It has become a trend that public servants will no longer be expelled if they have exceeded the standard

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 It has become a trend that public servants will no longer be expelled if they have exceeded the standard


The surging news inquiry found that previously, the family planning regulations of Guangdong, Hainan, Ningxia and other places had deleted the provision that if one exceeds his or her birth, he will be expelled.

On May 31, 2018, the decision of the Standing Committee of the peoples Congress of Guangdong Province on Amending the regulations on population and family planning of Guangdong Province was adopted and took effect from the same day. According to the family planning regulations before the amendment, public officials will be expelled if they have extra students. However, according to the revised family planning regulations, the public servants who are over birth are facing administrative sanctions.

On September 30, 2018, the decision of the Standing Committee of Hainan Provincial Peoples Congress on Amending the regulations on population and family planning in Hainan Province was adopted and will come into force on October 1, 2018. According to the latest family planning regulations, if the state personnel exceed the standard, they will no longer be expelled if they exceed the standard. Instead, they should be punished according to law.

On June 9, 2020, the 20th meeting of the Standing Committee of the 12th National Peoples Congress of Ningxia Autonomous Region voted to amend the regulations on population and family planning of Ningxia Hui Autonomous Region. In this amendment, the content of the punishment of dismissing state functionaries for over birth is deleted, and it is revised to those who belong to state functionaries shall be punished according to law.

According to the previous report of surging news, on May 14, 2020, in response to the previous dismissal of public officials who had three children in Guangdong, the law working committee of the Standing Committee of the National Peoples Congress said that in 2019, according to the suggestions of citizen review, the legal work committee of the Standing Committee of the National Peoples Congress conducted a review and Study on the provisions of the local laws and regulations that overstepping means dismissal. According to the review and study, Chinas population development has shown a major turning point. Although the provisions of local laws and regulations, such as dismissing after overstepping and other strict control measures and punishments, have certain basis in the upper level law, but on the whole, they have not adapted to and are not in line with the spirit and direction of the party and the state on the reform and improvement of family planning service management, and should be timely adjusted and suggested The relevant parties studied and started the work of revision and improvement.

At the same time, the law working committee of the Standing Committee of the National Peoples Congress will further strengthen the filing and review of local legislation, pay close attention to the adjustment of family planning policy, study relevant legal issues in a timely and serious manner, and put forward countermeasures and suggestions for the state to promulgate the fertility policy in line with Chinas economic and social development strategy as soon as possible and revise and improve laws and regulations.

Previously reported:

Heavy weight! Guangxi revision of family planning regulations: public officials are no longer expelled for over birth!

Recently, the Standing Committee of the peoples Congress of the Autonomous Region adopted the decision on Amending the regulations on population and family planning of Guangxi Zhuang Autonomous Region (hereinafter referred to as the revised decision), which will come into effect on September 22. According to the revised regulations, all state functionaries will no longer be expelled from their posts.

Standing Committee of the peoples Congress of Guangxi Zhuang Autonomous Region

Notice

(No. 36 of the 13th session)

The decision of the Standing Committee of the peoples Congress of Guangxi Zhuang Autonomous Region on Amending the regulations on population and family planning of Guangxi Zhuang Autonomous Region, which was adopted at the 18th meeting of the Standing Committee of the 13th peoples Congress of Guangxi Zhuang Autonomous Region on September 22, 2020, is hereby promulgated and shall come into force as of the date of promulgation.

Standing Committee of the peoples Congress of Guangxi Zhuang Autonomous Region

September 22, 2020

Standing Committee of the peoples Congress of Guangxi Zhuang Autonomous Region

On Revising the population of Guangxi Zhuang Autonomous Region

(adopted at the 18th meeting of the Standing Committee of the 13th peoples Congress of Guangxi Zhuang Autonomous Region on September 22, 2020)

The 18th meeting of the Standing Committee of the 13th peoples Congress of Guangxi Zhuang Autonomous Region decided to amend the regulations on population and family planning of Guangxi Zhuang Autonomous Region as follows:

1u3001 The first paragraph of Article 8 is amended to read: the peoples governments at or above the county level shall, in accordance with the population development plan, formulate and organize the implementation of population and family planning programs.

2u3001 Article 9 is amended to read: the peoples governments at or above the county level shall, in accordance with the national economic and social development conditions of their respective administrative regions, incorporate the funds for population and family planning into the financial budgets at the corresponding levels, ensure the necessary funds required for the work of population and family planning, and gradually increase the overall level of investment in population and family planning funds.

