AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the Jilin Province

You are here:  AsianLII >> Databases >> Laws of the Jilin Province >> Regulations of Jilin Province on Population and Family Planning

[Database Search] [Name Search] [Noteup] [Help]


Regulations of Jilin Province on Population and Family Planning

(Adopted at the 32nd session of the standing committee

of the 9th people' s congress of Jilin Province on September 27th, 2002)

Chapteró˝General Provisions

Article 1. These Regulations are formulated for the purposes of realizing the coordinated development of population together with economy, society, carrying out family planning resources and environment, safeguarding citizens' legal rights and interests, in accordance with the Law of the People' s Republic of China on Population and Family Planning and the relevant laws, regulations, and in the light of the actual circumstances in this province.

Article 2. These Regulations shall apply to all the organizations, citizens within the administrative division of this province, and the citizens who have the domiciles in this province but have left the administrative division of this province.

Article 3. To develop the work of population and family planning should exercise the general management by propaganda, education, sci-tech progress, should establish and amplify the system of rewarding and social security, and should put integrated management into practice.

Article 4. The people' s governments at all levels and their working members should strictly administer by law in the work of population and family planning, civilizedly enforce the law, it shall be forbidden to infringe citizens' legal rights and interests.

That the administrative departments of family planning and their working members perform their official businesses according to law shall be protected by law.

Chapter ó˛ Organizing to Implement

Article 5. The people' s governments at the county level and upwards shall formulated the population expansion programs and implementing programs on population and family planning for their own administrative divisions, and shall organize to implement them, in accordance with the population expansion programs of the state and the superior people' s governments and in the light of the actual circumstances of their own divisions.

Article 6. The people' s governments at all levels and subdistrct offices shall exercise the management responsibility system of the objectives of population and family planning, it shall be charged by their chief leaders, and the completion circumstances of the responsibility system shall be the major content of assessing the achievements in the official careers of the leading cadres at all levels.

Article 7. The administrative departments of family planning of the people' s governments at the county level and upwards shall be responsible for the work of family planning and the population work related to family planning within their own administrative divisions.

The people' s governments at the township (town) level and subdistrct offices shall be responsible for the work of population and family planning within their own jurisdictional areas, and for carrying out the implementing programs of population and family planning. The people' s governments at the township (town) level and subdistrct offices should set up the working organs of population and family planning, and equip the full-time working members of family planning.

Article 8. The villagers' (neighborhood) committees and the community neighborhood committees shall be responsible for the work of population and family planning of their own populated areas. They shall be allocated the full-time (part-time) working staffs of family planning according to the work demand.

The leaders of villagers' (neighborhood) groups and the part-time working staffs of family planning allocated in villagers' groups shall be responsible for the work of population and family planning of their own groups.

Article 9. The legal representatives shall be responsible for the work of family planning of the workers staff in the units such as organs, groups, enterprises and institutions and etc.

As for those persons who have left their original units but still have been reserved their labor relations, their original units, the people' s governments at the township (town) level or subdistrct offices of the places of their domiciles shall be responsible jointly for the work of family planning of them, the original units shall play the primary role.

Article 10. The people' s governments at all levels and their administrative departments of family planning should report the statistical data of population and family planning to the leadership according to law, any units and individuals shall not be allowed to make false entries, hide the truth in making reports, forge or distort the statistical data of population and family planning.

Article 11. As for the persons of authorized sizes of institutions and engage in the work of family planning, their salaries should be all listed into financial budgets, and they should participate in the social insurance at the same time in accordance with relevant regulations.

The consideration of the full-time (part-time) working staffs of family planning of villagers' (neighborhood) committees and the community neighborhood committees shall not lower than 70% of that of the persons chiefly in charge of villagers, (neighborhood) committees and the community neighborhood committees; as for the part-time working staffs of family planning of villagers' groups, their allowances per year shall not lower than RMBúĄ300. Their considerations, allowances shall be listed into the financial budgets at the county level.

Chapteróˇ Integrated Management

Article 12. To implement the responsibility system of integrated management on population and family planning, the relevant departments should fulfil their own duties, and accept the examinations of the people' s governments at the same level.

