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Birth planning regulations of Shanxi Province

Time:2014-03-13 Hit:199


Birth planning regulations of Shanxi Province


   The implementation of planned parenthood is a basic policy of our country. We should strive to keep the population of our country under 1,200 million as of the end of the century. This is an important strategic question facing the socialist modernization of our country and it is vital to the success of the socialist four modernizations of our country. In implementing planned parenthood, it is essential to enhance ideological education. Particular efforts should be made to conduct thoroughgoing and meticulous ideological education among the peasants to make more and more people understand the important strategic significance of practicing planned parenthood and of bringing population growth under control and, step by step, to make the broad masses of people voluntarily practice planned parenthood.

  People's governments at all levels should exercise effective leadership, incorporate the population into the economic and social development plans and persistently attend to production and planned parenthood simultaneously. The following regulations are formulated on the basis of the constitution of the PRC [People's Republic of China], the marriage law of the PRC, the "open letter to Party and CYL [Communist Youth League] members on the question of population growth in our country" issued by the CCP [Chinese Communist Party] Central Committee, the "Directives on further carrying out planned parenthood work" issued by the CCP Central Committee and the report "Creating a new situation for socialist modernization" delivered by Comrade Hu Yaobang at the 12th National CCP Congress, as well as the actual conditions of our province and the implementation of "Some regulations of Shanxi Province for planned parenthood work for trial implementation." Giving birth to fewer but healthy children is important for improving the quality of the population of the Chinese nation. The relevant stipulations of the PRC's marriage law on instances where a man and woman are not allowed to marry shall be firmly enforced. Hospitals under county-level authorities or higher should gradually set up a section to provide eugenic information and outpatient services. Couples with hereditary diseases shall be persuaded not to bear children. It is necessary to strengthen work concerning maternity and childcare, health care during the gestation period, the feeding of babies, and early-stage child education.


Chapter 1 Requirements of Planned Parenthood:


Article 1

The practice of late marriage and deferred childbearing and the birth of fewer but healthy children shall be continuously advocated.


Article 2

          A marriage between two parties who are three years or more older than the legal marriage ages as stipulated by the PRC's marriage law is considered a late marriage. The bearing of a child by a woman who is 24 years of age or older is considered deferred childbearing. Except in special circumstances where the birth of a second child is approved, state cadres, staff and workers and urban residents (including those whose spouse resides in the countryside) are allowed one child per couple. Except in special circumstances or real difficulties where the birth of a second child is approved, rural commune members are allowed one child per couple.


Article 3

  Any of the following circumstances are considered "special circumstances" and "real difficulties. " "Special circumstances" refer to:

1. The first child is declared deformed by group consultations of doctors at a medical department under the county-level authorities or higher; it will not be able to grow up as a normal labourer and its deformity is not caused by hereditary diseases.

2. One party of a remarried couple has a child from the previous marriage and the other does not.

3. Couples who have been sterile for many years after marriage and have adopted a child provided that the woman is 30 years of age or older.

4. Both parties of a couple are minority nationalities.

5. Both parties of a couple are returned overseas Chinese.


"Real difficulties" refer to:

1. After marriage, the husband entitles in with the family of an only daughter.

2. People who have long been living is sparsely populated mountain villages not blessed with adequate traffic facilities and favourable natural conditions.

3. Only one of three brothers or more is fertile.

4. The only son of a martyr.

5. One party of a couple has a first-degree deformity.

6. Families which have only one son for three generations in a row.

7. Both parties of a couple are an only son and an only daughter.

   The above-mentioned "special circumstances" are applicable to the entire province and the "real difficulties" are applicable only to the countryside. People who fit any of the "special circumstances" and "real difficulties" may apply for approval for a second child. After confirmation by discussions of the masses, their applications will be referred to the neighbourhood office or the people's commune for examination, approval and planned arrangements. Here should be an interval of four years or more between the birth of the first and the second child. Under no circumstances is the birth of a third child allowed.



