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Adopted at the 6th meeting of the Standing Committee of the Seventh People's Congress of Anhui Province on October 31, 1988. Revised at the 32nd meeting of the Standing Committee of the Seventh People's Congress of Anhui Province on August 30, 1992. Amended in accordance with the "Decision on Amending the" Regulations on Family Planning in Anhui Province "adopted by the 16th meeting of the Standing Committee of the Eighth People's Congress of Anhui Province on April 24, 1995.

Anhui Family Planning Regulations

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October 31, 1988

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Article 1 In order to promote family planning, according to the Constitution of the People's Republic of China,

Article 7 A husband and wife shall have only one child. Under one of the following circumstances, arrangements for another child can be planned:

(A) the first child is

Article 12 Establish a pregnancy management system and implement a scientific pregnancy monitoring method. All fertile couples should implement effective contraceptive or sterilization measures in accordance with family planning requirements. Couples who have given birth to a child should take long-acting contraceptive measures; couples who have had two children should encourage one to implement sterilization measures. Unplanned pregnancy should be terminated.

Article 13 The State provides contraceptives and performs birth control procedures to couples who are contraceptive. The cost of birth control surgery is paid by the staff in the medical expenses of the unit; farmers and urban residents are paid from the family planning expenses.

Article 14 Birth control procedures must be carried out by personnel who have obtained a certificate of birth control certificate issued by the Provincial Department of Health or the Provincial Family Planning Commission, in strict accordance with the surgical procedures.

Article 15 Employees shall enjoy leave according to regulations with proof of birth control surgery, and wages and bonuses shall be paid according to regulations. The peasants who take birth control vacations can arrive at their volunteers who are responsible for collective labor. The townships and villages with conditions should also give appropriate subsidies.

Article 16 In case of complications and sequelae caused by family planning surgery, the recipient shall report to the local family planning department, and after confirmation by the family planning technical guidance team at or above the county level, the operation unit will be responsible for the treatment, or it may be in the designated medical unit treatment. During the treatment period, the wages and bonuses of the employees will be paid; if the peasants and urban residents cause difficulties in living or cannot perform normal labor after treatment, the local people's government will provide subsidies. The cost of treatment for complications and sequelae of birth control surgery shall be implemented in accordance with the provisions of Article 13 of this Regulation on the cost of birth control surgery. The medical expenses increased due to birth control accidents shall be paid by the operation unit. The treatment of birth control accidents shall be carried out in accordance with the "Measures for Handling Medical Accidents" of the State Council.

Article 17 After undergoing sterilization, due to changes in circumstances and meeting the fertility requirements of these regulations, if a child is required to give birth, it shall be certified by the county (city, district) family planning authority with the certificate of the unit or township, town people's government, or sub-district office To perform fallopian tube and vas deferens recanalization surgery.

Article 18 Family planning work

Article 26 The management of family planning of floating population shall be implemented in accordance with the "Measures for the Management of Family Planning of Floating Population" approved by the State Council.

Article 27 The family planning of the floating population shall be jointly managed by the people's government of the place where their permanent residence is registered and the current place of residence. The relevant government departments shall divide the work according to the family planning responsibilities and do a good job in family planning management of the floating population. The employer is responsible for the management of the family planning of the recruited floating population, and accepts the supervision and inspection of the local township, town people's government, sub-district office and the family planning administrative department at or above the county level.

Article 28 Before applying for temporary residence permit, business license, employment permit and other documents, floating population should go to the family planning administration department of the current place of residence to check the family planning issued by the township, town people's government, and sub-district office where their permanent residence is prove. The family planning administrative department of the current place of residence issues a verification certificate after checking the family planning certificate. Relevant departments can verify the temporary residence permit, business license, work permit, etc. based on the family planning check and verify, and notify the result of the approval to the administrative department of family planning in the current place of residence.

Article 29 If there are couples of child-bearing age who require childbearing among the floating population, they must hold a Birth Certificate issued by the county-level family planning administration at the county where the permanent residence is located. Fertile. The township, town people's government or sub-district office where the current residence is located shall promptly notify the township, town people's government or sub-district office where the permanent resident is located.