Article 13. The administrative departments of family planning shall carry out the laws, regulations related to population and family planning; be responsible for implementing the daily work of the implementing programs on population and family planning; organize and develop the propaganda, education and technical service of population and family planning, be responsible for the training and contingent establishment of the working staffs of family planning; inspect and examine the execution circumstances about the responsibility systems of management by objectives and the responsibility systems of integrated management on population and family planning of their own administrative divisions entrusted by the people' s governments.

Article 14. The departments of development and planning shall study out the development programs on population, supervise and inspect the execution circumstances jointly with the administrative departments of family planning; and should allover arrange the basic construction items and fund plans for the undertaking of population and family planning.

Article 15. The financial departments shall be responsible for arranging the undertaking funds of family planning, safeguard the need of the development of the undertaking of population and family planning; guide, supervise and inspect the management and usage of the funds of family planning.

Article 16. The departments of public security shall assist the administrative departments of family planning to make good work of population verification; while going through the settle-down procedures for newborn babies and noticing someone having given birth to a baby against the stipulations of these regulations, they should timely inform the local people' s governments at township (town) level or subdistrct offices.

Article 17. The administrative departments of industry and commerce shall assist the administrative departments of family planning to make good work on family planning of individual industrial and commercial households; cooperate with the administrative departments of family planning to fulfil the handling measures to the individual industrial and commercial households who are in violation of the laws, regulations of family planning.

Article 18. The departments of labor and social security shall be responsible for fulfilling the policies and regulations of labor employment and social security, which are in favor of the work of family planning.

Article 19. The competent departments of construction shall assist the administrative departments of family planning to make good work of family planning of architectural working units.

Article 20. The civil administrative departments shall develop the work of marriage registrations according to law, and stop the illegal marriage; manage the work of social adoption according to law; give living allowances to the poor families implemented the family planning; and shall bring the work of population and family planning into the programs for the construction of the political power at the basic level.

Article 21. While the departments of agriculture draw up the development programs on agriculture and rural economics, the work of family planning in rural areas shall be brought into them, they shall formulate the effective measures in favor of developing the agriculture production of the families of family planning.

Article 22. The administrative departments of public health shall make good work of technical services and guide of family planning, quality supervisions and the training of technical staffs together with the administrative departments of family planning; guide the medical and health care establishments to develop technical services of family planning; and expand propaganda and technical services of the knowledge on birth, birth control, sterility and health care of reproduction according to the national regulations.

Article 23. The personal departments should make not to violate the laws, regulations of population and family planning as one of the assessing conditions of comprehensively recommending and rewarding to units and individuals.

Article 24. The education departments shall guide schools to develop education of physiological health, adolescency and sexology in a planned way, which should tally with the characteristics of those accept the education; organize the universities and colleges with good conditions to develop the activities of scientific research on population and family planning, and cultivate the special talents for the work of population and family planning.

Article 25. The statistical departments shall organize to carry out sample survey of population census and circumstances of annual population change, check, ratify, manage, and proclaim the statistical data of population, and shall analysis the statistical data of population.

Article 26. The departments of science and technology shall be responsible for bringing the scientific research and technical innovation in the field of population and family planning into the general plans for scientific research of their local places; and shall guide their work of transforming and extending the achievements in scientific research on family planning.

Article 27. The departments of nationality affairs shall educate and guide the masses of minority to carry out family planning, and shall comprehend, reflect the opinions, advice and demands related to the policy of family planning from the masses of minority.

Article 28. The departments of culture, broadcast, movie, TV, news and etc. should organize and carry out the propaganda and education of population and family planning; the common disseminators shall have the obligations of carrying out the social public welfare propaganda of population and family planning.

Article 29. The trade unions, the Communist Youth League, the Women' s Federations, Family Planning Associations and other social organizations shall assist the people' s governments to carry out the work of population and family planning.

Chapteró˘ Adjustment on Birth

Article 30. It is promoted that one couple only have one baby, late marriage and late childbirth shall be encouraged, early marriage and early childbirth, illegitimate childbirth shall be forbidden.

As for those women who are at the legal age of marriage and decide not to marry and without any children, they may give birth to a child by adopting the legal and medical assistant bearing technologies.

As for those whose first marriage being put off 3 years later according to legally marriageable age, they shall be regarded as late marriage; after both the couple getting to the age of late marriage, the first child bon in the family way shall be considered as late childbirth.

