1, Trial Provisions of Shandong Province on Several Issues of Family Planning

Trial Provisions of Shandong Province on Several Issues of Family Planning

Shandong Provincial People's Congress Standing Committee

Trial Provisions of Shandong Province on Several Issues of Family Planning

Trial Provisions of Shandong Province on Several Issues of Family Planning

Shandong Provincial People's Congress Standing Committee

(3 1,1adopted at the second meeting of the Standing Committee of the Fifth People's Congress of Shandong Province on March 36, 980)

Carrying out family planning and controlling population growth is a long-term strategic task, which is related to the prosperity of the nation, the health of future generations, the construction of the four modernizations and the improvement of people's material and cultural living standards. Consciously carrying out family planning is the obligation of every citizen. In order to promote the development of family planning work, according to Article 53 of the Constitution of People's Republic of China (PRC)

Regarding the requirements of "the state advocates and implements family planning", combined with the specific situation of our province, the following provisions are made on the relevant issues of family planning:

First, the people's governments at all levels must earnestly strengthen the leadership of family planning work, formulate plans and measures, and ensure their implementation. It is necessary to vigorously publicize the great significance of family planning and make the broad masses of cadres and people consciously implement family planning.

Two, vigorously promote late marriage, late childbirth, fewer children, eugenics. Students (excluding graduate students and those who have been transferred to cadres for further study) and apprentices are not allowed to get married during their studies. Those who fail in education will be ordered to drop out of school, and apprentices will be postponed to become full members. Women over the age of 25 are given maternity leave for four weeks according to family planning, employees' wages are paid as usual, and members' work points are recorded as usual. Each couple is required to have only one child, and they have already had one child.

Female couples, except those whose children are seriously ill or disabled, will no longer arrange childbirth; Remarried couples, regardless of whether the man or the woman has a child, generally no longer arrange childbirth; Those who suffer from genetic diseases that seriously affect the normal physical and mental development of their offspring are not allowed to have children.

Three, couples who voluntarily have fertility conditions have only one child, and have taken birth control measures to ensure that they will no longer have children. By my application, after verification and approval by the unit, submitted to the county (District) for the record, issued a "one-child discount card". Their children can be given priority in nurseries and kindergartens; Priority medical treatment and hospitalization; Tuition from primary school to high school is free, and priority is given to enrollment under the same conditions. The parents of the only child are

Cadres and workers pay five yuan a month for children's health care; It belongs to rural members, and the production team gives 50 points of child health care work every month. Health care fees and health care work points are paid from the month when the certificate is issued until the child is fourteen years old. The children's health care expenses of dual employees are shared equally by the units where both husband and wife work; One party is in the countryside, and the other party is in the collective, state unit or army, and it is also 50% shared. children

The source of health care costs, administrative institutions can spend from the administrative expenses of the unit, enterprises can spend from the enterprise fund, and the planned temporary workers and contract workers are also paid by the employer according to the above methods. Unemployed urban residents are paid by family planning fees.

For those who have already enjoyed the above-mentioned treatment and given birth to a second child, the unit will recover the one-child preferential card, and deduct all the children's health care fees or children's health care work points that have been paid (if the first child is seriously ill or disabled, only the one-child preferential card will be recovered).

Four, the distribution of rural rations strictly implement the basic rations according to the age classification and quantification, not according to the average population distribution. For those who have only one child, they can be rationed according to adults.

Five, do not implement family planning, education is ineffective, to implement economic sanctions. If Johnson & Johnson has no family planning for a second child and gives birth to three or more children, the pregnancy examination fee, delivery fee and hospitalization fee shall be paid by himself, and no maternity leave salary shall be paid; If the parents are employees, the children do not enjoy childcare subsidies and overall medical care. Children under the age of 7 who belong to the non-agricultural population are provided with rations at negotiated prices; Belonging to agriculture

Population, according to the national grain overbought price increase calculation, the distribution of other agricultural and sideline products is also handled in this spirit; If life is difficult due to unplanned birth, no subsidy or relief will be given. Within one year after giving birth, if both husband and wife cannot be rated as advanced workers (producers), the salary increase and promotion will be postponed once. Parents who have more children should be charged extra. Workers come from the wages of both husband and wife, and rural members come from the labor division of both husband and wife.

