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Procedures of Shanghai Municipality on Family Planning Administration of Floating Non-local Population
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| (Promulgated by Decree No. 61 of the Shanghai Municipal People' s
Government on September 17, 1998) Article 1 (Purpose and Basis) These Procedures are formulated in accordance with the Procedures on Family Planning Administration of Floating Non-local Population, the Regulations of Shanghai Municipality on Family Planning, and the Regulations of Shanghai Municipality on the Administration of Floating Non-local Population in order to strengthen the administration and services for the family planning of floating non-local population in Shanghai, to protect their lawful rights and interests concerning family planning, to control population growth and improve its quality. Article 2 (Definition) The floating non-local residents (hereinafter referred to as non-locals) as defined in these Procedures refer to the persons who come to live in Shanghai from other provinces, autonomous regions, or municipalities directly under the Central Government without registered permanent residence of this Municipality. Article 3 (Scope of Application) These Procedures are applicable to the family planning of non-locals and its administration in Shanghai. Article 4 (Government Responsibility) The family planning of non-locals is mainly administered by the district or county people' s government, the sub-district office and the township (town) people' s government of the place where the non-locals now live. Governments at all levels shall exercise unified leadership and coordination of the administration of non-locals' family planning in areas under their jurisdiction. Article 5 (Administrative Department) The Family Planning Committee of Shanghai Municipality (hereinafter referred to as FPCSM) is the competent department of the administration of non-locals' family planning in this Municipality. The District or County Family Planning Committees (hereinafter referred as D/CFPC) are responsible for the administration of non-locals' family planning in areas under their jurisdiction. The administrative departments of public security, labor, industry and commerce, public health, land and housing, etc. shall cooperate, in accordance with their respective functions, with each other in the administration of non-locals' family planning. Article 6 (Prohibition of Unplanned Birth) Non-locals shall comply with the family planning regulations of the place where their permanent residence is registered in case they want to give birth in this Municipality. Unplanned birth is prohibited. Article 7 (Certificate of Family Planning) Non-local fertile women shall, during their residence in this Municipality, carry with them the Certificate of Family Planning for Floating Population issued by the township (town) people' s government or the sub-district office of the place where their permanent residence are registered. Article 8 (Verification of Family Planning Certificate) Non-local fertile women who take a job or go into business shall go, within 15 days after acquiring a Certificate of Temporary Residence for Non-locals in Shanghai Municipality (hereinafter referred to as CTR), with their identity card, CTR and Certificate of Family Planning for Floating Population, to the township (town) people' s government or the sub-district office of their present residential area to apply for verification of their Family Planning Certificate. Non-local fertile women who does not take a job nor go into business shall go, within 15 days after acquiring a Certificate of Temporary Residence Registration for Non-locals in Shanghai Municipality (hereinafter referred to as CTRR), with their identity card, CTRR and Certificate of Family Planning for Floating Population, to the township (town) people' s government or the sub-district office of their present residential area to apply for verification of their Family Planning Certificate The township (town) people' s government or the sub-district office shall, within 3 days after receiving the application, examine the application and the relevant documents. A stamp indicating "family planning certificate checked" shall be put on the CTR or CTRR of the qualified applicants. Non-locals with the CTR stamped "family planning certificate checked" shall go to the township (town) people' s government or the sub-district office of their present residential area for annual re-verification. In case non-locals do not go for the re-verification in due time or fail to pass the re-verification, the township (town) people' s government or the sub-district office may submit a report to the administrative departments of industry and commerce, labor, etc. for revocation of their business licenses or work permits. Article 9 (Prerequisites). In examining the application of non-local fertile women for work permit or business license, the administrative departments of industry and commerce, labor, etc. shall check and verify their CTR or CTRR, and those applicants without the stamp "family planning certificate checked" on their CTR or CTRR shall not be approved. In annual examination of business licenses of non-local fertile women, the administrative departments of industry and commerce shall check and verify their