深圳经济特区计划生育管理办法（暂行） Order of the Shenzhen Municipal People’s Government

深圳市人民政府令第26号

（No. 26）

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 administrat

ion， 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.

　　Ar

ticle 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

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