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

on birth control administration， the township people‘s government， neighborhood office and other related departments shall inflict a punishment according to the related rules of these measures.

　　If a temporary resident has already been punished in the place of registered permanent residence because of violation of the regulat

ions on birth control， there shall be no more punishment in the place of current residence for the same violation.

　　Chapter VI Preferential Treatment and Awards

　　Article 34 If the staff members of government offices， the employees of enterprises and institutions （including contract workers， the same below） have the late marriage， 10 days shall be added to their marriage leave； if they have the late childbirth， 15 days shall be added to their maternity leave. As for farmers and other people who have the late marriage an late childbirth， the people‘s governments of the district and township where they are residents shall give commendation and awards.

　　Article 35 The persons who have obtained Certificate of Only Child shall enjoy the following preferential treatments：

　　（1） if both parties of a married couple are the staff members of government offices in post or the employees of enterprises and institutions， a health subsidy of no less than 30 RMB per month shall be granted from the date of issuance of the certificate until the date when the child is 14 years old， and the units which the couple are affiliated with shall bear this expense by 50% for each unit； if one party is the staff member of a government office or the employee of an enterprise or institution and the other party has no job， the unit which the staff member or the employee of an enterprise or institution is affiliated with shall bear all the expense for the subsidy； if both parties have no job， the neighborhood office shall have an overall plan to deal with this problem.

　　（2） if a puerperal woman applies for Certificate of Only Child in 3 months after childbirth， 35 days shall be added to the maternity leave prescribed by the state.

　　Article 36 If a person enjoys the marriage leave， the maternity leave according

　　to Articles 34， 35 of these measures， the unit which the person is affiliated with shall pay wages and full attendance awards， and the original welfare benefits shall not be affected.

　　Article 37 If a staff member of a government office or an employee of an enterprise or institution has had only one childbirth or adopted only one child without childbirth， the retirement pension shall be increased by 5% （except for those who have 100% of their wages as retirement pension）。 As for a staff member of a government office or an employee of an enterprise or institution who has no child， their retirement pension shall be 100% of their wages.

　　Article 38 Commendations and material awards shall be given to the people‘s governments at various levels and their chief officers who have completed the population plan of the current year，　and the units and individual who are the role models in birth control and have had great achievements in the work of birth control.

　　The birth control awards of enterprises and institutions shall be calculated as 1.5% of the total standard wages of a unit‘s employees and paid as an annual budgetary expenditure of the unit； an enterprise may retain its birth control awards within 1/1000 of the current taxable earnings.

　　Article 39 As for a married couple who are both farmers having only one child or having a ligation operation after they have given birth to two daughters， the district， township people‘s governments shall work out appropriate measures for awards and old age insurance， establish and improve， in the light of the local conditions， the population foundation， etc. as a way to provide a preferential treatment for such kind of couple to have resources to live when they are old.

　　Chapter VII Punishment Provisions

　　Article 40 If there is violation of these measures by having an unplanned childbirth， the township people‘s government， neighborhood office and the unit where the childbirth occurs shall deal with the case according to the following rules：

　　（1） if urban residents have one unplanned childbirth， bo

th parties of the couple shall be imposed on one-time unplanned childbirth fees of seven years which is calculated for each year as 50% of the average annual income of the local employees of the last year （the figure released by the statistics department of the district where the concerned party is a resident shall be taken as the standard）。 If there are more than one unplanned childbirth， the fees shall be multiplied by the number of unplanned childbirths. Both parties of the married couple shall have no promotion to a higher office， no promotion to a higher post， no promotion in professional and technological titles， no honor as an advanced individual， no employment to be a worker or a staff member of a government office， no awards （except the awards for scientific research achievements， invention， and special contributions） and allowance for living expenses， and no medical welfare for the children of unplanned birth. As for staff members of government offices or employees of enterprises and institutions， their units shall impose disciplinary sanctions of dismissal or discharge according to the seriousness of circumstances.

　　（2） if rural residents have one unplanned childbirth， both parties shall be imposed on one-time unplanned childbirth fees of seven years which is calculated for each year as 50% of the average annual income of local laborers within the township. If there are more than one unplanned childbirth， the fees shall be multiplied by the number of unplanned childbirths. Both parties　of the married couple shall have no chance to be employed as a worker or a staff member of a government office， no chance to work in a village and township enterprise， no collective welfare benefits provided by the state and the collectives such as medical care， labor insurance， housing， free education and others.

　　（3） if the second childbirth occurs in less than 4 years which are the required interval， one-time unplanned childbirth fees of 1 to 3 years shall be imposed according to the years ahead of the prescribed date for the interval.

　　（4） if a married woman has the first childbirth when she has not reached the late childbirth age， the unplanned childbirth fees shall be levied until she is 24 years old；

　　（5） if a woman has a childbirth when she has not reached the legal age for marriage or has other illegitimate childbirth， the unplanned childbirth fees of 2 to 7 years shall be levied.

　　Illegal adoption of other person‘s child shall be dealt with as unplanned childbirth.

　　When the unplanned childbirth fee is levied， a notice of decision on fee collection

　　and an uniform receipt shall be issued.

　　Article 41 If one of the following acts has been taken， the municipal， district departments of birth control shall impose a fine of more than 5，000 but less than 20，000 RMB　and suggest the related departments or units to inflict a disciplinary sanction on the doer：

　　（1） to hide the person violating the birth control rules so that the unplanned childbirth occurs；

　　（2） to lie， hide the truth in making reports on one‘s own childbirth；

　　（3） to gain by fraud， purchase the childbirth certificates；

　　（4） to identify the gender of a fetus without authorization；

　　（5） the non-medial personnel or medical personnel without Qualification Certificate of Birth Control Skills perform birth control operations or take out intrauterine devices without authorization；

　　（6） the medical personnel， birth control personnel or other related personnel take advantage of their posts to perform false birth control operations， conduct false medical appraisal or issue false certificates on ligation and other false birth control certificates.

　　If a social medical institution has violated Article 26 and taken the acts referred to

　　in the above-mentioned Items （5） or （6）， the municipal. district departments of birth control shall sug

gest the administrative department of health to revoke its Practicing License.

　　Article 42 If one of the following acts has been taken， the department of public security shall impose a fine of more than 5，000 but less than 20，000 RMB：

　　（1） to obstruct the birth control personnel from execution of public duties， interfere in and thwart the implementation of birth control measures， and cause serious consequences；

　　（2） to threaten， beat the birth control personnel or intentionally damage their property， and seriously disturb their normal family lives and production；

　　（3） to start a rumor to cheat the masses， instigate trouble， disturb the working order of birth control， destroy the property of the department of birth control；

　　（4） to forge， alter， steal and sell birth control certificates， official seals.

　　If the above-mentioned acts have violated the rules on management of public

　　security， the department may impose the administrative detention according to the regulations on punishment in respect to management of public security； if a crime has been constituted， the criminal responsibility shall be ascertained according to law.

　　Article 43 If a person who should take birth control measures has still refused to do so after education， the departments of birth control of the township， neighborhood where the person is a resident may collect in advance 500-3，000 RMB as a cash deposit for birth control， and

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