深圳经济特区计划生育管理办法（暂行） Order of the Shenzhen Municipal People’s Government
颁布日期：20040826 实施日期：20040826 颁布单位：深圳市人民政府
Measures of the Shenzhen Special Economic Zone on the Administration of Birth Control was deliberated and adopted at the 76th Executive Meeting of the Municipal People‘s Government on February 26， 1994， is now promulgated， and will take effect as of the date of promulgation.
May 19， 1994
Measures of the Shenzhen Special Economic Zone
on the Administration of Birth Control
（Promulgated by Order No. 26 of the Shenzhen People‘s Government
on May 19， 1994， revised according to Order No. 135 of the Shenzhen People‘s Government on August 26， 2004）
Chapter I General Provisions
Article 1 In order to strengthen the administration of birth control in the Shenzhen Special Economic Zone （hereinafter referred to as “the Special Zone”）， effectively control the increase in population， and improve the quality of population， these measures are hereby formulated in accordance with the related law and regulations and in the light of the practical conditions of the Special Zone.
Article 2 These measures shall apply to the work of birth control in government offices （including the agencies of the central and other local governments stationed in the Special Zone）， social organizations， enterprises and institutions， grass-roots organizations and other organizations.
The citizens registered as a permanent resident or a temporary resident of the Special Zone shall abide by the related rules of these measures.
Article 3 The people‘s governments at various levels of the Shenzhen Municipality shall bring birth control plans into the line with the overall plans of the national economic and social development of their respective jurisdictions， and put in practice a responsibility system of management of population and birth control by objectives. The chief officers of the people’s governments at various levels shall be the first responsible persons for implementation of the population plans of their respective jurisdictions. To have the population plan fulfilled and the birth control well done shall be an important requirement in the assessments of achievements reached by the people‘s governments at various levels and their leaders.
Article 4 Both parties of a married couple shall have an obligation of birth control.
The right of a citizen to have birth control shall be protected by law.
Chapter II Administrative Offices and Their Duties
Article 5 The departments of birth control of the municipal， district people‘s governments （hereinafter referred to as the municipal， district departments of birth control） shall be the functional departments in charge of birth control， and shall execute the following administrative duties：
（1） to propagate and carry out the law， regulations and rules of the state on birth control， and organize the implementation of these measures in their jurisdictions；
（2） to direct the township， neighborhood offices of birth control in their work， supervise and ensure the implementation of the responsibility system of management of population and birth control by objectives；
（3） to cooperate with the planning departments of governments in making long-term， mid-term and annual plans；
（4） to spend the financially-allocated birth control funds in a reasonable way， strengthen the administration of collecting of the unplanned birth fees and administration fees of floating population‘s birth control；
（5） to join the administrative departments of health in strengthening the administration of the medical organizations providing the services of birth control， and provide guarantees for safe， effective birth and birth control；
（6） to join the departments of public security， industrial and commercial administration， labor， etc. in strengthening the administration of the birth control of temporary residents， and take active， effective measures to strictly control the increase in population；
（7） to direst the work of the institutions and social groups related to birth control such as service centers for birth control， birth control associations， foundations of population and welfare， etc.；
（8） to train the birth control personnel；
（9） the other functions delegated by law， regulations， rules.
Article 6 The governments at various levels shall take practical and feasible
measures according to their respective administrative duties and cooperate with the departments of birth control to have the work of birth control well done.
Article 7 Various township people‘s governments， neighborhood offices shall be responsible for the specific implementation of birth control administration in their respective jurisdictions.
Residents committees and villagers committees shall， under the leadership of township people‘s governments， neighborhood offices， implement the birth control specifically in their respective jurisdictions.
Chapter III Administration of Birth Planning
Article 8 Birth planning shall be put into practice and unplanned birth shall be forbidden.
The municipal， district people‘s governments shall， in accordance with the population planning quota assigned by a people’s government of a higher level， work out the population plans of their respective jurisdiction in a unified way.
Article 9 Late marriage shall be advocated， and late childbirth shall be promoted. The late marriage shall mean being married for the first time at the age of more than 25 for a man， more than 23 for a women； the late childbirth shall mean having the first childbirth for a married woman at the age of more than 24.
