Population and Family Planning Law of the People’s Republic of China (2015 Revision)
(Adopted at the 25th Session of the Standing Committee of the 9th National People's Congress on December 29, 2001, and amended according to the Decision on Amending the Population and Family Planning Law of the People's Republic of China at the 18th Session of the Standing Committee of the 12th National People's Congress on December 27, 2015)
Chapter 1 General Provisions
Article 1 This Law is formulated in accordance with the Constitution for the purpose of achieving harmonious development of the population, economy, society, resources and environment; implementing the family planning strategy; safeguarding the legitimate rights and interests of citizens; promoting family well-being; and achieving national prosperity and social progress.
Article 2 As a country with a large population, family planning is a basic state policy.
The State adopts comprehensive measures to control the population and improve its quality.
The state will carry out the population-related work and implement the family planning strategy by relying on publicity and education, scientific and technological progress, comprehensive services and the establishment of a sound reward and social security system.
Article 3 While carrying out the population-related work and implementing the family planning strategy, we shall also pay attention to increasing women's access to education and employment opportunities, improving women's health and raising women's social status.
Article 4 Governments at various levels and their staff shall strictly abide by laws and administrative regulations when implementing the family planning strategy, and shall not infringe on the legitimate rights and interests of citizens.
Administrative departments of family planning and their staff shall be protected by law when performing their duties.
Article 5 The State Council shall lead population control and family planning across the country.
Local people's governments at various levels shall lead population control and family planning within their respective administrative regions.
Article 6 Administrative departments of family planning under the State Council shall be responsible for the national family planning and population-related work.
Administrative departments of family planning under governments above county level shall be responsible for the family planning and population-related work within their respective jurisdiction.
Other relevant departments under governments above county level shall be responsible for the family planning and population-related work within their scope of power.
Article 7 Trade unions, communist youth leagues, women's federations, family planning associations and other social groups, enterprises, public service institutions as well as citizens shall assist the government to carry out the population-related work and implement the family planning strategy.
Article 8 The state will give rewards to organizations and individuals which/who have made remarkable achievements when carrying out the population-related work and implementing the family planning strategy.
Chapter 2 Formulation and Implementation of the Population Development Plan
Article 9 The State Council will prepare a population development plan and integrate the same into the national economic and social development plan.
Local governments above the county level shall, based on the national population development plan, the population development plan prepared by the government at the next higher level and the actual situation of the locality, prepare a population development plan for the administrative region within their respective jurisdiction and integrate the same into the economic and social development plan.
Article 10 Governments above county level shall, based on the population development plan, prepare a program for carrying out the population-related work and implementing the family planning strategy and arrange execution of such program.
Administrative departments of family planning under governments above county level shall be responsible for the routine work under the program for carrying out the population-related work and implementing the family planning strategy.
The people's governments of townships, nationality townships, towns and government offices in urban communities shall be responsible for population control and family planning within their respective jurisdiction and implement the program for population control and family planning.
Article 11 The program for carrying out the population-related work and implementing the family planning strategy shall specify relevant measures for controlling the population, strengthening the maternal care of women and health care of children and raising the quality of the population.
Article 12 Village committees and neighborhood committees shall diligently implement the family planning strategy according to law.
Governmental organs, armed forces, social groups, enterprises and public institutions shall properly carry out their respective work of family planning.
Article 13 Departments of family planning, education, science and technology, culture, health, civil affairs, press and publication, radio and television shall organize publicity and education of population control and family planning.
The mass media are obliged to give publicity of the population and family planning for the public good.
Schools shall, in light of the characteristics of the educated and in a proper manner, systematically conduct education in physiology and health, puberty or sexual health among students.
Article 14 Family planning of migrating population shall be co-managed by the government at the place of their household and the government at the place of their present residence. The government at the place of their present residence shall play the main role.
Article 15 The state will, based on the economic and social development of the country, gradually crease the overall funding for population control and family planning. Governments at various levels shall secure necessary funding for population control and family planning.
The people's governments at various levels shall give special support to the work of population and family planning in poverty-stricken areas and minority nationality areas.
The state encourages social groups, enterprises, public institutions and individuals to donate to the work of population and family planning.
No entity or individual may withhold, reduce or misappropriate the funds earmarked for the work of population and family planning.
Article 16 The state encourages scientific research as well as external exchanges and cooperation in the field of population control and family planning.
Chapter III Regulation of Fertility
Article 17 Citizens have the right to give birth as well as the obligation to practice family planning in accordance with the law. Both husband and wife bear common responsibility for family planning.
