Guangxi Zhuang Autonomous Region, Population And Family Planning Management

Original Language Title: 广西壮族自治区人口和计划生育管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399402.shtml

Guangxi Zhuang Autonomous Region, population and family planning management

    (February 24, 2014 consideration at the 12th session of the people's Government of Guangxi Zhuang Autonomous Region at the 26th Executive meeting February 26, 2014 102th Guangxi Zhuang Autonomous Region people's Government promulgated as of March 1, 2014) Chapter I General provisions

    First in order to achieve the population and economy, society, resources, Environment coordinated development, protecting the legitimate rights and interests of citizens, in accordance with the People's Republic of China on population and family planning law, the Guangxi Zhuang Autonomous Region, population and family planning regulations and the provisions of relevant laws and regulations, combined with this practice, these measures are formulated. The second autonomous region within the administrative area of State organs, public organizations, enterprises, institutions and other organizations, as well as household or citizen residing in this autonomous region within the administrative area shall comply with these measures.

    Otherwise provided for by laws and regulations, from its provisions.

    Article shall exercise leadership at all levels of population and family planning work in their respective administrative areas, the population and family planning work into economic and social development plan, organize and coordinate the relevant departments to population and family planning work in a comprehensive way, and the establishment of information management system for population and family planning.

    Article fourth higher people's Governments to lower level people's Governments, relevant departments of the people's Governments at all levels on the level to implement population and family planning work responsibility system of management by objectives, target management accountability assessment results should be the lower level people's Governments and the head of the Department concerned and its main achievements and important content, and as having rejected it based performance effectiveness.

    Chapter II administration of fertility regulation and population Article fifth rural villager autonomy of family planning, and carry out democratic management and democratic supervision. Villagers ' committees may establish village regulations for family planning, family planning agreement with couples of childbearing age, and on the implementation of policies, birth control, pregnancy checks, incentives and other information stipulated the rights and obligations of the parties. Establishment of territorial management, organization, residents of the city autonomy, community service, family planning management and service system. Property manager shall, within the scope of management relating to family planning. State organs, public organizations, enterprises, institutions and other organizations to implement the legal representative or principal responsible person responsibility system of family planning work.

    Units shall be responsible for the family planning work, with family planning staff, implementation of necessary funding and incentives.

    Article sixth of population and family planning information and statistics should be timely, accurate, relevant entities and persons may conceal, overstate, refusing or delaying to report, statistical information shall not be forged, tampered with.

Seventh under any of the following special circumstances, you can arrange to have a second child:

(A) spouses are rural residents, brothers had been married only one fertile; (B) married brothers, only one, the rest are over 45 years of age are not married. Provisions of the preceding paragraph of one of the brothers adopt a child, arrangements no longer give birth.

    Urban to rural dwellers, implementation of urban residents, such as maternity provisions.

Reproductive conditions prescribed by article in accordance with, any of the following circumstances, from discovery to bear within 3 years from the date of rejection:

(A) for more than 14 weeks of pregnancy does not provide medical care or family planning technical service institutions issued a natural miscarriage or accident proof of abortion termination of pregnancy;

(B) do not provide medical care or infant death certificates issued by the public security organs;

    (C) have received family planning service manual or two-child birth certificates, more than the medium-term (more than 14 weeks of gestation) non-medical needs surgical termination of pregnancy cannot provide proof of family planning administrative departments at the county level and for termination of pregnancy. Nineth married a free pregnancy tests should be carried out every six months.

    Pregnancy checks by the township (town) people's Governments and urban neighborhood offices responsible for implementation. Article tenth couples of childbearing age should conscientiously implement the contraceptive measures, family planning technical service guide, prevention and reduction of unwanted pregnancies. Does not meet the requirements of pregnancy shall be termination of pregnancy.

    Couples of reproductive age in accordance with the policy after childbirth shall conscientiously implement the long-term contraceptive measures.

    11th management of population and family planning programme carried out in accordance with the State and the autonomous communities, the township (town) people's Governments and urban neighborhood offices, village committees, neighborhood committees and employers get family planning services.

    12th domicile, now living in floating population of township (town) people's Government or urban neighborhood offices, as well as the employer, flows for more than 3 months should be women of childbearing age to establish family planning information card within 6 months, inflows for more than 6 months should be included in the resident population and family planning management of the floating population, good management of the floating population's family planning work. 13th adopter and adopted children must comply with the statutory requirements and procedures.

    County above home sector in handle China mainland citizens adoption registration Shi, should by adoption people often live to or household location County family planning administrative competent sector issued of adoption people birth status proved or no children proved, party can law handle adoption procedures; no adoption people often live to or household location County family planning administrative competent sector issued of adoption people birth status proved or no children proved of, home sector shall not for its handle adoption procedures.

