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

order taking the birth control measures by a deadline. After the birth control measures have been taken， the deposit shall be returned.

　　Article 44 As concerns the employing unit or employer who has violated the second section of Article 30 of these measures， the local department of birth control shall impose a fine of 500 RMB per person according to the number of temporary residents employed without verifying the birth control certificate. If there is the second violation， the department of birth control may suggest the related responsible department to order stopping business for rectification.

　　As concerns the temporary residents of childbearing ages who have no birth control certificate or failed to present the birth control certificates after the deadline， the local department of birth control may impose a fine of more than 300 but less than 500 RMB per person， and order presenting the certificates by a deadline.

　　Article 45 As concerns the unit which has not made effective efforts to implement the regulations on birth control and failed in carrying out the responsibility system of birth control so that the unplanned childbirth occurred in that year， the department of birth control of the district where the unit is located shall impose a fine of more than 10，000 but less than 50，000 RMB according to the seriousness of circumstances， and investigate into the administrative responsibility of the related leaders and responsible persons of the unit according to law.

　　Article 46 In case of refusing to implement the birth control measures and to pay the unplanned childbirth fee or fine， the local department of public security， industrial and commercial administration， labor， etc. may take administrative measures such as temporarily seizure of the business license， driver‘s license， temporary residence certificate， work permit， etc.； the termination of a contract or a lease， lay-off， taking back a house shall be imposed on the temporary resident， the related unit and employer. The temporarily seized licenses and certificates shall be returned after the birth control measures have been implemented and the payment has been made.

　　Article 47 If the party concerned has refused to accept the decision on levying the unplanned childbirth fee or fine， an application may be filed for review to the office one level higher than that having made the decision on the unplanned childbirth fee or fine within 15 days from the date of

receiving the notice on the levy or fine. The reviewing office shall make a decision of administrative review within 60 days from the date of receiving the application for review.

　　If the party concerned has refused to accept the penalty imposed by the related municipal department in charge， an application for review may be filed to the administrative review office of the municipal people‘s government.

　　If the party concerned has refused to accept a review decision， a legal action may be taken at the people‘s court within 15 days from the date of receiving the notice on review decision.

　　If the party concerned has failed either to apply for review or to take legal action against a review decision within the legal time limit， and continues to refuse the implementation of the related decision， the office making the decision may apply to the people‘s court for enforcement according to law.

　　Chapter VIII Supplementary Provisions

　　Article 48 Awards to the young couples of late marriage， the birth control personnel who have won the certificates of honor for the birth control work， and subsidies to the people who have accepted birth control operations shall be granted according to the appendix to these measures Standards of the Shenzhen Special Economic Zone for Birth Control Awards and Subsidies.

　　Article 49 The childbirth of the spouses of Hong Kong， Macao and Taiwan compatriots and foreign citizens whose registered permanent residences are in the Special Zone， the returned overseas Chinese and the relatives of the overseas Chinese， and also the childbirth abroad of the persons whose registered permanent residence are in the Special Zone shall follow these measures unless the state has express provisions.

　　Article 50 The various district people‘s governments shall， on condition that there is no contradiction with these measures， work out the administrative provisions to implement these measures in the light of local practical conditions and report to the municipal people’s government for record.

　　Article 51 These measures shall take effect as of the date of promulgation.

　　If there is any contradiction between these measures and the related documents issued by the Shenzhen Municipality， these measures shall be taken as the standards.

　　Appendix： Standards of the Shenzhen Special Economic Zone for Birth Control Awards and Subsidies

　　An award of 50 RMB shall be granted to a staff member of a government office or an employee of an enterprise or an institution who has the late marriage by the unit which the person is affiliated with at the end of each year until the male is 30 years old and the female is 28 years old.

　　To anyone of the birth control personnel　who has a certificate of honor for the birth control work approved and issued by the state department in charge of birth control， a one-time award equivalent to the person‘s four-month basic wages shall be granted by the unit the persons is affiliated with.

　　To a staff member of a government office or an employee of an enterprise or an institution in post who accepted a birth control operation which has been certified by a hospital， the unit which the person is affiliated with shall grant a one-time subsidy according to the following standards：

　　（1） 200 RMB for vasoligation；

　　（2） 300 RMB for oviduct ligation；

　　（3） 100 RMB for induced abortion in less than 3 months of pregnancy；

　　（4） 200 RMB for induced abortion after 3 months of pregnancy.

　　The adjustments of the above-listed standards for awards and subsidies shall be confirmed by the municipal department of birth control on the basis of price indexes， and reported to the municipal people‘s government for approval before the adjustments are put into practice

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