Hubei Provincial Population and Family Planning Regulations 2022

Hubei Provincial Population and Family Planning Regulations (Adopted at the 37th Session of the Standing Committee of the Ninth People’s Congress of Hubei Province on December 1, 2002, and adopted by the Eleventh Hubei Provincial People’s Congress on November 29, 2008 The Seventh Meeting of the Standing Committee of the People's Congress revised the document based on the "Decision on Centrally Amending and Repealing Some Provincial-Level Local Regulations" at the 17th Meeting of the Standing Committee of the Eleventh People's Congress of Hubei Province on July 30, 2010. The first amendment was based on the "Decision on Amending the "Hubei Provincial Population and Family Planning Regulations" at the 8th Meeting of the Standing Committee of the Twelfth People's Congress of Hubei Province on March 27, 2014. The second amendment was based on January 13, 2016. The Decision on Amending the "Hubei Provincial Population and Family Planning Regulations" at the 19th meeting of the Standing Committee of the 12th Hubei Provincial People's Congress was revised for the third time in accordance with the 13th Hubei Provincial People's Congress on November 29, 2019. The fourth revision of the 12th Meeting of the Standing Committee of the Congress of the People's Republic of China on the Centralized Modification and Abolition of Some Provincial-Level Local Regulations is based on the 16th meeting of the Standing Committee of the 13th Hubei Provincial People's Congress on June 3, 2020. The fifth revision of the "Decision on Centrally Amending and Repealing Some Provincial-Level Local Regulations Involving Cancellation of Certification Matters" of the second meeting was based on the 27th meeting of the Standing Committee of the 13th Hubei Provincial People's Congress on November 26, 2021 The meeting's "Decision on Amending the Hubei Provincial Population and Family Planning Regulations and Other Local Regulations" was revised for the sixth time in accordance with the "On Decisions on Centrally Amending Provincial-Level Local Regulations Involving the Construction of Public Health System" (Seventh Amendment) Table of Contents Chapter 1 General Provisions Chapter 2 Organization and Management Chapter 3 Fertility Regulation Chapter 4 Family Planning Services Chapter 5 Rewards and Social Security Chapter 6 Legal Responsibilities Chapter 7 Supplementary Provisions

Chapter 1 General Provisions

Article 1 In order to promote the long-term balanced development of the population, safeguard the legitimate rights and interests of citizens, and achieve the goal of population and economy, These regulations are formulated in accordance with the provisions of laws and regulations such as the "Population and Family Planning Law of the People's Republic of China" and the actual situation of the province in accordance with the coordination of society, resources and environment.

Article 2 Citizens whose household registration is in this province and citizens who are not registered in this province but live in this province, as well as state agencies, social groups, enterprises, institutions and other organizations within the administrative region of this province shall abide by these regulations.

Article 3 To carry out population and family planning work, comprehensive measures should be taken, relying on publicity and education, scientific and technological progress, and high-quality services, to establish a comprehensive management mechanism for the sex ratio at birth, improve the reward and social security systems, and regulate Population quantity, improve population quality, and optimize population structure.

Article 4 People's governments at all levels shall lead the population and family planning work within their own administrative regions and implement a target management responsibility system in which the main leaders are responsible. The health authorities of the people's governments at or above the county level are responsible for family planning work and population work related to family planning within their respective administrative regions. The health authorities of the people's governments at or above the county level may entrust health law enforcement agencies to undertake specific work related to administrative law enforcement of population and family planning. Departments under the people's governments at or above the county level shall be responsible for relevant population and family planning work according to their respective responsibilities. Social groups such as trade unions, the Communist Youth League, Women's Federations, and Family Planning Associations, enterprises, institutions, and other organizations, as well as citizens, should assist the people's government in carrying out population and family planning work.

Article 5: Implementing family planning is the common responsibility of every citizen and the whole society. Citizens' legitimate rights and interests in family planning are protected by law. Both husband and wife have equal responsibilities in implementing family planning.

