Adopted at the 37th meeting of the Standing Committee of the Ninth People's Congress of Hubei Province on February/KLOC-0, 2002. 20081Revised at the Seventh Meeting of the Standing Committee of the Eleventh People's Congress of Hubei Province on 29 October (165438)

Announcement of the Standing Committee of Hubei Provincial People's Congress (No.90)

The Regulations on Population and Family Planning in Hubei Province was revised and adopted by the seventh meeting of the Standing Committee of the Eleventh People's Congress of Hubei Province on 29 October 2008. It is hereby promulgated and shall come into force on 29 March 2009.

Hubei Provincial People's Congress Standing Committee

2008165438+129 October

Chapter I General Principles

Article 1 In order to strengthen the population and family planning work, stabilize the low fertility level, solve the population problem as a whole, and protect the legitimate rights and interests of citizens, these Regulations are formulated in accordance with the Population and Family Planning Law of the People's Republic of China and combined with the actual situation of this province.

Article 2 Citizens with household registration and non-household registration in this province, as well as state organs, social organizations, enterprises, institutions and other organizations within the administrative area of this province, shall abide by these regulations.

Article 3 Population and family planning work should strengthen comprehensive management, provide quality services, rely on scientific and technological progress, establish a working mechanism for comprehensively managing the sex ratio of the birth population, improve the reward and social security system, adhere to the policy of giving priority to publicity and education, giving priority to contraception and regular work, control the population, improve the quality of the population and improve the population structure.

Article 4 People's governments at all levels shall lead the population and family planning work within their respective administrative areas and implement the target management responsibility system in which the main leaders are responsible.

The population and family planning administrative departments of the people's governments at or above the county level shall be responsible for family planning work and population work related to family planning within their respective administrative areas.

The population and family planning administrative departments of the people's governments at or above the county level may entrust the population and family planning law enforcement agencies to undertake specific work related to the administrative law enforcement of population and family planning.

The relevant departments of the people's governments at or above the county level shall be responsible for the relevant population and family planning work in accordance with their respective responsibilities.

Trade unions, the Communist Youth League, women's federations, family planning associations and other social organizations, enterprises and institutions, other organizations and citizens shall assist the people's government in carrying out population and family planning work.

Article 5 The implementation of family planning is the common responsibility of every citizen and the whole society.

The legitimate rights and interests of citizens in family planning are protected by law. Both husband and wife have the same responsibility in carrying out family planning.

Article 6 People's governments at all levels shall, in accordance with the relevant provisions of the state, arrange and implement funds for population and family planning work, ensure that the growth rate of financial investment in population and family planning is higher than the growth rate of recurrent financial revenue, and ensure the needs of population and family planning work. Give priority to the development of population and family planning in poverty-stricken areas and ethnic minority areas.

The funds for population and family planning work should be earmarked. The people's governments at or above the county level and their population and family planning administrative departments shall strengthen the supervision and management of the funds for population and family planning work. No unit or individual may withhold, embezzle or misappropriate funds for population and family planning work.

Encourage social organizations, enterprises and institutions, other organizations and individuals to contribute to the work of population and family planning.

Seventh establish a reward system for reporting population and family planning. If the report is true, the administrative department of population and family planning of the people's government at or above the county level shall reward it.

Chapter II Organization and Management

Article 8 The people's governments at or above the county level shall, according to the population development plan formulated by the people's government at the next higher level and in combination with the local population development situation, formulate the population development plan of their respective administrative areas and incorporate it into the national economic and social development plan. The administrative department of population and family planning of the people's government at or above the county level shall, under the leadership of the people's government at the corresponding level, formulate and organize the implementation of the implementation plan of population and family planning in their respective administrative areas, implement the target management responsibility system for population and family planning work, and conduct regular assessments. If the annual assessment fails to reach the assessment target of population and family planning work responsibility system, it shall not be rated as advanced and awarded the honorary title in that year, and the main person in charge and the person directly responsible shall not be promoted in that year.

