深圳经济特区计划生育管理办法(暂行) Order of the Shenzhen Municipal People’s Government
2009-03-24 法律英语 来源:互联网 作者: ℃Article 17 All the married persons who want to transfer, move in shall bring the certificates of their implementation of birth control or the childbirth certificates issued by the departments of birth control of their original places of domicile; only after the related departments have verified these certificates shall their transfer, moving in be processed.
Article 18 If a person of childbearing ages registered as a permanent resident of the Special Zone has to temporarily leave the Special Zone, this person shall apply and obtain a birth control certificate from the township people‘s government or neighborhood offices of the place of domicile before departure. If a person who violated the birth control has refused to accept a sanction, the sanction shall be accepted before departure.
Chapter IV Measures of Birth Control
Article 19 A married couple who are fertile but have no childbirth certificate shall take measures of birth control. Contraception shall be the primary choice as a measure of birth control. A woman who has already had one child born shall have an intrauterine device planted, as for a married couple who have two or more children born, one party shall have an operation of ligation.
If a township- or higher level hospital or a technological institution of birth control has proved that it is not suitable for a woman of childbearing ages to have an intrauterine device planted, this woman may take other measures of birth control.
Article 20 If there is one of the following situations, one party or both parties of a married couple of childbearing ages shall postpone ligation, and take other measures of birth control:
(1) the female party has had an intrauterine device planted for more than 5 years;
(2) a couple have never failed in comprehensive measures for birth control and their children have already been 7 years old;
(3) a township- or h
igher level hospital has proved that it is not suitable for both parties to have an operation of ligation;
(4) the ligation postponement has been approved by a birth control department at the level higher than township because of other special situations.
Article 21 When a hospital certifies that a person has accepted a birth control
operation, the unit that this person is affiliated with shall follow the following rules and give allowances according to the prescribed standards:
(1) in case of planting an intrauterine device, a 3-day leave from the date of operation shall be granted, and no heavy physical labor shall be assigned in 7 days after operation;
(2) in case of vasoligation, a 7-day leave from the date of operation shall be granted; in case of ligation of oviduct, a 21-day leave from the date of operation shall be granted;
(3) in case of abortion in less than three months of pregnancy, a 15-day leave from the date of operation shall be granted; in case of abortion after more than three months of pregnancy, a 42-day leave from the date of operation shall be granted.
In case of having two operations, the days of taking such a leave shall be the sum of the days to take leaves for two operations.
Article 22 If a birth control operation is done according to these measures, the operation fees shall be paid in compliance with the following rules:
(1) in case of participating in the employee medical insurance plan, the payment shall be made from the medical insurance plan;
(2) in case of not participating in the employee medical insurance plan, the payment shall be made by the unit the person who had operation is affiliated with;
(3) as for urban unemployed people and farmers, their operations fees shall be paid from the local birth control funds;
(4) If a person working for a government office or an employee of an enterprise or institution has a spouse as a rural resident and has had a birth control operation when visiting the spouse, the operation fees shall be paid by the unit which the person or the employee is affiliated with.
Article 23 A person taking a leave according to Article 21 of these measures
after accepting a birth control operation shall be entitled with a full pay, welfare benefits, and evaluation for a full attendance award in the days on leave.
Article 24 After a married couple of childbearing ages had a birth control operation, if there is a special situation such as the death of the child, etc. which are in line with the rules on birth control, they may apply on their own to a district- or higher level department of birth control for reduction of spermatic duct (oviduct)。
The expense of operation referred to in the above section shall be paid according to Article 22 of these regulations.
Article 25 If a municipal or district institution of technological appraisal of birth control has diagnosed a complication of birth control operation, a medical institution designated by the municipal or district department of birth control shall be responsible for treatment. The expense of the medical treatment shall be paid according to Article 22.
When a complication of birth control operation leads to a person‘s loss of ability to work, it shall be dealt with as an industrial accident if the person is a staff member of a government office or an employee of an enterprise or institution; if the person is one of the urban unemployed or other kind of people, the local people’s government shall give subsidies.
If a complication of birth control operation is caused by a medical accident, it shall be dealt with according to the state rules on medical accidents.
Article 26 A medical institution performing birth control operations and an institution of birth control services shall have the technological conditions for operations
and obtain License of Birth Control Operations; the personnel performing birth control operations shall have Qualification Certificate of Birth Control Skills.
The medical personnel without Qualification Certificate of Birth Control Skills shall not independently perform a birth control operation; the non-medical personnel shall not perform a birth control operation.
Article 27 An institution of birth control services, an unit of medicine distribution and an unit approved to be engaged in distribution of birth control medicine and medicinal instruments shall abide by the rules on the distribution of birth control medicine and medicinal instruments, accept the unified administration and inspection of the municipal department of birth control, and shall not distribute fake, inferior or counterfeit medicine, medical instruments for birth control.
Chapter V Administration of Birth Control of Temporary Residents
Article 28 The birth control of temporary residents shall be administered jointly by the people‘s governments of the places of their registered permanent residence and current residence according to the related rules of the state.
The people‘s governments at various levels shall unitarily lead and coordinate the departments of birth control, public security, industrial and commercial administration, labor, health, construction, transportation, civil administration, finance, etc. in effectively strengthening the administration of the birth control of temporary residents of their respective jurisdictions and in comprehensively carrying out the birth control of temporary residents.
Article 29 If a person of childbearing ages without registered permanent residence in Shenzhen applies for working, engaging in business, temporarily staying within the Special Zone, a birth control certificate issued by the department of birth control of the place of the person‘s registered permanent residence shall be presented to the township people’s government or neighborhood office of the place of the current residence for verification.
The township people‘s government or neighborhood office, after verifying the birth control certificate, shall register and issue a verification certificate. If there is no birth control certificate presented or the birth control certificate is not complete, the verification certificate of birth control shall not be issued.
Article 30 When examining and approving a temporary residence permit, business license, and work permit, the departments of public security, industrial and commercial administration, labor, etc., shall first check the verification certificate of birth control issued by the township people‘s government or neighborhood office of the place of current residence and then process the examination and approval.
An employing unit or employer shall not employ a temporary resident who has not gone through the formalities of verification of birth control.
Article 31 If a temporary resident wants to have childbirth in the Special Zone, the childbirth certificate issued in the place of registered permanent residence shall be brought to the department of birth control of the place of current residence for verification before childbirth.
Article 32 The expense of the birth control operation of a floating person shall be paid by the employing unit or employer; as for a person who has no employing unit, the expense shall be paid from the birth control administration fund of the place of current residence.
Article 33 If a temporary resident has violated the rules
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