Chapter 2 Rewards:


Article 4

   An additional 15 days of marriage leave shall be granted to both parties of marriage who fit the requirement so if late marriage. A woman who fits the requirements for deferred childbearing may have 100-day maternity leave when she bears her first child. If effective birth control measures are taken and the couple concerned receives a "one-child certificate", the woman can have maternity leave off from four to six months. Specific arrangements for the leave shall be made by the unit to which the woman belongs. Couples who are cadres, staff and workers are paid as usual during their marriage and maternity leave. Their absence shall not affect their attendance records, performance evaluations, bonuses, wage adjustments or promotions. Couples who are rural commune members shall be given work points or equivalent amounts of money or grain as usual by the production team to which they belong.




Article 5

   Couples who bear and raise only one child are considered one-child parents. Their children are considered only children.

Those who fit any of the following conditions are also considered one-child parents and only children:

1. Remarried couples who have only one child (one party of the couple has a child from the previous marriage and the other does not) and choose not to have a second child.

2. Couples who had two or more children but, because of deaths or other reasons, now have only one child and choose not to bear or adopt another.

3. Couples who have no children of their own but had adopted a child before the 1979 "Regulations of Shanxi Province on planned parenthood work" of the former Shanxi Provincial Revolutionary Committee and the child is under 14 years of age.

4. Couples who bear another child after their only children are dead and choose not to have any more. No conditions other than those cited above shall be considered one-child parents or only children.


Article 6

  Couples who have received "one-child certificates" are entitled to the following benefits:

1. From the month they receive a "one-child certificate", couples of state cadres, staff members, workers and urban residents are given monthly health subsidies of five yuan until the child is 14 years of age.

2. Depending on which form of the production responsibility system their production team practices, couples that are members of rural communes shall be given five work points or the cash equivalent every month by the production team as health subsidies for only children.

  Other reward methods such as lowering assigned output quotas may be adopted. When both parties of a couple are cadres, staff or workers (including the staff and workers of collectively owned enterprises)t, he health subsidies are borne by the units to which the couples belong on a 50-50 basis. If one party of the couple is a cadre, staff member or worker and the other is a rural commune member or jobless urban resident, the health subsidies shall be borne entirely by the unit to which one party of the couple belongs. If both parties of a couple are neither cadres nor staff members or workers, the health subsidies shall be issued by local county or district planned parenthood departments on a temporary basis. In both state-owned and collectively-owned enterprises, health subsidies shall be paid for by welfare funds of staff members and workers of the profits retained by the enterprises. In case of fund shortages, they may, with the approval of the financial departments at the corresponding level, draw money from management expenditures. In administrative units, the health subsidies shall be paid for by welfare funds of staff members and workers. In the case of fund shortages, they may draw money from expenditures on administration and other operating expenses. Health subsidies for the only children of urban residents awaiting work shall be paid for by the planned parenthood departments from their operating expenses. As for poor independent basic accounting units in rural areas with an annual income, less than 50 yuan per capita, 50 percent of the health subsidies shall be borne by the state and the remain in 50 percent shared by state and local financial departments on a 50-50 basis.

3. Only children shall be given priority in being admitted into nurseries or kindergartens. In localities where conditions permit, these children shall be admitted entirely or partially free of charge. Medical departments shall classify only children as key health care recipients and conduct health check-ups for them on a regular basis. When only children are sick, they shall be given priority in registration, examination and hospitalization.

4. Other conditions being equal, only children shall be given priority in urban housing assignments and readjustments. In rural areas, priority shall be given to them in assigning residential areas.

5. Only children of rural commune members shall be given the basic adult grain ration.

6. Other conditions being equal, only children are given priority in being recruited as students or workers.


Article 7

  Rural areas shall make active efforts to provide for the aged. Old people who cannot work anymore and those whose only children are not around shall be well provided for. It shall be ensured that their living standards are not lower than the average living standards of the local commune members.


Article 8

  If the husband settles in with the family of an only daughter after marriage, he is obliged to provide for the parents of both parties, enjoying the equal rights of and sharing equal responsibilities with other members of the production team.


Article 9

  People's governments at all levels shall commend and reward units and individuals, including medical personnel and scientific and technical personnel, who have made outstanding contributions in planned parenthood work.


Chapter 3 Restrictions:


Article 10

  Planned parenthood work should be carried out regularly with ideological education and contraceptive measures as the focus and with necessary economic and administrative measures as the supplement.