As for the couple being both not at the legal age of marriage or one of them is not at the legal age of marriage but giving birth in the family way, they shall be considered as early childbirth; those giving birth without going through the procedures of marriage registrations or those having spouse but cohabiting and giving birth with others shall be considered as illegitimacy.

Article 31. As for the couple who have a child, they may give birth again if they have one of the following circumstances:

(1)The first child is a handicapped child, and can not grow into a normal able-bodied person, while the couples are considered to give birth again by medically;

(2)Both sides of a couple are the only son and daughter;

(3)Both sides of a couple are ethnic minority of which the population is less than 10 million; and

(4)Any side of a couple once had barrenness appraised by medical establishments at the county level and upwards, and is pregnant again after adopting a baby.

Article 32. As for a couple who are both rural villagers or original working members but now engage in contractual operation in the places of farming, forestry, animal husbandry, side-line production and fishery and no longer draw salaries, if there is any of the following circumstances, they may give a birth again after having borne a child:

(1)The first child is a girl;

(2)One side of the couple is an only child;

(3)The husband' s side settles down at the family of the wife' s side and support the parents of the wife' s side;

(4)Blood brothers and sisters of one side of a couple have not any children, and no longer give birth again; and

(5)One side of a couple is wounded and disabled revolutionary armyman with merit of the II level of second class and upwards.

Article33. The couples of remarriage, who have any of the following circumstances, may give a birth again:

(1)Both sides of a couple are rural villagers or original working members but now engage in contractual operation in the places of farming, forestry, animal husbandry side-line production and fishery and no longer draw salaries, one side of the couple has not any children;

(2)One side of the couple is bereft of the spouse, the other side has not any children;

(3)One side of the couple divorces with not more than two children, the other side has not any children; and

(4)Each side of the couple has one child, one of the children is a handicapped child, and can not grow into a normal able-bodied person.

Article34. Citizens, who adopt children according to law, shall not effect them to give birth in accordance with these Regulations; those, who adopt children against the law, shall be considered as a bearing action of their own.

Article35. As for the couple are both rural villagers and transferred to be towners in the reform on domicile systems of small towns, they shall continue to abide by the policies of rebirth for rural villagers for four years.

Article36. A couple may choose any time to give birth for their first child. For the purpose of enjoying the relevant healthy protection service of reproduction, they should go to the places of the wife' s domicile or to the people' s governments at the township (town) level, where they conduct their marriage registration, or to subdistrct offices to get the Certificate of Healthy Protection on Reproduction with their relevant certificates before bearing.

Article37. As for the rural villagers applying for rebirth because their first children are handicapped, and as for those towners applying for rebirth, both sides of the couples should submit an application and issue the relevant identification documents, on which the people' s governments at the township (town) level which are the places of the couples' domiciles or the subdistrct offices shall write their comments and sign their names; examination and verification shall be given by the administrative departments of family planning of the people' s governments at the county and prefecture levels which are the places of the wife' s domicile, and the Certificate of Rebirth shall be issued to those tallying with these Regulations within 30 days; a written reply shall be given to those failing to tally with these Regulations.

Other persons who want to give rebirth besides those stipulated above, both sides of the couples should submit an application and issue the relevant identification documents on which the people' s governments at the township (town) level which are the places of the couples' domiciles or the subdistrct offices shall write their comments and sign their names; examination and verification shall be given by the administrative departments of family planning of the people' s governments at the county level which are the places of the wife' s domicile, and the Certificate of Rebirth shall be issued to those tallying with these Regulations within 30 days; a written reply shall be given to those failing to tally with these Regulations.

Those tallying with these Regulations of and applying for rebirth, they may be pregnant and bear only after getting the Certificate of Rebirth, expect for the circumstances tallying with the stipulations of Article 31, Section 4 of these Regulations.

Article38. Tallying with the stipulations of rebirth of these Regulations and after getting the Certificate of Rebirth, those rural villagers having transferred to be towners or their martial status having changed and no longer tallying with the conditions of rebirth, the Certificate of Rebirth shall become invalid as of the date of transferring and changing, except for those who have been pregnant.