Article 10 For urban residents， one married couple shall have only one child. In case of falling into one of the following categories， the second childbirth shall be allowed after the concerned person‘s application has been approved by the municipal， district departments of birth control：
（1） the municipal institution of medical appraisal of ill and disabled children has concluded that the first child cannot grow up to be a normal laborer due to non-hereditary deformity；
（2） one party of a remarried couple has had a childbirth， but another party has had no childbirth；
（3） each party of the remarried couple had a childbirth before the remarriage， their children have gone with their spouses as a result of divorce according to law， and they do not have any child in their newly formed family after the remarriage；
（4） an only son is married with an only daugher；
（5） having been engaged in operation of underwater work in the sea for more than 5 years and continued to do such work；
（6） a woman who had not been pregnant for 5 years after the marriage and regarded as suffering sterility through diagnosis by a medical institution at a level higher than district （county） is found pregnant after adopting a child according to law；
In the first five categories of the above section， the interval of two childbirths
shall be four years.
Article 11 For rural residents， one child for one married couple shall be advocated. If there is a practical difficulty， the second childbirth may be allowed， but the following requirements shall be met：
（1） the interval between two childbirths shall be 4 years；
（2） an application shall be filed to the department of birth control at a level higher than district for approval；
（3） a childbirth contract shall be signed and a childbirth certificate shall be obtained.
If one party of a remarried couple has had two childbirths， there shall be no more
childbirth to be arranged.
Article 12 If one party of a married couple is an urban resident and the other party is a rural resident， their childbirth shall follow the rules of the female party‘s place of domicile on birth control. But if the female party who was originally a farmer has already registered as an urban resident making her own food arrangement or been employed as a contracted cadre， her childbirth shall follow the rules of birth control for urban residents.
Article 13 If a married couple who have already had one childbirth meet the prescribed conditions， they shall both jointly file an application， report to the neighborhood （township） office for examination and approval and obtain a childbirth certificate. The approving office shall report the outcome to a higher level office for record.
A married couple holding a childbirth certificate shall be allowed to have childbirth only after they have signed letters of guarantee for birth control and obtained a certificate.
Article 14 Township people‘s governments， neighborhood offices shall post the processed childbirth certificates and accept the masses’ supervision.
Article 15 Medical institutions shall do antenatal examinations and delivering of children for pregnant women with childbirth certificates. If a pregnant woman has no childbirth certificate， the medical institution shall report to the administrative departments of health or birth control， and assist the department of birth control to handle the case according to the related rules.
No unit and individual shall identify the gender of a fetus without authorization.
Article 16 If a district- or higher level medical institution has diagnosed a person‘s serious hereditary disease or other diseases which suggest from the perspective of medical science that this person should not have childbirth， the measures of birth control shall be implemented after the marriage and the childbirth shall be forbidden； if the pregnancy occurs， it shall be stopped.
Article 17 All the married persons who want to transfer， move in shall bring the certificates of their implementation of birth control or the childbirth certificates issued by the departments of birth control of their original places of domicile； only after the related departments have verified these certificates shall their transfer， moving in be processed.
Article 18 If a person of childbearing ages registered as a permanent resident of the Special Zone has to temporarily leave the Special Zone， this person shall apply and obtain a birth control certificate from the township people‘s government or neighborhood offices of the place of domicile before departure. If a person who violated the birth control has refused to accept a sanction， the sanction shall be accepted before departure.
Chapter IV Measures of Birth Control
Article 19 A married couple who are fertile but have no childbirth certificate shall take measures of birth control. Contraception shall be the primary choice as a measure of birth control. A woman who has already had one child born shall have an intrauterine device planted， as for a married couple who have two or more children born， one party shall have an operation of ligation.
If a township- or higher level hospital or a technological institution of birth control has proved that it is not suitable for a woman of childbearing ages to have an intrauterine device planted， this woman may take other measures of birth control.
Article 20 If there is one of the following situations， one party or both parties of a married couple of childbearing ages shall postpone ligation， and take other measures of birth control：
（1） the female party has had an intrauterine device planted for more than 5 years；
（2） a couple have never failed in comprehensive measures for birth control and their children have already been 7 years old；
（3） a township- or higher level hospital has proved that it is not suitable for both parties to have an operation of ligation；
（4） the ligation postponement has been approved by a birth control department at the level higher than township because of other special situations.
