In Dalian, Liaoning Province On Population And Family Planning Regulation Approach

Original Language Title: 大连市实施《辽宁省人口与计划生育条例》办法

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  Chapter I General provisions article Liaoning province, in order to implement the population and family planning regulations (hereinafter referred to as the regulations), combined with the city's actual, these measures are formulated.

Article in the administrative area of the city of State bodies, enterprises, institutions and other organizations, lived in the city, as well as household registration in the citizens of this city, shall comply with the Ordinance and these rules.  

Article city and County (City) district people's Government and municipal agencies with administrative functions led the Administration (management) of the population and family planning work in the region.

City and County (City) of district administrations responsible for the administration of health and family planning family planning work related to population and family planning.

The township (town) people's Government, the streets is responsible for family planning work in this area, carrying out the family planning laws and regulations and policy measures.

The fourth implementing target management responsibility system of family planning, city, and County (City) district level Government under the people's Government or its Agency (organ), cities and counties (cities) and districts administrative departments of public health and family planning to the next level health and family planning family planning administrative departments carry out supervision and examination.

Fifth article adhering to and perfecting the system of population and family planning leading group, Member of the leading group within the areas of responsibility, do the family planning work.

The sixth State organs, enterprises, institutions and other organizations to implement the legal representative or principal responsible person responsibility system of family planning work.

Other State bodies, enterprises, institutions, organizations and village (neighborhood) committees, according to the actual situation, the establishment of family planning agencies or the designated officer, completes the family planning work of the units, within their respective jurisdictions to implement family planning reward and preferential measures as provided herein, and to report to the Administrative Department of health and family planning units, this jurisdiction relating to family planning work.

Seventh to units and individuals who have made outstanding achievements in family planning work, meet the award criteria, may, in accordance with the relevant provisions shall be rewarded.

Encourage citizen oversight of family planning work, reporting of violations of the laws and regulations on family planning and confirmed, and by the informer household (household registration to other provinces and cities, by place of residence), County (City) district people's Government shall be rewarded.

Fertility regulation in chapter II article eighth couple are first-time delivery, you can plan pregnancies, pregnancy or after childbirth, holding a booklet, marriage certificates, identity cards, marriage certificates, after giving birth should take the birth of medical certificates and other materials, to spouses of domicile of the parents settled in village (neighborhood) Committee free of charge birth registration. Residence in the province, marital circumstances can take the form of individual statements.

Domicile is not the province, must provide the domicile of township (town) people's Governments or neighborhood offices issuing marriage certificates; issuing marriage proved difficult, and can take the form of individual statements. Nineth article couples only birth (containing adoption, with) a a children and meet following conditions one of of, by Xiang (town) Government or subdistrict offices approved, can birth second a children: (a) party for child of; (ii) both are for minority, and woman is rural residents of; (three) both are for rural residents, which party is national determine of population rare of minority of; (four) both are for island residents, and continuous in island live five years above of; (five) both are for rural residents, Which party disability, and disability degree equivalent to disability soldiers five level above standard of; (six) party for disability soldiers, and disability degree for five level above standard of; (seven) woman is rural residents, only a girl of; (eight) by city above family planning medical identification group identification, children for sick son or first tire twins (containing more cell tire) children are for sick son, and medical Shang think for again birth of; (nine) brothers only a people has birth capacity of; (ten) both are for rural residents,

Men and women without family settled in, and support of her parents, (11), remarried couples, one party has given birth to a child, the other party does not have children.

Tenth rule of the preceding paragraph, several women without family and sisters, only one person. X article meet following conditions one of of couples, by County (City) district health and family planning administrative sector approved, can again birth a children: (a) remarried party has birth two a children, and are for legal birth, another party not birth children of; (ii) party for child of remarried couples, both remarried Qian the birth a children of; (three) party for child of remarried couples, child party not birth children, another party has birth a children, both married Hou birth a children and family only the children of ; (Four) party widowed remarried, and both remarried Qian are has legal birth a children of; (five) couples for patient infertility not birth, law adoption a a children Hou pregnancy of; (six) legal birth children not over two a, its children has death of; (seven) remarried couples, party remarried Qian has birth a children, another party not birth, remarried Hou by approved again birth a children, the children by city above family planning medical identification group identification for sick son of; (eight) remarried couples, both remarried Qian their birth a children

, One of children identified by the medical group for municipal-level family planning for the sick and the disabled children brought up by the couple. 11th article meet again birth conditions but not again birth children of rural residents, into formed to town residents Hou, not enjoy town residents social security and welfare treatment of, continues to enjoy original rural residents of birth policy; has enjoy of, since enjoy of day up three years within can continues to enjoy rural residents of birth policy; for other reasons to town residents of, shall not again enjoy rural residents of birth policy.

