(Issued by No. 300 Decree of Shenzhen Municipal People's Government on October 12, 2017, and amended by No. 315 Decree of Shenzhen Municipal People's Government on December 21, 2018)
Article 1 In order to implement the Law of the People's Republic of China on Population and Family Planning and the Regulations of Guangdong Province on Population and Family Planning, these Provisions are formulated in the light of the actual circumstances of Shenzhen Municipality.
Article 2 The municipal and district administrative departments of family planning (hereinafter referred to as the competent departments) shall be in charge of family planning affairs and the related population affairs (hereinafter referred to as family planning) in their respective administrative areas.
Article 3 The subdistrict administrative offices (hereinafter referred to as the subdistrict offices) shall be responsible for family planning in their respective administrative areas. The community management agencies assist subdistrict offices in carrying out family planning in their own communities.
The competent district departments may, in accordance with law, authorize the subdistrict offices to collect social support fees and impose administrative penalties.
Article 4 State authorities, enterprises and public institutions and other organizations which implement the responsibility system of legal representatives (responsible persons) for family planning shall sign a liability statement for the management of the family planning objectives with the district competent departments or the subdistrict offices in the administrative areas where they are located respectively, implement all the regulations of responsibilities, rewards and punishments on affairs related to family planning, and accept professional guidance, supervision and inspection.
Article 5 The competent municipal department shall establish and improve the population and family planning information system.
The departments of development and reform, public security, education, civil affairs, human resources and social security, statistics, planning and land, house tenancy administration, housing and development shall mutually provide data on population management with the competent departments, so as to realize the information sharing of household registration management, marriage, population health, family planning, education, social security and housing.
Article 6 Residents and non-residents living in this city shall accept the family planning management and inspection by the competent departments, subdistrict offices and community management agencies, and cooperate with the information collection.
Article 7 Implement a birth registration system for couples who have the first and the second children, and the couples register for birth at the subdistrict office where either of them registers his/her household or lives in.
Implement a re-birth approval system for couples who meet the requirements stipulated in the provisions of the Regulations of Guangdong Province on Population and Family Planning for bearing another child. The couples submit the application together to the subdistrict office where either of them registers his/her household can bear another child after receiving the approval from the subdistrict office.
Article 8 Couples of child-bearing age who practice family planning enjoy, free of charge, the basic item of the technical services of family planning prescribed by the State.
Residents registered in Shenzhen Municipality and residents who are not registered in Shenzhen Municipality with residence permits enjoy free pre-marital or pre-pregnancy medical examination and counseling, follow-up and other eugenic health services prescribed by the government.
Article 9 The competent municipal departments establish the prevention and monitoring system for premature birth and birth defects, strengthen health education and early perinatal care for pregnant women, standardize the management of pregnant women at high risk of premature birth, establish reasonable preventive strategies and implement effective preventive measures.
Couples who have given birth to severely defective children shall undergo pre-pregnancy and prenatal medical examinations at the medical and health institutions engaged in maternal and child health technical services or family planning technical services before giving birth again.
Article 10 Medical and health institutions engaged in maternal and child health technical services and family planning technical services shall report the following information to the competent district department:
(1) information on prenatal examination and fertility of pregnant women;
(2) statistical information on the termination of pregnancy;
(3) information on cases of artificial termination of pregnancy for more than 14 weeks;
(4) information on cases of premature birth within 37 weeks of pregnancy;
(5) information on cases of birth and death of newborns;
(6) other family planning information required to be reported by the competent department.
Article 11 Where it is necessary to apply for the Shenzhen Municipal Family Planning Certificate as prescribed by laws and regulations, shall apply to the subdistrict office in accordance with the relevant provisions.
If one of the following conditions is met, the subdistrict office shall issue the Shenzhen Municipal Family Planning Certificate:
(1) giving birth in accordance with the provisions of laws and regulations;
(2) those who have given birth in violation of the provisions of laws and regulations and have been dealt with in accordance the law.