  The following restrictions shall be applied to married couples who still do not practice planned parenthood after being educated several times:


1. With regard to those who are pregnant with the second child, the units or communes and brigades to which they belong should persuade them to take timely remedial measures. When the persuasion is ignored, a 20 percent deduction of the combined annual basic pay of a married couple shall be applied to cadres and staff and workers; a 20 percent deduction of that year's total income of a married couple; or other corresponding economic measures shall be applied to rural commune members. If remedial measures are taken, the deducted money will be paid back.

2. On the unapproved birth of a second child (including a child who is given to others and a child who is adopted): From the month the child is born or adopted till he is seven years old, both parties of a married couple who are cadres, staff members and workers shall have 15 percent of their monthly pay deducted and they shall be deprived of the medical, material and other benefits granted to reasonable births. Maternity leave will be granted but without pay. Both parties of the married couple shall be deprived of one chance for future wage adjustments (those who have already been deprived of one chance for wage adjustments in the past or been demoted by one grade on the pay scale will not be affected in future wage adjustments).

  From the month the child is born or adopted till he is seven years old, both parties of a married couple who are rural commune members shall have 10 percent of their total annual work points deducted. If not, they shall be allotted less productive plots or assigned higher output quotas, one of their private plots shall be called back or the proportion of their produce to be retained by the collective shall be increased. In addition, 10 percent of their total annual income shall be deducted in the two years following the child's birth or adoption or other corresponding economic measures shall be taken to deal with them.

3. Those who are pregnant with the third child should take timely remedial measures. If they refuse to take remedial measures, both parties of a married couple who are cadres, staff members or workers shall have 30 percent of their total annual basic pay deducted; both parties of a married couple who are rural commune

members shall have 30 percent of that year's total income deducted or they shall be dealt with through other corresponding economic measures. Once remedial measures are taken, the deducted money will be paid back.

4. On those who give birth to a third child (including a child who is given to others and a child who is adopted): If both parties of a married couple are cadres, staff or workers, they shall be demoted by one grade on the pay scale when the child is born or adopted; 10 percent of their monthly wages shall be deducted beginning the month the child is born or adopted till he is 14 years old; they shall be deprived of one future chance for wage adjustments and of all medical, material and other benefits granted to reasonable births; their maternity leave shall be granted without pay. In the case of rural commune members, from the month the child is born or adopted till he is 14 years old, both parties of a married couple shall have 10 percent of their total annual work points deducted. Or, they shall be allotted less productive plots and assigned higher output quotas; their private plots shall be called back, or their proportion of produce to be retained by the collective shall be increased. In addition, 20 percent of their total annual income shall be deducted in the three years after the child is born or adopted, or other corresponding economic measures will be taken to deal with them.

  Those who give birth to more than three children (including children who are given to others or adopted) shall have another five percent of their wages (or work points or an equal amount of money) deducted for each child they bear or adopt and shall be deprived of another chance for wage adjustment. 5 After several efforts at persuasion, cadres, staff members and workers who still stubbornly refuse to give birth according to plans and whose offences are serious and are very bad influences shall be given severe disciplinary or administrative punishment in addition to economic sanctions. Units authorized to approve such punishment are those at and above the county or regimental level. 6 The above-mentioned restrictions are applicable to urban self-employed industrialists and businessmen and urban residents who give birth to more than two children without approval.


The above-mentioned restrictive regulations are to be enforced:

(1) By personnel, labour and wage department of the unit of which cadres, staff members and workers belong in accordance with the norms of cadre administration

(2) By the brigades or production teams to which rural commune members belong; and (3) By the neighbourhood office to which urban self-employed industrialists and businessmen and urban residents belong. The deducted wages and work points should be put into the welfare and public funds account of competent units or communes and brigades and are used as subsidies for planned parenthood work. They should be used exclusively for this purpose.


