Chapter I General Provisions
Article 1 In order to realize the coordinated development of population, economy, society, resources and environment, provide a good population environment for our province to implement the strategy of developing the western region, accelerate the pace of enriching the people and prospering Guizhou, safeguard the legitimate rights and interests of citizens, and promote family happiness, national prosperity and social progress, these Regulations are formulated in accordance with the 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 citizens, legal persons and other organizations within the administrative area of this province shall abide by these regulations.
Article 3 Citizens have the right to have children according to law and the obligation to carry out family planning, which is the common responsibility of both husband and wife.
Article 4 The implementation of family planning shall focus on publicity, education and contraception, supplemented by regular work and necessary administrative and economic measures; Adhere to the combination of economic development with helping the masses get rich through hard work and building civilized and happy families, and pay attention to the combination of poverty alleviation and development in the new stage.
Article 5 People's governments at all levels shall strengthen their leadership over population and family planning work and be responsible for organizing the implementation of these Regulations. The implementation of population and family planning target management responsibility system, the family planning work as an important part of the main performance appraisal.
People's governments at all levels should include population and family planning funds in the fiscal budget, increase investment in family planning with the growth of fiscal revenue, gradually improve the overall level of investment in population and family planning funds, and guarantee it. Give priority to poverty-stricken areas and ethnic minority areas.
Enterprises and institutions shall arrange funds to ensure the development of population and family planning work.
Sixth people's governments at all levels and their staff in the implementation of family planning work, should strictly enforce the law, civilized law enforcement, and shall not infringe upon the legitimate rights and interests of citizens.
Family planning administrative departments and their staff members shall be protected by law when performing official duties according to law.
Seventh provincial people's government family planning administrative departments responsible for the province's family planning work and population work related to family planning.
The family planning administrative departments of the people's governments at or above the county level 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 be responsible for the relevant population and family planning work within the scope of their respective duties.
Article 8 People's governments at all levels shall commend and reward organizations and individuals that have made remarkable achievements or made special contributions in population and family planning work.
Chapter II Planning and Management
Article 9 The people's governments at or above the county level shall, according to the population development plan formulated by the people's government at the next higher level and in combination with local conditions, formulate the population development plan and annual population plan of their respective administrative areas, and incorporate them into the national economic and social development plan.
Tenth people's governments at or above the county level shall, according to the population development plan and the annual population plan, formulate the implementation plan of population and family planning and organize its implementation.
The family planning administrative department of the people's government at or above the county level is responsible for organizing the daily work of the population and family planning implementation plan.
Township (town) people's governments and sub-district offices shall be responsible for the population and family planning work within their respective jurisdictions, and implement the implementation plan of population and family planning.
Village (neighborhood) committees shall do a good job in family planning according to law. Village (neighborhood) committees can be equipped with family planning management service personnel, and villagers' groups can set up women of childbearing age leaders and heads of family planning centers to assist village (neighborhood) committees in carrying out specific family planning management and services; The person in charge of women of childbearing age and the person in charge of the family planning center are elected by the villagers.
Article 11 The family planning work of floating population shall be jointly managed by the people's governments of the domicile and current residence, with the current residence as the main place.
Twelfth state organs, enterprises and institutions and other organizations in the management of family planning, the implementation of the main responsibility system, and accept the leadership of the local people's government and the inspection and supervision of the administrative department of family planning.
To implement the target management responsibility system for comprehensive management of population and family planning, the relevant departments shall perform their duties and accept the assessment of the family planning administrative department of the people's government at the same level and the people's government at a higher level.
Thirteenth public security departments should assist the family planning administrative departments to do a good job in population verification; When handling the temporary residence permit for the adult floating population, it shall examine the marriage and childbearing certificate examined by the township (town) people's government or the subdistrict office of its current residence, and inform the township (town) people's government or the subdistrict office of the handling result; If there is no marriage and childbirth certificate, it will not be handled.
Article 14 The administrative department for industry and commerce shall, when handling the business license of the adult floating population, examine the marriage and childbearing certificate examined by the township (town) people's government or the subdistrict office of its current residence, and inform the township (town) people's government or the subdistrict office of the processing result; If there is no proof of marriage and childbirth, it will not be handled; Family planning administrative departments shall assist individual industrial and commercial households that violate family planning laws and regulations to implement treatment measures.
