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According to the law, unless both of you are an only child or one of you has an agricultural household registration and one of you is an only child, you can, as detailed in the following article:
Article 19 A husband and wife who meet one of the following conditions may, upon approval, have another child:
1) Both parties are only children and have already given birth to one child;
2) Where both parties are rural residents (agricultural population, the same below) and have given birth to a girl, except where one party is an employee of an organ, group, public institution or other organization, or one party has been engaged in industry and commerce for more than one year, and both parties have established labor relations with the enterprise for more than one year;
3) Both parties are rural residents, and one party is an only child for two or more generations, and has already given birth to one child;
4) Both parties are rural residents, and the woman's parents have only one or two daughters, and the man has settled in the woman's house and supported the woman's parents, and has already given birth to one child (only applicable to one of the sisters);
5) Both parties are ethnic minorities and have given birth to one child;
6) Both parties are rural residents, and one party is an ethnic minority and has two or more generations of household registration in the province, and has given birth to one child;
7) One party is the only child of a martyr and has already given birth to one child;
8) One party has never given birth, but the other party has already given birth to a child before remarriage;
9) One party has never given birth, and the other party is widowed before remarriage and has already given birth to two children;
10) Those who have already given birth to a child and have been diagnosed with a non-hereditary disability by an institution for the evaluation of sick and disabled children at the districted city level or above, and are unable to grow into a normal labor force;
11) One party has been engaged in underground operations in mines for more than five consecutive years, has given birth to a girl, and continues to engage in underground operations. Under the premise of not breaking the population and family planning indicators, the provincial family planning administrative department shall formulate specific measures for the birth of other special circumstances, and implement them after submitting them to the provincial people for approval. Where rural residents are converted into urban residents during the reform of the household registration system and urban construction land, they may continue to enjoy the birth policies applicable to rural residents as provided for in these Regulations for a period of five years from the date of conversion to urban residents.
Article 20 The birth of one of the husband and wife as a foreigner, a compatriot from Hong Kong, Macao, and Taiwan, as well as the birth of an overseas Chinese, returned overseas Chinese, or a person studying abroad, shall be carried out in accordance with the relevant provisions of the state.
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Specifically, you have to ask the local family planning commission, but it stands to reason that you can have children.
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The new family planning policy refers to the partial adjustment of the family planning policy by the people of various provinces in China according to the actual situation. The new family planning policy still follows the basic principle that a couple is allowed to have only one child, and the legal conditions for having a second child have been moderately relaxed. The people of various provinces in China have made some adjustments to the family planning policy in light of the actual situation.
The new family planning policy still follows the basic principle that a couple is allowed to have only one child, and the legal conditions for having a second child have been moderately relaxed.
Population and Family Planning Law of the People's Republic of China
Article 9 The population development plan shall be drawn up and incorporated into the national economic and social development plan. The local people at and above the county level are instructed to draw up population development plans for their respective administrative regions in accordance with the national population development plan and the people's population development plan at the next higher level, and in light of the actual local conditions, and to incorporate it into the national economic and social development plan.
Article 10 The people at and above the county level shall, in accordance with the population development plan, formulate population and family planning implementation plans and organize their implementation. The people's family planning administrative departments at or above the county level are responsible for the daily work of implementing the population and family planning implementation plan. The people's ** of townships, ethnic townships, and towns and the urban sub-district offices are responsible for the population and family planning work in the area under their jurisdiction, and implement the population and family planning implementation plan.
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Legal Analysis: Family planning is a basic national policy of the People's Republic of China, that is, planned births according to the population policy. It was established as a basic national policy in September 1982 and written into the Constitution in December of the same year.
The main content and purpose are to promote late marriage, late childbearing, fewer births, and eugenics, so as to control the population in a planned way. Since the formulation of the basic national policy of family planning, the positive role of family planning in China's population and development problems cannot be ignored, but it has also brought about the problem of population aging.
By the beginning of the 21st century, China's family planning policy had made some adjustments. Since the first batch of only children born in the 80s of the 20 th century have reached marriageable age, the family planning policy has been relaxed to a certain extent in many areas, especially in economically developed areas. On May 31, 2021, the Political Bureau of the Communist Party of China held a meeting, which pointed out that further optimizing the fertility policy and implementing the policy that a couple can have three children and supporting measures are conducive to improving China's population structure, implementing the national strategy of actively responding to population aging, and maintaining the advantages of China's human resource endowment.
