上海市人口与计划生育条例英文版

上海市人口与计划生育条例（英文版） 发布日期： 2006-06-13 [关闭窗口] Announcement of the Standing Committee of Shanghai Municipal People’s Congress No.33 The Regulations of Shanghai Municipality on Population and Family Planning, adopted at the 9th Session of the Standing Committee of the Twelfth Shanghai Municipal People’s Congress on December 31, 2003, is hereby promulgated and shall go into effective as of April 15, 2004. The Standing Committee of Shanghai Municipal People’s Congress December 31, 2003 Regulations of Shanghai Municipality on Population and Family Planning (Adopted at the 9th Session of the Standing Committee of the Twelfth Shanghai Municipal People’s Congress on December 31, 2003) Contents Chapter I General Provisions Chapter II Comprehensive Management of Population Chapter III Regulation of Reproduction Chapter IV Rewards and Social Security Chapter V Legal Liability Chapter VI Supplementary Provision Chapter I General Provisions Article 1 These Regulations are enacted, in accordance with Population and Family Planning Law of the People’s Republic of China and in light of the actual circumstances of the Municipality, with the aims of bringing about an overall, coordinated and sustainable development between population, economy, society, resources and environment, promoting family planning, protecting legal rights and interests of citizens, and enhancing welfare of families, prosperity of the nation and development of society. Article 2 These Regulations apply to the population and family planning programs within the Municipality’s administrative area. Administration of family planning programs for floating population shall observe relevant stipulations of the State and the Municipality. Article 3 The people’s governments at all levels shall strengthen management of population and family planning programs, and take comprehensive measures to control the size, raise the quality, improve the structure and promote rational distribution of population. The people’s governments at all levels shall enhance publicity and education, take advantage of scientific and technological progress, improve all-round services, and set up and perfect reward and social security system, to insure satisfactory population and family planning administration. Article 4 Population and family planning administrative department at the municipal level, by its statutory duty, is in charge of population and family planning programs within the Municipality’s administrative area. Population and family planning administrative departments at district and county level, by their respective statutory duty, are in charge of the population and family planning programs within their respective administrative areas. Public administrative departments of development and reform, public security, labor and social security, public health, civil affairs, statistics, and education, are in charge of relevant population and family planning administration within the limits of their respective functions and duties. People’s governments of townships and towns and sub-district offices are in charge of the administration of population and family planning programs within their respective administrative areas. Article 5 Public organizations including Trade Unions, Communist Youth Leagues, Women’s Federations, Family Planning Associations, Population Associations and such, and enterprises, institutions, privately-run non-enterprise units, and citizens shall assist the people’s governments in carrying out population and family planning programs. Neighborhood committees and villagers’ committees shall assist the people’s governments in carrying out population and family planning programs and shall be staffed with appropriate full- time or part-time personnel. Article 6 People’s governments at all levels shall list the funding for population and family planning programs into fiscal budgets, ensure adequate fund for population and family planning programs. Funding for population and family planning programs should be increased gradually along with national economic and social development. Article 7 Population and family planning programs shall be integrated into the Municipality’s socialistic spiritual culture construction as an important part. Article 8 People’s governments at all levels shall commend and reward organizations or individuals that have made outstanding achievements in and contributions to population and family planning programs. Government departments, public organizations, enterprises, institutions, privately-run non-enterprise units shall commend and reward individuals in their organizations who have made outstanding achievements in and contributions to population and family planning programs. Chapter II Comprehensive Management of Population Article 9 People’s governments at municipal, district and county levels shall, in accordance with the population development plans made by the people’s governments at the next higher level and in light of the actual circumstances in their own administrative areas, draw up medium and long-term plans and annual plans for population development, and incorporate them into the national economic and social development plans. Article 10 Administrative departments of population and family planning, statistics and such are in charge of conducting medium and long-term projections of population trends, including population size, birth, death, structure and migration, as a basis for developing population plans and making decisions on comprehensive population management. Article 11 People’s governments at municipal, district and county levels shall, in accordance with the medium and long-term plans for population development, develop implementation plans for population and family planning programs within their respective administrative areas and make arrangements for the implementation. Administrative departments of population and family planning at municipal, district and county levels are responsible for implementation of daily tasks in population and family planning plans. People’s governments at township and town level and sub-district offices are responsible for fulfillment of the population and family planning implementation plans. Article 12 The Municipal people’s government assigns the annual targets and duties for population and family planning programs to the district and county people’s governments, assesses and evaluates their implementation, and gives rewards or sanctions accordingly. The district and county people’s governments assign the annual targets