Adopted at the 25th Meeting of the Standing Committee of the Ninth National
People's Congress on December 29, 2001
Contents
Chapter I General Provisions
Chapter II Formulation and
Implementation of Plans for Population Development
Chapter III Regulation of
Reproduction
Chapter IV Rewards and Social
Security
Chapter V Technical Services for
Family Planning
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted, in accordance with the Constitution, for the
purpose of bringing about a coordinated development between population on the
one side and the economy, society, resources and environment on the other,
promoting family planning, protecting the legitimate rights and interests of
citizens, enhancing happiness of families, and contributing to prosperity of the
nation and progress of the society.
Article 2 China being a populous country, family planning is a fundamental
State policy.
The State adopts a comprehensive measure to control the size and raise the
general quality of the population.
The State relies on publicity and education, advances in science and
technology, multi-purpose services and the establishment and improvement of the
reward and social security systems in carrying out the population and family
planning programs.
Article 3 The population and family planning programs shall be combined with
the efforts to offer more opportunities for women to receive education and get
employed, improve their health and elevate their status.
Article 4 When promoting family planning, the people's governments at all
levels and their staff members shall perform their administrative duties
strictly in accordance with law, and enforce the Law in a civil manner, and they
may not infringe upon legitimate rights and interests of citizens.
Lawful performance of the official duties by the administrative departments
for family planning and their staff members shall be protected by law.
Article 5 The State Council shall exercise leadership over the population and
family planning programs throughout the country. Local people's governments at
all levels shall exercise leadership over the population and family planning
program within their own administrative regions.
Article 6 The administrative department for family planning under the State
Council shall be in charge of the family planning program and the population
program related to family planning nationwide. Family planning administration
departments of the local people's governments at or above the county level shall
be in charge of the fami-ly planning program and the population program related
to family planning within their own administrative regions.
The other administrative departments of the local people's governments at or
above the county level shall be in charge of the relevant aspects of the
population and family planning programs within the limi-ts of their duties.
Article 7 Public organizations such as Trade Unions, Communist Youth Leagues,
Women's Federations, and Family Planning Associations, as well as enterprises,
institutions, and individual citizens shall assist the people's governments in
carrying out the population and family planning programs.
Article 8 The State gives rewards to organizations and individuals that have
scored outstanding achievements in the population program and family planning.
Chapter II Formulation and Implementation of Population
Development Plans
Article 9 The State Council shall make plans for population development and
incorporate them into the national economic and social development plans. Based
on the plans for population development nationwide and such plans made by the
people's governments at the next higher level, people's governments at or above
the county level shall, in light of their local conditions, work out such plans
for their own administrative regions and incorporate them into their economic
and social development plans.
Article 10 People's governments at or above the county level shall, on the
basis of the population development plans, formulate plans for implementation of
the population and family planning programs and make arrangements for their
implementation.
The administrative departments for family planning of the people's
governments at or above the county level shall be responsible for routine
implementation of the population and family planning plans.
People's governments of townships, ethnic townships, and towns, and
neighborhood offices in urban areas shall be in charge of the population and
family planning programs in the areas under their jurisdiction and shall
implement the population and family planning plans.
Article 11 In the implementation plans for population and family planning
programs shall be specified measures for keeping the size of the population
under control, improving maternal and child healthcare services, and raising the
general quality of the population.
Article 12 Villagers' committees and residents' committees shall, in
accordance with law, make a success of the family planning programs. Government
departments, the armed forces, public organizations, enterprises and
institutions shall make a success of the family planning programs in their own
units.
Article 13 Departments in charge of family planning, education, science and
technology, culture, public health, civil affairs, the press and publication,
and radio and television broadcasting shall make arrangements to conduct public
education in the importance of the population program and family planning.
The mass media are obligated to give publicity to the population program and
family planning for the public good.
Schools shall, in a manner suited to the characteristics of the receivers and
in a planned way, conduct among pupils education in physiology and health,
puberty or sexual health.
Article 14 Family planning among migrant people shall jointly be managed by
the people's governments of the place where their residence is registered and of
the place where they are currently staying, but chiefly by the latter.
Article 15 The State, on the basis of the national economic and social
development, gradually increases the overall amount of funding for the
population and family planning programs.
People's governments at all levels shall guarantee the necessary funding for
the said programs. People's governments at all levels shall give special support
to the population and family planning programs in poverty-stricken areas and in
areas inhabited by ethnic peoples.
The State encourages public organizations, enterprises and institutions and
individuals to offer financial assistance to the population and family planning
programs.
No unit or individual may withhold, reduce or misappropriate the funds
earmarked for the population and family planning programs.
Article 16 The State encourages scientific research and international
exchange and cooperation in respect of the population and family planning
programs.
Chapter III Regulation of Reproduction
Article 17 Citizens have the right to reproduction as well as the obligation
to practise family planning according to law. Both husband and wife bear equal
responsibility for family planning.