Article39. As for those factual migrating persons formed upon marriage relationships, living in their present apartments over one year and want to give birth, they may apply for by themselves, the birth regulations of their present apartments shall be carried out and the relevant procedures shall be handled according to the certificates of the circumstances of marriage and childbirth issued by the places of their domiciles.

Chapteró§ Technical Services

Article 40. To establish the systems of pre-martial health protection, health protection in the period of pregnancy and lying-in, and the systems of birth defect testing and intervening to prevent or reduce birth-defect babies, improve the health conditions of birth babies.

Article 41. The departments of technical services on family planning at all levels and the medical, health protection organs engaging in technical services on family planning shall constitute the network of technical services on family planning; they shall develop the promotion and education of the elementary knowledge of family planning aimed at the crowd of child-bearing age, develop the work of inspecting the pregnant circumstances and offering the service on follow-up survey of the married women at the child-bearing age; and shall assume the consultation, instruction and technical services on family planning, health protection of reproduction.

Working members for technical services of family planning should guide citizens carried out family planning to choose the safe, effective and suitable measures of contraception and birth control.

Article 42. The couples at the child-bearing age should fulfil the measures of contraception and birth control consciously, and accept the technical instructions of family planning. As for the couples having babies, it shall be promoted to choose the long-acting contraception measures. To prevent and reduce unwilling pregnancies; as for the pregnant women unfitting for the conditions of rebirth stipulated in these Regulations, they should be given an operation to stop their pregnancies.

Article 43. The villagers' (neighborhood) committees should sign the responsibility books upon the technical services of child-bearing and birth control with the couples at child-bearing age and the married women of child-bearing age of floating population.

Article 44. The couples at child-bearing age, who have been carried out family planning, and have accepted the instructions of technical services of family planning, may enjoy free the technical services of pregnant inspections, the puts and gets of their intrauterine devices and related inspections, operations of terminating gestation artificially, ligation of oviduct (vasectomy) and that basic items stipulated by the state, the fees needed shall be paid according to the following stipulations:

(1)The financial departments at all levels shall establish the special funds to ensure the rural villagers;

(2)As for the working staffs of organs, groups, enterprises and institutions, if they participate in the social medical insurance, the fees shall be paid from the medical insurance premiums, if not, the fees shall be paid by their own units; and

(3)As for the persons in cities and towns beyond of the provisions of Section 2 of this Article, they shall be paid from the funds of the local undertaking of family planning.

Article 45. As for those complications caused by contraceptive operations, after confirming by the technical appraisement organs of family planning at the county level and upwards, the units performed the operations shall cure them timely, and also shall bear the hospitalization costs. During the period of curing, the patients shall be given salaries as usual; as for the patients who are rural villagers, the local people' s governments of the townships (towns) where their domiciles locate shall give them suitable allowances.

Article 46. It shall be strictly forbidden to conduct the determination of fetal sexes by making use of ultrasound technique and other technical measures for non-medical necessaries; and it shall be strictly forbidden to terminate pregnancies artificially for choosing a sex for non-medical necessaries.

As for those who are pregnant after getting the certificates of rebirth, but terminating their pregnancies by themselves without justifications and those reporting the death of their babies by themselves after giving birth and without conclusive evidences to prove the causes of death, the certificates of rebirth shall become invalid, and they shall not be issued the certificates again.

Article 47. As for the couples, who have accepted contraceptive operations, want to give birth again for some special reasons, if they tally with these Regulations after being examined by the administrative departments of family planning at the county level and upwards, they may accept an operation for regaining the capacities of child-bearing.

Chapteró÷ Reward and Social Security

Article 48. The working staff practising late marriage and late childbirth shall be given rewards or welfare treatments according to the following stipulations:

(1)As for the staff and workers of late marriage, 12 days shall be added to their wedding leave based on their Marriage Certificates;

(2)As for the female staff and workers of late childbirth, their maternity leave shall be added 30 days based on the Service Certificates of Health Protection of Childbirth, and the husband' s sides shall be given 7 days off for nursing leave;

(3)Rural villagers shall enjoy the preferential treatments stipulated by the local people' s governments at the township (town) level, based on their Marriage Certificates or Service Certificates of Health Protection of Childbirth; and

(4)As for the personnel stipulated beyond the provisions of the 3 sections of this article, they shall enjoy the preferential treatments stipulated by the local people' s governments based on the Marriage Certificates or Service Certificates of Health Protection of Childbirth.