All kinds of regulations formulated by people's governments at all levels and their subordinate departments shall be conducive to population and family planning work.

Ninth population and family planning work to implement territorial management.

Township (town) people's governments and urban neighborhood offices are responsible for the population and family planning work within their respective jurisdictions.

Village (neighborhood) committees shall incorporate population and family planning into the content of village (neighborhood) people's autonomy, and implement various systems and measures of population and family planning through forms suitable for village (neighborhood) people's autonomy.

State organs, social organizations, enterprises, institutions and other organizations shall assist and cooperate with local township (town) people's governments and urban street offices in carrying out population and family planning work, and implement the legal representative responsibility system.

Township (town) people's governments, urban neighborhood offices, village (neighborhood) committees, state organs, social organizations, enterprises, institutions and other organizations shall be equipped with full-time (part-time) population and family planning staff according to the actual situation, and arrange the necessary working funds.

Article 10 People's governments at all levels and their population and family planning administrative departments shall, in accordance with their statutory duties, strengthen the family planning service and management of floating population, incorporate the floating population into the total population of their current residence, establish a family planning service management network for floating population, and improve the family planning management system and organizational form of floating population.

The family planning of the floating population is managed by the people's government of the place where the floating population is registered and the place of residence, mainly the place of residence. The people's governments of the domicile and current residence shall cooperate with each other, establish and improve the regular contact system, and carry out the work of family planning publicity and education, birth control measures, marriage and childbearing certificate management, technical services and reward and punishment measures for the floating population.

The people's government at a higher level shall strengthen the supervision and inspection of the family planning work of the floating population of the people's government at a lower level, take the family planning of the floating population as the key assessment content of the target management responsibility system, and implement a two-way assessment based on the current residence.

Article 11 If a woman of childbearing age leaves her domicile and goes to other places to engage in work and business activities, she shall go to the township (town) people's government or sub-district office where her domicile is located to handle the Marriage and Childbearing Certificate of Floating Population before going out, and married women of childbearing age shall also sign a contract for the management of family planning services.

After the women of childbearing age arrive at their current residence, they shall submit the certificate of marriage and childbearing of floating population to the local township (town) people's government or the subdistrict office, and enjoy the free basic project family planning technical service. Women of childbearing age who have given birth to children shall regularly send proof of contraception and birth control verified by the population of their current residence and the family planning administrative department to the domicile.

Article 12 The public security, industry and commerce, construction and other departments shall check the marriage and childbirth certificates of the floating population of women of childbearing age and the maternity certificates of pregnant women when going through the formalities of floating population registration, industrial and commercial registration, real estate registration, etc., and inform the local population and family planning administrative departments of the inspection in time to assist in the family planning service and management of the floating population.

Units and individuals that accept women of childbearing age to work or rent or lend houses for women of childbearing age to live in shall examine the marriage and childbearing certificates of floating population and the maternity certificates of pregnant women, and report the inspection to the local population and family planning administrative departments in a timely manner. If there is no marriage and childbirth certificate of floating population and maternity certificate of pregnant women, it shall be informed to reissue it. Do not meet the requirements of laws and regulations, shall assist in the implementation of measures to terminate pregnancy.

Thirteenth to strengthen the publicity and education of basic knowledge of population and family planning.

Publicity and education on population and family planning should be targeted, focusing on various forms of publicity and education for rural residents and urban community residents to promote the construction of socialist fertility civilization. Schools should educate students on population and family planning according to the characteristics of the educated.

The mass media within the administrative area of this province shall, according to the actual situation, strengthen the public welfare propaganda of population and family planning. Major newspapers, radio stations, television stations and websites in the province shall incorporate population and family planning into the publicity plan, arrange special topics and broadcast time, and carry out public welfare publicity on population and family planning.

Chapter III Birth Control

Article 14 Citizens are encouraged to marry late and have children late. If both men and women marry late for more than three years according to the legal age of marriage (first marriage), it is a late marriage; If a married woman is pregnant and gives birth to her first child after reaching the age of 23, it is a late childbirth.