Article 18 The State maintains its current policy for reproduction,
encouraging late marriage and childbearing and advocating one child per couple.
Where the requirements specified by laws and regulations are met, plans for a
second child, if requested, may be made. Specific measures in this regard shall
be formulated by the people's congress or its standing committee of a province,
autonomous region, or municipality directly under the Central Government.
Family planning shall also be introduced to the ethnic peoples. Specific
measures in this regard shall be formulated by the people's congress or its
standing committee of a province, autonomous region, or municipality directly
under the Central Government.
Article 19 Family planning shall chiefly by means of contraception.
The State creates conditions to ensure that individual citizens knowingly
choose safe, effective, and appropriate contraceptive methods. Where birth
control operations are performed, the recipients' safety shall be ensured.
Article 20 Couples of reproductive age shall conscientiously adopt
contraceptive methods and accept technical services and guidance for family
planning. Incidence of unwanted pregnancies shall be prevented and reduced.
Article 21 Couples of reproductive age who practise family planning shall
receive, free of charge, the basic items of technical services specified by the
State. The funds needed for rendering the services specified in the preceding
paragraph shall, in accordance with relevant State regulations, be listed in the
budget or be guaranteed by social insurance plans.
Article 22 Discrimination against and maltreatment of women who give birth to
baby girls or who suffer from infertility are prohibited. Discrimination
against, maltreatment, and abandonment of baby girls are prohibited.
Chapter IV Rewards and Social Security
Article 23 The State, in accordance with regulations, rewards couples who
practise family planning.
Article 24 To facilitate family planning, the State establishes and improves
the social security system covering the basic old-age insurance, basic medical
insurance, childbearing insurance, and welfare benefits.
The State encourages insurance companies to offer insurance schemes that
facilitate family planning.
In rural areas where conditions permit, various types of old-age support
schemes may be adopted in adherence to the principles of government guidance and
willingness on the part of the rural people.
Article 25 Citizens who marry late and delay childbearing may be entitled to
longer nuptial and maternity leaves or other welfare benefits.
Article 26 In accordance with relevant State regulations, women shall enjoy
special occupational protection and be entitled to assistance and subsidies
during the period of pregnancy, delivery, and breast-feeding.
Citizens who undergo surgical operation for family planning shall enjoy
leaves as specified by the State. Local people's governments may give them
rewards.
Article 27 The State shall issue to a couple who volunteer to have only one
child in their lifetime a "Certificate of Honor for Single-Child Parents".
Couples who are issued the said certificate shall enjoy rewards in accordance
with the relevant regulations of the State and of the province, autonomous
region, or municipality directly under the Central Government.
Where measures in laws, rules or regulations specify that the rewards to
couples who have only one child in their lifetime shall be given by the units
where they work, such units shall execute the measures.
Where the only child of a couple is disabled or killed in accidents, and the
couple decides not to have or adopt another child, the local people's government
shall provide the couple with necessary assistance.
Article 28 Local people's governments at all levels shall help rural
households that practise family planning to develop economic undertakings by
giving them support and preferential treatment in terms of funds, technology and
training. Poverty-stricken households that practise family planning shall be
given priority in terms of poverty-alleviation loans, relief through work and
other poverty-alleviation projects, and social assistance.
Article 29 Specific measures for conferring rewards specified in this Chapter
may be formulated by the people's congresses or their standing committees or the
people's governments of the provinces, autonomous regions, municipalities
directly under the Central Government or larger cities in accordance with the
provisions of this Law and relevant laws and administrative regulations and in
light of local conditions.
Chapter V Technical Services for Family Planning
Article 30 The State establishes premarital health care and maternal health
care systems to prevent or reduce the incidence of birth defects and improve the
health of newborns.
Article 31 People's governments at all levels shall take measures to ensure
citizens' access to technical services for family planning in order to improve
their reproductive health.
Article 32 Local people's governments at all levels shall rationally allocate
and make multi-purpose use of health resources, establish and improve family
planning technical service networks comprising family planning technical service
institutions and medical and health-care institutions providing such services
and upgrade the facilities and improve the conditions for and raise the level of
such services.
Article 33 Family planning technical service institutions and medical and
health-care institutions providing such services shall, within the scope of
their respective responsibilities, conduct, among different reproductive age
groups of people, publicity and education in the basic knowledge about the
population program and family planning, provide pregnancy check-ups and
follow-up for married women of reproductive age, offer advice and guidance and
provide technical services in respect of family planning and reproductive
health.
Article 34 Persons providing family planning technical services shall give
guidance to citizens who practise family planning in choosing the safe,
effective and appropriate contraceptive methods. Couples who already have
children are encouraged to choose long-acting contraceptive methods.
The State encourages research in, employment and wide use of, new
technologies and contraceptives for family planning.