10% per month (those who don't have a working place will get 50 working places in cash every month). Among them, the unplanned birth of a second child will be levied from the month of pregnancy until the child is born for three years; For the third child (if the second child is a twin or multiple births, it will be treated as a second child), which will be levied from the month of pregnancy until the child reaches the age of 14; If you have more than three children, your income will increase by 5% for each additional child.

The extra birth fee is levied from the month of pregnancy until the child reaches 14 years old. For the collection of extra living expenses, employees are deducted from their wages every month by their units, and rural members are deducted from their labor points when they are paid. The deducted wages and work points are included in the welfare fund and public welfare fund of the unit respectively.

Children born out of wedlock are prohibited. Violators should seriously criticize education and give economic sanctions according to the method of unplanned birth of a second child.

6. Housing allocation should be conducive to family planning. Workers and couples who marry late and have only one child are given priority under the same conditions. Families with only one child and two children can be allocated the same area of housing. Rural members with only one child should give priority to the homestead when they need to build a new house. In the future, the urban population of super-born families will no longer increase the housing area.

Homestead and private plots are no longer zoned in rural areas.

Seven, all units at all levels should regard family planning as one of the conditions for evaluating advanced collectives, and units and individuals who have made remarkable achievements in family planning should be commended and given appropriate material rewards. Units that exceed family planning, especially those with triplets, cannot be rated as advanced units. Those who violate or evade family planning (especially leading cadres) should be severely criticized and severely punished.

Points.

Adoption of children from other provinces is not allowed. Those who spread rumors, crack down on family planning workers and activists, and illegally undermine family planning should be dealt with severely, and those who cause serious consequences should be punished according to law.

Eight, in order to take good care of rural "five guarantees" and urban childless retired workers, the state and the collective should take measures to ensure that their lives are slightly higher than the average living standard of local members and residents. When male and female employees who have no children for life retire, the pension is paid at 100% of the original salary; Employees who have only one child for life will receive a 5% pension when they retire (retired according to the original salary 100%).

Gold no longer increases). We should advocate the establishment of nursing homes. Conditional production brigade can implement the agricultural labor insurance system. For lifelong childless members, when they lose their ability to work in old age, in addition to taking care of them according to the "five guarantees", they will be given a living allowance from the public welfare fund of the production team as the case may be.

The implementation of equality between men and women, children have the obligation to support their parents and the right to inherit property. Only female employees, whose daughters or sons-in-law are limited to 30 years old, can enjoy the employee replacement right within the scope stipulated by the state, and both parents can also enjoy the labor protection treatment of immediate family members. In rural areas, men are encouraged to get married and settle in families with children and women, and they are guaranteed politically and economically.

Enjoy the same rights and obligations as local members, and no one may make things difficult or discriminate.

Nine, the implementation of family planning surgery after the holiday according to the unified provisions of the state. During the vacation, the wages of cadres and workers of the state and collective units will be paid as usual, and the rural members will record their work points, which will not affect the attendance reward. The holiday wages of temporary workers and contract workers after the operation are paid by the employer.

Ten, the implementation of ligation or induced abortion surgery, with the operation certificate, by the commercial sector to supply nutrients, rural members by the production team or commune food management department to properly adjust flour and rice. Cadres and workers with difficulties in life shall be given nutritional subsidies from welfare funds as appropriate by their units during hospitalization; Rural members can give necessary nutritional care from the public welfare fund. There are special circumstances during hospitalization.

Need to take care of, with the approval of the unit leader, can send someone or let relatives take care of (generally not more than a week), according to the general holidays. Different effective birth control measures should be taken according to individual needs. For couples who have only one child, after voluntary sterilization, if they want to have another child because of the death of the child, they will undergo anastomosis surgery free of charge. Appraised by the family planning technical guidance group at or above the county level, the condition is really complicated due to family planning operation.

The cost of treatment is the same as birth control surgery. In the course of treatment, employees are paid and members' work points are recorded. Sick leave of employees shall be treated as public holidays within one year, and shall be treated as labor insurance regulations for more than one year. For rural members who have difficulties in life, collective care should be given priority to, supplemented by state social relief. Because of birth control surgery accident and lose the ability to work, by the unit according to the work-related injuries.