and duties for the population and family planning programs to people’s governments at township and town level and sub-district offices, assess and evaluate their implementation and give rewards or sanctions accordingly. The people’s governments at all levels and sub-district offices shall fulfill relevant duties and achieve the annual targets for the population and family planning programs. Article 13 For those whose household registration places are inconsistent with their present residences, people’s governments of both places are responsible for family planning administration of them, with the people’s governments at the present residences taking major responsibility. Article 14 The Municipal people’s government shall make plans for the size of population development, regulate and control the total amount of the resident population based on the level of economic and social development and the bearing capacity of the resources and environment. People’s governments at municipal, district and county levels shall perfect the reproductive regulation policies, maintain a low fertility level, establish the regulation and control mechanism of flowing-in-and-out of resident population, and rationally control the mechanical growth of population. Article 15 People’s governments at municipal, district and county levels shall control population size in the central areas of the Municipality and promote rational distribution of urban and rural population while making and implementing urban planning. Specialized planning on industry, housing, transportation, science and technology, education, culture, public health, and labor and social security, developed and implemented by relevant administrative departments, shall be in accordance with regional population development programs. Article 16 Regulations and measures formulated and implemented by the Municipality on reproduction, migration and flowing-in-and-out of population shall be conducive to the optimization of age structure and alleviation of population ageing. Article 17 Administrative departments of public health at all levels shall improve maternal and child healthcare services, decrease infant mortality rate, reduce incidence of birth defects, and enhance health of the newborns. The Municipality advocates that citizens undergo premarital and maternal medical examinations. The Municipal people’s government shall formulate rules conducive to voluntary premarital and maternal medical examinations among citizens. Medical and healthcare institutions shall provide standard and quality services for clients in premarital and maternal medical examinations and keep confidentiality for them. Medical doctors and midwives shall strictly observe relevant operational procedures and prevent and reduce birth injury. Article 18 Administrative departments of population and family planning, public health, education, culture radio film and TV, press and publication, civil affairs, and public organizations shall cooperate with each other in conducting education and programs on reproductive health, advocating healthy lifestyles, enhancing self-healthcare awareness, and striving for prevention and treatment of AIDS and other diseases that affect reproductive health. Article 19 Gender identification of fetus and sex-selective pregnancy termination operation performed by any institution or individual for non-medical purposes are hereby prohibited. Article 20 Administrative departments of statistics, population and family planning, and public security, in accordance with their respective duties, shall conduct statistics, sampling surveys and special investigations among the Municipality’s household registration population and non-local household registration population that have resided in the Municipality for a certain period, and release the statistical and analytical data on a regular basis. Article 21 Administrative departments of population and family planning shall set up and improve population and family planning information system as required by the State and the Municipality. Population and family planning information system shall be incorporated into the municipal social security and citizen service information systems. Administrative departments of population and family planning, public security, public health, education, civil affairs, labor and social security, medical insurance and such shall provide population management-related data to each other through the Municipality’s social security and citizen service information systems, share population information and promote comprehensive exploitation and utilization of population information resources. Chapter III Regulation of Reproduction Article 22 Citizens have the right of reproduction and the obligation to practice family planning according to the law. Both husband and wife bear responsibility in practicing family planning, and they shall respect each other and discuss on an equal basis when making reproduction decisions. The legal rights and interests of citizens in practicing family planning are protected legally. Article 23 Citizens are encouraged to have late marriage and late childbearing. One child per couple is advocated. Those who meet the conditions specified by law and these Regulations may apply for another childbearing. Article 24 The first marriage of a man at or above 25 years old is regarded as late marriage. The first marriage of a woman at or above 23 years old is regarded as late marriage. The first childbearing of a married woman at or above 24 years old is regarded as late childbearing. Article 25 If neither party of a couple have had child before their marriage, the said couple may give birth to another child after the first one, providing they meet one of the following conditions: (1) Both the husband and wife are single child; (2) The first child is identified as disabled due to non-hereditary reasons by medical identification agencies of disabled child at municipal, district or county levels, and there is little possibility that the child will grow up into an individual with normal working ability; (3) One party of the couple is identified by proper agencies as disabled due to non-hereditary reasons, which affects work and makes him or her unable to take care of himself or herself in daily life; (4) One party of the couple is a handicapped soldier of Degree 2, Class B or above; (5) One party of the couple has been working in the fishing industry as a fisherman on the sea for over five consecutive years; (6) One party of the couple holds the