Measures on Administration of Family Planning For the Floating Population

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Article 1 These Measures are formulated for the purpose of enhancing administration of family planning for the floating population, safeguarding their lawful rights and interests, and keeping the population growth under effective control.

Article 2 These Measures apply to those currently-married people of child-bearing age who currently stay in the places other than the places where their residences are registered or engage in work, business and trade, or other activities in such places, or have come to such places only for the purpose of childbearing (hereinafter referred to as the floating married population of childbearing age).

Article 3 Local people's governments at various levels shall exercise unified leadership over family planning for the floating population within their respective administrative areas, and organize and coordinate the departments concerned to implement a comprehensive administration of family planning among the floating population and to provide necessary support.

Local people's governments at various levels shall incorporate family planning administration for the floating population into the target responsibility system for the population and family planning administration within their respective administrative areas.

Article 4 The family planning administrative department of the State Council is responsible for the nation-wide administration of family planning for the floating population.

The family planning administrative departments of the local people's governments at or above the county level are responsible for the family planning administration for the floating population within their respective administrative areas.

Article 5 Administrative departments such as public security, industrial and commercial administration, labor and employment, health and real estate management of people's governments at or above the county level shall assist family planning administrative departments in family planning administration for the floating population and related services within their respective functions and powers.

Article 6 Family planning for the floating population shall be jointly administered by the local people's governments where their residences are registered and where they are currently staying, with the latter assuming chief responsibilities.

The local people's governments where a floating population stays currently are responsible for the routine administration of family planning for the floating population and shall incorporate it into the local family planning administration.

Article 7 The floating adult populations, before leaving the places where their residences are registered, shall, with their valid marriage certificates and identity cards, request for marital and childbearing-status certificates at the family planning administrative departments of local people's governments at the county level, or at the people's governments of townships (towns), or at the offices of neighborhood committees.

The marital and childbearing-status certificate shall contain the name, sex, age, marriage status, number of resident identity cards, childbearing status, birth control measures adopted, rewards and penalties in relation to family planning.

Article 8 The floating adult population shall, upon arriving at the places where they stay currently, submit their marital and childbearing-status certificates for examination by the people's governments of townships (towns) or the offices of neighborhood committees where they stay currently. The people's governments of townships (towns) or the offices of neighborhood committees where they currently stay shall, after examining the validity of their marital and childbearing-status certificates, register the floating married people of childbearing age in accordance with the provisions of Article 2 of the Measures, and notify them that they are under the family-planning administration of the local people's governments of townships (towns) or the offices of neighborhood committees. In cases where the marital and childbearing-status certificates are incomplete, the people's governments of townships (towns) or the offices of neighborhood committees shall require them to provide complete certificates.

Article 9 The people's governments of townships (towns) or the offices of neighborhood committees where the floating population currently stay shall undertake public awareness education on population and family planning for the floating married population of childbearing age and organize the relevant units to provide the couples of childbearing age with contraceptive facilities and services.

Article 10 The relevant departments shall verify the marital and childbearing-status certificates that have been examined by the people's governments of townships (towns) or the offices of neighborhood committees where they currently stay when they approve temporary residence permits, business licenses or temporary work permits for the floating adults, and inform the people's governments of townships (towns) and the offices of neighborhood committees where they currently stay of the results of their verification. No approval shall be granted without marital and childbearing-status certificates.

Article 11 The employing units and individuals who form a labor relationship with the floating married population of childbearing age shall be responsible for the management of family planning of the floating married population they employ, and accept supervision and inspection from the people's governments of townships (towns) or the offices of neighborhood committees family planning administrative departments of the local people's governments at and above the county level where they currently stay.

Article 12 The owners who let or rent their accommodation to the floating married population of childbearing age shall assist the people's governments of townships (towns) or the offices of neighborhood committees where they currently stay in family planning administration for the floating population.

Article 13 The floating married population when bearing children at the place where they currently stay shall, in accordance with the relevant provisions of the localities, apply for and obtain the childbearing status certificates from the family planning administrative departments of the people's governments at the county level, or the people's governments of townships (towns), or the offices of neighborhood committees where their residences are registered.

The floating married population of childbearing age may bear children at the places where they currently stay if they obtained childbearing status certificates issued by the family planning administrative departments of the people's governments at the county level or the people's governments of townships (towns) or the offices of neighborhood committees where their residences are registered.

