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Rules of Guangzhou Municipality on Population and Family Planning Services
(No. 196 Decree of the People's Government of Guangzhou Municipality was promulgated on January 6, 2023 and shall be put into force on March 1, 2023)
Article 1 These Rules are formulated in accordance with the Population and Family Planning Law of the People's Republic of China, the Regulations of Guangdong Province on Population and Family Planning and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to promoting the long-term balanced development of population and optimizing the family planning services.
Article 2 These Rulesshall apply to the work related to population and family planning servicesin the administrative areas of this Municipality.
Article 3 People's governments at all levels shall lead the population and family planning work within their respective administrative areas and implement the objectives management accountability system.
The town people's governments and the sub-district offices shall take the population and family planning services as an important part of their grass-roots services on social affairs, and designate the health institutions to be responsible for the implementation of the population and family planning work within their respective jurisdictions.
Article 4 The municipal health authority shall be responsible for the family planning work and the population work related to family planning of this Municipality, the promotion of services to ensure good prenatal and postnatal care, and the organizing of the implementation of these Rules.
District health authorities shall be responsible for the specific implementation of family planning work and population work related to family planning in their administrative areas.
The authorities in charge of development and reform, education, public security, civil affairs, finance, human resources and social security, planning and natural resources, housing and urban-rural development, market regulation, medical insurance, non-local people service management and government service data management shall perform their respective tasks to assist the people's governments in the implementation of population and family planning programs by improving the supporting policies related to housing, fiscal support, education, finance, talent, employment, etc.
Article 5 The villagers' (residents') committees shall set up family planning committees, allocate family planning staff based on the population size, formulate the charters of family planning autonomy according to law, file them with the local people's governments or sub-district offices, and organize its implementation. The charters of family planning autonomy shall not conflict with the Constitution, laws, regulations and national policies.
Villagers' (residents') committees, large factories and mines, enterprises and institutions as well as places with a large number of floating population may establish family planning associations to organize the masses to carry out family planning self-education, self-management, and self-service.
Article 6 The people's governments at all levels in this Municipality shall include the funds for population and family planning work in the financial budget, guarantee the necessary funds for population and family planning work, and gradually increase the total input in funds for population and family planning work corresponding to the local economic and social development level.
State organs, social organizations, enterprises and institutions and grass-roots mass autonomous organizations shall guarantee the funds needed by their own to carry out population and family planning work.
No organization or individual may embezzle, withhold or misappropriate funds for population and family planning work.
Article 7 The authorities in charge of health, education, science and technology, culture and civil affairs shall perform their respective tasks to organize and carry out publicity and education on population and family planning programs, guide citizens to establish scientific and civilized concepts of childbirth and childbearing, respect the social value of childbirth, promote marriage and child-bearing at appropriate ages, sound maternal and child care, and parents' sharing of the responsibility for child-bearing.
Newspapers, radio, television, Internet and other media shall carry out public welfare publicity of population and family planning programs.
Schools shall carry out physiology education, mental health education, adolescence education or sexual health education among students in a planned way based on the characteristics of the educated.
Article 8 The municipal and district people's governments shall establish a newly-born population monitoring and early warning mechanism, implement a hierarchical and classified demographic survey system, improve the newly-born population monitoring network at the municipal, district, town (street) and village (residents' community) levels, and scientifically predict the change trend of the newly-born population.
Article 9 The authorities in charge of development and reform, public security, civil affairs, human resources and social security, housing and urban-rural development, health, medical insurance, non-local people service management and government service data management shall establish an information sharing system to promote the comprehensive development and effective use of population information resources, and promote the streamlined handling of such matters as issuance of birth certificates, household registration, coverage of medical insurances and applications for social security cards.
Article 10 The birth registration procedures may be handled on the spot or on line. Parents-to-be shall fill in and submit the birth registration form by presenting their ID cards or household registers at the health institutions at the town/sub-district level or through such mobile government service platforms as "Yueshengshi (Guangdong Provincial Government Service Platform)". Where an electronic certificate of the applicant is accessible through searching by the ID card or household register, the applicant may be exempted from submission.
The competent authority shall issue the birth certificate within 5 working days from the date of receiving the birth registration documents submitted by the applicant.
Article 11 The municipal health authority shall, in conjunction with the municipal civil affairs authority and the municipal finance authority as well as the municipal women's federation and the municipal disabled persons' federation, organize the comprehensive prevention and control of birth defects.
The health authority shall provide a list of designated service institutions for comprehensive prevention and control of birth defects and announce it to the public.
Those eligible may go to the designated service institutions for comprehensive prevention and control of birth defects to receive the comprehensive prevention and control services of birth defects at various stages, including free premarital medical examination, pre-pregnancy checkups, prenatal screening test and neonatal disease screening.
Article 12 Medical institutions are encouraged to make more efforts in making medical fertility breakthroughs and carry out research and application of new technologies for diagnosis and treatment of infertility such as combined treatment of traditional Chinese medicine and western medicine.
Article 13 The authorities in charge of health, development and reform, education, public security, civil affairs, justice, housing and urban-rural development, market regulation, comprehensive law enforcement for urban management, non-local people service management, fire control and network technology shall perform their respective tasks to supervise technical services in the field of human-assisted reproductive technology, and investigate and punish the violations of laws and regulations.