Fifteenth advocates a couple to have only one child. Those who meet the requirements of these regulations may have another child upon approval.

Illegal childbearing is prohibited.

Sixteenth both husband and wife are urban residents, who meet one of the following conditions, can apply for a second child:

(a) the first child is disabled and cannot grow into a normal labor force, but it is medically considered that she can give birth again;

(2) Having no children and giving birth after adopting a child according to law;

(3) Both husband and wife are returned overseas Chinese;

(4) Both husband and wife are only children.

Seventeenth both husband and wife are rural residents, in addition to meet the provisions of article sixteenth of this Ordinance, meet one of the following conditions, can also apply for the birth of a second child:

(a) one of the spouses is an only child for more than two generations;

(two) one of the husband and wife is a disabled soldiers of Grade B or above;

(3) The man goes to the only daughter's house to get married and settle down;

(four) both husband and wife have only one child;

(5) Both husband and wife are ethnic minorities.

The provisions of the preceding paragraph shall not apply to state functionaries.

Eighteenth remarried couples, one of whom has only one child and the other has no children, may apply for another child. If one of the remarried couples has given birth to two children and the other has not, they may apply for another child.

Article 19 If one of the husband and wife is an urban resident and the other is a rural resident, the provisions of these Regulations on the birth of urban residents shall apply.

The provisions of this Ordinance on the birth of urban residents shall apply to couples who have changed from urban residents to rural residents.

The provisions of Article 17 of these Regulations can be applied to those who become urban residents within two years from the date of rotation.

Twentieth husband and wife are foreigners or residents of Hong Kong Special Administrative Region, Macao Special Administrative Region, compatriots in Taiwan Province Province, as well as overseas Chinese, returned overseas Chinese and students studying abroad, according to the relevant provisions of the state.

Article 21 If a couple gives birth to their first child, they should go to their unit or village (neighborhood) committee to get the "Birth Service Certificate" before giving birth, and enjoy free basic reproductive health care services and family planning technical services by virtue of the "Birth Service Certificate".

In accordance with the provisions of Article 16, Article 17 and Article 18 of this Ordinance, before pregnancy, both husband and wife shall apply to the township (town) people's government or subdistrict office where the woman's household registration is located, and submit the following materials:

(1) Marriage certificates, household registration books and identity cards of both parties;

(two) my birth and adoption certificate issued by the unit or village (neighborhood) committee of both parties;

(three) other certificates that meet the requirements of these regulations.

The people's government of a township (town) or the sub-district office shall put forward an audit opinion within 10 days from the date of accepting the application, and submit it to the population and family planning administrative department of the people's government at the county level for examination and approval together with the applicant's certification materials. The administrative department of population and family planning of the people's government at the county level shall, within 20 days from the date of receiving the submitted materials, issue a "birth certificate" to those who meet the conditions; Do not meet the requirements, it shall notify the parties in writing and explain the reasons. In accordance with the provisions of article sixteenth (a) of this Ordinance, the city (state) family planning technical appraisal organization shall also conduct medical appraisal.

Village (neighborhood) committees or other organizations shall promptly announce the issuance of birth certificates and accept supervision by the masses. The provisions of this Ordinance "birth certificate" and "birth certificate" shall use the standardized text printed uniformly, and the above-mentioned documents shall be charged according to the standards approved by the price department.

Twenty-second approved the birth of a second child or another child, to receive a "birth certificate" before giving birth. Because of changes in household registration or marital status, they no longer meet the reproductive conditions, or rural residents have been converted into urban residents for less than two years, the population and family planning administrative department of the people's government at the county level shall withdraw the birth certificate and inform the parties in writing.

Twenty-third in accordance with the provisions of these regulations, you can have a second child or another child, but you may not have another child under any of the following circumstances:

(a) non-medical need to choose sex to artificially terminate pregnancy;

(2) Deliberately causing the infant's death;

(3) Self-reported infant death without death evidence or proof;

(4) Abandoning children.