Article 35 Use of ultrasonography or other techniques to identify fetal
gender for non-medical purposes is strictly prohibited. Sex-selective pregnancy
termination for non-medical purposes is strictly prohibited.
Chapter VI Legal Liability
Article 36 Anyone who, in violation of the provisions of this Law, commits
one of the following acts shall be instructed to make rectification and be given
a disciplinary warning, and his unlawful gains shall be confiscated by the
administrative department for family planning or public health; if the unlawful
gains exceed RMB 10,000 yuan, he shall be fined not less than two times but not
more than six times the amount of the unlawful gains; if there are no unlawful
gains or the said gains are less than 10,000 yuan, he shall be fined not less
than 10,000 yuan but not more than 30,000 yuan; if the circumstances are
serious, his license shall be revoked by the authority that issued it; if a
crime is constituted, he shall be investigated for criminal liability in
accordance with law:
(1) illegally performing an operation related to family planning on another
person;
(2) using ultrasonography or other techniques to identify fetal gender for
non-medical purposes or to bring about sex-selective pregnancy termination for
non-medical purposes for another person; or
(3) performing a fake birth-control operation, providing a false medical
report, or issuing a counterfeit certificate of family planning.
Article 37 If anyone forges, alters or trades in certificates of family
planning, his unlawful gains shall be confiscated by the administrative
department for family planning; if the said gains exceed 5,000 yuan, he shall be
fined not less than two times but not more than ten times the amount of the said
gains; if there are no such gains or the gains are less than 5,000 yuan, he
shall be fined not less than 5,000 yuan but not more than 20,000 yuan. If the
offence constitutes a crime, he shall be investigated for criminal liability in
accordance with law.
A certificate of family planning that is obtained by illegitimate means shall
be revoked by the administrative department for family planning; if the fault
lies with the unit that issues such a certificate, the persons who are directly
in charge and the other persons who are directly responsible shall be given
administrative sanctions in accordance with law.
Article 38 Persons providing technical services for family planning who serve
against rules and regulations or delay rescue measures, diagnosis or treatment,
if the consequences are serious, shall, in accordance with relevant laws and
administrative regulations, bear appropriate legal liability.
Article 39 Any functionary of a State organ who commits one of the following
acts in the work of family planning, if the act constitutes a crime, shall be
investigated for criminal liability in accordance with law; if it does not
constitute a crime, he shall be given an administrative sanction in accordance
with law; his unlawful gains, if any, shall be confiscated:
(1) infringing on a citizen's personal rights, property rights or other
legitimate rights and interests;
(2) abusing his power, neglecting his duty or engaging in malpractices for
personal gain;
(3) demanding or accepting bribes;
(4) withholding, reducing, misappropriating or embezzling funds for family
planning or social maintenance fees; or (5) making false or deceptive statistic
data on population or family planning, or fabricating, tampering with, or
refusing to provide such data.
Article 40 Any unit that, in violation of the provisions of this Law, fails
to perform its obligation of assisting in the administration of family planning
shall be instructed to make rectification and be criticized in a circular by the
local people's government concerned; the persons who are directly in charge and
the other persons who are directly responsible shall be given administrative
sanctions in accordance with law.
Article 41 Citizens who give birth to babies not in compliance with the
provisions of Article 18 of this Law shall pay a social maintenance fee
prescribed by law.
Citizens who fail to pay the full amount of the said fees payable within the
specified time limit shall have to pay an additional surcharge each in
accordance with relevant State regulations, counting from the date each fails to
pay the fees; with regard to ones who still fail to make the payment, the
administrative department for family planning that makes the decision on
collection of the fees shall, in accordance with law, apply to the people's
court for enforcement.
Article 42 Where the person who fail to pay the social maintenance fees
prescribed in Article 41 of this Law is a State functionary, he shall, in
addition, be given an administrative sanction in accordance with law; with
regard to a person other than the State functionary, a disciplinary measure
shall, in addition, be taken against him by the unit or organization where he
belongs.
Article 43 Anyone who resists or hinders the administrative department for
family planning or its staff members in their performance of their official
duties in accordance with law shall be subject to criticism and be stopped by
the administrative department for family planning. If his act constitutes a
violation of the administrative regulations for public security, he shall, in
accordance with law, be given a penalty for the violation; if it constitutes a
crime, he shall be investigated for criminal liability.
Article 44 Citizens, legal persons or other organizations that believe an
administrative department infringes upon their legitimate rights and interests
while administering the family planning program may, in accordance with law,
appeal for administrative review or initiate administrative proceedings.
Chapter VII Supplementary Provisions
Article 45 Specific measures for family planning among migrant persons and
for providing to them family planning technical services, and measures for
collecting social maintenance fees shall be formulated by the State Council.
Article 46 Specific measures for implementing this Law by the Chinese
People's Liberation Army shall be formulated by the Central Military Commission
in accordance with this Law.
Article 47 This Law shall go into effect as of September 1, 2002.