The specific measures for the administration of the Shenzhen Municipal Family Planning Certificates shall be formulated separately by the competent municipal department.
Article 12 During the period when the State advocates a couple to bear one child, the couples who have only one child for life and have no adopted children or have no child for life and have only one adopted child, and are residents registered in Shenzhen Municipality with the husband over 60 years old and the wife over 55 years old, the only-child parent shall be given family planning reward by the district government where they register their household according to the standards set by the municipal people's government.
Article 13 During the period when the State advocates a couple to bear one child, the couples who have only one child for life and have no adopted children or have no child for life and have only one adopted child according to law and are residents registered in Shenzhen Municipality may receive monthly only-child health care fee since the month being granted the honor certificate of only child or certificate of only child from the community management organization where they register their household until their child being 14 years old, in accordance with law.
The employers of both the husband and the wife shall respectively pay 50% of the only-child health care fee. If there is no employer, the district government where they register their household shall solve it accordingly.
For couples who have given birth or adopted after receiving the only-child health care fee, the only-child health care fee shall be ceased from the month of birth or adoption, and the honor certificate of only child shall be withdrawn.
Article 14 During the period when the State advocates a couple to bear one child, the couples who have only one child for life and have no adopted children or have no child for life and have only one adopted child according to law, and are residents registered in Shenzhen Municipality, the district government where they register their household shall purchase only-child family accident insurance for them and their child.
If the only-child parents of a family planning special family are residents registered in Shenzhen Municipality, the district government where they register their household shall purchase comprehensive insurance for the family planning special family.
Article 15 The governments shall establish and improve the special support system for family planning special families, give priority to employment, housing security, medical care, pension and other aspects, and incorporate relevant support work into the assessment of the responsibility system of population and family planning objective management;for the qualified family planning special family, the district government where they register their household shall issue the support fund in accordance with the provisions.
Article 16 The civil affairs departments shall give priority to the family planning special family members and the only-child parents who apply for admission to public nursing institutions for aged, and the family planning special families who apply for adopting children, if they are qualified.
The housing and development departments shall give priority to the family planning special families applying for government-supported housing and housing for talents, if they are qualified.
Human resources and social security departments shall give priority to employment assistance to family planning special family members who are willing to work.
Medical institutions providing family doctor services shall give priority to family planning special family members in need.
Article 17 If the Shenzhen Municipality Family Planning Certificate is granted by improper means, the certificate issuing institution shall revoke it and the competent district department shall impose a fine of 3,000 yuan; if the circumstances are serious, a fine of 10,000 yuan shall be imposed.
If a person defrauds the family planning bonus or support fund by falsely reporting the birth status or providing false information, the competent district department shall order him to return the received bonus or support fund and impose a fine of 3,000 yuan; if the circumstances are serious, a fine of 10,000 yuan shall be imposed.
Article 18 For those who do not comply with the provisions on family planning to give birth to children, the competent district departments shall collect social welfare funds in accordance with the relevant provisions.
The social welfare fund shall be based on the per capital disposable income of the urban residents in Shenzhen Municipality in the previous year at the time of birth.
Article 19 The competent departments, subdistrict offices and community administrative agencies shall incorporate illegal information in violation of family planning regulations into the public credit information system in accordance with the relevant provisions.
Article 20 If the competent departments, subdistrict offices, community management agencies and their staff members, in violation of these provisions, fail to perform their duties or perform their duties incorrectly, they shall be investigated according to the law for administrative liability; if they are suspected of committing a crime, they shall be transferred to the judicial authority for handling according to the law.
Article 21 The term "family planning special family" as mentioned in the Provisions refers to the family in which the only child dies or the only child is identified as disabled at or above level 3 according to law.
The districts referred herein include Guangming New District and Dapeng New District and other administrative districts.
Article 22 These Provisions shall come into effect as of November 12, 2017.
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