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Date:
(Adopted at the 25th Session of
the Standing Committee of the Ninth National People's Congress on
29 December 2001)
Subject:
Family Planning
Text:
Chapter I. General
provisions
Article 1.
This law is enacted, in accordance with the Constitution, so as to bring
population into balance with social economic development, resources,
and the environment: to promote family planning; to protect citizens'
legitimate rights and interests; to enhance family happiness, and to
contribute to the nation's prosperity and social progress.
Article 2. China
is a populous country. Family planning is a fundamental state policy.
The State shall adopt a comprehensive approach to controlling population
size and improving socio-economical and public health characteristics
of population.
The State shall rely on publicity and education, advances in science
and technology, comprehensive services and the establishment and improvement
of the incentive and social security systems to carry out the family
planning program.
Article 3. Population
and family planning programs shall act in concert with programs that
expand women's educational and employment opportunities, enhance their
health, and elevate their status.
Article 4. The People's
Governments and staff at all levels implementing the family planning
program shall act strictly within the law, enforcing it in a civil manner,
and must not infringe on citizens' legitimate rights and interest.
The family planning administrative departments and their staff acting
within the law are protected by law.
Article 5. The State
Council shall exercise authority over the national population and family
planning program. Local people's governments at all levels shall exercise
authority over the population and family planning programs in their
respective jurisdictions.
Article 6. The family
planning administrative department of the State Council shall be in
charge of the national family planning program and population programs
related to family planning.
Family planning administrative departments of people's governments at
county level and above shall be in charge of family planning programs
and population programs related to family planning in their respective
jurisdictions.
Other government administrative departments at county level and above
shall be in charge of aspects of the population and family planning
programs falling within their mandates.
Article 7. Social
organizations such as Trade Unions, Communist Youth Leagues, Women's
Federations, and Family Planning Associations; enterprises; institutions;
and individual citizens shall assist the people's government in carrying
out population and family planning programs.
Article 8. Organizations
and individuals making outstanding achievements in the population and
family planning programs shall be recognized and rewarded by the State.
Chapter II. Formulation and
implementation of population development plans
Article 9. The State
Council shall devise population development plans and incorporate them
into the national economic and social development plans.
Based on plans at the next highest and national levels, people's governments
at country level and above shall devise population development plans
in line with local conditions and incorporate them into their economic
and social development plans.
Article 10. People's
governments at country level and above shall devise population and above
shall be responsible for routine implementation of population and family
planning action plans.
People's governments of township, ethnic township, and town, and subdistrict
offices in urban areas, shall be in charge of population and family
planning programs in their respective jurisdictions and shall implement
population and family planning action plans.
Article 11. Population
and family planning action plans shall stipulate measures to govern
population size, strengthen maternal and child health care services,
and improve socio-economical and public health characteristics of population.
Article 12. Villager's
committees and neighbourhood committees shall follow the law and endeavor
to implement family planning programs.
State organs, the armed forces, social organizations, enterprises, and
institutions shall endeavor to implement their own family planning programs.
Article 13. Government
departments responsible for family planning, education science and technology,
culture, public health, civil affairs, press and publication, and broadcasting
and television shall organize and carry out public education campaigns
on population and family planning.
The mass media are obligated to carry pro bono public service messages
on population and family planning.
Schools shall provide human physiology, adolescence, and sexual health
education to students in a planned and audience-appropriate manner.
Article 14. Family
planning programs among the migrant population shall be jointly managed
by their local governments of origin and local governments of residence,
with efforts focused where they reside.
Article 15. The State
shall gradually increase the overall level of funding for population
and family planning programs, based on the national economic and social
development. People's governments at all levels shall provide the necessary
funding for the implementation of their population and family planning
programs.
People's governments at all levels shall give special support to population
and family planning programs in impoverished areas and minority ethnic
areas.
The State shall encourage social organizations, enterprises, institutions,
and individuals to contribute support to population and family planning
programs.
No unit or individual shall withhold, reduce or redirect funds appropriated
to population and family planning programs.
Article 16. The State
shall encourage scientific research and international exchange and cooperation
in the fields of population and family planning.
Chapter
III. Regulation of fertility
Article 17. Citizens
have the right to reproduction as well as the responsibility for practicing
family planning according to law. Husbands and wives bear equal responsibility
for family planning.