qualification document of re-verification of Family Planning Certificate. Non-locals applying for blue-stamped residence registration in this Municipality shall comply with the relevant State provisions on family planning. Blue-stamped residence registration shall not be granted to those non-locals who violate the State provisions on family planning. Article 10 (Child-bearing Liaison Card) Non-local women who want to give birth to a child in this Municipality shall go with their identity cards and family planning documents to the township (town) people' s government or the sub-district office of their present residence to apply for a Child-bearing Liaison Card for Non-local Women in Shanghai Municipality (hereinafter referred to as CBLC). After checking the relevant documents, the township (town) people' s government or the sub-district office of their present residence shall issue a CBLC and notify in writing the township(town) hospitals or the sub-district hospitals under their jurisdiction within 10 days. Non-local women who want to give birth to a child in this Municipality shall go to a medical or health institution in this Municipality for antenatal examination and parturition.. Article 11 (Registration and Notice Circulation) Medical or health institutions in this Municipality that take in non-local pregnant women for parturition shall check their CBLC, identity card and CTR or CTRR. In case a pregnant woman does not hold a CBLC, the medical or health institution shall fill out a Hospital Notice. Medical or health institutions shall register non-local pregnant women who come for parturition and submit, within 15 days after parturition, the CBLC or hospital notice to the D/CFPC in the area where the hospital is located. The township (town) people' s government or the sub-district office shall send timely childbirth information of non-local women within their jurisdiction to the township (town) people' s government or the sub-district office of these women' s registered permanent residence. Article 12 (Propaganda and Education) Municipal and D/CFPC shall organize the relevant departments to provide the services of propaganda and education about contraception, birth control, reproduction health and eugenics, etc. for non-locals. Article 13 (Examination of Contraception and Birth Control) Married non-local fertile women shall mail periodically their contraception and birth control certificates issued by service institutions of family planning in this Municipality back to the places of their registered permanent residence in accordance with the requirements of family planning departments of their registered permanent residence. Article 14 (Prohibited Acts Concerning Family Planning Certificates) Transferring, forging, selling, buying, and altering family planning certificates are prohibited. Article 15 (Contraception Pills and Appliances) Non-locals can, on producing their CTR or CTRR stamped with "family planning certificate checked" , get contraception pills and appliances in accordance with the following stipulations: (1) Non-locals who are employed by a unit or an employer shall get these pills and appliances from the unit or from their employer; (2) Non-locals who are not employed by a unit or an employer shall get these pills and appliances from villagers' committees or neighborhood committees of the place where they now live; Family planning departments at all levels shall ensure the supplies of contraception pills and appliances to non-locals. Article 16 (Contraception Operation Expenses) Contraception operation expenses of non-locals who are employed by a unit or by an employer shall be borne by the unit or their employer. Non-locals who are not employed by a unit or by an employer shall get a reimbursement for the expenses from the township (town) people' s government or the sub-district office of their registered permanent residence. Article 17 (Obligations of a Unit or an Employer) A unit or an employer shall fulfill the following obligations: (1) To conduct the propaganda and education on family planning to non-locals; (2) To register childbirth information concerning non-local women; (3) To provide contraception pills and appliances to and pay contraception operation expenses for non-locals; (4) To accept and assist the administration and supervision and examination of the township (town) people' s government or the sub-district office concerning family planning of non-locals. It is prohibited to employ non-local fertile women without any family planning certificate. Article 18 (Obligations of Householder or House Lessor) The householder or house lessor who provides accommodation for non-local fertile women shall ask them to show their CTR or CTRR stamped with "family planning certificate checked" . The householder or house lessor shall report timely to the local township (town) people' s government or the sub-district office when non-local fertile women are found to be in one of the following conditions: (1) There is no stamp of "family planning certificate checked" on their CTR or CTRR; (2) They are pregnant or have just given birth to a child. Article 19 (Reward) People' s governments at all levels, FPCSM and D/CFPC shall give commendation and reward to units and individuals who have made remarkable achievements in the administration of family planning of non-locals. Article 