So, deal with it. Units and individuals who have had 10,000 operations without accidents should be rewarded.

Do a good job in maternal and child health care, run nurseries and kindergartens well, protect the health of women and children, strive to have only one child, grow up healthily and promote the development of family planning.

These Provisions shall be implemented as of the date of promulgation. Where the relevant provisions formulated in the past are inconsistent with the spirit of these Provisions, these Provisions shall prevail. Before the promulgation of this Ordinance, the standard of one-child health care fee in the future shall be implemented in accordance with this Ordinance; Couples who are subject to economic sanctions may continue to implement the relevant provisions of the past provinces and cities.

2. 1982 The Provincial Family Planning Bureau has made "three rules" for taking care of the second child in urban and rural areas.

Among the "7 articles", there are 3 articles in cities, that is, those who are diagnosed as non-hereditary disabilities by hospitals at or above the county level and cannot grow into normal labor; Married for 8 years without pregnancy, diagnosed as infertility by a hospital at or above the county level, and pregnant after adopting a child; One of the remarried couples has only given birth to one child, and the other has never given birth. Seven rural areas, that is, in addition to the implementation of three cities, four more are added: there is only one only child of martyrs; A man who is married and settled in a family with a daughter and no children and has only one child (for example, there are several sisters in the family and only one person is taken care of); An only child who is married to an only child and has only one child; Only one of the three or more brothers has fertility conditions and one child, and the other brothers have lost fertility conditions. The birth interval is more than 4 years;

3, some rural family planning incentives to help the object

Confirmation caliber and policy explanation (Shandong Province)

First, some rural family planning families should meet the following four conditions at the same time:

1, my spouse and I are both in agricultural registered permanent residence or defined as rural resident accounts;

2. Born after1October 0933+65438+65438, and did not violate family planning laws or policies from 1973 to 200 1;

3, the birth of an existing child or two girls or children died childless;

4. At least 60 years old (this survey is 50 years old, that is, born between 1933 65438+ 10 1 95565438+10/);

Second, the description of the above basic situation

(1) About "I and my spouse are registered as agricultural registered permanent residence or defined as rural residents".

1, "rural hukou" refers to the type of hukou corresponding to "urban hukou" in areas where the household registration management system is reformed and "agricultural registered permanent residence" and "non-agricultural registered permanent residence" are abolished. The following three conditions should be met at the same time: ① I and my spouse are both agricultural registered permanent residence (the current household registration address is in the village Committee); (2) there are contracted responsibility fields, mainly engaged in agriculture, forestry, animal husbandry and fishery production; ③ Did not enjoy social security and welfare benefits for urban residents;

2. Widowed or divorced without a spouse, regardless of whether the household registration is agricultural registered permanent residence or a border resident.

Defined as rural household registration.

3. In the reform of the household registration system, those who change from "agricultural registered permanent residence" to "non-agricultural registered permanent residence" and from "rural residents" to "urban residents" are not included in the scope of reward and assistance.

(2) There was no violation of family planning laws or policies during the period from 1973 to 200 1.

1, reward and assistance scope 1933, 1, born after1,from 1973 when the family planning leading group of the State Council formulated the family planning policy of "late, less and less" to 200 1, 65438+February 29th.

2, define whether the husband and wife are in compliance with family planning laws, regulations and policies, according to the family planning laws, regulations or policy documents of Shandong Province at the time of their childbearing behavior.

3. If there are no regulations, rules or policy documents in Shandong Province to stipulate the number of births when childbearing occurs, the first regulations, rules or policy documents in Shandong Province shall prevail.

(3) About "one child or two girls or children died childless"

1. The "children" involved in the confirmation process include born children and adopted children.

2. Couples who have given birth to children (including existing children and children who died after giving birth) comply with the provisions of family planning laws, regulations or policy documents, and have given birth to one child or two girls or children who died childless.

3. Confirmation of "adopted children": Taking the Adoption Law of People's Republic of China (PRC), which came into effect on April 1992, as the boundary, children adopted or adopted before this date shall be regarded as legal adoption as long as they meet the family planning laws, regulations or policy documents formulated by the province at the time of adoption; After that, anyone who meets the adoption law is regarded as legal adoption, otherwise it is regarded as illegal adoption. The total number of existing children is calculated according to one or two children, or couples whose children die without children can be included in the scope of reward and assistance.