Article 18. The State
shall maintain its current fertility policy encouraging late marriage
and childbearing and advocating one child per couple; arrangements for
a second child, if requested, being subject to law and regulation. Specific
measures shall be enacted by the People's Congress or its standing committee
in each province, autonomous region, and municipality.
Ethnic minorities shall also practice family planning. Specific measures
shall be enacted by the People's Congress or its standing committee
in each province, autonomous region, and municipality.
Article 19. In implementing
family planning, the primary emphasis shall be on contraception.
The State shall create conditions conducive to individuals being assured
of an informed choice of safe, effective, and appropriate contraceptive
methods. Safety or recipients of birth control procedures must be ensured.
Article 20. Couples
of reproductive age shall be conscientious in adopting contraceptive
methods and in accepting the guidance of family planning technical services.
Incidences of unwanted pregnancies shall be prevented and reduced.
Article 21.
Couples of reproductive age who practice family planning shall be able
to obtain technical services free of charge under the basic items as
specified by the State.
The cost of the aforesaid services shall be itemized n public appropriations
made in accordance with applicable State regulations or be guaranteed
by social insurance plans.
Article 22. Discrimination
against and mistreatment of women who give birth to female children
or who suffer from infertility are prohibited. Discrimination against,
mistreatment, and abandonment of female infants are prohibited.
Chapter
IV. Incentives and social security
Article 23. The State
shall, in accordance with regulations, recognize and reward couples
who practice family planning.
Article 24. To facilitate
family planning programs, the State shall establish and improve social
security arrangements providing basic old-age insurance, basic medical
insurance, childbearing insurance, and welfare benefits.
In rural areas where conditions are favorable, various types of old-age
support schemes should be set up following the principle of government
guidance and rural people's willingness.
Article 25. Citizens who marry late and delay childbearing are entitled
to longer nuptial and maternity leaves or other welfare benefits.
Article 26. In accordance
with applicable State regulations, women shall have special job-safety
protections and be entitled to assistance and subsidies during pregnancy,
delivery, and while breast-feeding.
Citizens who undergo surgical procedures for family planning shall be
granted leave as stipulated by the State. Local people's governments
may award them incentives.
Article 27.
The State shall award a "Certificate of Honor for Single-Child
Parents" to couples who volunteer to have one child in their lifetime.
Couples awarded such a certificate shall enjoy the incentives provided
for in State regulations and in the regulations of their respective
provinces, autonomous regions, or municipalities.
Employers shall obligatorily implement those incentive measures, stipulated
by law and regulation, favoring couples in their employ who have one
child over a lifetime.
Local people's governments shall provide necessary assistance to couples
whose only child is disabled or killed in accidents, and who decide
not to bear or adopt another child.
Article 28. Local
governments at all levels shall give households that practice family
planning preferential access to funding, technology, and training. Households
in poverty that practice family planning shall be given priority for
poverty-alleviation loans, work relief, and other social assistance.
Article 29. The People's
Congress and their standing committees in provinces, autonomous regions,
municipalities and larger cities, or local people's governments, shall
devise detailed implementation procedures for the incentives stipulated
in this chapter in accordance with the provisions of this law and other
applicable laws and regulations and in line with local conditions.
Chapter
V. Family planning technical services
Article 30. The State
shall establish premarital health care and maternal health care systems
to prevent or reduce the incidence of birth defects and improve the
health of newborns.
Article 31. People's
governments at all levels shall take steps to assure all citizens access
to family planning technical services in order to enhance their reproductive
health.
Article 32. Local
people's governments at all levels shall rationally allocate and coordinate
the use of health resources; establish and improve family planning service
networks comprising family planning clinics and health and medical institutions
providing such services; upgrade facilities and improve the conditions
under which care is provided; and raise the level of technical services.
Article 33. Family
planning technical service institutions, medical and healthcare institutions
providing family planning services shall, within the scope of their
respective responsibilities, direct publicity and education about basic
population and family planning information at people of reproductive
age; provide pregnancy check-ups and follow-up for married women of
reproductive age; offer counseling and guidance; and provide technical
services in family planning and reproductive health.
Article 34. Family
planning technical service providers shall give guidance to individuals
in choosing safe, effective, and appropriate contraceptive methods.
Couples who have given birth are encouraged to choose long-acting contraceptive
methods.
The State shall encourage the research, development, and promotion of
new family planning technologies and products.