20 (Legal Liabilities) Units or individuals who violate these Procedures shall be handled by the township (town) people' s government or the sub-district office of their present residence according to the following stipulations: (1) Those who violate Section 2 of Article 6 of these Procedures shall be handled in accordance with the Regulations of Shanghai Municipality on Family Planning and the Rules for the Implementation of Regulations of Shanghai Municipality on Family Planning. (2) Those who violate Section 1, 2 and 4 of Article 8, or Section 1 of Article 10 of these Procedures shall be ordered to make up necessary formalities or have their Family Planning Certificate reexamined within a time limit, and a fine of not more than 50 yuan may be imposed concurrently. For those who fail to make up the necessary formalities or have their Family Planning Certificate reexamined within a time limit, the fine shall be doubled. (3) Those who violate Article 14 of these Procedures shall be given disciplinary warning, and a fine of not more than 1000 yuan may be imposed concurrently. (4) For violation of Section 2 of Article 17 of these Procedures, the unit or employer shall be imposed a fine of not more than 500 yuan for each employee. (5) For violation of Article 18 of these Procedures, the householder or the house lessor who provides accommodation for non-local fertile women shall be imposed a fine from 100 yuan to 1000 yuan. Those who violate these procedures on farms shall be punished in accordance with the preceding section by D/CFPC in the locality of the farm. When FPCSM or D/CFPC deem it necessary, it may make punishments in accordance with Section 1 of this Article. Article 21 (Measures for Earnest Money) Non-local women who become pregnant without family planning shall pay temporary earnest money, starting from the month of pregnancy, to township(town) people' s government, the sub-district office or D/CFPC of their present residence in accordance with the relevant regulations. This payment shall be paid back in full to those who take remedial measures after persuasion. If no remedial measures are taken after persuasion, the payment shall be kept as unplanned birth fees. Detailed stipulations shall be formulated by the Municipal Family Planning Committee of this Municipality in another document. Article 22 (Procedures of Punishment) FPCSM or D/CFPC and township (town) people' s governments or the sub-district offices shall issue a decision of administrative punishment in writing when imposing an administrative punishment. A receipt for fines or confiscated property printed by the Municipal finance department in unified form shall be issued when collecting fines. The fines collected shall be turned in to the State Treasury according to the provisions. Article 23 (Reconsideration and Legal Action) The person concerned who refuses to accept the concrete administrative action made by D/CFPC, the township (town) people' s government or the sub-district office may apply to the government of the same level or the family planning committee of the government at the next superior level for reconsideration in accordance with the law. The person concerned who refuses to accept as final the decision of reconsideration made by the government of the same level or family planning committee of the government at the next superior level, he or she may bring a suit at the people' s court according to the law. If the person concerned does not apply for reconsideration, nor bring a suit, nor perform the concrete administrative action within a time limit, the administrative department that made the said decision may apply to the people' s court for enforcement. Article 24 (Penalty on Hindrance of Official Work) Those who refuse or hinder the official work of FPCSM or D/CFPC, the township (town) people' s governments or the sub-district offices and violate of Regulations of the People' s Republic of China on Public Security Administration and the Imposition of Punishment shall be punished by public security departments. In case the violations are serious and constitute a crime, the person concerned shall be prosecuted for his or her criminal liabilities according to law. Article 25 (Liabilities of Law Enforcement Personnels for Unlawful Practices) Administrative Personnels of FPCSM or D/CFPC, the township (town) people' s governments or the sub-district offices shall observe disciplines, abide by the law and enforce the law impartially. Those who neglect their duties, abuse their power, engage in malpractice for personal gains, extort and accept bribes, or pervert the law shall be given disciplinary sanction by their unit or the superior concrete department. If their acts constitute a crime, the persons concerned shall be prosecuted for their criminal liabilities according to law. Article 26 (Interpretation of Application) FPCSM shall be responsible for the interpretation of the specific application of these Procedures. Article 27 (Date of Implementation) These Procedures shall become effective on the date of promulgation. The Interim Procedures of Shanghai Municipality on Family Planning Administration of Floating non-local Population promulgated by the People' s Government of Shanghai Municipality on September 15, 1994 shall be annulled simultaneously. |
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