Article 6 People's governments at all levels shall arrange and implement funds for population and family planning work in accordance with relevant national regulations, establish and improve a dynamic adjustment mechanism for financial investment in population and family planning, and ensure the needs of population and family planning work. The Provincial People's Government should provide key support for population and family planning work in underdeveloped areas and minority areas. Funds for population and family planning work should be earmarked for specific purposes. People's governments at or above the county level and their health authorities should strengthen the supervision and management of population and family planning work funds. No unit or individual may withhold, deduct or misappropriate funds for population and family planning work.

Social groups, enterprises, institutions, other organizations and individuals are encouraged to make donations for population and family planning work.

Chapter 2 Organization and Management

Article 7 The people’s government at or above the county level shall, in accordance with the national population development plan and the population development plan of the people’s government at the next higher level, and in combination with the local population development situation, prepare The population development plan of this administrative region shall be incorporated into the national economic and social development plan; according to the population development plan of this administrative region, population and family planning implementation plans shall be formulated and implemented. The implementation plan for population and family planning should stipulate measures to regulate the population, improve the quality of the population, promote the achievement of moderate fertility levels, optimize the population structure, strengthen maternal and infant health and infant care services, and promote family development. The health authorities of people's governments at or above the county level are responsible for the daily work of implementing population and family planning implementation plans.

Article 8 Population and family planning work shall be subject to territorial management. Township (town) people's governments and city sub-district offices are responsible for population and family planning work within their jurisdiction. Village (resident) committees should incorporate population and family planning into the content of village (resident) autonomy, and implement various systems and measures for population and family planning in a form suitable for village (resident) autonomy. State agencies, social groups, enterprises, institutions and other organizations shall assist and cooperate with the local township (town) people's governments and city sub-district offices in carrying out population and family planning work, and implement the legal representative responsibility system of the unit. Township (town) people's governments, city sub-district offices, village (residents) committees, as well as state agencies, social groups, enterprises, institutions and other organizations should be equipped with full-time (part-time) population and family planning staff based on the actual situation. and arrange necessary work funds.

Article 9 People's governments at all levels and their health authorities shall, in accordance with their statutory responsibilities, strengthen family planning services and management for the floating population, and provide basic public family planning services for the floating population. Family planning for floating populations is jointly managed by the people's governments of their place of household registration and current place of residence, with the focus being the place of current residence.

Article 10: Strengthen publicity and education on population and family planning. Departments of health, education, science and technology, civil affairs, culture and tourism, press and publication, radio and television, and other departments should organize and carry out publicity and education on population and family planning. Radio, television, newspapers, the Internet and other media should carry out publicity on optimizing fertility policies and promoting long-term balanced development of the population through various reports, public service advertisements and other forms. Schools should carry out physiological hygiene education, puberty education or sexual health education for students based on the characteristics of the persons being educated.

Chapter 3 Fertility Regulation

Article 11 advocates age-appropriate marriage and childbearing, and eugenics and eugenics. A couple can have three children. A couple who has given birth to three children, and if one of their children is diagnosed as disabled and medically deemed fit to have another child, they can have another equal number of children. Children born before remarriage to remarried couples are not included in the combined calculation of the number of children in the current family. When a couple gives birth to another child, the adopted child is not included in the number of children born.

Article 12 If one spouse is a foreigner or a resident of the Hong Kong Special Administrative Region, a resident of the Macao Special Administrative Region, a Taiwan compatriot, an overseas Chinese, a returned overseas Chinese, or a person studying abroad, the relevant national regulations shall apply.

Article 13: Implement the national vital registration management system and improve the population monitoring system and population forecast and early warning system covering the entire population and the entire life cycle. Relevant departments of people's governments at or above the county level should strengthen collaboration, promote the sharing of basic information resources on population services, and promote the joint handling of matters such as birth medical certificates, childhood vaccinations, household registration, medical insurance participation, and social security card applications.

Article 14: If an organization with statutory appraisal qualifications confirms in accordance with the prescribed procedures that a couple of childbearing age suffers from severe hereditary mental illness, congenital intellectual disability, or a medically deemed unsuitable childbearing disease, their guardian shall Responsible for implementing birth control or sterilization measures.

Article 15 prohibits discrimination and abuse against women who are infertile or who give birth to female babies. Discrimination, abuse, and abandonment of female infants are prohibited.