Municipality’s rural household registration and either party is single child; (7) The wife holds the Municipality’s rural household registration and has no brothers but sisters who each have only one child, and the husband lives in the wife’s home to support the elderly. Where one party or both parties of a couple had children before marriage, the said couple may give birth to another child if they meet one of the following conditions: (1) One party of the couple had no child before marriage, and the other had one or two children before marriage; (2) Each party had a child before marriage, and both parties are single child; (3) Each party had a child before marriage, one of them holds the Municipality’s rural household registration, and either of them is single child; (4) Each party had a child before marriage, the child of one party of the couple is identified as disabled due to non-hereditary reasons by medical identification agencies of disabled child at municipal, district or county levels, and there is little possibility that the child will grow up into an individual with normal working ability. The Municipal people’s government shall further provide other conditions for having another childbearing due to special situations apart from conditions set out in Clause 1 and 2 of this Article. A person whose brothers and sisters are all deceased or who was adopted before the age of 14, and the foster parents have no other children, may be regarded as single child referred to in this Article. Article 26 Where neither party of the couple had child before marriage, and one of them is diagnosed to be infertile after marriage by the Municipality’s hospitals of second class level or above, but the wife becomes pregnant after they legally adopted a child, the said couple may give birth to another child. Where a citizen of ethnic group immigrated from other provinces, autonomous regions or municipalities directly under the central government had obtained certificate for another childbearing from family planning administrations at or above county level in the original household registration place before immigrated into the Municipality, the said citizen may give birth to another child. Article 27 Where one party of the couple holds the Municipality’s household registration, and the other party holds household registration of other provinces, autonomous regions or municipalities directly under the administration of the central government, the said couple may select applicable provisions of these Regulations when applying for another childbearing. Article 28 The reproductive policy for the Municipality’s resident who is married to a resident of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan Region, or to a foreigner ,is executed in accordance with relevant provisions of the State. The reproductive policy for overseas Chinese, returned overseas Chinese and family members of overseas Chinese is executed with relevant provisions of the State. Article 29 Couples who comply with stipulations in Article 25 and 26 of these Regulations, when applying for another childbearing, shall go through the following procedures: (1) They shall submit an application form for another childbearing to people’s governments at township or town level or sub-district offices at the wife’s household registration place, and present the materials set out in these Regulations. (2) People’s governments at township or town level or sub-district offices shall put forward the accepting and handling opinion within 7 workdays from the date of receiving the application form for another childbearing and all the materials required in these Regulations, and submit the accepting and handling opinion and all application materials to administrative departments of population and family planning at district or county level. (3) Administrative departments of population and family planning at district or county level shall finish the examination within 10 workdays from the date of receiving the accepting and handling opinion and all application materials submitted by people’s government at township or town level or sub-district office; issue an informing notification of approval for another childbearing to the applicant who meets the condition, and notify in written, with explanation, the applicants of their failure to meet the condition. A couple who select applicable provisions of these Regulations in line with the stipulation in Article 27 of these Regulations, when applying for another childbearing, shall file the application to people’s governments at township or town level or sub-district office of the Municipality where one party’s household registration is and go through the procedures set out in the preceding clause. Article 30 Anyone who applies for another childbearing in compliance with the conditions set out in these Regulations shall submit the following basic materials: (1) Identity certification; (2) Household registration certification; (3) Marital status certification; and (4) Declaration of status of existing child or children. Anyone who meets the following conditions shall present additional relevant certification: (1) Anyone who meets the conditions stipulated in Article 25, Clause 1, Item (2) and (3) and Clause 2, Item (4), and Article 26, Clause 1 of these Regulations shall present identification materials or diagnosis certification of departments concerned. (2) Anyone who meets the conditions stipulated in Article 25, Clause 1, Item (4) of these Regulations shall present the “Certificate of Handicapped Revolutionary Soldier”. (3) Anyone who meets the conditions stipulated in Article 25, Clause 1, Item (5) of these Regulations shall present relevant certification of being engaged in going fishing on the sea issued by the villager’s ( neighborhood ) committee. (4) Anyone who meets the conditions stipulated in Article 25, Clause 4 and Article 26, Clause 1 of these Regulations shall present the adoption certification. (5) Anyone who meets the conditions stipulated in Article 26, Clause 2 of these Regulations shall present certification issued by administrative departments of family planning at or above county level. Article 31 Administrative department of population and family planning at municipal level shall release information about population birth projection to the public in accordance with the changing trend of population birth in the Municipality. Citizens may choose appropriate time and interval of childbearing based on information about population birth projection and in light