Article 30 Couples of childbearing age among the floating population shall accept the family planning guidance of the family planning department of the current place of residence and implement effective contraceptive measures. Unplanned pregnancies must terminate pregnancy; those who refuse to take measures to give birth shall be punished in accordance with the relevant provisions of these regulations.

Article 31 The following rewards are given to those who practice late marriage, late childbearing, and have only one child:

(1) For first-timers who marry late, the marriage leave is extended by 20 days, and wages and bonuses will be paid during the marriage leave.

(2) In the case of a primipara in late childbirth, the maternity leave is extended by 30 days, and wages and bonuses are paid according to the period.

(3) Farmers who marry late and have late childbirth may be exempted from their voluntary work.

(4) If you apply for a one-child certificate during the maternity leave period, extend the maternity leave period by 30 days and pay the salary and bonus;

(5) If both husband and wife voluntarily have only one child, the two parties shall apply for it and the county (city, district) Family Planning Commission will issue a one-child certificate upon verification by the unit or township, town people's government, and sub-district office. From the date of receiving the certificate, children's health care costs (five yuan for boys and six yuan for girls) will be paid monthly to the age of fourteen for the only child. If both husband and wife have a work unit, half of the child's health care costs will be paid by each unit; if the parents are divorced, the child's unit will pay the full amount; if one party is a farmer or has no work unit or died, the other unit's full amount If there is no work unit in both cities and towns, it will be distributed in the family planning fund; if both husband and wife are farmers, the township and town people's governments will make a unified settlement.

(6) One-child children are allocated housing or homesteads and self-reserved land on a two-person basis. Mountainous areas and cash crop areas where the country supplies rations. One-child rations are supplied according to adult standards. The only child enrolled in nursery, school, medical treatment, employment, etc., should be given priority under the same conditions. People's governments at all levels must take various measures to actively support only-child families, especially single-girl families, to become rich through labor.

(7) If an employee has only one child and has received a one-child certificate before the child reaches the age of fourteen, when the retirement plan is approved for retirement, the percentage shall be increased by five percent;

Article 35 Anyone who is pregnant or giving birth without a birth certificate shall be punished in accordance with the following provisions:

(1) For a pregnancy without a fertility certificate, who refuses to listen to counsel and refuses to accept remedial measures, from the month of pregnancy, during the pregnancy period, one child is charged an unplanned pregnancy fee of 10% of the total monthly income of the husband and wife, and the second child is levied. Twenty percent of unplanned pregnancy fees; farmers, urban residents, and migrants collect unplanned pregnancy fees in accordance with the above regulations. If remedial measures are taken within the time limit, all unplanned pregnancy fees will be refunded; if the time limit is exceeded, remedial measures will be ordered and unplanned pregnancy fees will not be refunded.

(2) For employees who do not have a birth certificate, in addition to the pregnancy fee outside the plan levied according to the preceding paragraph, a one-time childbirth fee of one thousand yuan is levied for the first child; if the second child is born, the unit where the child is born shall be married Ten percent of the total monthly income of both parties is levied for seven years for unplanned childbirth; for the third child, the unplanned childbirth fee is collected for 15 years at 15% of the total monthly income of both spouses. Unplanned maternity expenses are calculated once and paid within a time limit. If you have two or three children without a fertility certificate, both husband and wife will be reduced by one level of salary, and no bonus (except for overbirth award, invention award), no model evaluation, no promotion will be evaluated within three years. Sanctions until dismissal or dismissal;

(3) Farmers, urban residents and floating population who have not given birth certificates shall, except for the collection of unplanned pregnancy fees and unplanned birth fees according to the provisions of item (2) of this article, farmers shall no longer be allocated to homesteads and self-retained land; urban residents During the period of paying unplanned pregnancy and unplanned childbirth fees, they shall not be recruited as state employees; the floating population shall be cancelled by the public security, industry and commerce, labor department, and employer, and their labor license shall be revoked, and the labor contract shall be cancelled. Those who evade family planning shall be imposed a fine ranging from 500 yuan to 3,000 yuan;

(4) Marriage and childbearing are forbidden before the legal age of marriage. In case of unlawful cohabitation, in addition to levying unplanned pregnancy fees, unplanned childbirth fees and penalties in accordance with paragraphs (1), (2), and (3) of this article, a fine of not less than 500 yuan and not more than 3,000 yuan shall be imposed;

(5) If a female employee does not have a birth certificate, she will not be paid wages or bonuses during maternity leave, and the medical expenses during the pregnancy inspection, childbirth, and puerperium will be paid by her.