Article 11

  To those who give birth to two or more children without approval, in urban areas, no additional housing will be granted and in rural areas, no additional land for house construction or additional private plots will be granted. Those who have difficulty in livelihood because of unapproved births or more children than they should have shall not be given subsidies. A married couple giving birth to more than two children (including the second child) without approval shall not be recruited for five years. If they are contract workers, workers employed according to verbal agreements, temporary workers or recruited workers from rural areas, they shall be dismissed. Those who have received a "one-child certificate" and give birth to a second child without approval shall have their "one-child certificate" called back, shall payback within a limited period of time all the preferential payments they have received and shall be handled according to the regulations applied to those who give birth to a second child without approval.


Article 12

Concerning the units and departments which fail to fulfill their planned parenthood tasks, do not implement planned parenthood policy or regulations or do not register the births of children after they are born, the people's governments at all levels should investigate their leaders and, if necessary, mete out to them disciplinary punishment or economic sanctions. Those who attack or frame Planned Parenthood personnel should be strictly dealt with.

Units or individuals who practice fraud or issue false certificates should be criticized, educated or given disciplinary punishment in line with the seriousness of their offences. Units authorized to approve punishment are those at and above the county or regimental level. It is necessary to expose in a timely manner and punish according to law those bad persons who damage planned parenthood work.


Chapter 4 Technical guidance on birth control:


Article 13

  In carrying out planned parenthood work, it is necessary to adhere to the principle of emphasizing contraceptive methods and adopt various birth control measures to prevent pregnancy. All planned parenthood, scientific research, health and medical units should do a good job in giving guidance on birth control techniques and improve the quality of operations to ensure the safety of those who undergo such operations. It is necessary to intensify scientific research about planned parenthood and provide safe, effective, easy and economic contraceptives and contraceptive methods. Medical units should receive, examine and perform operations on those who are to undergo birth control operations or remedial measures on a priority basis. The necessary charge will be paid with the medical funds of the units to which cadres, staff members and workers belong and be paid with planned parenthood funds for urban residents and rural commune members. Cadres, staff and workers will be granted paid leave for sterilization operations as allowed by regulations. Rural commune members who take such leave will have their work points registered as usual or be paid with proper subsidies.

  One party of a married couple who undergoes a sterilization operation and truly needs to be taken care of by the other party during the allowed sterilization operation leave should obtain a certificate from the hospital and be approved by the leaders of his or her unit.

  During the leave, cadres, staff members and workers will still be paid and their attendance records, evaluations and rewards will not be affected; rural commune members will have their work points registered as usual or be given proper subsidies.


Article 14

  A one-child couple whose child dies after they receive a sterilization operation and who want to have another birth may receive anastomosis [surgical rejoining of severed Fallopian tubes or seminal ducts] free of charge.


Chapter 5 Other provisions:


Article 15

  The practice of planned parenthood to control population growth conforms totally with the purpose of production responsibility systems in rural areas. Together with their efforts to establish and improve production responsibility systems, rural areas should also establish and improve the planned parenthood responsibility system and attend to them simultaneously.


Article 16

  All prefectures, municipalities and counties should handle problems concerning planned parenthood organs and their staffing in accordance with the "1982" Document No 11 of the CCP Central Committee and the " 1982" Document No 37 of the general office of the CCP Central Committee. All government departments, mass organizations, PLA [People's Liberation Army] units, establishments and enterprises and all culture, education, public health, scientific research, press, publication and nursery departments are responsible for publicizing and doing planned parenthood work. They should work in coordination to implement this regulation conscientiously.


Article 17

  Practicing planned parenthood is an obligation of every citizen. Leading cadres at all levels and the masses of cadres, staff members and workers should act as examples and vanguards and take the lead in implementing the above-mentioned regulations.


Article 18

  The planned parenthood regulations formulated variously localities and departments have played a positive role in controlling population growth. Cases already handled according to former regulations will not be handled again.

Awards or restrictions given according to former regulations will still be effective. In the future, this regulation should be taken as the standard. Prefectures, municipalities and counties shall not formulate other regulations. However, when implementing this regulation, if some supplementary regulations are found necessary to handle special cases, they should submit the supplementary regulations to the provincial people's government for approval.

Communes and brigades may formulate planned parenthood rules for peasants after mass discussions.


Article 19

  This regulation is applicable to units stationed in Shanxi province. PLA units stationed in Shanxi province will implement the regulations for the PLA.

Article 20 this regulation is effective beginning 1st December 1982.


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