    Chapter III technical services management 14th family planning technical service institutions and healthcare organizations involved in family planning technical service shall use family planning services manual and the introduction of family planning technical service provides free basic items of family planning technical services.

    Family planning technical service institutions and health-care institutions or community health services, pregnancy checks and follow-up service system should be established and archives, free basic project clearing and the establishment of family planning technical services reporting system.

    15th to apply for disabled children medical evaluation, in accordance with the relevant provisions of the State and the autonomous communities. 16th when pregnant women give birth in medical and health institutions shall provide family planning services Handbook, proof of second-child birth certificate or family planning.

    If you cannot provide these documents, is responsible for the delivery of medical and health institutions above the county level shall be made out by family planning administrative departments to provide the birth report card on violation of family planning policies, within 7 working days after delivery and inform family planning administrative departments above the county level.

    Fourth chapter of rewards and protection

Article 17th family planning workers when they retire, according to the following provisions of additional pension, additional pension shall not exceed my original salary after:

(A) the birth of a child, or a child legally adopted, and did not have children after marriage workers, 5% of additional pension upon retirement; (B) in accordance with conditions of bearing a second child, March 1, 2014, at 0 o'clock of the birth of a child no longer to have a second child after staff, additional pension at retirement 5% on March 1, 2014 0 o'clock before the birth of a child, second children in line with the provisions of condition no longer to have a second child workers, continue to enjoy the original treatment, or 10% of the additional pension at retirement.

    Introduction of old-age insurance system of social organizations, enterprises, institutions and other organizations, in accordance with the relevant provisions of the State and the autonomous communities.

18th having any of the following circumstances, not only child:

(A) twins or multiple births;

(B) parents after the birth of a child, adopt a child;

(C) parents are legally adopted a child after the birth of a child;

(Iv) the father or the mother to remarry before the birth of a child or adoption of a child, remarriage after the birth of a child or adoption of a child;

(E) the brothers and sisters, there after November 25, 1982 one, but only one person under 18 years of age of death;

    (F) total number of remarried couples original children two or more than two, and support education.

Article 19th rural couples to receive the one-child parents honor card and enjoy the following benefits:

(A) the priorities as a family focus of economic development to support objects, in terms of finance, technology, training, information and support;

(B) the Organization's labor export priorities;

(C) to adjust priorities when contracted land, House sites, when collective income is allocated by more than one allocation of shares;

(D) the implementation of the compulsory education, tuition, miscellaneous fees;

(E) to poor families, loans, food-for-work, poverty alleviation projects in poverty alleviation, employment, health care and social assistance gave preferential treatment;

    (Vi) other preferential treatment of local people's Governments.

Article 20th husband life only the birth of a child, and received one-child parents honor certificate from the recipients of the one-child parents honor certificate for that year up until the child reaches the age of 18, to child care costs 120 Yuan a year and paid in the following ways:

(A) spouses work in different units, paid by the respective unit 50%;

(B) the husband and wife both work in the same unit, paid by the unit;

(C) the couples had only one working unit, paid by the unit;

(D) both are absent from work units of the urban population, by domicile of township (town) people's Governments or city governments to pay;

(E) the spouses are rural dwellers, by domicile of township (town) people's Government paid;

    (F) both rural dwellers is no work units of the other urban residents, by domicile of township (town) people's Governments or city governments or paid proportionally. Article 21st-child accident, disability or death, and adoption of children whose parents are no longer, give one-off grants by the County Government.

    Specific standard prescribed by the people's Governments at the county level.

    22nd section below the county level family planning staff incentives, in accordance with the relevant provisions of the State.

    The fifth chapter legal liability

Article 23rd children illegal, the parties when violations were found, respectively a year on urban residents ' per capita disposable income multiples or per capita annual net income of rural residents the following collection of social maintenance fee:

(A) a children law, levied according to 3 times to 5 times;

(B) two children illegal, levied according to 5 times to 7 times;
(C) three children law, levied according to 7 times to 9 times;

(D) illegal to have a fourth child or more (the fourth), according to the standard taxation ratio and so on.

    Illegal adoption of children, out of wedlock, illegitimate births, the Parties following the regulation levying social maintenance fee. Article 24th social maintenance fees levied on base, district by District municipal statistical offices statistical data for the purpose of statutory base, counties (including County-level cities) in the Statistics Department under the same level of the official base of statistical data collection. Actual revenue is larger than the parties a year on the local urban residents ' per capita disposable income and per capita annual net income of rural residents, should be combined with the fertility of the illegal party plot and real income levels determine the levy base, according to the provisions of this article 23rd levied multiple social care charges. Social maintenance fees imposed by the County family planning is imposed by the competent administrative Department for a written decision, delegates of township (town) people's Government or urban neighborhood offices to collect payment.

