Regulations of Guangdong Province on Population and Family Planning (Excerpt)
Chapter I General Provisions
Article 2 China citizens living within the administrative region of this province and citizens with household registration in this province but living outside the province, as well as all state organs, social organizations, enterprises and institutions and mass autonomous organizations within the administrative region of this province, shall abide by these regulations.
Article 4 Both husband and wife have the obligation to carry out family planning according to law, and the legitimate rights and interests of carrying out family planning are protected by law. It is illegal not to practise family planning.
Article 5 People's governments at all levels shall exercise unified leadership over the population and family planning work within their respective administrative areas, and implement the target management responsibility system for population and family planning.
The main person in charge of the people's governments at all levels is the first person responsible for the implementation of the local population and family planning tasks. Doing a good job in population and family planning is an important part of assessing the achievements of people's governments at all levels and their responsible persons.
Seventh villagers' committees and residents' committees shall do a good job in population and family planning work according to law.
Chapter II Organization and Implementation
Twelfth Township People's governments, street offices to set up population and family planning institutions, according to the population size with full-time population and family planning management personnel, responsible for the area of population and family planning management.
The village (neighborhood) committee shall set up a family planning committee, equipped with full-time family planning management personnel according to the population size, and be responsible for the specific management of family planning.
State organs, social organizations, enterprises and institutions shall set up family planning institutions or be equipped with full-time (part-time) staff according to needs to be responsible for the specific management of family planning in their own systems and units.
Thirteenth urban population and family planning work to implement territorial management, unit responsibility, residents' autonomy, community service.
State organs, social organizations, enterprises and institutions shall do a good job in the management of population and family planning in their own units, implement the responsibility system of the legal representative of the unit, and accept the professional guidance, supervision and inspection of the local township, street population and family planning institutions.
Fourteenth village (neighborhood) committees, large factories, mines, enterprises and institutions, and communities where floating population live in concentrated communities can establish family planning associations and organize the masses to carry out family planning self-education, self-management and self-service.
Fifteenth village (neighborhood) committees shall formulate regulations on family planning autonomy in accordance with the law, and report them to the Township People's government or street offices for the record.
The articles of association of family planning autonomy shall not contravene the Constitution, laws, regulations and national policies.
Sixteenth floating population family planning work by the domicile and current residence of the population and family planning agencies are responsible for * * *, mainly in the current residence, into the daily management of the current residence.
Chapter III Birth Control
Article 18 Citizens are encouraged to marry late and have children late, and a couple is encouraged to have one child.
Late marriage refers to the first marriage more than three years later than the legal age for marriage, and late childbearing refers to the first birth of a married woman after the age of 23.
Nineteenth in any of the following circumstances, both husband and wife apply for the same, and can have another child with the approval of the township, street population and family planning institutions or the agricultural and forestry farms directly under the county level or above:
(1) The first child is a disabled child or the first pair of twins (including multiple births) is a disabled child who cannot grow into a normal labor force and is medically considered to be able to give birth again, as identified by a medical appraisal institution for disabled children listed at the prefecture level;
(two) remarried couples, before remarriage, one party gave birth to two children (including legal adoption, the same below), and the other party did not give birth;
(three) remarried couples, before remarriage, each party gave birth to a child, and the minor children were determined by law or divorce agreement at the time of divorce, and the newly formed family had no children;
(four) remarried couples, before the remarriage, both parties gave birth to a child, and the newly formed family only gave birth to a child, but the child was disabled and could not grow into a normal labor force, which was medically considered to be able to give birth again;
(five) both husband and wife did not have children before marriage, and were identified as infertile by medical and health institutions at or above the county level after marriage, and became pregnant after adopting children according to law;
(six) both husband and wife are only children and have only one child;
(seven) one of the husband and wife has worked in an underground mine or deep sea for more than five years, and is still engaged in this work and has only one child;
(eight) both husband and wife are rural residents (agricultural population, the same below), who have only one child and are girls.
An application for approval of another child in accordance with the provisions of the preceding paragraph shall be reported to the administrative department of population and family planning at the next higher level for the record.
Twentieth in accordance with the provisions of this Ordinance, but under any of the following circumstances, no longer arrange fertility, according to the super-birth:
(a) both husband and wife are rural residents, only one child is a girl, but one of them is approved by the personnel department of the organization at or above the county level;
(two) urban residents (non-agricultural population, the same below) after the birth of children, one or both husband and wife will be registered as rural residents;
(3) The pregnancy is terminated due to an emergency without the approval of the population and family planning administrative department at the county level or the municipal level without districts;
(4) Abandoning or putting out a child for adoption and asking for another birth;
(5) Deliberately causing the death or disability of the baby, or falsely reporting the sex of the baby or the death of the baby;
(6) Failing to go through the adoption registration and adopt a child according to law;
(seven) other circumstances in violation of the provisions of this Ordinance.