But become urban residents has been approved before the date of birth and pregnancy, granted fertility.

Urban to rural dwellers, not to implement the relevant provisions of the rural inhabitant.

12th spouse household registration for the city, the other for foreigners or residents of Hong Kong, Macao and Taiwan, birth in the city, according to the Nineth and tenth of these measures, provisions of article 11th.

Foreigners or residents of Hong Kong, Macao and Taiwan, and has some of the children before his marriage, as well as the city's residents and foreigners or residents of Hong Kong, Macao and Taiwan after marriage of children abroad, is not to settle in the Mainland, not counting the number of children; but in the city to handle entrance procedures stay at home 18 months or two years, and should calculate the number of children. 13th article meet again birth conditions of couples requirements again birth of, can to newborn intends settled in of couples any party household location of Xiang (town) Government or subdistrict offices proposed again birth application, except provides booklet, and marriage certificate, and identity card, and marriage situation proved outside, also needed provides following meet again birth conditions of specific proved material: (a) meet child again birth provides of, provides child identity proved; (ii) meet rural residents again birth provides of, Provides location village Committee issued of belongs to collective organization members and not enjoy town residents social security and welfare treatment of proved; (three) meet Island residents again birth provides of, provides village (home) people Committee issued of continuous in island live five years above time of proved; (four) meet rural residents disability degree equivalent to disability soldiers five level above standard again birth conditions of, provides disability degree of proved; (five) meet disability soldiers disability degree for five level above standard again birth conditions of,

Provides disability soldiers proved; (six) meet birth sick son again birth children conditions of, provides city above family planning medical identification Group issued of sick son medical identification book; (seven) meet brothers only a people has birth capacity again birth conditions of, provides brothers or spouse no birth capacity of medical proved and on cannot birth of couples give helped and maintenance of agreement; (eight) meet male to has female no son of family married settled in again birth conditions of, provides village Committee issued of live proved and related agreement;

(Nine) meet remarried couples again birth conditions of, provides divorce card and divorce agreement or divorce civil mediation (judgment) book; (ten) meet for patient infertility adoption a a children Hou pregnancy again birth conditions of, provides adoption card and with infertility of diagnosis or medical check, and treatment related proved; (11) meet legal birth of children not over two a, its children has death case or widowed remarried again birth conditions of, provides police organ or medical institutions issued of death proved;

(12) meet rural residents into formed to town residents Hou, not enjoy town residents social security and welfare treatment or has enjoy but not full three years again birth conditions of, provides village (home) people Committee issued of related proved; (13) party for foreigners or Hong Kong, and o, and Taiwan residents of, provides Passport or Hong Kong, and o, and Taiwan compatriots home card, has legal effectiveness of identity proved and marriage, and birth children situation of about proved.

The 14th Township (town) people's Government audit or sub-district offices of reproductive materials, application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th once told corrections; materials are complete and in compliance with the statutory form, be admissible. Belonging to the Nineth provided these measures, should be made within 15 working days whether to approve the decision, and shall inform the applicant shall not be approved, reasons shall be given.

Belong to the tenth under the circumstance of these measures, audit comments shall, within 15 working days, and County (City) district health and family planning administrative departments.

The County (City) area of health and family planning administrative departments shall within 15 working days from the date of the receipt of an audit opinion, make a decision on whether to approve, and shall inform the applicant shall not be approved, reasons shall be given.

15th article implemented family planning of couples free enjoy following service: (a) received pill with; (ii) pregnancy love and Palace within birth control device check; (three) placed or out Palace within birth control device; (four) purposes tubal ligation, and vas deferens ligation, and skin Xia buried plant contraceptive agent and abortion operation, and medium-term pregnancy induction operation; (five) family planning surgery complications of diagnosis and treatment; (six) and third items to fifth items about of general medical check; (seven) national provides of other project.