Article 21 When a hospital certifies that a person has accepted a birth control
operation， the unit that this person is affiliated with shall follow the following rules and give allowances according to the prescribed standards：
（1） in case of planting an intrauterine device， a 3-day leave from the date of operation shall be granted， and no heavy physical labor shall be assigned in 7 days after operation；
（2） in case of vasoligation， a 7-day leave from the date of operation shall be granted； in case of ligation of oviduct， a 21-day leave from the date of operation shall be granted；
（3） in case of abortion in less than three months of pregnancy， a 15-day leave from the date of operation shall be granted； in case of abortion after more than three months of pregnancy， a 42-day leave from the date of operation shall be granted.
In case of having two operations， the days of taking such a leave shall be the sum of the days to take leaves for two operations.
Article 22 If a birth control operation is done according to these measures， the operation fees shall be paid in compliance with the following rules：
（1） in case of participating in the employee medical insurance plan， the payment shall be made from the medical insurance plan；
（2） in case of not participating in the employee medical insurance plan， the payment shall be made by the unit the person who had operation is affiliated with；
（3） as for urban unemployed people and farmers， their operations fees shall be paid from the local birth control funds；
（4） If a person working for a government office or an employee of an enterprise or institution has a spouse as a rural resident and has had a birth control operation when visiting the spouse， the operation fees shall be paid by the unit which the person or the employee is affiliated with.
Article 23 A person taking a leave according to Article 21 of these measures
after accepting a birth control operation shall be entitled with a full pay， welfare benefits， and evaluation for a full attendance award in the days on leave.
Article 24 After a married couple of childbearing ages had a birth control operation， if there is a special situation such as the death of the child， etc. which are in line with the rules on birth control， they may apply on their own to a district- or higher level department of birth control for reduction of spermatic duct （oviduct）。
The expense of operation referred to in the above section shall be paid according to Article 22 of these regulations.
Article 25 If a municipal or district institution of technological appraisal of birth control has diagnosed a complication of birth control operation， a medical institution designated by the municipal or district department of birth control shall be responsible for treatment. The expense of the medical treatment shall be paid according to Article 22.
When a complication of birth control operation leads to a person‘s loss of ability to work， it shall be dealt with as an industrial accident if the person is a staff member of a government office or an employee of an enterprise or institution； if the person is one of the urban unemployed or other kind of people， the local people’s government shall give subsidies.
If a complication of birth control operation is caused by a medical accident， it shall be dealt with according to the state rules on medical accidents.
Article 26 A medical institution performing birth control operations and an institution of birth control services shall have the technological conditions for operations and obtain License of Birth Control Operations； the personnel performing birth control operations shall have Qualification Certificate of Birth Control Skills.
The medical personnel without Qualification Certificate of Birth Control Skills shall not independently perform a birth control operation； the non-medical personnel shall not perform a birth control operation.
Article 27 An institution of birth control services， an unit of medicine distribution and an unit approved to be engaged in distribution of birth control medicine and medicinal instruments shall abide by the rules on the distribution of birth control medicine and medicinal instruments， accept the unified administration and inspection of the municipal department of birth control， and shall not distribute fake， inferior or counterfeit medicine， medical instruments for birth control.
Chapter V Administration of Birth Control of Temporary Residents
Article 28 The birth control of temporary residents shall be administered jointly by the people‘s governments of the places of their registered permanent residence and current residence according to the related rules of the state.
The people‘s governments at various levels shall unitarily lead and coordinate the departments of birth control， public security， industrial and commercial administration， labor， health， construction， transportation， civil administration， finance， etc. in effectively strengthening the administration of the birth control of temporary residents of their respective jurisdictions and in comprehensively carrying out the birth control of temporary residents.
Article 29 If a person of childbearing ages without registered permanent residence in Shenzhen applies for working， engaging in business， temporarily staying within the Special Zone， a birth control certificate issued by the department of birth control of the place of the person‘s registered permanent residence shall be presented to the township people’s government or neighborhood office of the place of the current residence for verification.