Article 24 If an organization with legal appraisal qualification confirms that couples of childbearing age suffer from serious hereditary mental illness, congenital mental disability and diseases that are medically considered unsuitable for childbearing according to the prescribed procedures, their parents or other guardians shall be responsible for implementing birth control or sterilization measures.

Article 25 Discrimination and maltreatment of infertile women who give birth to baby girls are prohibited. Discrimination, abuse and abandonment of baby girls are prohibited.

Twenty-sixth administrative departments of population and family planning shall investigate the complaints and reports of suspected illegal birth. If there is obvious evidence to prove that the party concerned is suspected of illegal birth and refuses to admit it, with the approval of the population and family planning administrative department of the provincial people's government, the party concerned may be required to cooperate with the technical appraisal and do a good job of confidentiality.

The relevant expenses of technical appraisal shall be borne by the administrative department of population and family planning who put forward the technical appraisal.

Chapter IV Technical Services for Family Planning

Article 27 People's governments at all levels and their relevant departments, family planning technical service institutions and medical and health institutions shall publicize and popularize the scientific knowledge of preventing birth defects, strengthen consultation and guidance on marriage and childbearing, carry out reproductive health services such as consultation and childbirth, gradually implement free marriage check-ups, prevent mother-to-child transmission of AIDS, implement hospital delivery and breastfeeding, promote prenatal and postnatal care, and improve the quality of the birth population.

Twenty-eighth family planning technical services to implement the principle of combining national guidance with individual voluntary choice.

People's governments at all levels shall guarantee citizens' access to family planning technical services, help women of childbearing age to choose safe, effective and appropriate contraceptive measures, and provide them with reproductive health services through contraception and pregnancy check.

Advocate and encourage couples who have given birth to children to choose long-term contraceptive measures. Women of childbearing age who give birth to one child should choose contraceptive measures mainly by placing intrauterine devices, and couples of childbearing age who give birth to two or more children should choose contraceptive measures mainly by vasectomy. Couples of childbearing age should consciously implement family planning contraceptive measures and accept the guidance of family planning technical services to prevent and reduce unwanted pregnancies. If the pregnancy does not meet the statutory fertility conditions, the pregnancy shall be terminated.

Twenty-ninth family planning technical services shall be undertaken by family planning technical service institutions and medical and health institutions that have obtained corresponding qualifications. The qualification examination and management of family planning technical service institutions, medical and health care institutions and their professionals engaged in family planning technical services shall be the responsibility of the population and family planning administrative departments and health administrative departments of the people's governments at or above the county level respectively.

Thirtieth couples who implement sterilization measures can apply for re-communication free of charge with the approval of the population and family planning administrative department of the people's government at the county level if their children meet the requirements of these regulations due to special circumstances such as death. The cost of the operation shall be borne by the population and family planning administrative department of the people's government at the county level.

Thirty-first couples of childbearing age who practice family planning in rural areas enjoy free family planning technical services for basic projects, and the required funds are guaranteed by special funds arranged by governments at all levels.

Couples of childbearing age who practice family planning in cities and towns enjoy free distribution of contraceptives and other services. Those who accept contraceptive technical service fees and participate in basic medical insurance or maternity insurance shall be paid by the social insurance fund as a whole; Did not participate in the above insurance, there is a work unit, borne by the unit, no work unit, from all levels of financial arrangements for family planning technical services free basic project funds to pay.

Thirty-second family planning technical service institutions or medical and health institutions that perform contraceptive operations must have the corresponding conditions for performing operations. Personnel who perform birth control operations must pass the examination by the competent department of the people's government at or above the county level and hold relevant certificates. Surgical units and surgical personnel shall strictly abide by laws, regulations, rules, technical specifications, professional ethics and management systems related to practice to ensure the health and safety of the subjects. If the operation is performed in violation of regulations, resulting in adverse consequences, the responsible person shall be investigated for responsibility according to law.

