(2065438+26th meeting of the Standing Committee of the 14th Beijing Municipal People's Congress on March 24th, 2006 "Decision on Revision")
catalogue
Chapter I General Provisions
Chapter II Population Planning and Management
Chapter III Birth Control
Chapter IV Awards and Social Security
Chapter V Technical Services for Family Planning
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated in order to implement the Population and Family Planning Law of the People's Republic of China and in light of the actual situation of this Municipality.
Article 2 The people's governments at all levels in this Municipality shall take comprehensive measures to control the population, improve the quality of the population and improve the population structure and distribution.
Article 3 The municipal and district people's governments shall lead the population and family planning work within their respective administrative areas. The municipal and district health and family planning administrative departments are responsible for family planning and population work related to family planning within their respective administrative areas. Other relevant departments of the municipal and district people's governments shall be responsible for the relevant population and family planning work within their respective responsibilities. Township people's governments and sub-district offices are responsible for the population and family planning work within their respective jurisdictions.
Article 4 Trade unions, Communist Youth League, women's federations, family planning associations and other social organizations, enterprises and institutions, other organizations and citizens shall assist the people's governments at all levels in this Municipality in carrying out population and family planning work. Villagers' committees and residents' committees shall do a good job in family planning according to law.
Article 5 The people's governments at all levels in this Municipality shall incorporate the population and family planning funds into the fiscal budget, gradually increase the investment in population and family planning funds, and ensure the development of population and family planning work. No unit or individual may withhold, deduct or misappropriate funds for population and family planning work.
Article 6 The people's governments at all levels in this Municipality or the administrative departments of health and family planning shall commend and reward the organs, enterprises and institutions, social organizations, other organizations and citizens who have made achievements in population and family planning work.
Chapter II Population Planning and Management
Article 7 The municipal and district people's governments 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 medium-and long-term population development plan of their respective administrative regions, and incorporate it into the national economic and social development plan.
Article 8 The municipal and district people's governments shall, according to the long-term planning of population development, formulate the implementation plan of population and family planning in their respective administrative areas and organize their implementation. The municipal and district health and family planning administrative departments are responsible for the daily work of the implementation plan of population and family planning within their respective administrative areas. Township people's governments and sub-district offices are responsible for the implementation of the population and family planning implementation plan within their respective jurisdictions.
Article 9 This Municipality shall establish and improve policies and systems that are conducive to the rational regulation and control of population size, population age structure and population distribution, so as to adapt the population situation to the level of economic and social development and the carrying capacity of resources and environment in this Municipality.
Article 10 The municipal and district people's governments shall establish and improve the comprehensive information system of population and family planning, be responsible for the collection and management of the comprehensive information of population and family planning, and carry out long-term and long-term predictions of population changes and development trends such as total population, population structure, birth and death of population, population migration, etc. The administrative departments of health and family planning, development and reform, public security, civil affairs, statistics, human resources and social security at all levels in this Municipality shall establish an information notification system to promote the comprehensive development and utilization of population information resources and realize the sharing of population information.
Eleventh population and family planning work to implement the target management responsibility system. The people's government at the next higher level shall assign the responsibility of population and family planning target management to the people's government at the next lower level every year, and assess, evaluate, reward and punish the implementation. Organs, enterprises and institutions, social organizations and other organizations shall do a good job in the family planning work of their own units and accept the guidance, supervision and inspection of the health and family planning administrative departments; Its legal representative or person in charge is the main person in charge of family planning work in this unit.
Twelfth public security departments shall, according to the requirements of population and family planning work, do a good job in the management of registered population and floating population. The civil affairs department shall cooperate with the administrative department of health and family planning to do a good job in the publicity and education of marriage registration; Incorporate family planning services and management into community services. The administrative department of human resources and social security shall formulate relevant employment and social security policies according to the needs of population and family planning work. The administrative department of agriculture shall support family planning families to develop their economy in rural economic policies. The administrative department of education shall guide schools to carry out population basic knowledge education, adolescent education and sexual health education among students in a planned way according to the characteristics of the educated. The administrative departments of science and technology, culture, press and publication, radio and television shall organize publicity and education on population and family planning. The mass media should carry out public welfare propaganda on population and family planning.