Chapter 4 Family Planning Services

Article 16 People’s governments at or above the county level shall increase investment in the construction of maternal and child health care institutions, increase the supply of high-quality maternal and child health care resources, and ensure the Maternal and child health.

People's governments at all levels and their relevant departments and medical and health institutions should publicize and popularize scientific knowledge on eugenics and postnatal care, prevention of birth defects, etc., strengthen marriage and childbearing consultation and guidance, carry out reproductive health services such as marriage, pregnancy, childbirth, and childbirth, and standardize infertility services. Diagnosis and treatment of fertility diseases, gradually implementing free premarital examinations, preventing mother-to-child transmission of AIDS, promoting hospital delivery and breastfeeding, promoting prenatal and postnatal care, and improving the quality of the birth population.

Article 17: Couples of childbearing age can independently choose contraceptive and birth control measures to prevent and reduce unwanted pregnancies. Couples of childbearing age who practice family planning can enjoy basic family planning technical services stipulated by the state free of charge.

Article 18 If a couple who undergoes sterilization measures, due to special circumstances such as the death of a child, meets the conditions specified in these regulations and requires to have a child, the couple shall apply, and the application shall be subject to review by the health department of the county-level people's government. , recanalization surgery can be performed free of charge. The cost of surgery shall be borne by the health department of the county-level people's government.

Article 19 Couples of childbearing age who implement family planning in rural areas shall enjoy free basic family planning technical services, and the required funds shall be guaranteed by special funds arranged by finance at all levels. Couples of childbearing age who implement family planning in cities and towns enjoy free distribution of contraceptives and other services. If they receive contraceptive and birth control technical services and participate in basic medical insurance or maternity insurance, the social insurance fund will pay for them as a whole; if they do not participate in the above insurance, there will be For those who work in a work unit, the payment shall be borne by the unit where they work; if there is no work unit, the payment shall be paid from the free basic project funds for family planning technical services arranged by finance at all levels.

Article 20: Medical and health institutions that perform contraceptive and birth control surgeries must have corresponding conditions for performing the surgeries. Personnel who perform contraceptive and birth control surgeries must pass the assessment of the competent department of the people's government at or above the county level and hold a certificate to work. Surgical units and performers should strictly abide by laws, regulations, rules, technical routines, professional ethics and management systems related to practice, and ensure the health and safety of recipients. If surgery is performed in violation of regulations and results in adverse consequences, the responsible person shall be held accountable in accordance with the law. Individual medical institutions are prohibited from performing family planning surgeries. If it is confirmed by the family planning technical appraisal organization at or above the county level that it is a complication or sequelae caused by family planning surgery, free treatment shall be provided in accordance with relevant national regulations. During the treatment period, those who have a job unit will receive their wages and bonuses as usual; urban unemployed residents whose families have difficulties must be included in the scope of minimum living security in a timely manner; rural residents whose families have difficulties must be provided with social relief by the local civil affairs department. Medical accidents caused by family planning surgery shall be carried out in accordance with relevant national regulations.

Article 21 The competent health authorities of the people’s governments at or above the county level shall organize, supply, distribute and manage family planning medicines, and coordinate with administrative departments such as market supervision and management to regulate the supply, distribution and management of family planning medicines. Supervise and inspect business activities. The family planning medicine management agencies affiliated to the health authorities of the people's governments at or above the county level are responsible for the service and management of the free distribution of family planning medicines and supplies in their respective administrative regions. Encourage and support the research, application and promotion of new family planning technologies and new medical devices.

Article 22 People’s governments at or above the county level shall organize administrative departments such as health and market supervision and management to regularly conduct inspections on the use of ultrasound technology, artificial termination of pregnancy surgeries, and the sale and use of pregnancy termination drugs. Supervise work. Establish an ultrasound technology use access and professional qualification certification system, improve ultrasound technology inspection, artificial termination of pregnancy registration, pregnancy testing, pregnancy and childbirth process management and other systems, and implement a pregnancy termination drug prescription management system.

Article 23 It is strictly prohibited for any institution or individual to use ultrasound technology and other technical means to conduct non-medically necessary fetal gender identification or gender-selective artificial termination of pregnancy. It is strictly prohibited for any unit or individual to organize, introduce, or coerce pregnant women to undergo non-medically necessary fetal gender identification or gender-selective artificial termination of pregnancy. Drug production and wholesale enterprises are strictly prohibited from selling pregnancy termination drugs to institutions and individuals that are not qualified to perform pregnancy termination surgeries. Drug retail companies are strictly prohibited from selling pregnancy termination drugs.