The township people‘s government or neighborhood office， after verifying the birth control certificate， shall register and issue a verification certificate. If there is no birth control certificate presented or the birth control certificate is not complete， the verification certificate of birth control shall not be issued.
Article 30 When examining and approving a temporary residence permit， business license， and work permit， the departments of public security， industrial and commercial administration， labor， etc.， shall first check the verification certificate of birth control issued by the township people‘s government or neighborhood office of the place of current residence and then process the examination and approval.
An employing unit or employer shall not employ a temporary resident who has not gone through the formalities of verification of birth control.
Article 31 If a temporary resident wants to have childbirth in the Special Zone， the childbirth certificate issued in the place of registered permanent residence shall be brought to the department of birth control of the place of current residence for verification before childbirth.
Article 32 The expense of the birth control operation of a floating person shall be paid by the employing unit or employer； as for a person who has no employing unit， the expense shall be paid from the birth control administration fund of the place of current residence.
Article 33 If a temporary resident has violated the rules on birth control administration， the township people‘s government， neighborhood office and other related departments shall inflict a punishment according to the related rules of these measures.
If a temporary resident has already been punished in the place of registered permanent residence because of violation of the regulations on birth control， there shall be no more punishment in the place of current residence for the same violation.
Chapter VI Preferential Treatment and Awards
Article 34 If the staff members of government offices， the employees of enterprises and institutions （including contract workers， the same below） have the late marriage， 10 days shall be added to their marriage leave； if they have the late childbirth， 15 days shall be added to their maternity leave. As for farmers and other people who have the late marriage an late childbirth， the people‘s governments of the district and township where they are residents shall give commendation and awards.
Article 35 The persons who have obtained Certificate of Only Child shall enjoy the following preferential treatments：
（1） if both parties of a married couple are the staff members of government offices in post or the employees of enterprises and institutions， a health subsidy of no less than 30 RMB per month shall be granted from the date of issuance of the certificate until the date when the child is 14 years old， and the units which the couple are affiliated with shall bear this expense by 50% for each unit； if one party is the staff member of a government office or the employee of an enterprise or institution and the other party has no job， the unit which the staff member or the employee of an enterprise or institution is affiliated with shall bear all the expense for the subsidy； if both parties have no job， the neighborhood office shall have an overall plan to deal with this problem.
（2） if a puerperal woman applies for Certificate of Only Child in 3 months after childbirth， 35 days shall be added to the maternity leave prescribed by the state.
Article 36 If a person enjoys the marriage leave， the maternity leave according
to Articles 34， 35 of these measures， the unit which the person is affiliated with shall pay wages and full attendance awards， and the original welfare benefits shall not be affected.
Article 37 If a staff member of a government office or an employee of an enterprise or institution has had only one childbirth or adopted only one child without childbirth， the retirement pension shall be increased by 5% （except for those who have 100% of their wages as retirement pension）。 As for a staff member of a government office or an employee of an enterprise or institution who has no child， their retirement pension shall be 100% of their wages.
Article 38 Commendations and material awards shall be given to the people‘s governments at various levels and their chief officers who have completed the population plan of the current year， and the units and individual who are the role models in birth control and have had great achievements in the work of birth control.
The birth control awards of enterprises and institutions shall be calculated as 1.5% of the total standard wages of a unit‘s employees and paid as an annual budgetary expenditure of the unit； an enterprise may retain its birth control awards within 1/1000 of the current taxable earnings.
Article 39 As for a married couple who are both farmers having only one child or having a ligation operation after they have given birth to two daughters， the district， township people‘s governments shall work out appropriate measures for awards and old age insurance， establish and improve， in the light of the local conditions， the population foundation， etc. as a way to provide a preferential treatment for such kind of couple to have resources to live when they are old.