Twenty-first villagers' committees are transformed into residents' committees. Couples of childbearing age who were originally rural residents and turned into urban residents and only gave birth to one girl can arrange to have another child within four years from the date when the villagers' committee was turned into a residents' committee. I voluntarily move my registered permanent residence out of the neighborhood committee. If I am not pregnant when I move out, I will cancel the original birth arrangement.
Rural residents who voluntarily move their household registration to urban residents, except married women of childbearing age who have arranged to have a second child and are pregnant before moving in, shall implement the provisions on the birth of urban residents from the date of moving in.
Article 22 Ethnic minorities should also practise family planning and encourage a couple to have one child. Minority couples living in ethnic autonomous counties may have another child after examination and approval under any of the following circumstances:
(1) Minority couples are rural residents;
(two) one of the minority couples is a rural resident, the other is an urban resident, and only one child is a girl;
(3) Both husband and wife are rural residents, and one of them is a non-ethnic minority and has settled and lived in the ethnic minority;
(4) Both ethnic minority couples are rural residents and have given birth to two children according to law. One or two of them is a disabled child who cannot grow into a normal labor force but is medically considered to be able to give birth again by the medical appraisal institution for disabled children listed at the prefecture level.
Twenty-fifth couples of childbearing age should consciously implement family planning contraceptive measures, participate in pregnancy examination, and accept the guidance of family planning technical services.
If she is pregnant in violation of the relevant provisions of these regulations, she shall take remedial measures in time. If remedial measures are not taken in time, the township people's government, the sub-district office population and family planning institutions shall promptly guide and supervise their implementation.
It is strictly forbidden to take part in pregnancy tests and implement contraceptive measures instead of others.
Chapter V Preferential Treatment, Rewards and Social Security
Thirty-fifth employees who marry late, increase the marriage leave for ten days; The implementation of late childbirth, maternity leave increased by fifteen days. Other urban personnel who marry late and have children late may be commended and rewarded by the local people's government.
Thirty-seventh parents of the only child registered in this province shall be issued a certificate of honor by the local people's government and enjoy the following preferential treatment:
(a) belonging to workers and urban residents, from the date of issuance to the child's fourteen years of age, the one-child health care fee is ten yuan per month, and appropriate rewards can be given. The one-child health care fee and bonus shall be borne by the unit where both husband and wife work. Other personnel other than employees shall be solved by the local people's government as a whole. For the parents of the only child among urban residents, if the male is over 60 years old and the female is over 55 years old, the family planning bonus will be paid according to certain standards;
(two) belonging to rural residents, the local people's government shall give incentives or apply for old-age insurance;
(three) after the death or disability of the only child, the people's government shall give a certain amount of assistance to couples who have no children or adopt children;
(four) employment, housing, poverty alleviation and children's nursery, school, medical care, etc., under the same conditions, give priority to care;
(five) in addition to the maternity leave prescribed by the state, maternity leave is increased by 35 days; The man enjoys a 10-day breastfeeding leave. During maternity leave and nursing leave, wages will be paid as usual, without affecting welfare benefits and attendance rewards.
The specific measures for family planning reward and assistance as stipulated in items 1 and 3 of the preceding paragraph shall be formulated separately by the provincial people's government within one year from the date of implementation of this revision.
Thirty-eighth people's governments at all levels shall, according to the local actual situation, formulate preferential treatment, incentives and subsidies for rural one-child households and pure-born two-female ligation households. Give priority to employment, arrange homestead, help production, help the poor, start nursery school, enter school, and provide medical care.
Actively develop various forms of rural old-age security, establish and improve the population and family planning foundation, and give priority to solving the basic old-age problems of rural one-child households and pure-born two-woman ligation households.
Article 39 rural men who get married and settle down in their only daughter's home, and couples who are married in their only daughter's home or who have only two children and are ligated, move into the village where their son-in-law lives with their daughter, enjoy the same treatment as the residents of the village, and no one may obstruct or discriminate.
Chapter VI Supervision and Administration
Forty-second the implementation of family planning contract management system. A family planning contract shall specify the contents of fertility, contraception, pregnancy check, family planning technical service, reward and guarantee, etc.