Chapter 5 Rewards and Social Security

Article 24 establishes special funds for rewards and support for population and family planning. Special funds are raised through government appropriations, social donations and other channels. Mainly Used for family planning incentives and support guarantees.

Article 25 People’s governments at or above the county level shall implement active childbearing support measures, improve supporting policies such as finance, taxation, insurance, education, housing, and employment, and reduce the burden of family childbirth, childcare, and education.

Article 26 People’s governments at or above the county level shall incorporate infant care services into economic and social development plans, and urban and rural community construction and renovation and newly built residential (small) areas shall plan and construct infant activity venues and supporting facilities. service facilities. Special plans for each industry sector should develop measures that are beneficial to infant and child care. Public places and employers with a large number of female employees should configure maternal and infant facilities in accordance with regulations to provide convenient conditions for infant care and breastfeeding.

Article 27 People’s governments at or above the county level shall take planning, land, housing, finance, finance, talent and other measures to promote the establishment of an inclusive childcare service system and improve the availability of services to infant and young child families. and fairness. People's governments at or above the county level should support the development of the childcare service industry and build exemplary public childcare institutions that serve as guidance; encourage and guide social forces to establish childcare service institutions; increase the coverage of inclusive kindergartens and encourage kindergartens to appropriately extend their stay in the kindergarten duration, supporting kindergartens and government agencies, enterprises, institutions, and communities to provide childcare services. Encourage and support employers to negotiate in accordance with the law to determine flexible leave and flexible working methods that are beneficial to female employees taking care of infants and young children. Encourage qualified places to establish childcare subsidy systems.

Article 28 People’s governments at or above the county level shall promote the standardized development of childcare services and strengthen safety supervision. Childcare institutions should ensure the safety and health of infants and young children, and their settings and services should comply with relevant standards and specifications for childcare services. Establish and improve the registration and filing system for childcare institutions.

Article 29: Encourage and support colleges and universities and vocational schools to cultivate professional talents in infant care services.

Article 30 People’s governments at or above the county level shall strengthen support and guidance for family infant care and enhance families’ scientific child care capabilities. Medical and health institutions should provide services such as newborn visits, dietary nutrition, growth and development, vaccination, safety protection, and disease prevention and control to families with infants and young children in accordance with regulations.

Article 31: Women who give birth in compliance with laws and regulations, in addition to the maternity leave stipulated by the state, will receive an additional 60 days of maternity leave, and their spouses will enjoy 15 days of nursing leave; each parent of an infant under 3 years old shall receive an additional 60 days of maternity leave per year. Enjoy a total of 10 days of parental leave. Couples who get married in compliance with legal provisions can extend their marriage leave in addition to the state-stipulated marriage leave. Specific measures will be formulated by the provincial people's government. For those who undergo birth control surgery, their workplaces shall provide them with proof of birth control surgery, provide them with holidays in accordance with relevant regulations, and pay them wages and bonuses during the holidays. Marriage leave, maternity leave, nursing leave and childcare leave are regarded as attendance, and wages and bonuses are paid as usual. People's governments at or above the county level should protect women's legitimate rights and interests in employment and provide employment services for women whose employment is affected by childbirth. During pregnancy, childbirth and breastfeeding, women enjoy special labor protection and can receive assistance and compensation in accordance with relevant national regulations. Encourage the establishment of a corporate holiday labor cost sharing mechanism that is jointly borne by the government, enterprises, and individuals.

Article 32 The maternity medical expenses and maternity allowances of insured female employees who give birth in compliance with laws and regulations shall be included in the payment scope of maternity insurance benefits, and shall be paid in full and in a timely manner in accordance with regulations. We will ensure the cost of maternity medical expenses for urban and rural residents’ basic medical insurance participants and reduce the burden of maternity medical expenses. After the newborn is born, register for basic medical insurance and be exempted from the insurance fee for the year of birth. From the date of birth, the newborn will enjoy the benefits of basic medical insurance for the year of birth. Support insurance institutions in developing childcare liability insurance and insurance related to the operation of childcare institutions.