of actual family conditions. Article 32 The Municipality sets up system of reporting birth and death of the newborns and the statistical system of pregnancy termination cases. Medical and healthcare institutions shall report information about birth and death of the newborn on a case by case basis and statistical information about pregnancy termination to local population and family planning administrative departments on a regular basis. Medical and healthcare institutions and population and family planning administrative departments shall keep confidentiality on the aforesaid case by case information. Chapter IV Rewards and Social Security Article 33 Citizens having late marriage are entitled to an additional 7-day leave for late marriage beside the nuptial leave set by the State. Women having late childbearing in accordance with the provisions set out in these Regulations are entitled to an additional 30-day maternal leave for late childbearing beside the maternal leave set by the State, and their husbands are entitled to a 3-day late childbearing nursing leave. The economic benefits in late marriage leave are the same as that of nuptial leave. The economic benefits in late childbearing leave and late childbearing nursing leave are the same as that of maternal leave. Article 34 Citizens undergoing family planning surgical operations are entitled to the leave and benefits specified by the State. Article 35 Couples of reproductive age who practice family planning shall receive, free of charge, family planning technical services of basic items specified by the State. Article 36 Citizens voluntarily commit not to have another child after the first childbearing in accordance with law will be given an “Certificate of Honor for Single-child Parents” (hereinafter referred to as “Certificate of Honor”) by administrative departments of population and family planning at district or county level in accordance with relevant provisions of the State before their children reach 16 years old. Article 37 Citizens with “Certificate of Honor” are entitled to the following rewards: (1) Reward money for single child parents before the child is 16 years old; (2) In adjustment of land allotted for private use and arrangement for house site in rural areas, the single child shall be allocated land area equivalent to that of two children; and (3) Reward money for family planning in a lump sum at retirement. The Municipal people’s government shall provide the specific procedures for rewards in other regulations. Article 38 Citizens with “Certificate of Honor” who willingly give up the right of having another child or adopting a child when their single children die or disable due to accident before 16 years old, shall be granted allowance in a lump sum by people’s governments at district or county level in accordance with relevant provisions of the Municipal people’s government. Article 39 Women giving birth to children abiding by law enjoy childbearing insurance benefits prescribed by the State and the Municipality. Article 40 The people’s governments at all levels and all relevant departments shall consider interests of parents of single child as priority at establishing the security system and measures for the elderly. Article 41 Citizens giving birth to children abiding by law shall have part of the nursing fee and administrative fee for their children’s entering nursery or kindergarten reimbursed as prescribed by the Municipality. Chapter Ⅴ Legal Liability Article 42 Citizens giving birth to children in violation of the provisions set out in these Regulations shall pay social fostering fee in accordance with the “Procedures on the Administration of the Levy of Social Fostering Fee” enacted by the State Council and the relevant provisions of the Municipal people’s government. Article 43 Citizens who violate the provisions set out in these Regulations shall be penalized according to the following provisions in addition to the payment of social fostering fee: (1) The female citizen shall afford her own hospitalization and medical expenses for child delivery and will not enjoy childbirth insurance benefits or wage benefits during maternal leave; (2) If the citizen has a “Certificate of Honor”, he or she shall return the certificate. All benefits the citizen enjoys by virtue of the certificate will be terminated, and all benefits that the citizen has enjoyed in accordance with provisions set out in Article 37 of these Regulations shall be returned; (3) If the citizen is a State functionary, he or she shall be given administrative sanction according to law. If the citizen is not a State functionary, he or she shall be given disciplinary sanction by his affiliation; and (4) If the citizen is a peasant, he or she shall not have increased allotted land for private use and for house site during the adjustment of the land plot or house site allocation. Article 44 Any institution or individual that performs gender identification of fetus or sex-selective pregnancy termination for non-medical purpose shall be punished in accordance with relevant State laws and regulations. Article 45 The party concerned, if disagrees with the specific administrative act made by an administrative department, may apply for administrative reconsideration or bring an administrative lawsuit according to Law of the People’s Republic of China on Administrative Reconsideration or Administrative Litigation Law of the People’s Republic of China. Article 46 Any staff member of the administrative department of population and family planning or other relevant administrative departments who neglects his or her duties, abuses his or her powers, engages in malpractice for personal gains, shall be punished with disciplinary sanctions by the unit where he or she works or the competent authorities at a higher level; if the wrongful acts constitute crime, the wrongdoer shall be prosecuted for his or her criminal liability in accordance with law. Chapter Ⅵ Supplementary Provision Article 47 These Regulations shall come into effect as of April 15, 2004. The Regulations of Shanghai Municipality on Family Planning adopted at the 16th Session of the Standing Committee of the Ninth Shanghai Municipal People’s Congress on March 14, 1990 shall be repealed on the same date. Couples who got married before the implementation of these Regulations, and did not have a child or adopt a child after marriage are still entitled to rewards specified in the provisions in Article 27 of the Regulations of Shanghai Municipality on Family Planning.