Township, street population and family planning institutions or village (neighborhood) committees shall sign family planning contracts with couples of childbearing age according to law.
State organs, social organizations, enterprises and institutions, mass autonomous organizations, units and individuals that establish contracting, leasing and labor relations shall sign family planning contracts according to law.
Family planning contracts signed according to law are protected by law.
Forty-third couples of childbearing age who refuse to perform the obligations of contraception and pregnancy check, the relevant units and owners shall stop contracting or renting, dismissing and recovering the houses in accordance with the provisions of the contract.
Forty-fifth floating women of childbearing age should go to the township or street population and family planning institutions where the household registration is located to apply for family planning certificates before leaving the household registration.
After the floating population women of childbearing age arrive at their current residence, they shall submit the family planning certificate to the township or street population and family planning institution where they live.
Forty-sixth the relevant administrative departments in the process of handling the floating population women of childbearing age residence permit (temporary residence permit), employment permit and other documents, should check the current residence of the township or street population and family planning institutions to check the family planning certificate. If there is no family planning certificate, it shall promptly notify the township or street population and family planning institution where it lives.
Employers and individuals are responsible for the family planning management of married floating population of childbearing age. Shall not recruit floating population women of childbearing age without family planning certificate.
The owners who rent or lend houses to the married floating population shall cooperate with the local township or street population and family planning institutions to do a good job in the family planning management of the married floating population. Women of childbearing age who have no family planning certificate are not allowed to rent or lend their houses.
Forty-seventh do not conform to the provisions of these regulations, social maintenance fees shall be levied. The population and family planning administrative department of the people's government of a prefecture-level city at or above the county level shall entrust the township people's government directly under the county level, sub-district offices or agricultural and forestry farms to make a decision on expropriation, and the specific work shall be implemented by the population and family planning institutions to which they belong, with the assistance of the village (neighborhood) committees and relevant units.
If it is really difficult for a party to pay the social maintenance fee in one lump sum, it shall apply to the unit that made the collection decision in accordance with the regulations, and the installment payment period shall not exceed three years.
If the floating population does not meet the requirements of these regulations to give birth to children, the measures for collecting social support fees shall be implemented in accordance with the relevant provisions of the state.
Social maintenance fees and overdue fines shall be turned over to the state treasury, and revenue and expenditure shall be managed separately. No unit or individual may intercept, misappropriate, embezzle or privately divide it.
Forty-eighth state organs and institutions, state-owned enterprises, state-owned holding enterprises, and township collective enterprises shall dismiss or terminate the employment contract for the over-born employees. The members of the super-living village (neighborhood) committees shall be dealt with in accordance with the relevant provisions.
For supernumerary students, the relevant units shall, within five years from the date of making a decision in accordance with the provisions of these regulations, state organs, institutions, state-owned enterprises, state-owned holding enterprises and township collective enterprises shall not recruit or record (employ) them; Five years shall not be elected as a member of the village (neighborhood) committee and rated as advanced; Shall not enjoy free medical treatment within seven years; Not less than seven years but not more than fourteen years shall not enjoy the dividends and other collective income of the rural joint-stock cooperative system.
If you are not registered to get married and have a second child or more, and your spouse has children with others, it will be treated as super-life.
Article 51 Democratic management of population and family planning shall be practiced. Township, street population and family planning institutions and village (neighborhood) committees shall regularly publish the implementation of family planning policies and population and family planning, population and family planning statistics, the implementation of birth control measures, and the collection of social support fees, and accept supervision by the masses.
Fifty-second people's governments at all levels and their staff in the implementation of population and family planning work should be strictly in accordance with the law, civilized law enforcement, and shall not infringe upon the legitimate rights and interests of citizens.
The administrative departments of population and family planning and their staff members shall be protected by law when performing official duties according to law. Population and family planning workers in the process of performing official duties according to law, all relevant departments, units and citizens shall cooperate, and shall not refuse or hinder population and family planning workers from entering relevant places to carry out their work.