Requirements for the provision of the preceding paragraph, participation in birth insurance, basic medical insurance, paid by the maternity insurance, basic medical insurance fund without participation of maternity insurance, basic medical insurance, included in the budget.

Chapter rewards and social security the 16th article of the city gradually improving benefit-oriented mechanism of family planning, in terms of protection, assistance and support, pension, increasing assistance to families practicing family planning in particular, family planning a special family.

In defining urban and rural minimum living standard security object, shall enjoy the special assistance for family planning gold, encouragement and assist gold regardless of family income.

17th men 25 years of age, women under 23 years of age at first marriage for marriage, married women over the age of 23 after the birth of the first child of pregnancy for females. Workers later marriage, marriage in statutory leave based on the 7th, one partner reached the age of marriage, enjoying; for females, increased to 60 days of maternity leave, men care leave on 15th and leave statutory holidays and weekends.

Leave salary and benefits unchanged.

Couples who have a second child eligible for statutory maternity enjoy the treatment provided for in the preceding paragraph.

Rural residents ' late marriages and late childbearing, and should be given appropriate treatment.

18th in line with policies of the couple, in front of a planned pregnancy, can enjoy free in designated service pre-pregnancy health check service.

19th voluntary one-child couples can apply for a one-child parents honor card.

For one-child parents honor card should be holding a booklet, marriage, identity cards, marriage certificates and other related materials, to spouses domicile of township (town) people's Governments or neighborhood offices to handle. 20th article made child parents glory card of town residents, enjoy following treatment: (a) from made child parents glory card of months up to children 18 age check, monthly to child parents not below ten Yuan award fee or one-time Award 2000 Yuan; (ii) children kindergarten fee, and medical, by its where units according to about provides be subsidies; (three) workers retired (for disease ahead of retired of male full 50 age, and female full 45 age) Hou, By their work units sent to 2000 Yuan to ten Yuan a month or one-time payments.

No work units after male over the age of 60, women over the age of 55, by the local government pays a subsidy according to unit personnel.

Former one-child parents an incentive fee provided for in the first paragraph, a work unit, the unit made by the husband to 50%; no work unit or the death of a party, paid by the other party; no work units of both, the local financial payment.

21st article made child parents glory card of rural residents, enjoy following treatment: (a) from made child parents glory card of months up to children 18 age check, monthly to child parents not below ten Yuan award fee or one-time Award 2000 Yuan, by local financial paid; (ii) in children nursery, and entrance, and medical, and employment, and army, aspects give care; (three) priority as family economic development of focus support object, in funds, and technology, and training and information service, aspects give care;

(D) after the old age, or disability, care is given by the local people's Government. 22nd article made child parents glory card of couples, its child death or accident lost labor capacity Hou, no longer birth children of, enjoy following treatment: (a) belongs to national organ institutions workers of, retired Hou by its where units according to I basic wage of full to pension, has by other provides enjoy full pension of, monthly increased ten Yuan; (ii) belongs to enterprise workers of, retired Hou by its where units one-time to not below 3,000 yuan subventions; (three) male full 60 age, and

Women 55 years of age do not belong to the first paragraph, the second requirement of the urban population, by County (City) district people's Government issued no less than 3,000 yuan subsidy.

Child deaths after retirement, from the death of next month enjoy the treatment provided for in the preceding paragraph, in accordance with the approach the 20th article provided for under the one-child parents ' retirement allowance, make up the difference.

Couples who did not bear children for life, you can enjoy the treatment provided for in the first paragraph of this article.

23rd rural residents born after January 1, 1933, no acts that violate the family planning policy, the existing one child, or two girls, after 60 years of age, by the city and County (City) budget earmarked special funds for the reward of not less than 960 Yuan per person per year to help.

After the system of rural residents into urban residents, did not enjoy the benefits of social security and welfare of urban residents before and enjoy the rural inhabitant policies during the transition, continue to enjoy the rural family planning reward policy.