Article 13 Village (neighborhood) committees shall incorporate population and family planning work into village (neighborhood) rules and regulations, actively carry out publicity and education on population and family planning, implement self-education, self-management and self-service of family planning for village (neighborhood) people, and assist the health and family planning administrative departments and relevant departments to do a good job in family planning management and service.
Article 14 The family planning work of the floating population shall be managed by the people's government where the floating population is registered and the people's government at the current residence, with the current residence as the main place. The family planning work of the floating population shall be implemented in accordance with the Measures for the Administration of Family Planning Work of the Floating Population and the relevant provisions of this Municipality.
Chapter III Birth Control
Fifteenth citizens have the right to have children, but also have the obligation to carry out family planning according to law, and both husband and wife have equal responsibilities in carrying out family planning. The legitimate rights and interests of citizens in family planning are protected by law.
Article 16 Couples who are legally registered for marriage shall enjoy seven days' holiday in addition to the marriage leave prescribed by the state.
Seventeenth advocate a couple to have two children. If two children are born, the birth registration service system shall be implemented in accordance with the relevant provisions of the state.
In any of the following circumstances, both husband and wife may request to have another child:
(a) remarried couples have only one child before marriage, and have given birth to one child after marriage;
(two) remarried couples have more than two children before marriage, and they have not had children together after marriage;
(three) the husband and wife have two children at the same time, and one of them is identified as non-hereditary disability by the designated medical institution and cannot grow into a normal labor force.
If the children born jointly by remarried couples according to item (2) of paragraph 2 of this article are identified as non-hereditary disabilities by designated medical institutions and cannot grow into normal labor force, they may ask for another child.
Couples who want to have another child shall submit relevant materials to the township people's government and sub-district office where one party's household registration is located; After verification by the Township People's Government and the sub-district office, it shall be reported to the district health and family planning administrative department for confirmation. The submitted materials, procedures and time limits shall be formulated and promulgated by the municipal health and family planning administrative department.
Chapter IV Awards and Social Security
Article 18 Female employees of government organs, enterprises, institutions, social organizations and other organizations who give birth according to regulations shall enjoy maternity leave of 30 days and spouse paternity leave of 15 days as stipulated by the state. During the vacation of female employees and their spouses, organs, enterprises, institutions, social organizations and other organizations shall not reduce their wages, dismiss or terminate their labor or employment contracts.
With the consent of organs, enterprises, institutions, social organizations and other organizations, female employees can increase their holidays by one to three months.
Nineteenth couples who have obtained the "Glory Certificate of Only Child Parents" enjoy the following awards and preferential treatments:
(a) monthly bonus fee 10 yuan to the parents of the only child. The bonus fee will be paid from the month when the parents of the only child receive the Certificate of Honor until the one-child reaches the age of 18;
(two) children under the age of eighteen health care management fees and medical expenses, by the husband and wife work units in accordance with the relevant provisions of reimbursement;
(three) the only child parents, the woman over 55 years of age and the man over 60 years of age, each enjoy a one-time reward of not less than 1000 yuan;
(four) the rural endowment insurance system, the one-child parents endowment insurance should be given priority. The arrangement of rural homestead should give priority to the parents of the only child;
(5) Township people's governments and rural collective economic organizations shall support the one-child families to develop production. During the period when the state encourages a couple to have one child, the couple who give birth to twins or multiple children for the first time will not receive the honor certificate of the one-child parents, but will enjoy the rewards and preferential treatment other than those specified in Item (3) of the preceding paragraph with the certificate issued by the township people's government or sub-district office where the woman's household registration is located, but only enjoy the one-child reward once.