Individual medical institutions are prohibited from performing family planning operations.

If the family planning technical appraisal organization at or above the county level identifies it as a complication or sequela of family planning operation, it shall be treated free of charge in accordance with the relevant provisions of the state. During the treatment period, if there is a work unit, its salary will be paid as usual; Unemployed urban residents whose families have difficulties should be included in the minimum living guarantee in time; Rural residents with difficulties in family life shall be given social relief by the local civil affairs department. Medical accidents caused by family planning operations shall be implemented in accordance with relevant state regulations.

Article 33 The population and family planning administrative departments of the people's governments at or above the county level shall do a good job in the organization, supply, distribution and management of family planning contraceptives, and cooperate with the administrative departments of drug supervision, industry and commerce, price control, quality and technical supervision to supervise and inspect the business activities of family planning contraceptives.

Family planning contraceptives management institutions under the population and family planning administrative departments of the people's governments at or above the county level shall undertake the service and management of free distribution of family planning contraceptives and supplies within their respective administrative areas.

Encourage and support the research, application and popularization of new family planning technologies and drugs.

Article 34 People's governments at or above the county level shall organize administrative departments of population and family planning, health and drug supervision to regularly inspect and supervise the use of ultrasonic technology, artificial pregnancy termination surgery and the sale and use of pregnancy termination drugs.

Establish ultrasonic technology access and qualification certification system, improve ultrasonic technology inspection, artificial termination of pregnancy registration, pregnancy testing, pregnancy process management and other systems, and implement the management system of drug prescriptions for termination of pregnancy.

Institutions that provide health care services for pregnant women during pregnancy should check the Maternity Service Certificate or Birth Medical Certificate and register relevant information when receiving pregnant women who are pregnant 14 weeks or more. Family planning technical service personnel and medical personnel shall not express or imply the sex of the fetus conceived by pregnant women. Married women who are pregnant 14 weeks or more shall produce relevant certificates in accordance with the provisions of the state and the provincial people's government, and the operating unit shall conduct preoperative examination and register and file in accordance with the provisions.

Article 35 It is strictly forbidden for any institution or individual to use ultrasonic technology and other technical means to identify the sex of the fetus for non-medical needs or to selectively terminate pregnancy artificially.

It is strictly forbidden for any unit or individual to organize, introduce or coerce pregnant women to carry out fetal sex identification for non-medical needs or selectively terminate pregnancy artificially.

It is strictly forbidden for pharmaceutical production and wholesale enterprises to sell drugs for termination of pregnancy to institutions and individuals that have not obtained the qualification for termination of pregnancy surgery.

It is strictly forbidden for pharmaceutical retail enterprises to sell drugs to terminate pregnancy.

Chapter V Awards and Social Security

Thirty-sixth the establishment of special funds for population and family planning incentives. Special funds are raised through government grants, social donations, social support fees, and family planning incomes from fines and confiscations. , mainly used to reward families with only children.

Article 37 If a citizen marries late, he shall enjoy the marriage leave stipulated by the state, and the marriage leave shall be increased by 15 days; If a married woman gives birth late, in addition to the maternity leave stipulated by the state, the maternity leave will be increased by 30 days, and her spouse will enjoy nursing leave 10 day; Marriage leave, maternity leave and nursing leave are regarded as attendance, and wages and bonuses are paid as usual.

If birth control surgery is performed, the unit where the birth control surgery is performed shall give a vacation in accordance with the relevant regulations, and pay wages and bonuses during the vacation.

The unit where female employees work shall strictly implement the national and provincial regulations on special labor protection and breastfeeding for female employees, and provide conditions for breastfeeding.