24th article made child parents glory card of couples, its child death, no longer birth children of, woman years full 49 age Shi, can respectively received one-time comfort Gold 5,000 yuan, give couples per person monthly helped gold 400 Yuan, gift to hospital nursing subsidies insurance, premium standard for per person annual 150 Yuan, for disease hospital can get daily 150 yuan of nurse subsidies, annual up can enjoy 90 days.

Made one-child parents honor certificate for the couple, their child more than three levels of disability (with three levels), no more children, the woman after 49 years of age, 300 yuan per person per month for couples to help gold, gifts to the hospital care subsidized insurance, premium standard for 150 yuan per person per year, is ill in hospital could get 150 yuan a day care subsidy, up to 90 days per year.

Couples who made one-child parents honor certificate, its one-child death or injury, reproductive ability and willingness to provide reproductive counseling, free pregnancy check, remove intrauterine devices and other services on child mortality at home to bear, to a one-time assistance payment of 5,000 yuan.

Requirements for the provisions of this article by the city and county level financial commitment.

25th-child-child death, disability, death of parents, from basic funeral costs. 26th article of the city in accordance with economic and social developments and constantly improve family planning funding level, establish a sound rural family planning reward assistance and families special help standard dynamic adjustment mechanism of family planning.

In each County (City) district people's Government shall guarantee the necessary funding for family planning. Set up special funds for family planning family-child disability death difficult to salvage. Municipal and County Government allocated special funds, mainly for family planning-child disability death accident emergency rescue to help resolve difficulties in production and daily life.

Specific measures for implementation by the municipal public health and family planning administrative departments developed jointly with the municipal finance department.

Article 27th one-child parents honor certificate for couples, in line with the reproductive condition of birth, stop and enjoy the one-child parents incentive fees, as well as appropriate treatment has been received without return.

28th article workers purposes family planning surgery, enjoy following treatment: (a) placed Palace within birth control device of, vacation 3rd, 7th within not arrangements heavy manual, maternity leave during placed of, maternity leave extended; (ii) placed skin Xia buried plant contraceptive agent of, vacation 5th, maternity leave during placed of, maternity leave extended; (three) out Palace within birth control device of, vacation 2nd, out skin Xia buried plant contraceptive agent of, vacation 5th; (four) purposes tubal ligation operation of, vacation 21st, maternity leave during ligation of, maternity leave extended;

(E) the purpose of vasectomy, vacation, 10th; (vi) of abortion, miscarriage in under four months of age, leave 15th over four months of abortion, leave 42 days; (g) the approved purposes of tubal, vacations on 21st, execution of complex treatment of vas deferens, leave on 15th.

Above holidays include holidays and weekends, and purposes of two or more operations at the same time, holidays are calculated, leave salary and benefits unchanged.

Fourth 29th chapter of family planning technical services to establish comprehensive family planning technical service institutions and engaged in medical, health family planning technical service institutions (hereinafter referred to as engaged in family planning technical service institutions) consisting of family planning technical service networks.

Family planning technical service institutions are non-profit public institutions, their funds by the financial guarantee.

30th article engaged in family planning technology service of institutions and family planning technology service personnel, should to accept married Qian check, and contraceptive and birth control surgery of personnel provides reproductive health education prescription and health education advisory, guide childbearing age couples according to itself situation, select security, and effective, and suitable of contraceptive method, and established, and sound contraceptive birth control operation Qian informed select agreed book system and operation Hou follow-up system, guarantees childbearing age couples of reproductive health and on contraceptive method of informed select right. 31st disabled children medical evaluation by health and family planning administrative departments, City medical group for family planning.

Disabled children medical evaluation organization conducted one to two times a year, special temporary organization. Medical disability for disabled children the parents domicile village (neighborhood) submitted a written application, as well as information on the history of the Commission.

(C) report of the Committee of township (town) people's Governments or neighborhood offices audited.

The township (town) people's Governments or neighborhood offices shall, within 20 working days from the date of receipt of application materials submitted an audit opinion, County (City) district health and family planning administrative departments; the County (City) district health and family planning administrative departments shall, within 20 working days to review comments and 30 working days prior to the identification of all material submitted to the municipal health and family planning administrative departments.

32nd family planning complications three-level personnel, incorporating family planning system of special assistance, support standards determined according to the level of complication.

