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China: 2016 Revised Provincial Family Planning Regulations

(Feb. 6, 2017) In December 2015, China’s Population and Family Planning Law was revised allow married couples to have two children, effective January 1, 2016.  (Laney Zhang, China: Two Child Policy Becomes Law, GLOBAL LEGAL MONITOR (Jan. 8, 2016).) Provincial-level people’s congresses were expected to revise their own regulations to implement the “two-child law,” which would contain important detailed rules, such as which couples are eligible to have more than two children and the specific amount of the fine (social maintenance fee) for having more than two children if not eligible. The regulations would also specify the length of maternity and paternity leave in addition to the existing maternity leave enacted at the national level.  (Laney Zhang, China: Maternity Leave Further Extended by Provinces, GLOBAL LEGAL MONITOR (May 3, 2016).)

To date, 29 out of the 31 autonomous regions, and municipalities directly under the central government have revised their regulations in implementing the “two-child law.”  The following regulations, available only in the original Chinese language, are all from official government websites:

  1. Anhui Provincial Population and Family Planning Regulations (Jan. 16, 2016), archived at https://perma.cc/BZ7S-N4DP, Anhui Provincial People’s Congress website.
  2. Beijing Municipal Population and Family Planning Regulations (Mar. 24, 2016), archived at https://perma.cc/TE24-ALYB, National Health and Family Planning Commission of the People’s Republic of China website.
  3. Chongqing Municipal Population and Family Planning Regulations (Mar. 31, 2016), archived at https://perma.cc/XV2Z-2UHT, Chongqing People’s Congress website.
  4. Fujian Provincial Population and Family Planning Regulations (Feb. 19, 2016), archived at https://perma.cc/TU9R-9DTR, National Health and Family Planning Commission of the People’s Republic of China website.
  5. Gansu Provincial Population and Family Planning Regulations (Apr. 1, 2016), archived at https://perma.cc/H3U6-5QBQ, Gansu People’s Government website.
  6. Guangdong Provincial Population and Family Planning Regulations (Dec. 30, 2015), archived at https://perma.cc/3VJS-F943, National Health and Family Planning Commission of the People’s Republic of China website; Guangdong Provincial Population and Family Planning Regulations (Sept. 29, 2016), Health and Family Planning Commission of Guangdong Province website.
  7. Guangxi Zhuang Autonomous Region Population and Family Planning Regulations (Jan. 15, 2016), archived at https://perma.cc/N9PB-55RA, National Health and Family Planning Commission of the People’s Republic of China website.
  8. Guizhou Provincial Population and Family Planning Regulations (Apr. 1, 2016), archived at https://perma.cc/Z9TU-Y3W7, Health and Family Planning Commission of Guizhou Province website.
  9. Hainan Provincial Population and Family Planning Regulations (Mar. 31, 2016), archived at https://perma.cc/S4J9-9ANY, National Health and Family Planning Commission of the People’s Republic of China website.
  10. Hebei Provincial Population and Family Planning Regulations (Mar. 29, 2016), archived at https://perma.cc/77M9-DKJE, Health and Family Planning Commission of Hebei Province website.
  11. Heilongjiang Provincial Population and Family Planning Regulations (Apr. 21, 2016), archived at https://perma.cc/V3N9-NEA6, National Health and Family Planning Commission of the People’s Republic of China website.
  12. Henan Provincial Population and Family Planning Regulations (May 27, 2016), archived at https://perma.cc/C7KE-Z3BX, Health and Family Planning Commission of Henan Province website.
  13. Hubei Provincial Population and Family Planning Regulations (Jan. 13, 2016), archived at https://perma.cc/773E-XC39, National Health and Family Planning Commission of the People’s Republic of China website.
  14. Hunan Provincial Population and Family Planning Regulations (Mar. 30, 2016), archived at https://perma.cc/32HY-69M2, National Health and Family Planning Commission of the People’s Republic of China website.
  15. Inner Mongolia Autonomous Region Population and Family Planning Regulations (Mar. 30, 2016), archived at https://perma.cc/LE4E-AVV9, National Health and Family Planning Commission of the People’s Republic of China website.
  16. Jiangsu Provincial Population and Family Planning Regulations (Mar. 30, 2016), archived at https://perma.cc/9T5U-DVNE, National Health and Family Planning Commission of the People’s Republic of China website.
  17. Jiangxi Provincial Population and Family Planning Regulations (Jan. 20, 2016), archived at https://perma.cc/TUD7-NZ3A, National Health and Family Planning Commission of the People’s Republic of China website.
  18. Jilin Provincial Population and Family Planning Regulations (Mar. 30, 2016), archived at https://perma.cc/XH4P-X54M, National Health and Family Planning Commission of the People’s Republic of China website.
  19. Liaoning Provincial Population and Family Planning Regulations (Mar. 23, 2016), archived at https://perma.cc/5VRB-WAFN, National Health and Family Planning Commission of the People’s Republic of China website.
  20. Ningxia Hui Autonomous Region Population and Family Planning Regulations (Jan. 21, 2016), archived at https://perma.cc/P5VS-ZVN7, Ningxia Health and Family Planning Hotline website.
  21. Qinghai Provincial Population and Family Planning Regulations (Mar. 25, 2016), archived at https://perma.cc/NBD2-BD7Q, Qinghai Provincial People’s Congress website.
  22. Shandong Provincial Population and Family Planning Regulations (Jan. 22, 2016), archived at https://perma.cc/PWP4-RYSF, Health and Family Planning Commission of Shandong Province website.
  23. Shanghai Municipal Population and Family Planning Regulations (Feb. 23, 2016), archived at https://perma.cc/7VMA-E4K4, Shanghai Municipal People’s Congress website.
  24. Shananxi Provincial Population and Family Planning Regulations (May 26, 2016), archived at https://perma.cc/M73H-YGDE, CHINA LAWS AND REGULATIONS DATABASE (available on the National People’s Congress website).
  25. Shanxi Provincial Population and Family Planning Regulations (Jan. 20, 2016), archived at https://perma.cc/8EEH-542B, National Health and Family Planning Commission of the People’s Republic of China website.
  26. Sichuan Provincial Population and Family Planning Regulations (Jan. 22, 2016), archived at https://perma.cc/2NNB-27QU, Sichuan Provincial People’s Congress website.
  27. Tianjin Municipal Population and Family Planning Regulations (Jan. 14, 2016), archived at https://perma.cc/527Y-LVHC, National Health and Family Planning Commission of the People’s Republic of China website.
  28. Yunnan Provincial Population and Family Planning Regulations (Mar. 31, 2016), archived at https://perma.cc/TJ5G-KHGC, Yunnan Provincial People’s Congress website.
  29. Zhejiang Provincial Population and Family Planning Regulations (Jan. 14, 2016), archived at https://perma.cc/6DDX-8NSZ, National Health and Family Planning Commission of the People’s Republic of China website.

The latest version of Xinjiang’s regulation that could be located was last revised in 2010: Xinjiang Uighur Autonomous Region Population and Family Planning Regulations (June 7, 2010), archived at https://perma.cc/7YL6-4Z72, CHINA LAWS AND REGULATIONS DATABASE.

It was reported on December 1, 2016, that Tibet is formulating its first family planning regulation.  (Zhao Meng, Xizang Nüxing Shengwa Kexiang Yinian Daixin Chanjia? Guojia Weijiwei: Shangwei Tongguo Zhongshen [Tibet Women to Enjoy One-Year Maternity Leave With Pay? National Health and Family Planning Commission: Not Finally Approved Yet], THE PAPER (Dec. 1, 2016).)

Emma Wei, Law Library Intern, contributed to this article.