning administrative department at the county level.
The implementation of the provisions of the preceding paragraph in the suburbs, densely populated areas or ecologically deteriorated areas of large and medium-sized cities shall be strictly controlled. Specific measures shall be formulated by the state and municipal people's governments and regional administrative offices, and shall be implemented after being approved by the provincial people's government.
Twentieth minority agricultural population in the implementation of the provisions of this Ordinance nineteenth, one of the following circumstances, both husband and wife can apply, approved by the county family planning administrative department, can have another child:
(a) both husband and wife are ethnic minorities living in the area under the jurisdiction of the border villagers' committee;
(2) The husband and wife are Dulong, De 'ang, Jino, Achang, Nu, Pumi and Bulang.
Twenty-first remarried couples, under any of the following circumstances, can have another child upon the application of both husband and wife and the approval of the family planning administrative department at the county level:
(a) one of the husband and wife married for the first time, and the other remarried and only gave birth to one child; Or both parties are remarried, and one of them has only given birth to one child and the other has not.
(two) the agricultural population remarried couples, one spouse has given birth to two children according to law, and the other has no children.
Twenty-second couples of childbearing age shall not give birth to children in violation of the provisions of these regulations on the grounds of adoption.
Twenty-third in line with the provisions of the re birth, the birth interval should be more than four years.
In accordance with the provisions of Article 20 of these regulations, it is necessary to shorten the birth interval. With the approval of the county family planning administrative department, the birth interval can be shortened to the third anniversary.
Twenty-fourth couples have the first child, the two sides should go through the birth formalities at the township people's government or the city street office where the woman's work unit is located or where the woman's household registration is located.
In accordance with the provisions of this Ordinance, if it is required to have another child, both husband and wife shall apply at the same time, which shall be reviewed by the township people's government or the city street office where the woman's work unit is located or where the woman's household registration is located, and reported to the county-level family planning administrative department for fertility procedures.
Citizens of this province who have lived in different places for more than 1 year can also go through the birth formalities at their current residence, as proved by the township people's government where their household registration is located.
The examination and approval authority shall make a decision within 30 days from the date of receiving the application; If it needs to be extended due to special circumstances, it may be extended appropriately with the approval of the person in charge of the examination and approval authority, but the longest time shall not exceed 60 days.
Twenty-fifth in line with the conditions of fertility, should be in accordance with the provisions of this Ordinance to receive a "birth certificate".
Chapter IV Awards and Social Security
Twenty-sixth citizens who are 25 years old for men and 23 years old for women are registered for their first marriage according to law, and those who are married and have their first child over 24 years old are late.
If the staff of organs, enterprises, institutions, social organizations and other organizations get married late, they will be given fifteen days of marriage leave in addition to the marriage leave prescribed by the state; In case of late childbirth, the woman's maternity leave is 30 days and the man's nursing leave is 7 days; During the maternity leave, the woman will be given fifteen days' maternity leave if she applies for the Glory Certificate of the Only Child Parents.
The vacation stipulated in the preceding paragraph is regarded as attendance.
Twenty-seventh organs, enterprises and institutions, social organizations and other organizations after the implementation of family planning surgery, in accordance with the following provisions:
(a) placing intrauterine devices, leave for seven days, and the maternity leave placed during maternity leave shall be postponed.
(2) If the IUD is taken out with the approval of the family planning administrative department, it will be taken off for three days.
(three) the implementation of tubal ligation, vacation for 30 days, vacation during maternity leave.
(four) vasectomy, fifteen days off.
(five) approved by the county family planning administrative department, the implementation of fallopian tube recanalization, vacation for thirty days; People who have vasectomy will take a vacation 15 days.
(six) due to contraceptive measures and remedial surgery failed, forty days off. The vacation stipulated in the preceding paragraph is regarded as attendance.
Twenty-eighth no brothers and sisters (including siblings, stepbrothers and sisters) only child, only daughter or legally adopted only child is an only child.