Chapter VII Punishment Provisions
Article 40 If there is violation of these measures by having an unplanned childbirth， the township people‘s government， neighborhood office and the unit where the childbirth occurs shall deal with the case according to the following rules：
（1） if urban residents have one unplanned childbirth， both parties of the couple shall be imposed on one-time unplanned childbirth fees of seven years which is calculated for each year as 50% of the average annual income of the local employees of the last year （the figure released by the statistics department of the district where the concerned party is a resident shall be taken as the standard）。 If there are more than one unplanned childbirth， the fees shall be multiplied by the number of unplanned childbirths. Both parties of the married couple shall have no promotion to a higher office， no promotion to a higher post， no promotion in professional and technological titles， no honor as an advanced individual， no employment to be a worker or a staff member of a government office， no awards （except the awards for scientific research achievements， invention， and special contributions） and allowance for living expenses， and no medical welfare for the children of unplanned birth. As for staff members of government offices or employees of enterprises and institutions， their units shall impose disciplinary sanctions of dismissal or discharge according to the seriousness of circumstances.
（2） if rural residents have one unplanned childbirth， both parties shall be imposed on one-time unplanned childbirth fees of seven years which is calculated for each year as 50% of the average annual income of local laborers within the township. If there are more than one unplanned childbirth， the fees shall be multiplied by the number of unplanned childbirths. Both parties of the married couple shall have no chance to be employed as a worker or a staff member of a government office， no chance to work in a village and township enterprise， no collective welfare benefits provided by the state and the collectives such as medical care， labor insurance， housing， free education and others.
（3） if the second childbirth occurs in less than 4 years which are the required interval， one-time unplanned childbirth fees of 1 to 3 years shall be imposed according to the years ahead of the prescribed date for the interval.
（4） if a married woman has the first childbirth when she has not reached the late childbirth age， the unplanned childbirth fees shall be levied until she is 24 years old；
（5） if a woman has a childbirth when she has not reached the legal age for marriage or has other illegitimate childbirth， the unplanned childbirth fees of 2 to 7 years shall be levied.
Illegal adoption of other person‘s child shall be dealt with as unplanned childbirth.
When the unplanned childbirth fee is levied， a notice of decision on fee collection
and an uniform receipt shall be issued.
Article 41 If one of the following acts has been taken， the municipal， district departments of birth control shall impose a fine of more than 5，000 but less than 20，000 RMB and suggest the related departments or units to inflict a disciplinary sanction on the doer：
（1） to hide the person violating the birth control rules so that the unplanned childbirth occurs；
（2） to lie， hide the truth in making reports on one‘s own childbirth；
（3） to gain by fraud， purchase the childbirth certificates；
（4） to identify the gender of a fetus without authorization；
（5） the non-medial personnel or medical personnel without Qualification Certificate of Birth Control Skills perform birth control operations or take out intrauterine devices without authorization；
（6） the medical personnel， birth control personnel or other related personnel take advantage of their posts to perform false birth control operations， conduct false medical appraisal or issue false certificates on ligation and other false birth control certificates.
If a social medical institution has violated Article 26 and taken the acts referred to
in the above-mentioned Items （5） or （6）， the municipal. district departments of birth control shall suggest the administrative department of health to revoke its Practicing License.
Article 42 If one of the following acts has been taken， the department of public security shall impose a fine of more than 5，000 but less than 20，000 RMB：
（1） to obstruct the birth control personnel from execution of public duties， interfere in and thwart the implementation of birth control measures， and cause serious consequences；
（2） to threaten， beat the birth control personnel or intentionally damage their property， and seriously disturb their normal family lives and production；
（3） to start a rumor to cheat the masses， instigate trouble， disturb the working order of birth control， destroy the property of the department of birth control；
（4） to forge， alter， steal and sell birth control certificates， official seals.
If the above-mentioned acts have violated the rules on management of public
security， the department may impose the administrative detention according to the regulations on punishment in respect to management of public security； if a crime has been constituted， the criminal responsibility shall be ascertained according to law.
Article 43 If a person who should take birth control measures has still refused to do so after education， the departments of birth control of the township， neighborhood where the person is a resident may collect in advance 500-3，000 RMB as a cash deposit for birth control， and order taking the birth control measures by a deadline. After the birth control measures have been taken， the deposit shall be returned.
Article 44 As concerns the employing unit or employer who has violated the second section of Article 30 of these measures， the local department of birth control shall impose a fine of 500 RMB per person according to the number of temporary residents employed without verifying the birth control certificate. If there is the second violation， the department of birth control may suggest the related responsible department to order stopping business for rectification.