Thirty-eighth couples of childbearing age who voluntarily give birth to only one child for life shall apply for it by both husband and wife, and be registered by the township (town) people's government or the street office, and be issued with the "Glory Certificate of the Only Child Parents" to enjoy the following preferential treatment:

(1) From the month when the certificate is issued to the day when the only child reaches the age of 14, the one-child health care fee of not less than 10 yuan shall be paid monthly or not less than 1500 yuan in one lump sum. If both husband and wife have work units, each shall bear 50%; If one party has a work unit and the other party has no work unit, it shall be fully borne by the unit with a work unit; If the husband and wife are rural residents, unemployed urban residents or individual industrial and commercial households, they shall be paid by the township (town) people's government or subdistrict office where the household registration is located, and the required expenses shall be included in the local financial budget.

(two) the one-child parents belong to the staff of state organs, institutions or enterprise employees, and they will be given family planning bonuses when they retire. The specific measures shall be formulated by the provincial people's government within one year after the promulgation of these regulations.

(three) the parents of the only child are rural residents or unemployed urban residents, who have lost the ability to work and have difficulty in supporting their children, and the standard of old-age security is not lower than the local average living standard. Specific measures shall be formulated by the people's government at the county level.

(four) rural one-child households to receive the "one-child parents honor certificate", in addition to enjoying the one-child preferential treatment, from the special funds for population and family planning incentives, another one-time bonus.

(five) for the one-child family, give priority to poverty alleviation loans, social relief funds and materials, and provide projects, technology and training. In rural areas, when distributing collective welfare and homestead, and adjusting responsibility fields, hilly plots and plots, the only child is counted as two children.

Thirty-ninth rural family planning reward and assistance system. If a rural family planning family has only one child or two girls, according to state regulations, both husband and wife shall give rewards and assistance respectively.

Implement a special support system for family planning families. Family planning families whose only child is dead or disabled shall, in accordance with state regulations, issue special assistance funds to both husband and wife respectively.

Chapter VI Legal Liability

Fortieth any of the following acts shall be given a warning by the administrative department of population and family planning and corrected within a time limit; Refuses to correct, the parties everywhere 500 yuan fine:

(1) Failing to perform the marriage registration procedures and giving birth to the first child;

(two) in line with the conditions of re birth, but did not apply for the "birth certificate" birth;

(3) refusing to terminate the pregnancy if it does not meet the statutory fertility conditions.

Forty-first in violation of the provisions of this Ordinance, the parties concerned shall be dealt with in accordance with the following provisions:

(a) urban residents in violation of the provisions of this Ordinance to have one more child, according to the county (city, district) last year, the per capita disposable income of urban residents 3 times were levied social support;

(two) rural residents in violation of the provisions of this Ordinance to have one more child, according to the county (city, district) last year, 3 times the per capita net income of rural residents were levied social support.

If the actual annual income of the parties mentioned in the preceding paragraph is higher than the annual per capita disposable income of urban residents or the annual per capita net income of rural residents, the population and family planning administrative department of the people's government at the county level shall, in conjunction with the taxation and industrial and commercial administrative departments, verify and collect social support fees at the rate of three times the actual annual income.

If a party has given birth to more than two children in violation of the provisions of this Ordinance, the social maintenance fee that should be levied for giving birth to a child as stipulated in the first and second paragraphs shall be levied separately according to the multiple of the number of children who have given birth.

Article 42 In case of bigamy, if one of the spouses has children with others, in case of bigamy, one of the spouses shall, in accordance with the provisions of Article 41 of these regulations, levy twice the social support fee.

Article 43 Anyone who adopts a child in violation of the laws and regulations on family planning and adoption, or who does not meet the conditions for childbirth, and obtains a Maternity Service Certificate or a Birth Medical Certificate by improper means, shall be treated as illegal childbirth, and social support fees shall be levied in accordance with the provisions of Article 41 of these regulations.

Article 44 The collection of social maintenance fees shall be decided in writing by the administrative department of population and family planning of the people's government at the county level. The population and family planning administrative department of the people's government at the county level may entrust the township (town) people's government or the subdistrict office to make a written decision on expropriation, and the village (neighborhood) committees and relevant units shall provide assistance.