Get the "one-child parents honor certificate", enjoy the following rewards and preferential treatment:
(1) From the month when the license is issued to the day when the child reaches the age of 14, the one-child health care fee of not less than 10 yuan shall be paid every month, and the one-child health care fee shall be paid as usual. Both husband and wife are government agencies, enterprises and institutions, and social group work personnel, and each unit shall pay half; If one party is an organ, enterprise, institution or social group work personnel, and the other party is a non-agricultural population or an agricultural population, it shall be paid in full by the unit where the organ, enterprise, institution or social group work personnel work. Both husband and wife are other non-agricultural population or agricultural population, which shall be solved by the county and township finance where their household registration is located;
(two) under the same conditions to give social assistance, children's nursery, kindergarten, school and other aspects of priority;
(three) enjoy retirement benefits, retirement fees or basic pension 5%;
(four) the only child in rural areas shall be given regular free health examination by the family planning technical service institution;
(five) to give financial, technical, training and other aspects of support and preferential treatment to the economic development of rural one-child families; For poor families with only children in rural areas, priority is given to poverty alleviation loans, work-for-work relief, poverty alleviation projects, social relief, homestead division, employment introduction, etc.
If the only child dies and his parents no longer give birth or adopt children, the treatment stipulated in items (3) and (5) of the preceding paragraph shall remain unchanged.
After enjoying the treatment of the only child, if another child is approved, the certificate of honor for the parents of the only child shall be withdrawn from the month of approval, and the rewards and preferential treatment stipulated in this article shall be stopped.
Article 29 If a couple of agricultural population who meet the conditions of re-birth voluntarily give birth to only one child for life and receive a certificate of honor from the parents of the only child, in addition to enjoying the rewards and preferential treatment stipulated in the second paragraph of Article 28 of these regulations, the people's government shall give them a one-time reward, and the specific measures shall be formulated by the provincial people's government.
Thirtieth people's governments at all levels shall establish and improve the rural social security system to promote the development of family planning work.
Chapter V Technical Services for Family Planning
Thirty-first family planning technical service institutions shall handle the "Practice License for Family Planning Technical Service Institutions" according to law, and the approving institution shall indicate the approved family planning technical service items on the practice license. Medical and health care institutions engaged in family planning technical services shall be examined and approved by the health administrative department at or above the county level, and the approved family planning technical service items shall be indicated in the practice license of the medical institution, and the family planning administrative department at the same level shall be notified.
Family planning operation must be carried out by the personnel who have obtained the certificate of family planning technical service personnel in accordance with the approved scope of operation.
The implementation of contraceptive operation should ensure the safety of the subjects. If it is identified as a family planning technical service accident or a complication of family planning operation, the operating unit shall bear the responsibility according to law.
Thirty-second couples of childbearing age should consciously implement family planning contraceptive measures, accept the guidance of family planning technical services, and prevent and reduce unwanted pregnancies.
Article 33 The family planning administrative department is responsible for the comprehensive management of family planning technical services.
Family planning technical service institutions and their staff have the responsibility to guide citizens to choose safe, effective and appropriate contraceptive measures, and should help them to take remedial measures in time if they are pregnant in violation of the provisions of these regulations.
Thirty-fourth organs, enterprises, institutions, social organizations and other organizations that participate in maternity insurance or basic medical insurance shall include the expenses for family planning operations in the insurance fund; Units that do not participate in maternity and medical insurance shall bear the cost of family planning surgery for their employees.
The cost of family planning surgery for other non-agricultural population and agricultural population shall be included in the financial budget in accordance with the relevant provisions of the state.
Thirty-fifth disabled children's medical identification, identification and management of complications of family planning operation, in accordance with the "Regulations" management of family planning technical services in the State Council.
Thirty-sixth it is strictly forbidden for any institution or individual 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.