Article 15 The labor and social security department shall supervise the employing unit to examine the marriage and childbearing certificate examined by the township (town) people's government or subdistrict office of its current residence when handling the employment procedures of the adult floating population, and urge the employing unit to inform the township (town) people's government or subdistrict office of its current residence of the handling results; If there is no marriage and childbirth certificate, it will not be handled.
Article 16 The construction department shall assist the family planning administrative department in the population and family planning work of the construction unit.
Seventeenth civil affairs departments should carry out marriage registration and adoption management according to law; Give social relief to poor families who practice family planning.
Eighteenth agricultural departments in the implementation of agricultural and rural economic development planning, should take family planning as an important content, formulate specific measures conducive to family planning.
Nineteenth health administrative departments shall, jointly with the family planning administrative departments, do a good job in family planning technical service guidance, quality supervision and technical personnel training; In accordance with the relevant provisions of the state, do a good job in the issuance and assessment of the qualifications of family planning technicians as practicing doctors, assistant practicing doctors, rural doctors and nurses; Guide medical and health institutions to carry out family planning technical services.
Twentieth personnel departments shall, jointly with the family planning administrative departments, stabilize the family planning technical service institutions and do a good job in the evaluation and employment of family planning technical personnel.
Twenty-first education departments should, according to the characteristics of the educated, carry out physical health education, adolescent education or sexual health education in schools in a planned way; Organize qualified universities to carry out theoretical research activities on population and family planning, and guide the training of family planning professionals.
Twenty-second judicial administrative departments shall cooperate with family planning administrative departments to carry out publicity and consultation services on population and family planning laws and regulations.
Twenty-third science and technology departments should incorporate scientific research and technological innovation in the field of population and family planning into scientific research planning; To guide the evaluation, identification, transformation and popularization of scientific research achievements in family planning.
Twenty-fourth ethnic and religious affairs departments should cooperate with family planning and other administrative departments to carry out publicity and education on population and family planning, guide ethnic minorities to implement family planning, and give key support to poor ethnic minority families who implement family planning.
Twenty-fifth departments of culture, radio and television, press and publication shall organize publicity and education on population and family planning; The mass media have the obligation to publicize the population and family planning for public welfare.
Article 26 Trade unions, communist youth leagues, women's federations, family planning associations, individual workers' associations and other social organizations, enterprises, institutions and citizens shall assist the people's governments in carrying out population and family planning work.
Twenty-seventh population and family planning statistics must implement the Statistics Law of the People's Republic of China, and no organization or individual may falsely report, conceal, forge, tamper with or refuse to report population and family planning statistics.
Chapter III Birth Control
Twenty-eighth advocate and encourage late marriage and childbearing. Late marriage refers to the first marriage delayed by more than 3 years according to the legal age of marriage; Late childbearing refers to a married woman who has reached the age of 24 or is pregnant and gives birth to her first child after late marriage.
Advocate and encourage a couple to have only one child.
Twenty-ninth citizens who give birth to their first child according to law after marriage shall register with the township (town) people's government or street office where the woman's household registration is located during pregnancy and apply for a reproductive health service certificate. Family planning technical service institutions shall provide reproductive health care services in a timely manner.
Thirtieth one of the spouses is a staff member of state organs, employees of enterprises and institutions or urban residents. Meet one of the following conditions, you can apply for the birth of a second child:
(a) the first child is a non-hereditary disability and cannot grow into a normal labor force;
(2) Both husband and wife are only children;
(3) The husband and wife have been married for more than 5 years, and after legally adopting a child due to infertility, they are cured and ask for childbirth;
(four) one or both of them are remarried couples, one of whom has given birth to a child and the other has not given birth to a child.
Article 31 Both husband and wife are farmers. In addition to the provisions of article thirtieth, anyone who meets one of the following conditions may apply for the birth of a second child:
The first child is a girl;
(two) both husband and wife or one of them is a minor;
(3) The man got married and settled in the one-child family, without children.
Article 32 Both husband and wife are ethnic minority farmers, and if one of their two daughters suffers from non-hereditary disability and cannot grow into a normal labor force, they may apply for another child.
Article 33 If one of the spouses is a returned overseas Chinese or a compatriot from Taiwan Province Province, Hongkong and Macao or a foreign-related marriage, it shall be handled in accordance with the relevant provisions of the state.
Thirty-fourth in accordance with the provisions of this Ordinance thirtieth, thirty-first, thirty-second, to apply for another birth, must be approved by the family planning administrative department of the people's government at the county level, and apply for a family planning certificate.