Article 33 During the period when the state encourages a couple to have one child, if the couple voluntarily only has one child for life, they will be issued an "Only Child Parents Honor Certificate" and continue to enjoy the following preferential treatment: (1) From the month when the certificate is obtained until the only child reaches 14 years old, the only child health care fee will be paid no less than 10 yuan per month or no less than 1,500 yuan in one go. If both spouses have a work unit, each spouse's unit shall bear 50% of the compensation; if one spouse has a work unit and the other spouse does not have a work unit, the unit of the spouse who has a work unit shall bear the full amount; both husband and wife are rural residents, urban residents, etc. For unemployed residents or individual industrial and commercial households, the payment shall be organized by the people's government of the township (town) or the sub-district office where the household registration is located, and the required expenses shall be included in the local financial budget.

(2) If the parents of an only child are employees of state agencies, institutions or enterprises, they will be given family planning incentives upon retirement in accordance with relevant regulations of the provincial government. (3) If the parents of an only child are rural residents or unemployed urban residents, have lost the ability to work, and have real difficulty in supporting their children, they shall be provided with pension security, which shall not be lower than the local average living standard. Specific measures shall be formulated by the people's government at the county level. (4) Rural one-daughter households who receive the "Certificate of Honor for Parents of Only Children" will not only enjoy preferential treatment for only children, but also receive a one-time bonus from the special funds for population and family planning incentives. (5) Give priority to one-child families in issuing loans, social relief funds and materials, and providing projects, technology, and training. When allocating collective welfare in rural areas and adjusting responsibility fields, self-reserved hills, and self-reserved land, the share of only children is calculated as two children. Those who have received the "Honorable Certificate for Parents of Only Children" and have another child shall have their "Certificate of Honor for Parents of Only Children" cancelled, and stop enjoying the preferential treatment for parents of only children.

Article 34: Establish and improve a support system for the elderly in family planning families. Give necessary priority and care to family planning families in terms of welfare, social assistance, and elderly care services for the elderly. During the period when the state encourages a couple to have one child, those who should enjoy incentives and assistance for the elderly in family planning families according to regulations will continue to enjoy relevant incentives and assistance. For caregivers and dependents who take care of disabled or sick elderly people who are hospitalized, the employer shall provide convenience and provide a total of no less than 10 days of care time per year; for only children who take care of disabled or sick elderly people who are hospitalized, The total nursing time should be no less than 15 days per year. The period of nursing care is regarded as attendance, and wages and bonuses are paid as usual. Persons with complications from family planning surgery at level 3 or above shall enjoy special support in accordance with relevant national and provincial regulations.

Article 35: Couples who have obtained the "Certificate of Honor for Parents of an Only Child" will receive assistance in accordance with regulations if their only child is accidentally disabled or dies. People's governments at or above the county level should establish and improve a comprehensive assistance and security system for the above-mentioned groups such as economic assistance, pension security, medical security, assistance and care, and spiritual comfort.

Chapter 6 Legal Responsibilities

Article 36 If there are any provisions in laws or regulations in violation of these Regulations, such provisions shall prevail.

Article 37: Anyone who uses ultrasound technology and other technical means to conduct non-medically necessary fetal gender identification or gender-selective artificial termination of pregnancy for others will be ordered to make corrections and given a warning by the health authorities in accordance with their authority. , Confiscate illegal income; if the illegal income exceeds 10,000 yuan, a fine of not less than 2 times but not more than 6 times of the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed; the circumstances If it is serious, the practicing certificate will be revoked by the original issuing authority; if it constitutes a crime, criminal responsibility will be pursued in accordance with the law. Anyone who organizes, introduces, or coerces pregnant women to undergo non-medically necessary fetal gender identification or gender-selective artificial termination of pregnancy shall be severely punished in accordance with the provisions of the preceding paragraph.

Article 38 If drug production, wholesale, and retail enterprises illegally sell pregnancy termination drugs, the drug supervision and administration department of the people's government at or above the county level shall comply with the "Pharmaceutical Administration of the People's Republic of China and the State"