As concerns the temporary residents of childbearing ages who have no birth control certificate or failed to present the birth control certificates after the deadline， the local department of birth control may impose a fine of more than 300 but less than 500 RMB per person， and order presenting the certificates by a deadline.
Article 45 As concerns the unit which has not made effective efforts to implement the regulations on birth control and failed in carrying out the responsibility system of birth control so that the unplanned childbirth occurred in that year， the department of birth control of the district where the unit is located shall impose a fine of more than 10，000 but less than 50，000 RMB according to the seriousness of circumstances， and investigate into the administrative responsibility of the related leaders and responsible persons of the unit according to law.
Article 46 In case of refusing to implement the birth control measures and to pay the unplanned childbirth fee or fine， the local department of public security， industrial and commercial administration， labor， etc. may take administrative measures such as temporarily seizure of the business license， driver‘s license， temporary residence certificate， work permit， etc.； the termination of a contract or a lease， lay-off， taking back a house shall be imposed on the temporary resident， the related unit and employer. The temporarily seized licenses and certificates shall be returned after the birth control measures have been implemented and the payment has been made.
Article 47 If the party concerned has refused to accept the decision on levying the unplanned childbirth fee or fine， an application may be filed for review to the office one level higher than that having made the decision on the unplanned childbirth fee or fine within 15 days from the date of receiving the notice on the levy or fine. The reviewing office shall make a decision of administrative review within 60 days from the date of receiving the application for review.
If the party concerned has refused to accept the penalty imposed by the related municipal department in charge， an application for review may be filed to the administrative review office of the municipal people‘s government.
If the party concerned has refused to accept a review decision， a legal action may be taken at the people‘s court within 15 days from the date of receiving the notice on review decision.
If the party concerned has failed either to apply for review or to take legal action against a review decision within the legal time limit， and continues to refuse the implementation of the related decision， the office making the decision may apply to the people‘s court for enforcement according to law.
Chapter VIII Supplementary Provisions
Article 48 Awards to the young couples of late marriage， the birth control personnel who have won the certificates of honor for the birth control work， and subsidies to the people who have accepted birth control operations shall be granted according to the appendix to these measures Standards of the Shenzhen Special Economic Zone for Birth Control Awards and Subsidies.
Article 49 The childbirth of the spouses of Hong Kong， Macao and Taiwan compatriots and foreign citizens whose registered permanent residences are in the Special Zone， the returned overseas Chinese and the relatives of the overseas Chinese， and also the childbirth abroad of the persons whose registered permanent residence are in the Special Zone shall follow these measures unless the state has express provisions.
Article 50 The various district people‘s governments shall， on condition that there is no contradiction with these measures， work out the administrative provisions to implement these measures in the light of local practical conditions and report to the municipal people’s government for record.
Article 51 These measures shall take effect as of the date of promulgation.
If there is any contradiction between these measures and the related documents issued by the Shenzhen Municipality， these measures shall be taken as the standards.
Appendix： Standards of the Shenzhen Special Economic Zone for Birth Control Awards and Subsidies
An award of 50 RMB shall be granted to a staff member of a government office or an employee of an enterprise or an institution who has the late marriage by the unit which the person is affiliated with at the end of each year until the male is 30 years old and the female is 28 years old.
To anyone of the birth control personnel who has a certificate of honor for the birth control work approved and issued by the state department in charge of birth control， a one-time award equivalent to the person‘s four-month basic wages shall be granted by the unit the persons is affiliated with.
To a staff member of a government office or an employee of an enterprise or an institution in post who accepted a birth control operation which has been certified by a hospital， the unit which the person is affiliated with shall grant a one-time subsidy according to the following standards：
（1） 200 RMB for vasoligation；
（2） 300 RMB for oviduct ligation；
（3） 100 RMB for induced abortion in less than 3 months of pregnancy；
（4） 200 RMB for induced abortion after 3 months of pregnancy.
The adjustments of the above-listed standards for awards and subsidies shall be confirmed by the municipal department of birth control on the basis of price indexes， and reported to the municipal people‘s government for approval before the adjustments are put into practice.