上海市人口与计划生育条例英文版

上海市人口与计划生育条例（英文版）

发布日期：

2006-06-13

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Announcement of the Standing Committee of Shanghai Municipal People’s Congress

No.33

The Regulations of Shanghai Municipality on Population and Family Planning,

adopted at the 9th Session of the Standing Committee of the Twelfth Shanghai

Municipal People’s Congress on December 31, 2003, is hereby promulgated and shall

go into effective as of April 15, 2004.

The Standing Committee of Shanghai Munic

ipal People’s Congress

December 31, 2003

Regulations of Shanghai Municipality on Population and Family Planning

(Adopted at the 9th Session of the Standing Committee of the Twelfth Shanghai

Municipal People’s Congress on December 31, 2003)

Contents

Chapter I General Provisions

Chapter II Comprehensive Management of Population

Chapter III Regulation of Reproduction

Chapter IV Rewards and Social Security

Chapter V Legal Liability

Chapter VI Supplementary Provision

Chapter I General Provisions

Article 1 These Regulations are enacted, in accordance with Population and Family

Planning Law of the People’s Republic of China and in light of the actual

circumstances of the Municipality, with the aims of bringing about an overall,

coordinated and sustainable development between population, economy, society,

resources and environment, promoting family planning, protecting legal rights and

interests of citizens, and enhancing welfare of families, prosperity of the nation and

development of society.

Article 2 These Regulations apply to the population and family planning programs

within the Municipality’s administrative area.

Administration of family planning programs for floating population shall observe

relevant stipulations of the State and the Municipality.

Ar

ticle 3 The people’s governments at all levels shall strengthen management of

population and family planning programs, and take comprehensive measures to

control the size, raise the quality, improve the structure and promote rational

distribution of population.

The people’s governments at all levels shall enhance publicity and education, take

advantage of scientific and technological progress, improve all-round services, and set

up and perfect reward and social security system, to insure satisfactory population and

family planning administration.

Article 4 Population and family planning administrative department at the municipal

level, by its statutory duty, is in charge of population and family planning programs

within the Municipality’s administrative a

rea. Population and family planning

administrative departments at district and county level, by their respective statutory

duty, are in charge of the population and family planning programs within their

respective administrative areas.

Public administrative departments of development and reform, public security, labor

and social security, public health, civil affairs, statistics, and education, are in charge

of relevant population and family planning administration within the limits of their

respective functions and duties.

People’s governments of townships and towns and sub

-district offices are in charge of

the administration of population and family planning programs within their respective

administrative areas.

Article 5 Public organizations including Trade Unions, Communist Youth Leagues,

Women’s Federations, Family Planning Associations, Population Associations and

such, and enterprises, institutions, privately-run non-enterprise units, and citizens shall

assist the people’s governments in carrying ou

t population and family planning

programs.

Neighborhood committees and villagers’ committees shall assist the people’s

governments in carrying out population and family planning programs and shall be

staffed with appropriate full- time or part-time personnel.

Article 6 People’s governments at all levels shall list the funding for population and

family planning programs into fiscal budgets, ensure adequate fund for population and

family planning programs. Funding for population and family planning programs

should be increased gradually along with national economic and social development.

Article 7 Population and family planning programs shall be integrated into the

Municipality’s socialistic spiritual culture construction as an important part.

Article 8 P

eople’s governments at all levels shall commend and reward organizations

or individuals that have made outstanding achievements in and contributions to

population and family planning programs.

Government departments, public organizations, enterprises, institutions, privately-run

non- enterprise units shall commend and reward individuals in their organizations who

have made outstanding achievements in and contributions to population and family

planning programs.

Chapter II Comprehensive Management of Population

Article 9 People’s governments at municipal, district and county levels shall, in

accordance with the population development plans made by the people’s governments

at the next higher level and in light of the actual circumstances in their own

administrative areas, draw up medium and long-term plans and annual plans for

population development, and incorporate them into the national economic and social

development plans.

Article 10 Administrative departments of population and family planning, statistics

and such are in charge of conducting medium and long-term projections of population

trends, including population size, birth, death, structure and migration, as a basis for

developing population plans and making decisions on comprehensive population

management.

Article 11 People’s governments at municipal, district and county levels shall, in

accordance with the medium and long- term plans for population development, develop

implementation plans for population and family planning programs within their

respective administrative areas and make arrangements for the implementation.

Administrative departments of population and family planning at municipal, district

and county levels are responsible for implementation of daily tasks in population and

family planning plans.

People’s governments at township and town level and sub

-district offices are

responsible for fulfillment of the population and family planning implementation

plans.