3u3001 Urban sub district offices in Article 10, paragraph 1, Article 14, paragraph 1, Article 15, Article 17, paragraph 1, and Article 28 shall be amended as sub district offices.

4u3001 In Article 17, paragraph 1, delete within three months.

5u3001 The second item of the first paragraph of Article 19 shall be amended as follows: (2) the operation of placing and taking out intrauterine device and placing and taking out the subcutaneous implant and various medical examinations prescribed in the technical routine .

6u3001 Article 21 is amended to read: if couples of childbearing age who have undergone sterilization due to family planning need to undergo recanalization surgery, the funds required shall be paid in accordance with the channels prescribed in Article 19 of these regulations.

7u3001 The first and second paragraphs of Article 32 shall be revised to read: for rural one-child households, two daughter ligation households or families with special family planning difficulties during the period when the State encourages a couple to have one child, the annual basic medical insurance expenses of urban and rural residents shall be borne by the peoples Government at the county level where the household registration is located.

8u3001 In Article 39, administrative dismissal shall also be given according to law shall be revised to shall also be punished according to law.

9u3001 The word given according to law in Article 40 shall be amended to department.

In accordance with the regulations of the peoples Republic of China and the regulations of the peoples Republic of China of the peoples Republic of China and the regulations of the peoples Republic of China of the peoples Republic of China of the peoples Republic of China and the regulations of the peoples Republic of China on population planning of.

Regulations of Guangxi Zhuang Autonomous Region on population and family planning

Revised for the second time according to the decision on Amending the regulations on population and family planning of Guangxi Zhuang Autonomous Region at the 21st Meeting of the Standing Committee of the 12th peoples Congress of Guangxi Zhuang Autonomous Region on January 15, 2016

The third amendment was made in accordance with the decision on Amending 21 local laws and regulations such as the regulations of Guangxi Zhuang Autonomous Region on environmental protection issued at the 10th meeting of the Standing Committee of the 13th peoples Congress of Guangxi Zhuang Autonomous Region on July 25, 2019

catalog

general provisions

Chapter II Organization and Implementation

Chapter III fertility regulation

Chapter IV family planning technical services

Chapter V reward and social security

Chapter VII Legal Liability

Chapter VIII supplementary provisions

general provisions

Article 2 state organs, social organizations, enterprises, institutions and other organizations within the administrative region of the autonomous region, as well as citizens with household registration or living in the administrative region of the autonomous region, shall abide by and implement these regulations.

Article 3 the peoples governments at all levels shall lead the population and family planning work within their respective administrative areas and establish the responsibility system for the objective management of population and family planning work.

Administrative departments of health and health and their staff members shall be protected by law when performing their official duties according to law.

Article 5 the administrative departments of public health under the peoples governments at or above the county level shall be in charge of the work of population and family planning within their respective administrative areas.

Trade unions, Communist Youth League, womens Federation, Family Planning Association, individual workers Association, private enterprise association and other social organizations, enterprises and institutions, other organizations and citizens shall assist the local peoples Government in carrying out population and family planning work.

Radio, television, newspapers and magazines, Internet and other news media shall carry out public welfare publicity of population and family planning free of charge.

Article 6 in the work of population and family planning, the long-term mechanism of honesty and credit for family planning should be carried out, publicity and education should be given priority to, contraception should be given priority to, and regular work should be given priority to. Management according to law, village (resident) autonomy, high-quality service, policy promotion and comprehensive management should be implemented to control the population size, improve the quality of the population and improve the population structure.

Population and family planning work should be combined with economic development, with helping the masses to become rich through labor, and with building a civilized and happy family.

Population and family planning work should be combined with increasing womens educational and employment opportunities, improving womens health and improving their status.

Chapter II Organization and Implementation

Article 7 the peoples governments at or above the county level shall prepare the population development plans, population and family planning development plans for their respective administrative regions.

Population development planning should include controlling population size, improving population structure, promoting reproductive health, promoting eugenics and good breeding, improving population quality, increasing investment, improving safeguard measures, improving assessment and evaluation, and promoting administration according to law.

When formulating social and economic policies related to population development, the departments under the peoples governments at or above the county level shall solicit the opinions of the administrative departments of health and health at the same level.

Article 10 Township Peoples governments and sub district offices shall have institutions and staff suitable for population and family planning work; village (resident) peoples committees shall have special personnel in charge of population and family planning work.