Article 20 If the only child is basically incapacitated or dies due to accidental disability, and his parents no longer give birth or adopt children, and if the woman reaches the age of 55 and the man reaches the age of 60, the District People's Government will give each person a one-time financial subsidy of not less than 5,000 yuan. sequence
Twenty-first people's governments at all levels and relevant departments in this Municipality shall formulate and improve the old-age security system and measures that are beneficial to the parents of the only child. Conditional towns and villages in this city can implement various forms of old-age security measures according to the principle of government guidance and farmers' voluntary participation.
Twenty-second people's governments at all levels in this Municipality shall give financial, technical and training support and preferential treatment to families practicing family planning in rural areas for economic development; In terms of poverty alleviation loans, poverty alleviation projects, work-for-work relief and social relief, priority is given to poor families who practice family planning.
Twenty-third District People's Government may, according to the actual situation in the region, formulate incentives and preferential policies conducive to the implementation of family planning.
Twenty-fourth the specific measures for the issuance of incentive fees and economic subsidies stipulated in these Regulations shall be formulated by the municipal health and family planning administrative department in conjunction with relevant departments.
Chapter V Technical Services for Family Planning
Twenty-fifth this city to establish pre-marital health care, maternal health care system, to prevent or reduce birth defects, improve the health level of babies born.
Article 26 The municipal and district people's governments 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.
Article 27 Institutions engaged in family planning technical services shall, within the scope of their respective functions and duties, provide premarital education and prenatal guidance to people of childbearing age, carry out pregnancy examination and follow-up services to married women of childbearing age, and undertake consultation, guidance and technical services in family planning and reproductive health care.
Article 28 The government provides contraceptives to married couples of childbearing age free of charge. Contraceptives are distributed by villagers' committees, residents' committees, organs, enterprises, institutions, social organizations, other organizations or family planning technical service institutions, and the administrative department of health and family planning shall strengthen supervision and management.
Twenty-ninth people's governments at all levels in this Municipality shall create conditions to ensure that citizens enjoy family planning technical services and ensure that citizens choose safe, effective and appropriate contraceptive measures in an informed manner.
Thirtieth couples of childbearing age who practice family planning enjoy free family planning technical services for basic projects stipulated by the state.
Article 31. Employees of government organs, enterprises, institutions, social organizations and other organizations who perform birth control operations are entitled to leave as stipulated by the state on the strength of the certificate from the medical unit, and the leave period is regarded as working hours; Rural residents are taken care of by rural collective economic organizations.
Article 32 Contraception and birth control operations shall ensure the safety of patients. Individual medical institutions shall not engage in family planning operations.
Thirty-third 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.
Chapter VI Legal Liability
Thirty-fourth acts in violation of these regulations, which have been stipulated by laws and regulations, shall be handled in accordance with the relevant provisions.
Thirty-fifth couples who have children in violation of the provisions of these regulations shall pay social support fees according to law. The specific measures for the collection of social support fees shall be formulated by the Municipal People's Government. Couples who enjoy the rewards and preferential treatment stipulated in Article 19 of these regulations shall stop their rewards and preferential treatment and recover the "Glory Certificate of Only Child Parents" if they have children again.
Thirty-sixth employees of organs, enterprises, institutions, social organizations and other organizations who give birth in violation of the provisions of these regulations shall be given administrative sanctions or disciplinary sanctions by their units; The hospitalization expenses and medical expenses for childbirth shall be taken care of by themselves, and their wages and benefits shall be suspended during maternity leave; Within three years, he shall not be rated as an advanced individual, shall not be promoted, and shall cancel a level modulation. Rural residents who give birth in violation of the provisions of these regulations shall be appropriately restricted when giving rural welfare benefits; Those who are appointed as cadres shall be dismissed.
Thirty-seventh of the organs, enterprises and institutions, social organizations and other organizations do not implement the provisions of this Ordinance family planning incentives and preferential policies, the parties can report to the health and family planning administrative departments; The administrative department of health and family planning shall supervise the implementation and support the parties to safeguard their legitimate rights and interests.
Chapter VII Supplementary Provisions
The thirty-eighth of this Ordinance since March 24, 2006.