As for the staff and workers of late marriage and late childbirth, during the period of enjoying their wedding leave, maternity leave and nursing leave, they shall be treated as they are on normal duties, their salaries and gainings shall be issued as usual, other welfare treatments shall not be changed.

Article 49. Citizens accepting the operations of family planning shall enjoy the following preferential treatments separately:

(1)Those laying up intrauterine devices shall have 2 days off, and shall not be arranged to do hard physical labor within 7 days;

(2)Those getting out intrauterine devices shall have one day off;

(3)Those ligated their spermatic ducts shall have 15 days off;

(4)Those ligated their fallopian tubes shall have 21 days off; and

(5)Those terminating pregnancies within 28 weeks of their pregnancies shall have 21 to 42 days off in accordance with the time of their pregnancies. Those terminating their pregnancies beyond 28 weeks of their pregnancies shall have 90 days off.

As for those who accept said operations over two items at the same time, the leave shall be calculated incorporatedly, during the period of their leaves, they shall be treated being on normal duties, the salaries and gainings shall be given as usual, other welfare treatments shall not be changed.

As for the rural villagers who accept the operation stipulated in Section1 of this article, they shall enjoy other preferential treatments stipulated by the local people' s governments at the township (town) level.

Article 50. As for those couples who want to give birth of only one child, they may file an application by both sides of them, and shall be certificated by their own units or by villager' s (neighborhood) committees which they registered, the people' s governments at the township (town) level or the subdistrct offices shall issue them the Honored Certificate of the Parents of Only Child.

Article 51. The citizens, who have the following circumstances and decide not to give a birth again, may also file an application, and shall be certificated by their own units or villager' s (neighborhood) committees which their domiciliary registered, the people' s governments at the township (town) level or the subdistrct offices shall issue them the Honored Certificate of the Parents of Only Child:

(1)One side of the couple of remarriage has no child, the other side has only one child; and

(2)Those without child but adopting one child according to law.

Article52. The staff and workers holding the Honored Certificate of the Parents of Only Child shall enjoy the following preferential treatments:

(1)To draw 4 to 8 yuan monthly as a reward of having only one child, the period shall be from the month of getting the certificate to full 18 years old of the child;

(2)As for the female staff and workers of late childbirth, by the applications of them own, getting the agreement of their units, the maternity leave may extend to one year. During the period of extending maternity leave, the salary shall be issued by 75% of the original sum, and it shall not affect their salary readjustment, promotion and calculation of the length of service;

(3)As for the fees for starting going to a nursery (kindergarten), starting school, taking medical treatments and etc. of the only child before full 16 years old, the units of their parents shall give suitable allowances according to the circumstances; and

(4)The units of a couple shall give suitable rewards according to the actual circumstances when they retire.

Article 53. The rural villagers having the Honored Certificate of the Parents of Only Child may enjoy the rewards for the parents of only child till their children are full 18 years old; the detailed measures of rewards shall be stipulated by the local people' s governments.

As for the collective economy, In the aspects of the distribution of collective-economy incomes, homestead divide, enjoying collective welfares, accepting the support to the poor, and training and etc, the parents of only child should be given priority accommodations.

Article 54. Fees for rewarding the parents with only child shall be paid according to the following stipulations:

(1)As for those staff and workers of organs, groups, enterprises and institutions, the fees shall be borne separately by the units of the two sides at the proportion of 50%;

(2)As for those one side is a staff or a worker, the other side is a jobless inhabitant in city and town, or a rural villager, the fees shall be borne by the unit of the staff or worker;

(3)As for the individual industrial and commercial households, the fees shall be borne by the local administrative departments of industry and commerce;

(4)As for the persons who left the original units but still keep their labor relations in the original units, if they have receiving units, their receiving units shall bear the fees; if there' s no units to accept them, the fees shall be borne by their original units; and

(5)As for the two sides of a couple are all both jobless inhabitants, and enjoy the minimum ensuring money of living of town inhabitants, the fees shall be borne by the people' s governments of the places where their domciles locate.