33rd contraceptive retail market management and supervision, in accordance with the relevant provisions of the State. 34th fifth chapter legal liability in violation of these rules to have children, according to found the reproductive behavior of the levy is imposed by the standard social compensation fee. Belongs to town residents of, to where City last year town (resident) residents per capita can dominated income for meter levy standard; belongs to rural residents of, to where County last year rural residents per capita net income (rural resident residents per capita can dominated income) for meter levy standard, specific levy standard according to following provides implementation: (a) not meet statutory again birth conditions more birth a children of, according to meter levy standard five times times above 10 times times following standard levy, not meet statutory again birth conditions more birth II a children above of, To more birth a children should levy of social raised fee for standard, according to more birth children number double levy social raised fee; (ii) over statutory birth children number again adoption of, mutatis mutandis first items provides of standard levy; (three) not law established couples relationship birth, has full marriage, but in provides of term within not perform marriage registration procedures of, according to meter levy standard 1 time times to twice times levy, not full marriage of, according to meter levy standard three times times to four times times levy; (four) has spouse who and others non-married birth of,

Are considered to be not eligible for statutory maternity, according to exceed the statutory number of children having children, by women and men respectively, and in accordance with the criteria set out in the first, collection of social maintenance fees, respectively.

Domicile of both spouses are in the province, one for urban residents and rural residents or rural residents but registered permanent residence is not in the same counties (cities), standards of social compensation fee levied, in accordance with the high side of the levy is imposed by the standard.

35th social compensation fee levied in accordance with the following permissions: one or both of the spouses, household, their parents settled in the city of birth policy violation, to be settled in counties (cities) is imposed by the Administrative Department of health and family planning. Both non-residence in this city, reproductive behaviour in this city, residence, or by the first discovered, by now living in counties (cities) is imposed by the Administrative Department of health and family planning.

Domicile is imposed by law, current place of residence is no longer imposed.

Article 36th persons pay social maintenance fee shall be from the date of receipt of the written decision on the collection of social maintenance fees paid within the 30th social maintenance fee.

Pay social maintenance fee, shall take the written decision on the collection of social maintenance fees to designated financial institutions to pay, the financial institution shall, within the 3rd social maintenance fee will be charged to pay counties (cities) and districts the State Treasury. 37th persons pay social maintenance fees to the County (City) district health and family planning administrative departments of social support is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

If no application for reconsideration or, nor complied with the decision not to prosecute, from the date of default of payment plus social maintenance fee arrears to 2 per thousand per month late fee, still not paid, the health and family planning administrative departments by decision apply to the people's Court for compulsory execution.

The 38th article does not meet the requirements of target management responsibility system of family planning units, by its competent authorities or at a higher level people's Governments shall give notice of criticism, when not as civilized unit, advanced units and other honorary titles, on the persons who by their work units to withhold their bonus that year, directly responsible for officer in charge of personnel management and other persons in accordance with the permissions to administrative sanctions. Sixth chapter supplementary articles article 39th child mentioned in these measures refers to the only surviving children of couples, that is without half of his mother, half-brother, half-sister of brothers and sisters, or have any brothers or sisters but without brothers and sisters died before having children.

Following case also can considered child: (a) by social welfare institutions raised adult and no brothers sisters of; (ii) couples only birth a children, the children and the couples law adoption of find not to health parents and brothers sisters of foundling and children; (three) only birth a children of couples divorced Hou, the children by court judgment or agreement by party raised and long-term common life, and raised party not again birth of (which determine not raised the children party remarried Hou birth children of except).

40th rural residents in these measures refers to account before the reform of household registration system for agricultural, household registration in villagers ' committees in rural areas and are members of the rural collective economic organizations, residence for rural persons do not enjoy the benefits of social security and welfare of urban residents.

41st article this referred to men and to women without family settled in, refers to her parents as rural residents, the man and the woman's parents live in the same village committees and to the woman and parent account's local area.

42nd medical certificate mentioned in these measures refers to municipal hospital medical institutions, above the human assisted reproductive technology, or medical certificate of diagnosis or medical examinations, treatment-related certificates. 43rd these measures come into force on August 18, 2015. On January 1, 2007, Dalian City, Dalian City people's Government announced the implementation measures (municipalities, 84th) repealed simultaneously.