4. Both remarried couples have not violated family planning laws, regulations or policies. The number of children born before and after remarriage is calculated together, and only one child or two girls or couples whose children died and now have no children.

5, send others to adopt children, children alive, should be included in the existing number of children.

6. The object of reward and assistance does not include childless couples and legally adopted childless couples (nor does it include couples who adopt childless children).

7. Couples who have three or more children in line with the child care policy are not included in the scope of reward and assistance.

(4) About reaching 60 years old (50 years old in this survey)

The identification of the age of the reward and assistance object shall be based on the birth time of the ID card. If the ID card has never been applied, the birth time registered in the household registration book shall prevail. Its age is defined by an individual.

Three. additional remarks

1. If the marriage certificate and divorce certificate of a citizen who applies for reward and assistance are lost or damaged, it shall be verified by himself, three or more villagers' certificates and the villagers' committee; It is also possible for one party to apply for a replacement with the household registration book and ID card at the original marriage registration office or the marriage registration office where one party's permanent residence is located.

2. Before remarriage, if the marriage and childbearing situation is unknown, it shall be proved by more than 5 people in the village (neighborhood) committee where they live before remarriage, audited by the village (neighborhood) committee where they live now, and publicized by the people's government of a township (town). If the situation is true and qualified, it shall be taken as the basis for inclusion in the scope of reward and assistance.

3. Those who have no household registration certificate such as household registration book and have not reissued it will not be included in the scope of reward and assistance.

4.1If a second child is born after May 29th, 983, the interval between the two children should be more than 4 years.

5. Considering the particularity of pregnancy and childbearing behavior, within 10 month from the date of promulgation and implementation of various family planning laws, regulations or policy documents, as long as the number of births meets the requirements of family planning laws, regulations or policy documents at that time, it will not be treated as violating the birth policy.

6. Those who have not reached the legal age of marriage at the time of childbirth are not included in the scope of reward and assistance. 1 65438, The Marriage Law promulgated and implemented in May, 1950 stipulates that the legal age of marriage for men is 20 years old and that for women is 18 years old. Marriage and childbirth before 1 950 may1shall be defined in accordance with the provisions of the Marriage Law 1950. 198 1 year 1 month 1 year promulgated and implemented the marriage law, stipulating that the legal age for marriage is 22 for men and 20 for women.

Attachment 1:

The national 1973 fertility policy stipulates that

197365438+February1kloc-0/-27, the the State Council family planning leading group office held a national family planning report meeting in Beijing. The meeting was presided over by Li Xiuzhen, director of the State Council Family Planning Leading Group Office. Li Xiannian, Vice Premier of the State Council, members of the State Council Business Group and the head of the State Council Family Planning Leading Group attended the meeting and met with the delegates.

The meeting put forward the family planning policy of "late, less and less". "Late" means that men get married after 25 years old, women get married after 23 years old, and women give birth after 24 years old; "Rare" is

Refers to the birth interval of more than 3 years; "Less" means that a couple has no more than two children.

Annex 2

Shandong province's birth policy stipulates that

1 October 25th,1,1964 165438, The Provisions on Advocating Family Planning of Shandong Provincial People's Government put forward for the first time in our province that all married couples should practice family planning, so that their children can have fewer children and receive better education. It is advisable for each couple to have two or three children, and it is better to have four to six years between births.

2.1973 On April 23rd, the Family Planning Leading Group of the Provincial Revolutionary Committee made a document, advocating that every couple should have two children, with an interval of four or five years, so as to achieve family planning;

3. 1979, 13 On April 3, the Provincial Revolutionary Committee formulated the "Trial Provisions on Several Issues Concerning Family Planning", proposing that each couple should have the best number of children, with a maximum of two children, with a spacing of more than 4 years; Remarried couples who have more than two children should do a good job and no longer have children.

4, 65438+March 3 1, 0980 Provincial People's Government formulated the Trial Provisions on Several Issues of Family Planning in Shandong Province, requiring each couple to have only one child. For couples who have given birth to a child, unless the child is seriously ill or disabled, no more births will be arranged; Remarried couples, regardless of whether the man or the woman has a child, generally no longer arrange childbirth; Those who suffer from genetic diseases that seriously affect the normal physical and mental development of their offspring are not allowed to have children.