Article 35. Use of
ultrasonography or other techniques to identify fetal gender for non-medical
purposes is strictly prohibited. Sex-selective pregnancy termination
for non-medical purposes is strictly prohibited.
Chapter
VI. Legal liability
Article 36. Anyone
who violates this law by one of the following acts shall be ordered
to rectify the violation and warned by the family planning or public
health agency, and all gins derived from such illegal acts shall be
confiscated by the family planning or public health administrative departments.
If the illegal gains exceed RMB 10,000, a fine of no less than two times
and no more than six times the amount shall be imposed. If no illegal
gains is involved or the amount is less than RMB 10,000, a fine of no
less than RMB 10,000 and no more than RMB 30,000 shall be imposed. In
serious cases, licenses shall be revoked by the issuing agency. Acts
constituting a crime shall be referred for criminal prosecution.
(1) Illegal performance of a surgical procedure related to family planning
at another's behest.
(2) Use of ultrasonogrphy or other techniques to identify fetal gender
for non-medical purposes or sex-selective pregnancy termination for
non-medical purposes, at another's behest.
(3) Faking a birth control procedure related to family planning, falsifying
a medical report, or counterfeiting certificates related to family planning.
Article 37. Anyone
who forges, alters, buys or sells certificates related to family planning
shall have the illegal gains confiscated by the family planning administrative
departments. If the illegal gains exceed RMB 5,000, a fine of no less
than two times and no more than tem times the amount shall be imposed.
If no illegal gains is involved or the amount is less than RMB 5,000,
a fine of no less than RMB 5,000 and no more than RMB 20,000 shall be
imposed. Acts constituting a crime shall be referred for criminal prosecution.
The family planning administrative departments shall render void improperly-obtained
certificates related to family planning. Administrative penalties shall
be imposed on both the executive in charge of the agency issuing flawed
certificates and the individuals directly responsible.
Article 38. Family
Planning service providers who commit malpractice or who delay emergency
response, diagnosis or treatment with dire results shall be held liable
under the applicable laws and regulations.
Article 39. Staff
of state organs who commit one of the following acts in the course of
family planning activities shall, if the act constitutes a crime, be
referred for criminal prosecution; or, if the act does not constitute
a crime, be subject to both administrative penalties and confiscation
of any illegal gains.
(1) Infringing on a citizen's personal rights, property rights or other
legitimate rights and interests.
(2) Abuse of power, dereliction of duty or graft.
(3) Seeking or accepting a bribe.
(4) Withholding, reducing, redirecting or embezzling family planning
program funds or social compensation fees.
(5) Distorting, under-reporting, fabricating, modifying or refusing
to report statistical data on population or family planning.
Article 40. Those
who violate provisions of this law or are derelict in family planning
program management shall be ordered to rectify the violation and rebuked
in a circular by their local government. Administrative penalties shall
be imposed on both the executive in charge of the agency and the individuals
directly responsible.
Article 41. Citizens
who give birth not in accordance with the stipulations in Article 18
shall pay a social compensation fee prescribed by this law. Those failing
to pay the full amount before the due date shall be levied a late payment
penalty specified in applicable State regulations. Those who persist
in nonpayment shall be sued for payment in People's Court by the family
planning administrative departments that levied the social compensation
fee.
Article 42. The state
employees levied the social compensation fee described in Article 41
shall be subject to additional administrative penalties, according to
law. Others levied such a fee shall be subject to additional disciplinary
measures imposed by their employing units.
Article 43. Those
who resist or hinder family planning administrative departments and
staff in the performance of their legitimate duties shall be subject
to criticism and ordered to amend their conduct by the family planning
administrative departments involved. Conduct breaching public security
regulations shall be subject to public security penalties. Acts constituting
a crime shall be referred for criminal prosecution.
Article 44. Citizens,
entities treated as legal persons or other organizations deeming that
an administrative organ has infringed on their legitimate rights and
interests while implementing family planning policy may appeal for review
or sue for redress.
Chapter VII. Supplementary provisions
Article 45. The State
Council shall devise specific measures for managing family planning
program among migrants, specific measures for managing family planning
technical services, and measures for the administration of collecting
social compensation fees.
Article 46. Detailed
measures for implementing this law by the Chinese People's Liberation
Army shall be devised by the Central Military Commission in accordance
with this law.
Article 47. This
law shall enter into effect on 1 September 2002.
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