Regulations on the Work of Family Planning Among the Migrant Population

Updated: 2014-06-05

Article 14 Villagers committees and residents committees of the places where the migrants are currently staying shall assist the township or town people’s governments or the sub-district offices of their localities in learning about the family planning status of the migrants in the villages or the local residential areas and promptly report the related information to the township or town people’s governments or the sub-district offices.

The relevant organizations and individuals, such as the intermediary service institutions engaged in house lease, persons engaged in house renting/lending and property management service enterprises, shall truthfully provide information about the family planning status of the migrants to the villagers committees or the residents committees upon the latter’s inquiry.

Article 15 Employer units shall properly do the work of family planning among the migrants of their own units, provide the family planning rewards and preferential treatment in accordance with law for the migrants as specified by laws, regulations and rules, and accept the supervision and inspection by the township or town people’s governments or the sub-district offices of their localities and the population and family planning departments of the local people’s governments at or above the county level.

Article 16 A couple of childbearing age who is going to have their first child may register for childbirth services at the township or town people’s government or the sub-district office of the place where they are currently staying. When registering for such services, they shall provide the following certifying documents:

(1) the resident identification cards of both husband and wife;

(2) the marriage certificate;

(3) the woman’s certificate of marital and childbearing status, and the certifying documents of marital and childbearing status issued by the township or town people’s government or the sub-district office of the place where the man’s residence is registered.

The township or town people’s government or the sub-district office of the place where the couple of childbearing age are currently staying shall, within seven working days from the date of receipt of the woman’s certificate of marital and childbearing status and the man’s certifying documents of marital and childbearing status, verify the related information with the township or town people’s government or the sub-district office of the place where the residence of the couple is registered. The township or town people’s government or the sub-district office of the place where the residence of the couple is registered shall respond to the requested verification within 15 working days from the date of receipt of the request. If information is proved correct through verification, the township or town people’s government or the sub-district office of the place where the couple are currently staying shall register the couple for childbirth services promptly upon receipt of the response; if information is proved incorrect through verification and such registration is rejected, reasons shall be given in writing.

The township or town people’s government or the sub-district office of the place where the couple of childbearing age are currently staying shall, within 15 working days from the date of registration for childbirth services, report the outcome of registration to the township or town people’s government or the sub-district office of the place where the residence of the couple is registered.

Article 17 No fee may be charged for issuing certificates of marital and childbearing status or other certifying documents concerning family planning.

Funds needed for the work of family planning among the migrant population shall be guaranteed in accordance with the relevant provisions of the State.

Article 18 The local people’s governments and the relevant departments of the governments at various levels, and the villagers committees and the residents committees and their staff that provide assistance in verifying the certificates of marital and childbearing status shall keep confidential the information of the migrants which involves citizens’ privacy.

Article 19 Where the population and family planning department of the people’s government at or above the county level fails to fulfill its functions and duties relating to the work of family planning among the migrant population in accordance with the provisions of these Regulations, the people’s government at the corresponding level or the population and family planning department of the people’s government at a higher level shall order it to make corrections and criticize it in a circular; if the circumstances are serious, the principal responsible person, persons in charge with competent accountability and other persons with competent accountability shall each be given a sanction in accordance with law.

Article 20 Where the township or town people’s government or the sub-district office of the place where the residence of migrants is registered is found in one of the following circumstances in the work of family planning among the migrant population, the people’s government at a higher level over the township or town people’s government or the people’s government that establishes the sub-district office shall respectively order it to make corrections and criticize it in a circular; if the circumstances are serious, the principal responsible person, persons in charge with competent accountability and other persons with competent accountability shall each be given a sanction in accordance with law:

(1) failing to issue certifying documents concerning family planning for the migrants in accordance with the provisions of these Regulations, or issuing false certifying documents concerning family planning, or charging fees for issuing certifying documents concerning family planning;

(2) in violation of the provisions of these Regulations, requiring the married women of childbearing age to return to the places where their residence is registered and be examined for contraception and birth control;

(3) failing to provide family planning rewards and preferential treatment for the migrants in accordance with law;

(4) failing to respond in accordance with the provisions of these Regulations to the request for family planning information of the migrants made by the township or town people’s governments or the sub-district offices of the places where the migrants are currently staying; or

(5) other circumstances that violate the provisions of these Regulations.

Article 21 Where the township or town people’s government or the sub-district office of the place where the migrants are currently staying is found in one of the following circumstances in the work of family planning among the migrant population, the people’s government at a higher level over the township or town people’s government or the people’s government that establishes the sub-district office shall respectively order it to make corrections and criticize it in a circular; if the circumstances are serious, the principal responsible person, persons in charge with competent accountability and other persons with competent accountability shall each be given a sanction in accordance with law:

(1) failing to provide gratis, in accordance with the provisions of these Regulations, the couples of childbearing age with the basic items of family planning technical services specified by the State, or failing to provide family planning rewards and preferential treatment for the migrants in accordance with law;

(2) failing to verify the certificates of marital and childbearing status in accordance with the provisions of these Regulations;

(3) failing to register the couples of childbearing age for childbirth services in accordance with the provisions of these Regulations, or issuing false certifying documents concerning family planning, or charging fees for issuing certifying documents concerning family planning;

(4) failing to report family planning information of the migrants to the township or town people’s governments or the sub-district offices of the places where the residence of the migrants is registered in accordance with the provisions of these Regulations; or

(5) other circumstances that violate the provisions of these Regulations.

Article 22 Where any department of the people’s government at the county level for public security, civil affairs, human resources and social security, health, etc. or the administrative department for industry and commerce at the county level of a place where the migrants are currently staying violates the provisions of Article 9 of these Regulations, the people’s government at the corresponding level or the competent department of the people’s government at a higher level shall order it to make corrections and criticize it in a circular.

Article 23 Where any migrants fail to obtain the certificates of marital and childbearing status in accordance with the provisions of these Regulations, the township or town people’s governments or the sub-district offices of the places where the migrants are currently staying shall notify them to go through formalities for obtaining the certificates within three months from the date of notification; if they fail to do so or refuse to submit the certificates of marital and childbearing status upon expiration of the given time limit, the township or town people’s governments or the sub-district offices of the places where the migrants are currently staying shall criticize and educate them.

Article 24 Where an employer unit violates the provisions of Article 15 of these Regulations, the population and family planning department of the people’s government at the county level of the place where the unit is located shall order it to make corrections and criticize it in a circular.

Where the relevant organizations or individuals, such as the intermediary service institutions engaged in house lease, persons engaged in house renting/lending and property management service enterprises, fail to truthfully provide information about the migrants in accordance with the provisions of these Regulations, the township or town people’s governments or the sub-district offices of their localities shall order them to make corrections and criticize and educate them.

Article 25 These Regulations shall be effective as of October 1, 2009. The Measures for Administration of Family Planning Among the Migrant Population approved by the State Council on August 6, 1998, and promulgated by the former State Family Planning Commission on September 22, 1998, shall be repealed simultaneously.