Article 18 The State that one couple can give birth to two children.
Couples may request to given birth to more children if the requirements specified by the laws and regulations are met. Specific measures shall be formulated by the people's congress or its standing committee of the province, autonomous region or municipality directly under the Central Government concerned.
The minority nationalities are also subject to family planning. The specific measures therefor shall be formulated by the people's congresses or their standing committees of the provinces, autonomous regions and municipalities directly under the Central Government.
If there is any inconsistency between the regulations concerning giving birth to more children in the provinces, autonomous regions or centrally-administered municipalities where the couples' residences are registered, the principle in favor of the parties concerned shall apply.
Article 19 The implementation of the family planning work shall focus on contraception.
The State shall create conditions to ensure that citizens knowingly choose safe, effective and appropriate contraceptive methods. Where contraceptive operations are performed, the recipients' safety shall be ensured.
Article 20 Couples at childbearing age shall take contraceptive measures to prevent or reduce unwanted pregnancies.
Article 21 Couples at childbearing age may enjoy basic family-planning technical services for free, provided that they observe the family planning strategy.
The funds needed for rendering the services specified in the preceding paragraph shall, in accordance with relevant State regulations, be included in the financial budget or be guaranteed by social insurance.
Article 22 Discrimination and abuse of women giving birth to baby girls and infertile women shall be prohibited.
It is prohibited to discriminate against, abuse or abandon baby girls.
Chapter IV Rewards and Social Security
Article 23 The state will give rewards to couples observing the family planning strategy.
Article 24 The State shall establish and improve upon social security systems such as basic pension insurance, basic medical insurance, maternity insurance and social welfare, etc to promote family planning.
The State encourages insurance companies to offer insurance coverage in favor of family planning.
In rural areas where conditions permit, various types of pension security schemes may be adopted under the principle of government guidance and willingness of the farmers.
Article 25 Couples that give birth to children in compliance with the provisions of laws and regulations may be entitled to rewards of longer maternity leave or other benefits.
Article 26 Women may enjoy special labor protection as well as help and compensation according to relevant provisions of the state during pregnancy, fertility and breast-feeding periods.
Civilians undergoing family-planning operations may enjoy leave as specified by the state; and local governments may give rewards to such civilians.
Article 27 The State shall issue to a married couple who volunteer to have only one child in their lifetime a Certificate of Honor for Single-Child Parents during the implementation of the one-child policy.
Couples who are issued the said certificate may enjoy rewards in accordance with relevant regulations of the State and of the provinces, autonomous regions or centrally-administered municipalities.
If it is regulated in laws, rules or regulations that the rewards to couples who are issued the said certificate shall be given by the employers, such employers shall implement such regulation.
Where the only child of a couple who is issued the said certificate is disabled or killed in accidents, the couple shall be provided with necessary assistance in accordance with regulations.
Where the elderly of one-child families are entitled to rewards and assistance during the implementation of the one-child policy, they shall continue to enjoy such rewards and assistance.
Article 28 Local governments at various levels shall help rural households that practise family planning to develop economy by giving them support and preferential treatment in terms of funds, technology and training. Poverty-stricken households that practise family planning shall be given priority in terms of poverty-alleviation loans, welfare-to-work, poverty-alleviation projects and social assistance.
Article 29 The People 's Congress and its Standing Committee or the governments of provinces, autonomous regions, municipalities and large cities shall, according to this Law and relevant laws and administrative regulations as well as the actual situation of the locality, prepare detailed measures for implementation of the rewards measures mentioned in this chapter.
Chapter 5 Family Planning Technical Services
Article 30 The state will establish a pre-marital health care and maternal health care system to prevent or reduce birth defects and to improve health of the newborn.
Article 31 The people's governments at various levels shall take measures to safeguard the citizens' right to enjoy family-planning technical services and to raise the level of reproduction health.
Article 32 Local governments at various levels shall make reasonable allocation and comprehensive utilization of health care resources, establish a sound family planning service network which consists of institutions engaged in family planning technical services and institutions engaged in family planning medical treatment and health care, improve the facilities and conditions of technical services and upgrade the level of technical services.
Article 33 Institutions engaged in family-planning technical service and institutions engaged in family-planning medical treatment and health care shall, within their respective scope of power, popularize basic knowledge regarding population control and family planning among people at child-bearing age. The shall also check and follow up married women at child-bearing age and provide health care consultancy, guidance as well as technical services regarding family planning and reproduction.
Article 34 Personnel providing family-planning technical service shall guide citizens to select safe, effective and appropriate contraceptive measures.