Article 55. As for the persons with the Honored Certificate of the Parents of Only Child, if they do not give birth after remarriage, they may continue to enjoy the rewards for the parents with only child stipulated by these Regulations.

As for the couples of remarriage, one side has the Honored Certificates of the Parents of Only Child, the other side without any children and also decide not to give a birth again, the side without children may enjoy the rewards for the parents with only child stipulated by these Regulations similarly.

Article 56. As for the couples who may give rebirth tallying with these Regulations but want to have only one child willingly all their live and have got the Honored Certificate of the Parents of Only Child, they shall be given an extra reward of more than 200 yuan besides enjoying the rewards stipulated in Article52, Article53 of these Regulations.

Article 57. As for those parents, whose only child is disabled or died unexpectedly, and who no longer give rebirth or adopt any child, their work units or the local people' s governments shall give them suitable living allowances.

Article 58. Where the conditions are permitting, they may carry out all kinds of measures of pension guarantee in rural areas in accordance with the principles of governmental direction and of farmers' own free will.

Article 59. As for the couple give birth again after enjoying the preferential treatments to the parents of an only child, the relevant units shall stop them enjoying the treatments, and take back the Honored Certificate of the Parents of Only Child and the gaining of rewarding treatments.

As for the couple who give a rebirth tallying with the conditions of rebirth stipulated in these Regulations, because their only child is disabled by sickness and wound; couples of remarriage birth again, as for the couple who give rebirth tallying with the conditions of rebirth stipulated by these Regulations; and as for the couple who give birth again after adopting a child because of once suffering barrenness, the units of issuing certificates shall take back the Honored Certificate of the Parents of Only Child, and they shall stop enjoying all the items of preferential treatments.

Article 60. As for the working members engaged in the work of family planning in townships (towns) and in the subdistruct offices and upwards, they may be issued the necessary articles for labor protection. The treatments for labor protections of the working members engaged in family planning in enterprises and institutions shall be carried out in accordance with the relevant stipulations of the local people' s governments.

Article 61. The provincial people' s government shall award the certificates of honor to the full-time cadres (including the cadres hived on contract), who continuously have worked at the post of family planning of townships (towns), the subdistrct offices, enterprises and institutions for more than ten years; or have worked at the administrative departments of family planning at the county level and upwards and their units directly under them for more than 15 years, their work units shall also give them rewards.

Chapter ó¸ Legal Liabilities

Article 62. Those having any of the following cases to violate these Regulations, the administrative departments of family planning at the county level and upwards or the administrative departments of health shall, according their authorities, construct them to correct, and shall give warnings, confiscate their illegal gains; as for those having the illegal gains over 10,000 yuan, they shall be imposed a fine of 2 to 4 times the illegal gains; as for those no illegal gains or their illegal gains is less than 10,000 yuan, they shall be imposed a fine of 10,000 to 30,000 yuan; where the circumstances are serious, the certificates of practice shall be revoked by the original license-issuing authorities; where a crime is constituted, it shall be investigated for the criminal liability according to law:

(1)To perform the operations of family planning for other persons illegally;

(2)To conduct appraise the sexes of embryos for non-medicine necessary, or terminate gestation artificially for choosing the sexes by making use of technology of ultrasonic and other technical measures; and

(3)To perform the false surgeries of birth control, conduct false medical expertises and issue the false certificates of family planning.

Article 63.As for those forging, altering, illegally buying and selling the certificates of family planning, the administrative departments of family planning shall confiscate their illegal gains, those having illegal gains over 5,000 yuan shall be imposed a fine of 2 to 5 times the amount of their illegal gains; those without any illegal gains or their illegal gains being less than 5,000 yuan, a fine of 5,000 to 20,000 yuan may be imposed; where a crime is constituted, they shall be investigated for the crime responsibilities according to law.

As for those who get the certificates of family planning by unlawful measures, the administrative departments of family planning shall cancel their certificates of family planning; if the units issuing the certificates commit faults, the chief person-in-charge and other persons held directly responsibilities shall be given disciplinary sanctions according to law.