Chapter VI Legal Liability
Thirty-seventh in violation of the provisions of this Ordinance eighteenth, nineteenth, twentieth, twenty-first, twenty-second, according to the law of both husband and wife to collect social support, in accordance with the following provisions:
(a) belongs to the organs, institutions, social group work personnel, given administrative sanctions of dismissal;
(two) is an enterprise employee, terminate the labor contract;
(3) Retirees from government organs, enterprises, institutions and social organizations reduce their pensions or basic pensions;
(four) belonging to the agricultural population, before the implementation of birth control measures, shall not enjoy preferential treatment for poverty alleviation. If the relationship between husband and wife is not established according to law and children are born in violation of the provisions of these regulations, it shall be handled in accordance with the provisions of the preceding paragraph.
Adoption of children, in violation of the relevant provisions of family planning, shall be handled in accordance with the provisions of the first paragraph of this article.
Persons who have given birth illegally shall take care of their own birth expenses and medical expenses related to birth; If there is salary, no salary will be paid during maternity leave.
Article 38 If a second child is born illegally after enjoying the one-child treatment, the one-child treatment shall be cancelled, and the paid one-child health care fee, additional pension or basic pension and one-time incentive fee shall be recovered, and it shall be handled in accordance with the provisions of Article 37 of these regulations.
Thirty-ninth social maintenance fee collection and management, in accordance with the relevant provisions of the State Council.
Fortieth in violation of the provisions of article twenty-third, the husband and wife were fined 500 yuan to 2000 yuan.
In violation of the provisions of article twenty-fifth, undocumented birth, shall be ordered to reissue the birth certificate. Refuse to make up, the husband and wife were fined more than 200 yuan 1000 yuan.
Article 41 A spouse who gives birth to a child with another person shall be fined between 5,000 yuan and 10,000 yuan, and shall be dealt with in accordance with the provisions of Article 37 of these regulations.
Forty-second in any of the following circumstances, the family planning administrative department at the county level shall give a warning, order it to make corrections within a time limit, and impose a fine of 1000 yuan to 3000 yuan:
(1) Interfering with or preventing others from taking contraceptive measures;
(2) Hiding or harboring a person who violates family planning;
(three) other acts that hinder the management of family planning.
Article 43 State functionaries who commit any of the following acts in 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;
(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.
Family planning propagandists who fail to perform their obligations or commit other acts in violation of the provisions of these regulations shall be criticized and educated. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Forty-fourth in any of the following circumstances, the administrative department of family planning shall give criticism and education and stop it; Those who violate the regulations on public security administration shall be given administrative penalties for public security; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Obstructing the family planning administrative department and its staff from performing their official duties according to law by violence, coercion or other means;
(two) take revenge on family planning workers and their family members, causing harm;
(3) disturbing the normal working order of family planning organs;
(4) Abusing women and children due to childbirth;
(five) discrimination, abuse and abandonment of baby girls. Forty-fifth floating population in the administrative area of this province illegal birth, in accordance with the relevant provisions of this Ordinance.
Forty-sixth illegal birth personnel, five years shall not be selected advanced, awarded honorary titles and awards; May not be the person in charge of organs, institutions, state-owned and state-controlled enterprises and social organizations.
The unit where the illegal birth personnel are located shall not be selected as a civilized unit or an advanced unit within three years, and shall not be awarded an honorary title.
Forty-seventh citizens, legal persons and other organizations that the specific administrative acts of administrative organs and their staff in family planning management infringe upon their legitimate rights and interests may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VII Supplementary Provisions
Article 48 These Regulations shall come into force on September 6, 2002.
1990 65438+On February 22nd, the 15th meeting of the Standing Committee of the Seventh People's Congress of Yunnan Province deliberated and passed the Regulations on Family Planning in Yunnan Province.1997 65438+On February 3rd, the 31st meeting of the Standing Committee of the Eighth People's Congress of Yunnan Province passed the Decision of the Standing Committee of the Yunnan Provincial People's Congress on Amending Fifteen Local Regulations.