Couples who already have children are encouraged to choose long-term contraceptive methods.
The State encourages research in, application and promotion of new technologies and new contraceptive devices for family planning.
Article 35 Non-medical purpose sex identification by means of ultrasound technology and other technologies are prohibited. Artificial termination of pregnancy based on non-medical purpose sex identification is prohibited.
Chapter 6 Legal Liabilities
Article 36 Anyone who, in violation of the provisions of this Law, commits one of the following acts, will be ordered to make rectification, be given a disciplinary warning, and his unlawful gains will be confiscated by the administrative department for family planning or public health; those having unlawful gains of more than 10,000 yuan will be fined not less than two times but not more than six times the amount of the unlawful gains; those with no unlawful gains or with unlawful gains of less than 10,000 yuan will be fined not less than 10,000 yuan but not more than 30,000 yuan; if the circumstances are serious, the practicing certificate will be revoked by the original issuing authority; and if a crime is constituted, criminal liability will be pursued in accordance with the law:
1. illegally performing family-planning operation for others;
(II) non-medical purpose sex identification by means of ultrasound technology and other technologies; or termination of pregnancy based on non-medical purpose sex identification;
(III) issuing false medical identification report or false family planning evidences.
Article 37 Administrative departments of family planning shall confiscate illegal incomes gained by those who forge, altered, sell or purchase family planning evidences. A fine equivalent to 2-10 times of the illegal income shall be imposed if the illegal income is more than CNY5,000; A fine in the amount of CNY5,000-20,000 shall be imposed if there is no illegal income or if the illegal income is less than CNY5,000; If the violation constitutes a crime, the violator shall be held criminally accountable.
Certificates of family planning that are obtained by improper means shall be revoked by the administrative department for family planning; if the fault lies with the unit that issues such certificates, the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law.
Article 38 Personnel providing family-planning technical services who are in violation of relevant operational regulations or delay in the rescue, diagnosis or treatment of patients and cause serious consequences shall bear legal liabilities in accordance with relevant laws and administrative regulations.
Article 39 Staff of state organs who act in any of the following ways when implementing the family planning strategy shall be held criminally accountable if the violation constitutes a crime; If the violation does not constitute a crime, the violation shall be given administrative punishments; and illegal income shall be confiscated, if any:
1. Violating the personal rights, property rights and other legitimate rights and interests of any citizen;
(II) abusing his power, neglecting his duties or practicing frauds for personal gains;
3. soliciting or accepting bribes;
(IV) Holding back, deducting, misappropriating or embezzling family planning funds or social care funds; or
(V) Making up, concealing, falsifying, tampering or refusing to disclose statistic data related to population control and family planning.
Article 40 Relevant local governments shall order those who fail to fulfill their obligation of assisting the management of family planning by violating this Law to correct such violation and make public criticism against them. They shall also impose administrative punishments on the principal directly in charge and other personnel directly in charge.
Article 41 Citizens who do not bear children according to Article 18 of this Law shall pay social care fund according to law.
Those who fail to pay social child-raising fees in full amount within the prescribed time limit shall, starting from the first day when such fees becomes outstanding, be subject to late payment in accordance with relevant provisions of the State. In case such persons fail to pay the fees after the late payment is imposed, the administrative department of family planning which imposes the social child-raising fees shall apply to a people's court for mandatory enforcement according to law.
Article 42 If public servants are subject to the social care fund specified in Article 41 of this Law, they shall be given administrative punishments according to law at the same time. Other personnel who are subject to the social care fund shall be imposed a disciplinary punishment by the unit or organization to which they belong.
Article 43 Those who refuse or impede administrative departments of family planning and their staff to carry out their work according to law shall be criticized, educated and stopped by the administrative departments of family planning. If the action constitutes a violation of public security administration, a penalty shall be imposed according to law. If the action constitutes a crime, the violator shall be held criminally liable.
Article 44 If any citizens, legal persons or other organizations deem that a certain administrative authorities have infringed upon their legitimate rights and interests when implementing the family planning strategy, they may apply for administrative reconsideration or file an administrative lawsuit according to law.
Chapter 7 Supplementary Provisions
Article 45 The detailed measures for the administration over the family planning of the migrating population and the detailed measures for the administration over the family-planning technical services as well as the detailed measures for the administration over the collection and management of the social care fund shall be formulated by the State Council.
Article 46 Specific measures for implementation of this Law by the Chinese People's Liberation Army shall be formulated by the Central Military Commission in accordance with this Law.
Article 47 This Law shall go into effect as of September 1, 2002.