Article64. The units, violating the provisions of these Regulations and having any of the following cases, the people' s governments at the county level and upwards shall instruct them to correct, and shall circulate them a notice of criticism; and shall give disciplinary sanctions to their legal representatives and the personnel of direct responsibilities:

(1)To provide avoiding conditions intentionally for those being pregnant or giving birth in violation of the provisions of these Regulations;

(2)There are staff and workers who give birth in violation of the provisions of these Regulations (including those staff and workers being discharged or dismissed who have been pregnant and given birth in violation of the provisions of these Regulations);

(3)To refuse to carry out the policies of rewarding and preferential treatments stipulated by these Regulations; and

(4)Not to fulfil the objective responsibilities of family planning.

Article 65. The technical servicemen of family planning, who operate in violation of rules, or delay rescuing, diagnosing and treating, which have caused serious consequences, shall assume the corresponding legal duties according to the provisions of relevant laws and administrative regulations.

Article 66. Those state working personnel who have any of the following cases in the work of family planning and a crime is constituted, they shall be investigated for a criminal responsibility according to law; where a crime is not constituted, they shall be given disciplinary sanctions; their illegal gains shall be confiscated if they have any:

(1)Those infringing citizens' personal right, property right and other legal rights and interests;

(2)Those abusing their authorities, ignoring their duties, or indulging in malpractice;

(3)Those asking for, or taking bribes;

(4)Those withholding, skimping, embezzling or corrupting the funds of family planning or the funds of social aliments; and

(5)Those hiding the truth in making reports, making false entries, forging, distorting or refusing to report the statistical data of population and family planning.

Article 67. Anyone giving birth in violation of the provisions of these Regulations shall pay the social aliments according to the following standards:

(1)As for those of early child-bearing, their social aliments shall be imposed 1 to 2 times the lump-sum disposable income per capita or the net income per capita of last year;

(2)As for the couple giving birth to one child outside the state plan, they shall be imposed the social aliments 2 to 5 times the lump-sum disposable income per capita of last year; as for those giving birth more than 2 children, the social aliments collected for one child outside the state plan shall be the base number to collect social aliements according to the multiple number of the children outside the state plan;

(3)As for those giving birth to a baby without going through the formalities of marriage registrations, the lump-sum collected social aliments shall be collected 4 to 7 times the disposable income per capita of last year; as for those giving birth to more than 2 babies, the social aliments collected for one baby shall be the base number to collect social aliements according to the multiple number of the children given birth to, expect those tallying with the provisions of Article 30 Section 2of these Regulations; and

(4)As for those who have spouses and give birth to a child with other person, they shall be collected lump-sum social aliments 8 to 10 times the disposable income per capita of last year; as for those giving birth to more than 2 children, the social aliments collected for one child shall be the base number to collect social aliements according to the multiple number of number of the children given birth to.

In regard to the standards for social aliments stipulated in said article, as for towners, the disposable income per capita of last year within the administrative divisions at the county level for towners, the net income per capita of last year within the administrative divisions at the county level for rural villagers shall be the collecting standards.

Article 68. As for the state working personnel in violation of these Regulations being pregnant and giving birth to a child, they shall be given disciplinary sanctions according to law besides paying social aliments; other personnel shall be given disciplinary punishments by their work units or frameworks.

Article 69. As for those refusing, blocking the administrative departments of family planning and their working members to perform official duties according to law, the administrative departments of family planning shall give them criticism and educations and stop them; where there is an action in violation of the management of public security, the offenders shall be given punishments in respect to the management of public security; where a crime is constituted, they shall be investigated for the criminal responsibilities.

Article 70. Citizens, legal persons or other organizations may apply for an administrative reconsideration or file an administrative lawsuit according to law, if they consider that the administrative organs infringed upon their legal rights and interests during the process of carrying out the management of family planning.

Chapter ó° Supplementary Provisions

Article 71. The family planning work for floating population stipulated beyond these Regulations shall be implemented according to the Certain Provisions of Jilin Province on the Work of Family Planning for Floating Population.

Article 72. These Regulations shall become effective as of November 1, 2002. The Regulations of Jilin Province on Family Planning adopted on September 11, 1993 at the 5th session of the Standing Committee of the 8th Jilin Provincial People' s Congress and the Decision of the Jilin Provincial People' s Government for Amending the Regulations of Jilin Province on Family Planning shall be repealed at the same time.


AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/jl/laws/rojpopafp603