No organization or individual may commit any of the following acts:
(1)Illegal implementation of human-assisted reproductive technology;
(2)Illegal collection and supply of sperm (eggs);
(3)Fetal sex determination for purposes other than medical need;
(4)Artificial termination of a pregnancy based on sex selection for purposes other than medical need;
(5)Other prohibited acts stipulated by laws, regulations and rules.
Article 14 Medical institutions shall pay attention to the mental health of pregnant and lying-in women, incorporate the knowledge of mental health during pregnant and puerperal period into the content of science popularization and education for pregnant and lying-in women, and improve the awareness of mental health of pregnant and lying-in women and their family members.
This Municipality encourages medical institutions incorporated with departments of psychology, psychiatry, gynecology and obstetrics in general hospitals as well as maternal and child health centers to provide professional support for pregnant and lying-in women and their family members in the form of multidisciplinary consultation.
Article 15 The villagers' (residents') committees are encouraged to organize experts to carry out publicity activities of knowledge on the prevention and control of birth defects, high-risk pregnancy, mental health protection of pregnant and lying-in women, and scientific feeding of infants and young children for the villagers (residents).
This Municipality encourages families in every community to help each other, provide temporary care and tending for infants, and organize various parent-child activities. The villagers' (residents') committees may use the villagers' (residents') activity rooms and other common places to provide venues for parent-child activities organized by child-bearing families in the communities.
Article 16 The municipal and district human resources and social security authorities shall regulate the recruitment and engagement acts of employers, regularly carry out special inspection for the protection of women's reproductive rights and interests and equal employment, and provide public training services for women's returning to work after childbirth.
Employers are encouraged to negotiate with employees in terms of flexible time off and flexible working methods that are conducive to care for infants and young children, and create convenient conditions for family care of infants and young children.
Article 17 For the families eligible for government-subsidized housing and have minors in this Municipality, the housing and urban-rural development authority may give some favorable treatment in terms of the selection of house layout and other aspects based on the number of minors when implementing the government-subsidized rental housing projects, and give priority to the families with three minor children according to relevant regulations.
Where a family having given birth to two or more children in accordance with laws and regulations applies for a housing provident fund loan when purchasing its first owner-occupied housing and meets the housing provident fund loan conditions, the maximum amount of the loan may be appropriately increased. The housing provident fund loan support policy shall be separately formulated by the housing provident fund management center.
Article 18 Affordable and qualified universities, colleges and vocational institutions are encouraged to offer such majors as infant care service and management. This Municipality encourages banks to provide a variety of loan products and services for childcare institutions, and encourages insurance companies to develop relevant insurance products covering childcare liability and operation of childcare institutions.
This Municipality also encourages qualified kindergartens to set up daycare classes to enroll children aged 2 to 3, and to provide hosting services on the basis of the actual conditions under the guidance of the local education authority.
Article 19 For a couple having given birth to a child in accordance with laws and regulations, the wife shall be entitled to 80 days of bonus leave in addition to the maternity leave prescribed by the State; the husband shall be entitled to 15 days of paternity leave. The salary shall be paid for the above specified leaves, without affecting the benefits and awards for perfect attendance.
For the parents who have given birth to a child in accordance with laws and regulations, they shall be entitled to 10 days of parental leave each year before the child reaches3 years old. The duration of parental leave shall not be reset or increased/decreased due to the change of employers. The method of taking parental leave may be determined by the employer and the employee on the basis of the actual conditions.
With the consent of the employer, the couple may adjust the allocation of bonus leave and parental leave. If the wife voluntarily reduces the bonus leave and parental leave, the paternity leave and parental leave of the husband can be increased by the corresponding number of leave days.
Article 20 For couples who voluntarily have only one child for whole life in response to the call of the State to give birth to only one child, they will continue to enjoy the relevant one-child preferential treatment in accordance with the relevant provisions of the State, Guangdong Province and this Municipality; among them, those eligible may enjoy necessary support and subsidies such as home- and community-based elderly care and daily care services.
For employees from one-child families that voluntarily have only one child in response to the call of the State to give birth to only one child, the employer shall give them parent caring leave when their parents need to be taken care of in accordance with the relevant provisions of the State, Guangdong Province and this Municipality.
Article 21 The municipal and district people's governments shall establish a series of supportive systems to ensure the basic living needs of such special families under the family planning policy are met and services of elderly care, medical care and spiritual comfort are available in an all-round way, and shall incorporate the relevant support work into the assessment in the objectives management accountability system.
For eligible family members with special difficulties from such special families under the family planning policy, this Municipality shall earnestly implement the basic endowment insurance system and medical insurance policies; grant family planning allowances; give priority to their admission to State-run elderly care institutions and access to free or affordable care services; for those facing housing difficulties, priority shall be given to meet their residential needs when allocating government-subsidized rental housing; for those who are willing to work, priority shall be given to their employment.
Article 22 For any violation of the provisions of these Rules committed by citizens, legal persons or other unincorporated bodies, if punishment has been stipulated in the Population and Family Planning Law of the People's Republic of China and other laws, regulations and rules, such provisions shall prevail.
Article 23 Where a relevant authority and its staff, in violation of these Rules, fails to perform its/his/her duties required by law, the competent authority shall order it/him/her to make corrections and impose sanctions on the person in charge and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.
Article 24 These Rules shall come into force on March 1, 2023. The Rules of Guangzhou Municipality on the Management of Population and Family Planning Services (No. 155 Decree of the People's Government of Guangzhou Municipality) promulgated by the People's Government of Guangzhou Municipality on December 15, 2017 shall be abolished accordingly.