    Social maintenance fees shall be issued by the financial Department of the autonomous region from the parties printed receipt of social support. 25th the Parties shall from the date of receipt of the written decision on the collection of social maintenance fee specified in the 30th place for the payment of a one-time payment of social support. Specified collection points after receiving the payment shall remit the Treasury on that day. Parties pay a one-off social maintenance fee there are real difficulties, shall from the date of receipt of the written decision on the collection of social maintenance fees within the 30th made in installments to a decision is imposed by authority a written application and provide the relevant supporting materials. Authority shall receive the levy decision made within 30th of the party's application to approve or disapprove the decisions made in installments, and notify the parties in writing.

    Phased payment period shall not exceed 1 year, first pay shall not be less than total social support 40%.

    Article 26th does not pay social maintenance fee within the prescribed period, from the date of default of payment the monthly charge late fees due to the payment of social allowance of 2 ‰.

    27th children illegal, the parties of children and their illegal may not enjoy collective distribution and benefits.

    28th article for illegal pregnancy provided places or concealment of birth babies for others, by family planning administrative departments at the county level up to 3000 Yuan and 10,000 yuan fine; are agents of the State, according to the cadre management authority be given administrative punishments, other disciplinary action by the unit or organization.

29th under any of the following acts, by the township (town) people's Governments and urban neighborhood offices or family planning administrative departments above the county level to criticism, criticism is still not correct, more than 500 by the County family planning administrative departments L000 Yuan the following fines:

(A) these measures are not in accordance with the provisions of the implementation of effective birth control measures, remedies or not to participate in the checks of contraception;

(B) obtaining, submitting a false invalid family planning certificate;

(C) concealing or fabricate a false birth or birth;

    (D) other falsifications associated with family planning certificate. 30th article violates this article 23rd social insurance provisions was a maintenance man, was selected as members of the villagers ' committees, the relevant departments at the county level or township (town) people's Government, in accordance with the organic law of the villagers ' committees and the relevant provisions of the relevant laws and regulations.

    State organs, public organizations, enterprises, institutions and other organizations illegal births or any other conduct violating family planning, according to the relevant regulations of administrative or disciplinary action.

31st under any of the following acts, the people's Governments at all levels shall be ordered to correct and informed criticism; directly in charge of personnel and other persons in accordance with the relevant provisions of administrative sanctions:

(A) law for citizens to practise family planning implementation of the award and concession;

(B) is not representative of legal person responsibility system of family planning work;

(C) does not fulfil the statutory public welfare population and family planning publicity obligations;

    (D) other acts not perform the obligation of assist in the management of family planning.

32nd national staff and handling collected pay social maintenance fees in family planning work, the persons concerned of any of the following acts, the relevant government departments are directly responsible for personnel and persons directly in charge of sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the infringement of citizens ' personal rights, property rights and other legitimate rights and interests;

(B) abuse of power, dereliction of duty and favoritism;

(C) the interception, corruption, misappropriation, withheld funding for family planning or social maintenance fees, fines;

(D) making false statements on or concealing, forged, tampered with or refuse to report statistics on population and family planning;

(E) used his position to extort and bribe;

(Vi) unjustified refusal to grant child proof issued by a social insurance or alimony law, social maintenance fee receipts;

    (VII) other illegal activities.

33rd under any of the following circumstances, its original award or processing occurs in the following provisions:

(A) husband and wife divorced or widowed, child care fees by the party organization responsible for raising children; the father or the mother remarries after the birth of a child, as well as the total number of remarried spouses of the original children of two, should cease to enjoy child care costs, while the one-child parents honor certificates returned to the issuing authority, have access to child care fee are no longer returned;

(B) illegal reproduction, divorced spouses, the sanction does not change, penalty, an unplanned birth or social maintenance fee has not been paid to continue to pay, both parties should negotiate the amount settled is widowed, the original penalty, an unplanned birth or social maintenance fee has not been paid half the part of delivery or collection;

(C) the deaths of only children under the age of 18 years of age, from the month of death to stop access to child care fees, used to enjoy child care costs are no longer returned; death of children illegal, subject to administrative sanctions by their parents because of violations to have unchanged, penalty, an unplanned birth or social maintenance fee has been part is not returned;

    (D) the husband and wife after the certificate of Honor recipients of the one-child parents, adoption of a child shall cease to benefit child care costs, while the one-child parents honor certificates returned to the issuing authority.

    The sixth chapter supplementary articles 34th article of the rules take effect on March 1, 2014. The Guangxi Zhuang Autonomous Region, released July 22, 2003 the Government of the 2nd population and family planning regulation repealed at the same time.