Article 12 The Municipal people’s government assigns the annual targets and d

uties

for population and family planning programs to the district and county people’s

governments, assesses and evaluates their implementation, and gives rewards or

sanctions accordingly. The district and county people’s governments assign the annual

targe

ts and duties for the population and family planning programs to people’s

governments at township and town level and sub-district offices, assess and evaluate

their implementation and give rewards or sanctions accordingly.

The people’s governments at all

levels and sub-district offices shall fulfill relevant

duties and achieve the annual targets for the population and family planning programs.

Article 13 For those whose household registration places are inconsistent with their

present residences, people’s

governments of both places are responsible for family

planning administration of them, with the people’s governments at the present

residences taking major responsibility.

Article 14 The Municipal people’s government shall make plans for the size of

population development, regulate and control the total amount of the resident

population based on the level of economic and social development and the bearing

capacity of the resources and environment.

People’s governments at municipal, district and county le

vels shall perfect the

reproductive regulation policies, maintain a low fertility level, establish the regulation

and control mechanism of flowing-in-and-out of resident population, and rationally

control the mechanical growth of population.

Article 15 Pe

ople’s governments at municipal, district and county levels shall control

population size in the central areas of the Municipality and promote rational

distribution of urban and rural population while making and implementing urban

planning.

Specialized planning on industry, housing, transportation, science and technology,

education, culture, public health, and labor and social security, developed and

implemented by relevant administrative departments, shall be in accordance with

regional population development programs.

Article 16 Regulations and measures formulated and implemented by the Municipality

on reproduction, migration and flowing-in-and-out of population shall be conducive to

the optimization of age structure and alleviation of population ageing.

Article 17 Administrative departments of public health at all levels shall improve

maternal and child healthcare services, decrease infant mortality rate, reduce incidence

of birth defects, and enhance health of the newborns.

The Municipality advocates that citizens undergo premarital and maternal medical

examinations. The Municipal people’s government shall formulate rules conducive to

voluntary premarital and maternal medical examinations among citizens.

Medical and healthcare institutions shall provide standard and quality services for

clients in premarital and maternal medical examinations and keep confidentiality for

them. Medical doctors and midwives shall strictly observe relevant operational

procedures and prevent and reduce birth injury.

Article 18 Administrative departments of population and family planning, public

health, education, culture radio film and TV, press and publication, civil affairs, and

public organizations shall cooperate with each other in conducting education and

programs on reproductive health, advocating healthy lifestyles, enhancing self-

healthcare awareness, and striving for prevention and treatment of AIDS and other

diseases that affect reproductive health.

Article 19 Gender identification of fetus and sex-selective pregnancy termination

operation performed by any institution or individual for non-medical purposes are

hereby prohibited.

Article 20 Administrative departments of statistics, population and family planning,

and public security, in accordance with their respective duties, shall conduct statistics,

sampling surveys and special investigations among the Municipality’s household

registration population and non-local household registration population that have

resided in the Municipality for a certain period, and release the statistical and

analytical data on a regular basis.

Article 21 Administrative departments of population and family planning shall set up

and improve population and family planning information system as required by the

State and the Municipality. Population and family planning information system shall

be incorporated into the municipal social security and citizen service information

systems.

Administrative departments of population and family planning, public security, public

health, education, civil affairs, labor and social security, medical insurance and such

shall provide population management-related data to each other through the

Municipality’s social security and citizen service information systems, share

population information and promote comprehensive exploitation and utilization of

population information resources.

Chapter III Regulation of Reproduction

Article 22 Citizens have the right of reproduction and the obligation to practice family

planning according to the law.

Both husband and wife bear responsibility in practicing family planning, and they

shall respect each other and discuss on an equal basis when making reproduction

decisions.

The legal rights and interests of citizens in practicing family planning are protected

legally.

Article 23 Citizens are encouraged to have late marriage and late childbearing. One

child per couple is advocated. Those who meet the conditions specified by law and

these Regulations may apply for another childbearing.

Article 24 The first marriage of a man at or above 25 years old is regarded as late

marriage.

The first marriage of a woman at or above 23 years old is regarded as late marriage.

The first childbearing of a married woman at or above 24 years old is regarded as late

childbearing.

Article 25 If neither party of a couple have had child before their marriage, the said

couple may give birth to another child after the first one, providing they meet one of

the following conditions:

(1) Both the husband and wife are single child;

(2) The first child is identified as disabled due to non- hereditary reasons by medical

identification agencies of disabled child at municipal, district or county levels, and

there is little possibility that the child will grow up into an individual with normal