The birth interval must be more than 4 years; If the woman gives birth to her first child over the age of 30, there is no interval limit.
Thirty-fifth any of the following circumstances, no longer arrange birth; Copying in violation of the provisions of these regulations shall be dealt with:
(a) approved to give birth again, without special circumstances after pregnancy without the approval of the county family planning administrative department, without authorization to induce labor;
(2) Abandoning or putting out a child for adoption;
(3) intentionally causing the death of a baby or falsely reporting the sex of the baby or the death of the baby.
Thirty-sixth children adopted by citizens according to law are included in the number of their children.
Thirty-seventh citizens who do not meet the conditions stipulated in these Regulations shall pay social support fees if they give birth at intervals, out of wedlock or illegally adopt children; Social maintenance fees and late payment fees shall be turned over to the state treasury and incorporated into the local financial budget management; No unit or individual may intercept, misappropriate, embezzle or privately divide it.
The collection, management and use of social maintenance fees shall be implemented in accordance with the provisions of the State Council and the province.
Chapter IV Technical Services for Family Planning
Article 38 People's governments at all levels shall rationally allocate and comprehensively utilize health resources, establish and improve a family planning technical service network composed of family planning technical service institutions and medical and health institutions engaged in family planning technical services, improve technical service facilities and conditions, and raise the level of technical services.
Thirty-ninth family planning technical service institutions and medical and health institutions engaged in family planning technical services shall, in accordance with the relevant provisions of the state, conscientiously perform their duties and provide the following services:
(a) publicity and education on the basic knowledge of population and family planning for people of childbearing age, pregnancy examination, environmental examination, disease examination and follow-up services for married women of childbearing age, as well as consultation, guidance and technical services for family planning and reproductive health care;
(two) to guide couples of childbearing age to choose safe, effective and appropriate contraceptive measures;
(three) do a good job in pre-marital health care and maternal health care, prevent or reduce birth defects, and improve the health level of newborns;
(four) do a good job in clinical medical services related to family planning.
Fortieth couples of childbearing age should consciously implement family planning contraceptive measures and accept the guidance of family planning technical services.
Adhere to contraception and implement comprehensive birth control measures. Couples of childbearing age who have given birth to a child should implement contraceptive measures; If you have given birth to two children, one party should first choose sterilization measures; Anyone who is pregnant in violation of the provisions of these regulations shall take remedial measures in time.
Article 41 The administrative department of family planning shall be responsible for the unified distribution and supply of contraceptives, and cooperate with relevant departments to supervise the contraceptive market.
Couples of childbearing age should regularly receive free pregnancy and environmental inspections and enjoy free family planning technical services for basic projects stipulated by the state.
Forty-second it is strictly 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.
Article 43 If one of the husband and wife suffers from serious hereditary diseases or other diseases that are medically considered unsuitable for childbearing, birth control measures shall be taken; Pregnant women must terminate their pregnancy in time.
Forty-fourth units that perform family planning operations must meet the operating conditions stipulated by the relevant state departments, and the operators must have the corresponding technical ability to perform operations in accordance with the routine family planning operations to ensure the safety and health of patients.
It is forbidden to illegally perform family planning operations for others.
Forty-fifth family planning operation accidents, in accordance with the relevant provisions of the state.
Forty-sixth complications caused by family planning operations shall be identified and confirmed by the family planning technical appraisal team at or above the county level.
Article 47 The expenses for family planning operation and treatment of surgical complications shall be paid by the staff of state organs, enterprises and institutions who have participated in the overall regional maternity insurance, and those who have not participated in the overall regional maternity insurance shall be paid in the medical expenses of their own units; If the object is farmers or urban residents, it will be spent in family planning funds.
In violation of routine operation, the treatment cost of complications caused by family planning operation shall be borne by the operation unit.
Forty-eighth after receiving birth control surgery, due to special circumstances and in line with the provisions of these regulations, you can apply for re-birth, and with the approval of the family planning administrative department of the people's government at the county level, you can perform fertility restoration surgery.
Forty-ninth farmers and urban residents who have been identified as incapacitated by family planning operation accidents and meet the conditions for assistance, the civil affairs department shall be responsible for social assistance.
Chapter V Awards and Social Security
Article 50 People's governments at all levels shall take care of rural one-child families, families who have given birth to two girls and have been sterilized and other poor families who practice family planning in terms of poverty alleviation projects, funds, information and technology.