In the population and family planning work of state organs, social organizations, enterprises and institutions and other organizations, the responsibility system of the legal representative or the main person in charge shall be implemented to ensure the personnel and funds needed for the population and family planning work, and shall be subject to the supervision and management of the administrative Department of health and health.

Article 11 the system of population information sharing shall be established.

Article 12 rural villagers committees and urban residents committees shall incorporate family planning work into the content of village (resident) peoples autonomy and implement various family planning systems and measures.

The village (resident) committee may include family planning in the autonomous constitution, village regulations and residents conventions.

The village (resident) committee may sign a family planning contract (agreement) with the villagers (residents) to clarify the rights, obligations, rewards and support contents.

Article 13 a couple shall be encouraged to have two children, and illegal childbearing shall be prohibited.

uff081uff09 One of the remarried couples has given birth to two children (including adoption according to law, the same below) before remarriage, and the other party has not had children;

uff083uff09 A remarried couple who has given birth to two children before remarriage and the other has given birth to one child, but has not given birth after remarriage;

uff084uff09 If a couple has two children, one of whom is confirmed as a disabled child by medical experts organized by the health administrative department of the Municipal Peoples government divided into districts and can not grow into a normal labor force and is medically considered to be able to have another child;

uff087uff09 Other special circumstances prescribed by laws, regulations and the peoples Government of the autonomous region.

If a husband and wife have only one child due to the death of their children, they may arrange to have one child on their own; if a couple has no children due to the death of their children, they may arrange to have two children on their own.

If a remarried couple has already given birth to one child before remarriage, they may arrange to have one child on their own.

If one of the husband and wife is registered in the autonomous region and the other party is registered in other provinces, autonomous regions or municipalities directly under the central government, it shall be applied in accordance with the principle of benefiting the parties concerned.

The Township Peoples government or sub district office shall, within 15 working days from the date of accepting the application, make a decision on whether or not to approve the application; if the application is not approved, the reasons shall be explained in writing.

The Township Peoples government or sub district office shall, within 20 working days from the date of making the approval decision, report to the administrative department of health and health of the peoples government at the county level for the record.

Chapter IV family planning technical services

Article 16 health and civil affairs departments shall, in accordance with their respective functions and duties, popularize scientific knowledge of eugenics and eugenics, reproductive health, contraception and birth control, establish and improve the intervention service system for birth defects such as pre marital medical examination, pre pregnancy examination and maternal health care, so as to prevent and reduce the occurrence of birth defects and improve the quality of the birth population.

Article 17 couples who have children in accordance with the provisions of Article 13 or the second and third paragraphs of Article 14 of these Regulations shall, before or after childbirth, register with the Township Peoples government or neighborhood office in the place where one partys household registration is located or the current residence, and receive the family planning service manual free of charge.

Couples who meet the provisions of paragraph 1 of Article 14 of these Regulations shall receive the family planning service manual free of charge while receiving the reproductive birth certificate.

The family planning technical services and contraceptives provided to citizens shall be safe and effective and meet the quality and technical standards set by the state.

uff081uff09 Monitoring of pregnancy and environmental conditions;

uff082uff09 The technique of removing and placing intrauterine device and the regulations of removing and placing intrauterine device;

uff083uff09 Induced abortion, induced labor and technical routine medical examination;

uff084uff09 Tubal ligation, vasectomy and other medical examinations required by technical routine;

uff085uff09 Diagnosis and treatment of complications of family planning operation.

The funds required in the preceding paragraph are required to participate in the basic medical insurance (maternity insurance) of urban and rural residents and meet the payment scope of the fund, It shall be paid from the basic medical insurance (maternity insurance) fund of urban and rural residents; the remaining self paid part after payment, and those who have not participated in the basic medical insurance (maternity insurance) of urban and rural residents shall be arranged by the financial departments of the peoples governments at all levels in accordance with relevant provisions.

Article 20 the administrative department of health shall do a good job in the organization, supply, distribution and management of family planning drugs and appliances, and cooperate with the administrative departments of market supervision and management, medical security and other administrative departments in the supervision and control of the operation of family planning drugs and appliances.

The administrative agencies for family planning drugs and appliances under the administrative department of health shall be responsible for the administration and service of free distribution of family planning drugs and appliances within their respective administrative areas.

Article 21 If a husband and wife of childbearing age who underwent sterilization due to family planning need to undergo recanalization surgery, the funds required shall be paid in accordance with the channels specified in Article 19 of these regulations.