5. 1982 Provincial Family Planning Bureau has done "three articles" to take care of the second child in urban and rural areas.

Among the "7 articles", there are 3 articles in cities, that is, those who are diagnosed as non-hereditary disabilities by hospitals at or above the county level and cannot grow into normal labor; Married for 8 years without pregnancy, diagnosed as infertility by a hospital at or above the county level, and pregnant after adopting a child; One of the remarried couples has only given birth to one child, and the other has never given birth. Seven rural areas, that is, in addition to the implementation of three cities, four more are added: there is only one only child of martyrs; A man who is married and settled in a family with a daughter and no children and has only one child (for example, there are several sisters in the family and only one person is taken care of); An only child who is married to an only child and has only one child; Only one of the three or more brothers has fertility conditions and one child, and the other brothers have lost fertility conditions. The birth interval is more than 4 years;

6.65438+1August, 1983 16, the Provincial Overseas Chinese Affairs Office and the Provincial Family Planning Commission stipulated that overseas Chinese who have recently returned to settle in China are not allowed to have more than two children abroad; Both husband and wife are returned overseas Chinese, and only one child should be encouraged. Those who have been persuaded to have a second child and have returned to China for less than six years are allowed to have a second child.

7. 1984 14 In May, the Shandong Provincial Committee of the Communist Party of China made the "Interim Provisions on Giving birth to a Second Child", which developed the "seven articles" of reproductive health care into "16 articles", that is, (1).

State cadres, workers and urban residents who meet one of the following conditions may arrange to have a second child, or be allowed to have a second child: the only child marries the only daughter; The first child is diagnosed as non-hereditary disability by a hospital at or above the county level and cannot become a normal labor force; Not pregnant for 5 years after marriage, diagnosed as infertility by a hospital at or above the county level, and pregnant after adopting a child; One of the remarried couples has only one child, and the other is newly married or has never given birth; One of the remarried couples has two children, both of which are awarded to the original spouse according to law, and the other is newly married or childless; Both husband and wife had one child before remarriage, and they were awarded to their former spouses according to law, and there were no children around the newly formed family; One of the remarried couples is widowed and has two children, and the other is newly married or childless; Both husband and wife are ethnic minorities; One of the husband and wife has been engaged in underground work for miners for more than 5 years, only giving birth to a girl, and continues to work underground; Both husband and wife are returned overseas Chinese or compatriots from Taiwan, Hong Kong and Macao, and their children have settled abroad and have no children around them; Martyr's only child or disabled soldiers above Grade B; One of the husband and wife has a non-hereditary disability, or is disabled at work and only gives birth to one girl; (2) In addition to the above 1, in rural areas, anyone who meets one of the following conditions can arrange to have a second child in a planned way: the man settles in a family with a daughter and no children (if there are several sisters in the family, only one person is taken care of); Two generations of single transmission; Two or more brothers (including two) have only one child and only one child, and the other brothers have lost their reproductive conditions; There is only one girl who has been engaged in offshore fishing for a long time. If a second child is arranged, the interval should be more than 4 years.

8.1986 February 13, the Shandong provincial party Committee and the provincial government made the "detailed rules for the implementation of giving birth to a second child in rural only-daughter households", stipulating that the only-daughter mother must be at least 30 years old when giving birth to a second child.

9.1988 On July 20th, the fourth meeting of the Standing Committee of the Seventh Provincial People's Congress deliberated and passed the Regulations on Family Planning in Shandong Province, which stipulated the conditions for allowing the birth of a second child (see the Regulations on Family Planning in Shandong Province);

10,199610 On June 4th, the 24th meeting of the Standing Committee of the Eighth Provincial People's Congress deliberated and passed the Decision on Revision, which stipulated the conditions for allowing the birth of a second child (see the Regulations of Shandong Province on Family Planning);

11On September 28th, 2002, the 3rd1meeting of the Standing Committee of the Ninth Provincial People's Congress deliberated and passed the Regulations on Population and Family Planning in Shandong Province, which stipulated the conditions for allowing the birth of a second child (see the Regulations on Population and Family Planning in Shandong Province).