Article 51 People's governments at all levels shall gradually implement the old-age insurance system for rural one-child families, families that have given birth to two girls and implemented sterilization measures, and other families that practice family planning, and provide other social security.
Fifty-second staff of state organs, enterprises and institutions who get married late, in addition to enjoying the marriage leave stipulated by the state, increase the marriage leave by 10 day; Late childbirth, in addition to enjoying maternity leave prescribed by the state, the woman is given maternity leave for 30 days and the man enjoys nursing leave for 7 days; During maternity leave, if you apply for the honor certificate of the only child's parents, you will increase your maternity leave by 90 days; Those who do birth control surgery are entitled to vacation according to regulations. During the above holidays, wages will be paid as usual, and the benefits will remain unchanged, which will not affect attendance, assessment and promotion, promotion and salary increase.
If farmers marry late, both husband and wife are exempted from rural compulsory labor 1 year; Those who give birth late are exempted from rural compulsory labor 1 year.
Fifty-third families who have obtained the Glory Certificate of the Only Child Parents can enjoy the following rewards and preferential treatments:
(1)500 yuan will give a one-time incentive fee of 100 yuan to the parents of the only child, and the health care fee for the only child above 5 yuan will be collected every month from the month when the certificate is issued until the child reaches the age of 14;
(two) the staff of state organs, enterprises and institutions in accordance with the provisions of retirement, additional 5% pension, but shall not exceed my original standard salary100%;
(three) the only child in school, employment, rural housing arrangements, under the same conditions, priority. Female candidates from rural one-child households and two female ligation households will be given 10 when they take part in the national college entrance examination;
(4) Conditional units, township (town) people's governments and sub-district offices may, as appropriate, subsidize or reduce the childcare fee, school selection fee and medical expenses for the only child;
(five) other local incentives and preferential treatment.
Couples who meet the conditions of having a second child, and receive the Honorary Certificate of the Only Child Parents, shall be commended by their units or township (town) people's governments and neighborhood offices, and given a one-time incentive fee above 500 yuan, except for enjoying the relevant rewards and preferential treatment for the only child in accordance with the provisions of this Ordinance.
Fifty-fourth one-child parents incentive fee and one-child health care fee shall be borne by both husband and wife's work units 50%; If one spouse is a staff member of a state organ, an employee of an enterprise or institution, and the other spouse is an urban resident or a farmer, it shall be borne by the unit where the staff member of a state organ or employee of an enterprise or institution works; If both husband and wife are urban residents, they shall be borne by the township (town) people's government or sub-district office where the household registration is located; If both husband and wife are farmers, they shall be borne by the township (town) people's government where the household registration is located.
Article 55 Full-time staff who have worked in family planning posts in people's governments below the county level, sub-district offices, enterprises and institutions for more than 20 years and obtained honorary certificates issued by the State Family Planning Commission shall be rewarded after retirement.
People's governments at or above the township (town), sub-district offices, enterprises and institutions engaged in full-time (including recruitment) personnel engaged in family planning work can enjoy post allowances and labor protection benefits issued by the people's governments or units.
Chapter VI Legal Liability
Fifty-sixth in violation of the provisions of this Ordinance, combined with the actual income level of the parties, depending on the number of children and the seriousness of the case, the husband and wife are dealt with in accordance with the following provisions:
(a) is the staff of state organs, enterprises and institutions, to be dismissed, and the collection of social support;
(two) farmers, according to the county (city, district) last year, the per capita net income of farmers more than 2 times and less than 5 times the social support fee;
(three) urban residents, according to the county (city, district) in the previous year, the per capita disposable income of urban residents is more than 2 times and less than 5 times;
(4) Individual industrial and commercial households, private business owners and personnel engaged in other business activities shall collect social support fees according to the per capita net income of farmers or per capita disposable income of urban residents in the county (city, district) where they are located, which is more than 4 times 10 times.
Article 57 If the childbearing conditions stipulated in these Regulations are met, but the childbearing period is less than the interval years, the employees of state organs, enterprises and institutions shall collect social support at 30% of the standard monthly salary of both husband and wife, and the collection time shall be from the date of birth of the child to the date of expiration of the interval years, and they shall not be evaluated as advanced, promoted or promoted within 2 years; Farmers, urban residents, individual industrial and commercial households, private business owners and personnel engaged in other business activities shall collect social support fees according to the monthly average of the per capita net income of farmers or the per capita disposable income of urban residents in the county (city, district) in the previous year, and the collection time shall be from the date when the children are born to the date when the interval expires, but the maximum amount collected shall not exceed twice the per capita net income of farmers or the per capita disposable income of urban residents in the county (city, district) in the previous year.