Article 22 medical accidents occurred in family planning technical services shall be dealt with in accordance with the relevant provisions of the state.

The diagnosis, identification and management of the complications of family planning surgery shall be handled in accordance with the relevant state regulations on the appraisal and management of complications of family planning operations.

Article 23 the peoples governments at or above the county level shall support and encourage family planning scientific research institutions and relevant units undertaking family planning scientific research and technical services to carry out basic research, application research and popularization of new family planning technologies and new medicines.

Chapter V reward and social security

The peoples governments at or above the county level shall implement various family planning incentive, preferential treatment, support and assistance policies.

The maternity allowance during maternity leave shall be paid according to the relevant provisions of maternity insurance; for those who do not participate in maternity insurance, they shall be paid by the unit with reference to the maternity insurance standard.

Article 26 the minimum living security fund for families who have received the certificate of honor for parents of only child and enjoy the minimum living security treatment shall be increased by one grade; if the family has reached the highest level, it shall be increased by 10% of the highest standard.

Article 27 If an employee undergoes birth control surgery, his / her work unit shall, on the strength of the birth control operation certificate, give him / her leave in accordance with the relevant provisions; the wages, allowances, subsidies, bonus and other welfare benefits during the leave period shall not be deducted.

Article 28 If, during the period when the State encourages a couple to give birth to only one child for life, they shall, upon application by themselves and with the approval of the Township Peoples government and sub district offices, issue a certificate of honor for parents of one child and, in accordance with relevant regulations, issue health care fees to the only child until the child reaches the age of 18.

Article 29 If a husband and wife who has given birth to a child in accordance with the provisions of laws and regulations has difficulties in raising a baby after the expiration of the maternity leave period, he / she shall file an application and, with the consent of the unit to which he / she belongs, be entitled to breast-feeding leave of six to twelve months; during the period of breast-feeding leave, 80% of his / her total wages, allowances and subsidies shall be approved and issued; the employees who enjoy breast-feeding leave shall not affect the promotion, wage adjustment and calculation working years.

Article 30 the only child shall enjoy preferential care with the certificate of honor of the parents of the only child in the aspects of entering nursery school, entering the kindergarten, entering school, entering a higher school, seeking medical treatment and employment.

Article 31 When an employee who implements family planning during the period when a couple has one child is advocated by the state to retire, an additional pension shall be issued according to the following provisions, and the additional pension shall not exceed the total amount of his original salary:

uff081uff09 Employees who have only one child or adopt one child according to law, and those who have not given birth to children after marriage shall receive an additional 5% of their pension upon retirement;

uff082uff09 For employees who meet the conditions for giving birth to a second child and have only one child, the method for awarding the pension shall be separately formulated by the peoples Government of the autonomous region.

For urban residents who do not enjoy the reward mentioned in the preceding paragraph, if they have only one child in their lifetime and have received the certificate of honor for parents of only child, when the male reaches 60 years old and the female reaches 55 years old, the reward shall be paid each month according to 5% of the average monthly standard of the basic pension for enterprise retirees in the whole region in the previous year.

Organs, social organizations, enterprises, institutions and other organizations that implement the endowment insurance system shall be implemented in accordance with the relevant provisions of the state and the autonomous region.

Article 32 the basic medical insurance expenses of urban and rural residents paid annually by the peoples government at the county level shall be borne by the peoples government at the county level at the place where the household registration is located, for the rural only child household, the family with double daughter ligation and the family with special family planning difficulties during the period when a couple has one child.

If a single child family in rural areas, a family with two daughters who are born according to law or a family with special difficulties in family planning participate in the basic endowment insurance for urban and rural residents during the period when the State encourages a couple to give birth to one child, the basic endowment insurance premiums paid by individuals for urban and rural residents shall be paid in full or partially subsidized by the peoples government at the county level where the household registration is located.

Chapter VI Management Measures

Article 35 The administrative departments of public health under the peoples governments at or above the county level shall, when performing their duties of supervision and inspection, have the right to take the following measures:

uff082uff09 Collect evidence materials related to illegal family planning activities from relevant units;

uff083uff09 Visit and inquire the insiders;

uff084uff09 The party concerned shall be ordered to correct the illegal act of family planning.

