Population and Family Planning Law of the People's Republic of China (Amended in 2021)

Population and Family Planning Law of the People's Republic of China (Amended in 2021)
Population and Family Planning Law of the People's Republic of China (Amended in 2021)

Order of the President of the People's Republic of China No. 96

August 20, 2021

(Adopted at the 25th Session of the Standing Committee of the Ninth National People's Congress on December 29, 2001; amended for the first time 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; and amended for the second time according to the Decision on Amending the Population and Family Planning Law of the People’s Republic of China on at the 30th Session of the Standing Committee of the 13th National People's Congress August 20, 2021)

Contents
Chapter I General Provisions
Chapter II Formulation and Implementation of the Population Development Plan
Chapter III Fertility Regulation
Chapter IV Rewards and Social Security
Chapter V Family Planning Services
Chapter VI Legal Liability
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purpose of achieving coordinated development of the population, economy, society, resources and environment; advocating for family planning; safeguarding the legitimate rights and interests of citizens; promoting family well-being, national prosperity and social progress.

Article 2 China is a country with a large population, and family planning is a basic policy of the state.
The state takes comprehensive measures to control population and raise the quality of the population.
The state adopts comprehensive measures to regulate the population, raise the quality of the population, promote the realization of an appropriate fertility rate, optimize the population structure, and promote the long-term balanced development of the population.

Article 3 The implementation of the population and family planning work shall combine with efforts to increase women's education and employment opportunities and to improve women's health and status.

Article 4 The people's governments at all levels and their staff members shall, when promoting the family planning work, strictly carry out administrative actions by law and enforce the law in a civilized manner, and they shall not infringe on the legitimate rights and interests of citizens.
The competent health authorities and their staff members are protected by law when performing their official duties.

Article 5 The State Council exercises leadership over the population and family planning work nationwide.
Local people's governments at all levels exercise leadership over the population and family planning work within their respective administrative regions.

Article 6 The administrative department of health under the State Council is responsible for national family planning work and the population work relating to family planning.
The competent health authorities under local people's governments at or above the county level are responsible for the family planning work and the population work relating to family planning within their respective administrative regions.
Other relevant departments under people's governments at or above the county level are responsible for the family planning and population related work within their competence.

Article 7 Trade unions, Communist Youth Leagues, Women's Federations, Family planning associations and other social groups, enterprises, public institutions and citizens shall assist the people's governments in carrying out the population and family planning related work.

Article 8 The state gives rewards to organizations and individuals that have made remarkable achievements in the population and family planning work.

Chapter II Formulation and Implementation of Population Development Plans

Article 9 The State Council prepares a population development plan and incorporate such plan into the economic and social development plan.
Local governments at or above the county level prepare the population development plans of their respective administrative regions in light of their actual conditions, under the national population development plan and the population development plan prepared by the government at the next higher level, and incorporate the plans into their economic and social development plans.

Article 10 People's governments at or above the county level shall, based on the population development plans, formulate implementation programs for population and family planning and arrange for implementation thereof.
The competent health authorities under people's governments at or above the county level shall be responsible for the routine work concerning implementation programs for population and family planning.
People's governments of townships, ethnic townships and towns and government offices in urban communities shall be responsible for the population and family planning work within their respective jurisdictions and carry out the implementation programs for population and family planning.

Article 11 An implementation plan for population and family planning shall specify measures for regulating population size, improving population quality, promoting the realization of an appropriate fertility level, optimizing the population structure, enhancing maternal and infant health care and child care services and promoting family development.

Article 12 Villager's committees and residents' committees shall diligently carry out family planning work according to law.
State organs, armed forces, social organizations, enterprises, public institutions and other organizations shall diligently carry out their respective work of family planning.

Article 13 Authorities of health, education, science and technology, culture, civil affairs, press and publication, radio and television shall organize the publicity and education activities on population and family planning.
The mass media have a duty to carry out publicity activities of the population and family planning for the public good.
Schools shall carry out physiological hygiene education, adolescent education or sexual health education among students in an appropriate manner that suits the characteristics of the educated.

Article 14 Family planning for migrant persons shall be jointly managed by the people's government at the place of their household and the people's government at the place of their present residence, but chiefly by the latter.

Article 15 The state gradually creases the overall funding for population and family planning based on the national economic and social development.
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