Article 36 Whoever provides a refuge shelter for pregnant women without a birth certificate shall be fined between 500 and 3,000 yuan.

Article 37 If the child is not adopted in accordance with the adoption conditions, the unplanned childbirth fee shall be levied and punished according to the non-fertility certificate.

Article 38: If you have received your one-child certificate and have unplanned births, you shall withdraw the certificate and recover all the award fees you have received, and collect unplanned pregnancy fees and unplanned births in accordance with the relevant provisions of Article 35 of these regulations. Fees and penalties. Whoever approves the birth of a second child in accordance with the provisions of this Regulation shall recover the one-child certificate and various award fees they have received.

Article 39 Without the approval of the Provincial Family Planning Commission, no unit or individual may conduct fetal sex identification. If an identification of a pregnant woman is made without authorization, the county (city, district) family planning department shall confiscate its illegal income, impose a fine of more than 3,000 yuan but less than 10,000 yuan on the person directly responsible, and administrative sanctions shall be given by the relevant department.

Article 40 Anyone who commits one of the following acts shall be given administrative sanctions by the state organs, mass organizations, enterprises, institutions and other organizations to which the actor belongs according to the seriousness of the circumstances;

Article 43 The specific issues in the implementation of these Regulations shall be explained by the Provincial Family Planning Commission.

Article 44 These Regulations shall become effective on the date of promulgation.

Throughout the historical process of the birth, development and gradual improvement of China's family planning policy in the 20th century, we can see that China's family planning policy has gone through many tortuous stages and suffered many difficulties. The historical evolution of family planning policies and regulations can be roughly divided into the following four stages:

1. From 1953 to 1961: the stage of proposing birth control

At the 22nd meeting of the Standing Committee of the 11th Provincial People's Congress, the "Amendment of the Anhui Province Population and Family Planning Regulations (Draft)" was submitted for consideration, and the "Amendments to the Regulations (Draft)" revealed a lot of new information .

The current "Regulations" stipulate that illegal childbearing will "collect social support payments at three to four times the total income of the two parties in the previous year". For total income that is difficult to calculate, rural areas are calculated on the basis of the per capita net income of farmers in the townships of the two parties in the previous year. , The city is calculated based on the disposable income of urban residents in the county (city, district) in the previous year.

The "Amendment to the Regulations (Draft)" intends to stipulate that the husband and wife shall be levied on the society at the rate of 4 to 6 times the annual per capita disposable income of urban residents or the average annual per capita net income of farmers (hereinafter referred to as the levy base). Maintenance fees: If the actual income is more than 1 times the base rate, social maintenance fees will be levied at 4 to 6 times the actual income.

Twelve circumstances after the amendment of the regulations can give birth to a second child

1. Both parties are only children and only have one child;

2. Both parties are ethnic minorities and have only one child;

3. Both parties are returned overseas Chinese, or residents of Hong Kong, Macau, and Taiwan who have settled in the province for less than 6 years and only have one child settled in the Mainland;

4. Remarried couples, whose total number of children before remarriage is not more than two, but not applicable to remarried couples;

5. Infertility after marriage, both husband and wife are over 30 years old, and adopt a child according to law;

6. The first child is a child with a disability and cannot grow into a normal labor force, and medically thinks that it can be reproductive;

7. One spouse is a disabled soldier of the first to sixth grades; the first to fifth grades are disabled due to work (workers) and only have one child;

8. Miners have been working underground for more than 5 years and continue to work underground, and only have one girl;

9. A rural couple is the only child and has only one child;

10. Rural couples where the man has settled in the woman's house and the woman has no brothers and only has one child (only one of the woman's sisters);

11. Rural couples only have one girl;

12. In the township of Dashan District, the woman is in the countryside and only has one girl.