Article 37 If one of the following circumstances is difficult to identify, the administrative department of health and health may require the party concerned to make a paternity appraisal:

uff081uff09 Giving birth to children in violation of the provisions of these regulations;

uff082uff09 Having children by evading laws and regulations;

In case of illegal childbirth, the appraisal fee shall be borne by the party concerned.

Article 38 If a child has a second child or adopts a child after receiving the certificate of honor for parents of only child, the treatment of the only child originally enjoyed by the child shall be stopped, the certificate already received shall be cancelled, and the bonus and health care fee for the only child shall not be recovered.

Article 39 If any of the following acts is committed, the administrative department of health and health of the peoples government at the county level shall collect social maintenance fees according to law; if a state functionary is a state functionary, he shall also be given disciplinary sanctions according to law, and other personnel shall also be given disciplinary sanctions by the unit or organization to which he belongs:

uff082uff09 Giving birth to children in the form of adoption to evade laws and regulations;

uff084uff09 Having children out of wedlock.

Article 40 those who meet the conditions for reproduction as stipulated in the first paragraph of Article 14 of these regulations and give birth to children without applying for a reproductive certificate shall be fined not less than 500 yuan but not more than 1000 yuan by the administrative department of health under the peoples government at the county level.

Article 42 Anyone who evades family planning laws and regulations, instructs others or substitutes to take part in pregnancy examination, appraisal of sick and disabled children, family planning operation and operation complication appraisal shall be fined not less than 5000 yuan but not more than 10000 yuan per time by the health administrative department of the peoples government at the county level according to its functions and powers.

uff081uff09 Refusing or hindering population and family planning personnel from performing their official duties or gathering people to disturb the work order of state organs;

uff082uff09 Insulting, slandering, retaliating against population and family planning workers or deliberately destroying their property, thus seriously interfering with the normal life and production of their families;

uff083uff09 Maltreating a woman who has given birth to a baby girl or a woman who does not give birth;

uff084uff09 Other activities that undermine family planning.

Article 44 If the circumstances of illegal childbirth are serious, they shall not be recruited (employed) as state functionaries.

Article 45 Any functionary of a state organ who commits one of the following acts in the family planning work, which constitutes a crime, shall be investigated for criminal responsibility according to law; if it does not constitute a crime, administrative sanctions shall be imposed according to law; if there are illegal gains, the illegal gains shall be confiscated:

uff081uff09 Infringing upon citizens personal rights, property rights and other legitimate rights and interests;

uff082uff09 Abuse of power, dereliction of duty, favoritism and malpractice;

uff083uff09 Demanding or accepting bribes;

uff084uff09 Intercepting, withholding, misappropriating or embezzling family planning funds or social maintenance fees;

uff085uff09 Falsifying, concealing, falsifying, altering or refusing to report population and family planning statistics.

Chapter VIII supplementary provisions

Article 46 These Regulations shall come into force as of June 1, 2012. The regulations of Guangxi Zhuang Autonomous Region on population and planned parenthood adopted at the 31st meeting of the Standing Committee of the Ninth Peoples Congress of Guangxi Zhuang Autonomous Region on July 27, 2002 and amended at the eighth meeting of the Standing Committee of the Tenth Peoples Congress of Guangxi Zhuang Autonomous Region on June 3, 2004 shall be repealed at the same time.

According to reports, because the family planning policy is still in the state of constant adjustment, this revision is based on the principle of what can be changed but not changed, and try not to change to ensure the stability and continuity of the implementation of population and family planning policy in Guangxi.

In order to facilitate the masses to handle the birth registration, the amendment decision deleted the birth registration period of within three months after childbirth. As for the procedure of birth registration, the revised regulations make it clear that couples who can have their own children according to law can register with one partys household register, ID card, marriage certificate and other relevant documents before or after childbirth to register at the local peoples government or sub district office where one partys household registration is located or where the current residence is, and get the family planning service manual free of charge.

In order to adapt to the adjustment direction of Chinas population and family planning reform and Guangxis population development situation, and at the same time implement the relevant opinions of the law working committee of the Standing Committee of the National Peoples Congress, it was revised and decided to amend the original regulation that administrative dismissal punishment shall be given according to law to punishment shall be given according to law in the original regulations concerning the personnel who have been charged social maintenance fees according to law.

The revised decision also revised the restriction conditions for illegal childbearing persons to be employed as state functionaries, deleted the original restriction period that illegal childbirth is not allowed to be employed as state functionaries within seven years from the date of the completion of the processing decision if the illegal childbirth is serious, it shall not be registered (employed) for state work Personnel .

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