If it is really difficult for the parties to pay social maintenance fees in one lump sum, and the installment payment is approved by the population and family planning administrative department of the people's government at the county level, the longest installment payment period shall not exceed three years, and the amount paid in the first year shall not be less than 40% of the total social maintenance fees payable.

Forty-fifth state functionaries who have more children, bigamy or their spouses give birth to others in violation of the provisions of these regulations shall be given administrative sanctions of dismissal; Other personnel shall be given disciplinary sanctions by their units or organizations.

Those who have children in violation of the provisions of these regulations shall take care of the expenses during pregnancy, childbirth and puerperium, and shall not enjoy the one-child health care subsidies and difficult subsidies.

Article 46 Whoever uses ultrasonic technology and other technical means to identify the sex of the fetus for others without medical needs or artificially terminate pregnancy by sex shall be ordered by the administrative department of population and family planning or the administrative department of health according to their functions and powers to make corrections, give a warning and confiscate the illegal income; If the illegal income is more than 6,543,800 yuan, a fine of more than 2 times and less than 6 times of the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 6,543,800 yuan, a fine of 6,543,800 yuan and 30,000 yuan shall be imposed; The main person in charge of the unit shall be given administrative sanctions of demotion and dismissal, and the person directly responsible shall be given administrative sanctions of dismissal; If the circumstances are serious, the original issuing authority shall revoke its practice certificate; If a crime is constituted, criminal responsibility shall be investigated according to law.

Whoever organizes, introduces or coerces pregnant women to carry out fetal sex identification for non-medical needs or selectively terminates pregnancy shall be punished in accordance with the provisions of the preceding paragraph.

If the party concerned conducts fetal sex identification for non-medical needs, the administrative department of population and family planning shall impose a fine of 2,000 yuan to 5,000 yuan; If a party meets the conditions of pregnancy in these regulations, but chooses sex to terminate pregnancy artificially for non-medical reasons, in addition to a fine according to the provisions of this paragraph, if it is the first child, it shall not give birth within three years, and if it is the second child, it shall not be approved.

Article 47 Where a pharmaceutical production, wholesale and retail enterprise illegally sells drugs for termination of pregnancy, the pharmaceutical supervisory and administrative department shall confiscate the drugs and illegal income, give a warning, order it to make corrections, and impose a fine of more than 2 times and less than 5 times the value of the illegally sold drugs; If the circumstances are serious, the drug production license or drug business license shall be revoked by the issuing authority.

Forty-eighth workers in violation of the provisions of this Ordinance, the unit where the party concerned is located shall be fined 2000 yuan to 5000 yuan, and the responsibility of the person in charge of the unit shall be investigated. Units that fail to perform the obligation of family planning assistance management or seriously violate these regulations shall be ordered by the people's government at the corresponding level or the administrative department of population and family planning to make corrections, given informed criticism, and the person in charge of the unit and the person directly responsible shall be given administrative sanctions of demotion or dismissal.

Article 49 Any functionary of a state organ who neglects his duty, abuses his power or engages in malpractices for personal gain in family planning work shall be given administrative sanctions by his unit; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 50 If a party refuses to accept the decision on the collection of social maintenance fees or the decision on administrative punishment for family planning made in accordance with these Regulations, and thinks that the implementation of family planning management by an administrative organ infringes upon his lawful rights and interests, he may apply for administrative reconsideration or bring an administrative lawsuit according to law; If it fails to apply for administrative reconsideration or bring an administrative lawsuit within the time limit and refuses to perform its obligations, the administrative organ that has made the specific administrative act may apply to the people's court for compulsory execution according to law.

Chapter VII Supplementary Provisions

Article 51 The specific provisions on the implementation of family planning in ethnic autonomous areas shall be formulated by the people's congresses of autonomous prefectures and autonomous counties in accordance with the principles of these Regulations and local actual conditions.

The fifty-second of this Ordinance since March 6, 2009.