(December 29, 2001, adopted at the 25th session of the Standing Committee of the ninth of December 27, 2015, the 12th session of the 18th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China on population and family planning law of the decision on amendments)
Directory
Chapter I General provisions
Chapter II development and implementation of population development programs
Chapter III, fertility regulation
The fourth chapter of rewards and social security
The fifth chapter of family planning technical services
The sixth chapter legal liability
The seventh chapter by-laws
Chapter I General provisions
First in order to achieve the population and economy, society, resources, Environment coordinated development, the implementation of family planning, safeguard the legitimate rights and interests of citizens, promote the well-being of families, national prosperity and social progress, according to the Constitution, this law is enacted.
The second China is a populous country, promotion of family planning is a basic State policy.
States to take comprehensive measures to control the population size and improve the population quality.
States depend on publicity and education, science and technology, comprehensive services, establish and improve the incentive and the social security system, population and family planning work.
Article III on population and family planning work, and increase women's access to education and employment opportunities, advancement of women, improving women's health, combined.
Article in the people's Governments at all levels and staff in the implementation of family planning work should be strictly by law, enforcement, shall not be violated the legitimate rights and interests of citizens.
Family planning administrative departments and their personnel performing official business according to law are protected by law.
Article fifth led the national population and family planning work under the State Council.
Local people's Governments at all levels of leadership within their respective administrative areas of population and family planning work.
The sixth family planning administrative departments under the State Council is responsible for the national family planning work and work related to population and family planning.
Local people's Governments at or above the county level administrations responsible for the administration of family planning family planning work and work related to population and family planning.
Relevant departments under the people's Governments at or above the county level within the scope of their respective duties, be responsible for population and family planning work.
Seventh labor unions, the Communist Youth League, women's Federation and the family planning association and other social organizations, enterprises, institutions and citizens should assist the Government in its population and family planning work.
The eighth State in population and family planning organizations and individuals who have made outstanding achievements in the work, shall be rewarded.
Chapter II development and implementation of population development programs
Nineth compiling population development plan of the State Council, and their integration into national economic and social development plan.
Local people's Governments at or above the county level, according to the national population and development planning and population level people's Government development planning, combined with the situation on the ground to prepare the population of the administrative development plan, and their integration into national economic and social development plan.
The tenth population development planning under the people's Governments at or above the county level shall develop implementation plan and organize the implementation of population and family planning.
People's Governments at or above the county level family planning administrative departments are responsible for the implementation of population and family planning programmes work.
Township, nationality township or town Governments and urban neighborhood offices shall be responsible for the areas of population and family planning work, and implement the population and family planning program.
11th implementing population and family planning programme should be provided to control the population, strengthening the maternal and infant health care, measures to improve the quality of the population.
12th villagers ' committees and residents ' Committee should be doing family planning work according to law.
State organs, armed forces, public organizations, enterprises and institutions shall do the family planning work.
13th family planning, education, science and technology, culture, public health, civil affairs, press and publishing, radio and television sectors should be organized on population and family planning publicity and education.
Mass media is vested with the social welfare of the population and family planning publicity obligations.
School students in order to meet the characteristics of a proper way to education, systematic health education, adolescence education or health education.
14th floating population's family planning program by the domicile and residence of people's Government jointly responsible for the management, current place of residence. The 15th State in accordance with national economic and social development of the gradually increasing population and the overall level of funding for family planning.
People's Governments at various levels shall guarantee the necessary financial resources for population and family planning work.
Governments at all levels should be in poor areas, ethnic minority areas focused on supporting the work of population and family planning.
State encourages social organizations, enterprises, institutions and individuals to contribute to the population and family planning work.
No unit or individual may intercept or withheld, misappropriated the population and family planning work.
The 16th State to encourage population and family planning scientific research and international exchange and cooperation in the field.
Chapter III, fertility regulation
17th citizen has the right to maternity, and shall have the duty to practise family planning, couples shared responsibility in family planning.
18th state advocates a husband and two children. Conditions in accordance with the law, regulations and arrangements may be required to bear their children.
Specific measures for the provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress or its provisions.
Minorities to introduce family planning, specific measures by the provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress or its provisions.
Domicile of both spouses of the provinces, autonomous regions and municipalities between the inconsistent provisions of the child, in accordance with the principles applied in favour of parties.
19th carry out family planning and contraception. The State creates conditions, guarantee citizens ' choice of safe, effective and appropriate measures of contraception.
Implementation of birth control birth control surgery should guarantee the safety of the recipient.
20th child-bearing couples to choose family planning contraceptive measures, prevention and reduction of unwanted pregnancies.
21st family planning couples of childbearing age have free access to the national basic items of family planning technical services.
Requirements for the provision of the preceding paragraph, in accordance with the relevant provisions included in the budgets of the State, or by the social insurance is guaranteed.
22nd prohibits discrimination, abuse, birth baby, infertility in women and women.
Prohibition of discrimination, abuse or abandonment of baby girls.
The fourth chapter of rewards and social security
23rd country couples who practise family planning, reward in accordance with regulations.
24th State to establish and improve the basic old-age insurance, basic medical insurance, maternity insurance and social welfare, the social security system, promote family planning.
Insurer holding insurance in favour of family planning projects encouraged by the State.
Places where conditions can be based on the principle of government guidance, farmers voluntarily, in the rural variety of form of old-age security approach.
25th in line with laws and regulations, couples who have children, can receive an award of extended maternity leave or other benefits.