Article 14 The people's governments of townships (towns) or the offices of neighborhood committees where the floating married population of childbearing age currently stay, shall establish contacts with the people's governments of townships (towns) or the offices of neighborhood committees where their residences are registered and provide the latter with information concerning contraception and birth control. The floating married population of childbearing age may also mail such information provided by the people's governments of townships (towns) or the offices of neighborhood committees where they currently stay to the people's governments of townships (towns) or the offices of neighborhood committees where their residences are registered. The people's governments of townships (towns) or the offices of neighborhood committees where their residences are registered, after receiving information concerning contraceptive and birth control, may not require them to return to the places where their residences are registered for family panning inspection.

Article 15 The one-child parents of childbearing age among the floating population shall be awarded by the people's governments of townships (towns) or the offices of neighborhood committees where their residences are registered in accordance with the relevant provisions of respective provinces, autonomous regions and municipalities directly under the Central Government.

Article 16 The statistics of family planning information of the floating married population of childbearing age shall be collected in accordance with the State's provisions.

Article 17 The expenses incurred in birth control surgical operations shall be born by the employing units where the floating married population of childbearing age are employed; and if they have no employing units, the expenses shall first be paid by themselves and then reimbursed by the people's governments of townships (towns) or the offices of neighborhood committees where their residences are registered if they can show the certificates issued by the people's governments of townships (towns )or the offices of neighborhood committees where they stay currently.

Article 18 The units or individuals that have made outstanding contribution to family- planning administration among the floating married population of childbearing age shall be awarded by the local people's governments and family planning administrative departments.

The units or individuals that neglect their responsibilities for the family planning administration among the floating married population of childbearing age, or have failed to realize the family planning targets, shall be dealt with by the local people's governments or relevant departments in accordance with the relevant provisions of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 19 The floating married population of childbearing age who violate the provisions on family planning shall be dealt with by the people's governments of townships (towns), or the offices of neighborhood committees, or the family planning administrative departments where they stay currently or their residences are registered in accordance with the relevant provisions of the respective provinces, autonomous regions and municipalities directly under the Central Government.

The floating married population of childbearing age who have been dealt with for violating the provisions on family planning at one place shall not be dealt with again at another place for the same violation.

Article 20 Anyone who counterfeits, sells, or obtains the marital and childbearing-status certificate by cheating, shall be given a warning and may be imposed fines of no more than RMB 1,000 yuan; and shall have confiscated its illegal gains, if any, and may be imposed fines of no more than three times of the illegal gains by the family planning administrative department of the local people's government at or above the county level. The local people's government shall investigate the case and impose criminal liability according to the law if a crime is committed.

Article 21 Anyone who fails to obtain the marital and childbearing status certificate according to the provisions, and after being informed by the family planning administrative department where he stays currently, refuses to obtain or to submit such certificate in due time, shall be given a warning and be imposed fines of no more than RMB 500 yuan by the family planning administrative department of the local people's government at or above the county level where he stays currently.

Article 22 Anyone who refuses to issue the marital and childbearing-status certificate to the floating adult, or issues a fake certificate shall be ordered to make corrections by the family planning administrative department of the local people's government at or above the county level, and the latter may also, according to the law, suggest the relevant departments to impose administration sanction to those directly responsible.

Article 23 The functionary of such administrative departments as public security, industrial and commercial administration, labor and employment, health and real estate management of the local people's governments at or above the county level who, in approving the relevant certificates of the floating adults, fails to examine the marital and childbearing-status certificates, or in the case where he clearly knows that the floating adults have no such certificates, grants the approval to them, shall be given administrative sanctions according to law.

Article 24 The units or individuals having formed a labor relationship with the floating married population of childbearing age, who refuse to carry out their family planning management responsibilities, shall be given a warning and may be imposed fines of no more than RMB 1,000 yuan by the family planning administrative departments of the local people's governments at or above the county level.

Article 25 The form of the marital and childbearing status certificates of the floating married population of childbearing age specified in the Measures shall be provided for in a unified way by the family planning administrative department of the State Council.

Article 26 These Measures shall enter into force as of January 1,999. The Measures on Administration of Family Planning Among the Floating Population, approved by the State Council on December 26, 1991, and promulgated by the State family Planning Commission, shall be annulled simultaneously.