Chapter VII Legal Liability
Fifty-third children who do not meet the provisions of these regulations shall be levied social support fees in accordance with the following provisions:
(a) urban residents have more than one child, the husband and wife respectively according to the local county (city, district) last year, the per capita disposable income of urban residents more than three times, less than six times the collection of one-time social support. If my actual income last year was higher than the per capita disposable income of urban residents in local counties (cities, districts) last year, social support fees will be levied on the excess. If there are more than two children, the social support fee payable by one child shall be collected as the base, and the social support fee shall be collected in multiples of the number of children;
(two) rural residents have more than one child, the husband and wife in accordance with the local annual per capita net income of township farmers more than three times less than six times the one-time collection of social support. If my actual net income last year was higher than the per capita net income of local township farmers last year, social support fees should also be levied according to more than one time and less than two times. If there are more than two children, the social support fee payable by one child shall be collected as the base, and the social support fee shall be collected in multiples of the number of children;
(three) did not apply for marriage registration to give birth to the first child, did not apply for marriage registration within 60 days, according to the calculation base of the provisions of item (a) or item (two) of this article, the social support fee is levied twice; If you have not registered for marriage and given birth to a second or more children, the social support fee of three times or more and six times or less shall be levied according to the calculation base specified in Item (1) or (2) of this article; If the spouse gives birth to others, the social support fee shall be levied at six to nine times according to the calculation base specified in Item (1) or (2) of this article.
If the adoption registration is not handled according to law, it shall be handled in accordance with the provisions of the preceding paragraph.
Article 55 Anyone who forges, alters, buys or sells family planning certificates or organizes others to take an impostor to participate in pregnancy tests and implement birth control measures shall have his illegal income confiscated by the population and family planning administrative department of the people's government at or above the county level. 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.
The use of false family planning certificates, the population and family planning administrative departments of the people's governments at or above the county level shall impose a fine of more than 2000 yuan from 500 yuan.
If a family planning certificate is obtained by improper means, the population and family planning administrative department of the people's government at or above the county level 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 punished according to law.
Article 61 Whoever refuses or obstructs the population and family planning departments and their staff from performing their official duties according to law and commits any of the following acts shall be criticized and educated by the population and family planning administrative department of the people's government at or above the county level or the population and family planning institutions in towns and streets and stopped; Employees shall be punished by their units. Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be punished by the public security organs according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) threatening, beating family planning staff or destroying their property, which seriously interferes with the normal life and production of their families;
(2) spreading rumors to mislead people, causing troubles, disrupting the order of family planning work and destroying the property of the family planning department;
(three) concealing the violation of family planning objects.
Article 62 Anyone who fails to participate in pregnancy check or implement contraceptive measures and remedial measures as required shall be given a warning by the population and family planning administrative department of the people's government at or above the county level and corrected within a time limit; If it fails to make corrections within the time limit, it may be fined in 200 yuan and ordered to execute within a time limit.
Those who take part in pregnancy check and implement birth control measures instead of others shall be fined more than 2,000 yuan from 500 yuan by the population and family planning administrative department of the people's government at or above the county level.
Article 63 If the first child fails to go through the birth registration formalities in accordance with the regulations, the township, street population and family planning agencies shall order him to do so within a time limit.
In accordance with the provisions of this Ordinance to give birth to another child, but pregnant without approval, it shall go through the examination and approval procedures; If the examination and approval procedures are not completed at the time of birth, the population and family planning administrative department of the people's government at or above the county level shall levy 2% social support fee according to the calculation base stipulated in Article 53 of these regulations.
Article 64 If an employer or individual recruits women of childbearing age with floating population without family planning certificate, or fails to perform the duties of family planning management of floating population, the population and family planning administrative department of the people's government at or above the county level shall give a warning and may impose a fine of less than 1000 yuan.
If the floating women of childbearing age fail to handle or submit the family planning certificate in accordance with the regulations, the administrative department of population and family planning of the people's government at or above the county level or the township, street population and family planning institutions shall order them to submit or submit within a time limit; Fails to submit or submit the audit within the time limit, shall be given a warning by the administrative department of population and family planning of the people's government at or above the county level, and may be fined in 500 yuan.
Article 65 If a party fails to pay the due social maintenance fee in full within the prescribed time limit, an overdue fine shall be imposed in accordance with the relevant provisions of the state from the date of default. If the party concerned fails to pay the overdue fine within the time limit, the population and family planning administrative department of the people's government at or above the county level that made the decision on the collection shall apply to the people's court for compulsory execution according to law.
Sixty-sixth citizens, legal persons and other organizations that administrative organs infringe upon their legitimate rights and interests in the process of implementing family planning management may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 67 If a party fails to apply for reconsideration, bring a lawsuit or execute the punishment decision within the statutory time limit, the organ that made the punishment decision may apply to the people's court for compulsory execution according to law.
Chapter VIII Supplementary Provisions
Article 68 These Regulations shall come into force on June 6+1October 6+1October 6, 2009.