26th women during pregnancy, childbirth and breastfeeding, in accordance with the relevant provisions of the State and enjoy special protection and can get assistance and compensation.
Citizens planning operation, enjoy the state-mandated holiday; local people's Governments may grant awards.
27th article in the national promotion of a husband and wife during the birth of a child, voluntary one-child couples for life, the national one-child parents honor certificate will be issued.
Access to the only-child parents honor certificate for couples, in accordance with national and provincial, autonomous region, or municipality directly under the relevant regulations, enjoy one-child parents reward.
Laws, regulations or rules to win a couple in the only-child parents honor certificate award by his unit in the implementation of the measures, the unit should be implemented.
Access to the only-child parents honor certificate for the couple, one-child accident, disability or death, in accordance with the provisions of access to help.
Advocacy in the country husband and wife during the birth of a child, encouragement and assist older persons in accordance with the provisions of access to family planning family, continue to enjoy the incentives helped.
28th local people's Governments at all levels to practice family planning in rural areas of domestic economic development, financial, technical, training support, concessions for poor families practising family planning, poverty alleviation loans, food-for-work, in poverty alleviation projects and social assistance gave preferential treatment.
29th incentives provided for in this chapter, provinces, autonomous regions, municipalities and larger municipal people's Congress and its Standing Committee or the people's Government according to the provisions of this law and other relevant laws, administrative regulations, combined with the local situation, formulate specific implementing measures.
The fifth chapter of family planning technical services
30th State shall establish premarital health care, maternal health care system to prevent or reduce birth defects and improve infant health.
The 31st people's Governments at various levels shall take measures to guarantee citizens ' access to family planning services, improve the reproductive health of the citizens.
32nd local people's Governments at all levels should be rational configuration and utilization of health resources, establish and improve the family planning technical service institutions and family planning technical service of medical family planning technical service networks, health care institutions, improving the facilities and conditions for technical services, improve the level of service.
33rd family planning technical service institutions and family planning technical service of medical or healthcare institutions shall, within their respective areas of responsibility, for the child-bearing population basic knowledge of population and family planning publicity and education, pregnancy checks and follow-up services to married women of childbearing age, the responsibility for family planning, reproductive health counselling, guidance and technical services.
34th should guide the citizens to practise family planning family planning technical service personnel select safe, effective and appropriate measures of contraception.
Couples who have children, advocates choose long-acting contraception.
State encourages family planning research, application and promotion of new technology and new devices.
35th prohibit the use of ultrasound technology and other techniques for non-medical needs of the sex of the fetus; no non-medical needs of the artificial termination of pregnancy for sex selection.
The sixth chapter legal liability
36th article violation this method provides, has following behavior one of of, by family planning administrative sector or health administrative sector according to terms ordered corrected, give warning, confiscated illegal proceeds; illegal proceeds 10,000 yuan above of, at illegal proceeds twice times above six times times following of fine; no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 10,000 yuan above 30,000 yuan following of fine; plot serious of, by original sent card organ revoked practice industry certificate; constitute crime of, law held criminal:
(A) illegal for others planning surgery;
(B) use of ultrasound technology and other technical means for others to engage in non-medical needs of the sex of the fetus or selective pregnancy termination;
(C) false medical identification, proof of family planning.
37th forging, altering, selling family planning certificates, the family planning administrative departments confiscated, illegal gains of more than 5,000 yuan, illegal income of up to 10 times more than twice times times fine; no illegal income or the illegal income is less than 5,000 yuan, 5,000 yuan and 20,000 yuan fine constitutes a crime, criminal responsibility shall be investigated according to law.
Obtained through improper means of proof of family planning, canceled its family planning by the family planning administrative departments proof certifying unit is at fault, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
Article 38th of family planning technical service in violation of or delay the rescue operation, treatment, causing serious consequences, in accordance with the relevant laws and administrative regulations shall bear the corresponding legal responsibility.
39th State organ staff in family planning work, any of the following acts constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law; has illegally obtained, confiscation illegal obtained:
(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) solicit or accept a bribe;
(D) the withholding or deduction, misappropriation of funds, corruption, family planning and social support;
(E) making false statements on or concealing, forged, tampered with or refuse to report statistical data on population and family planning.
40th in violation of the provisions of this law, does not perform the obligation of assisting the management of family planning by the relevant local people's Governments shall be ordered to correct and informed criticism; directly responsible and other persons directly responsible shall be given administrative sanctions.
41st of this law is not in conformity with article 18th child citizen, shall pay social maintenance fee.
Not pay shall be paid in full within the time limit set by the social compensation fee, from the date of default of payment, plus late fees in accordance with the relevant provisions of the State; still not paid, up to the levy family planning administrative departments shall apply to the people's Court for enforcement.
41st 42nd in accordance with this law stipulates that persons pay social maintenance fees, are agents of the State, shall be given an administrative sanction; others by their work units or organizations should be given disciplinary sanctions.
Article 43rd refuse or obstruct family planning administrative departments and their personnel performing official business according to law, criticized by family planning administrative departments of education and to stop activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
Article 44th of citizens, legal persons or other organizations believe that the Executive is in the process of implementation of the family planning management violations of their legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit.
The seventh chapter by-laws
45th population and family planning work of specific measures, family planning technical service of specific measures for the administration of collection management and social support measures, enacted by the State Council.
Article 46th PLA the specific measures for the implementation of this law, formulated by the Central Military Commission in accordance with this law. 47th article of the law shall come into force on September 1, 2002.