Fifty-eighth children born out of wedlock and illegally adopted children shall be implemented with reference to the relevant provisions of Articles 56 and 57.
If the children born out of wedlock are registered according to law and meet the reproductive conditions, the time for collecting social support is from the date of birth of the children to 1 year after marriage registration, and if it is less than 1 year, it will be calculated as 1 year.
Fifty-ninth couples who have obtained the honor certificate of the one-child parents apply for the birth of a second child in accordance with the provisions of these regulations, and recover the honor certificate of the one-child parents and the one-child incentive fee and health care fee; Does not conform to the provisions of this Ordinance, in addition to recover the "one-child parents honor certificate" and has received the incentive fee, the one-child health care fee, it should also recover the salary and bonus during the extended maternity leave, and deal with it in accordance with the relevant provisions of this Ordinance.
Sixtieth pregnant women in violation of the provisions of this Ordinance, refused to listen to opinions or termination of pregnancy, state organs, enterprises and institutions of workers monthly according to the standard salary of husband and wife 30% collection of social support; Other types of personnel shall pay 50% of their social support fees in advance.
If the pregnancy is terminated, the prepaid social support fee will be refunded after deducting the operation expenses required for termination of pregnancy; If the child is born, it will be offset against the social support fee.
Article 61 If a party violates the provisions of Article 56, Article 57, Article 58 and Article 60 and fails to pay the social maintenance fee within the prescribed time limit, an overdue fine of 2‰ of the unpaid social maintenance fee will be added every month from the date of default; If it still fails to pay, the family planning administrative department that made the collection decision shall apply to the people's court for compulsory execution according to law.
Sixty-second areas that broke through the population plan of the year and units that gave birth in violation of the conditions stipulated by laws and regulations shall not be rated as advanced in that year, and their owners shall not be promoted or promoted.
Sixty-third units or individuals in violation of the provisions of this Ordinance, do not perform the duties of family planning management, the people's government at the same level shall be ordered to correct, and give informed criticism; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Sixty-fourth in violation of the provisions of this Ordinance, any of the following circumstances, which does not constitute a crime, shall be ordered by the family planning administrative department or the health administrative department at or above the county level to make corrections, give a warning and confiscate the illegal income; If the illegal income is more than 6,543,800 yuan, a fine of more than 2 times and less than 6 times of the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 6,543,800 yuan, a fine of 6,543,800 yuan and 30,000 yuan shall be imposed:
(a) using ultrasonic technology and other technical means to identify the sex of the fetus for others without medical needs or selectively terminate pregnancy artificially;
(2) Illegally performing family planning operations for others;
(3) performing fake birth control surgery for others, performing fertility recovery surgery for others without authorization, or performing fake medical appraisal.
Article 65 Whoever forges, alters or buys or sells a family planning certificate, which does not constitute a crime, shall be given a warning by the family planning administrative department at or above the county level, and his illegal income shall be confiscated. Illegal income of more than 5000 yuan, more than 2 times 10 times the fine. 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 family planning certificate is obtained by improper means, the family planning administrative department 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 given administrative sanctions according to law.
Article 66 Any functionary of a state organ who commits one of the following acts in family planning work, which does not constitute a crime, shall be given administrative sanctions according to law; Illegal income, confiscate the illegal income:
(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, dividing family planning funds or social support;
(five) false, concealed, forged, tampered with or refused to report the statistical data of population and family planning.
Article 67 Family planning technical service personnel who violate regulations or delay rescue, diagnosis and treatment, thus causing serious consequences, shall bear corresponding legal responsibilities in accordance with the provisions of relevant laws and regulations.
Article 68 Whoever refuses or obstructs the family planning administrative department and its staff from performing official duties according to law, which does not constitute a crime, shall be criticized and educated by the family planning administrative department and stopped; Those who violate the administration of public security shall be punished according to law.
Article 69 A citizen, legal person or other organization may apply for administrative reconsideration or bring an administrative lawsuit according to law if it believes that an administrative organ has infringed upon its legitimate rights and interests in the process of implementing family planning management.