Legal basis: Population and Family Planning Law of the People's Republic of China
Citizens have the right to have children and the obligation to practice family planning according to law, and both husband and wife bear common responsibilities in practicing family planning.
Article 18: The State encourages a couple to have two children.
Where the requirements provided by laws and regulations are met, arrangements may be made to arrange for the birth of another child. The specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.
The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees should also practice family planning, and the specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.
Where there is a discrepancy between the provinces, autonomous regions, or municipalities directly under the Central Government where the husband and wife are registered for the place of their household registration, the agreement on the concession of the child shall be applied in accordance with the principle of benefiting the parties.
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Legal Analysis: The state advocates age-appropriate marriage and childbearing, eugenics; A couple can have three children; abolition of social maintenance fees; Adopt financial, tax, insurance, educational, housing, employment and other support measures to reduce the burden of childbirth, parenting and education on families; Promote the establishment of an inclusive childcare service system, improve the accessibility and fairness of services for families with infants and young children, and standardize childcare services; support places with the capacity to explore the establishment of parental leave; Safeguard the legitimate rights and interests of family planning families.
Legal basis: Constitution of the People's Republic of China
Article 25 The State shall promote family planning so that population growth is commensurate with economic and social development plans.
Article 49 Both husband and wife shall have the obligation to practice family planning.
Decision of the Communist Party of China on Optimizing the Fertility Policy to Promote the Long-term Balanced Development of the Population" Implement the policy that a couple can have three children, and cancel restrictive measures such as social maintenance fees, clean up and abolish relevant punishment provisions, and support the implementation of active childbirth support measures".
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As one of the important policies of China's social development, the family planning policy has had a profound impact on Chinese society in the past few decades. The purpose of this policy is to control the number of people, optimize the population structure and improve the quality of the population, so as to ensure the sustainable development of China's economy and society. In the course of its implementation, some remarkable results have been achieved, such as controlling the rate of population growth and improving the education and health of women of childbearing and childbearing age.
However, the family planning policy has also been subject to some controversy and criticism. Some argue that this policy restricts individual reproductive freedom, and even causes some demographic imbalances, such as gender imbalances and ageing. In addition, some argue that there are some unfairness in the way the family planning policy is implemented, such as mandatory birth control and fines.
Therefore, there are different views and voices on whether the family planning policy is reasonable. Generally speaking, the family planning policy has achieved to a certain extent the goal of controlling the number of people and improving the quality of the population, but there are also some problems and shortcomings in the process of implementation. With the development and progress of the dust-resistant society, the revision and adjustment of policies will also be carried out continuously to better adapt to the new social changes and needs.
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Hello World Pants, each country is different, for example: Germany's population growth rate is negative, people generally do not want to have children, and then carry out family planning, Germany will not be there soon? However, the Chinese population has a large base for family planning, and it is not enough to eat and live. Family Planning Benefits:
1. It is conducive to accelerating the accumulation of funds in the country. The introduction of family planning has reduced the amount of money that the state spends on the new population, thereby accelerating the accumulation of funds. (2) It is conducive to labor employment.
The practice of family planning can reduce the number of people of working age each year, which is conducive to labor employment.
3. It is conducive to improving the quality of the population of the whole nation. With the practice of family planning, the state can use the accumulated funds for education, so that more people can receive more and better education and technical training, thus achieving the goal of improving the quality of the population of the whole nation.
4. It is conducive to optimizing the allocation of resources and improving the level of resources per capita. The practice of family planning can alleviate the contradiction between man and land and raise the level of cultivated land and grain per capita.
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Reasonable, family planning advocates a couple having two children, which is the two-child policy.
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1. The "main objectives" in the "Twelfth Five-Year Plan for National Population Development", which was only released on April 10, are:
Total population target. During the 12th Five-Year Plan period, the average annual natural growth rate of the population was kept within the limit, and the total population of the country was controlled within 100 million.
Population quality objectives. The level of education popularization has been further improved, with the average number of years of education for people over 15 years old and the average number of years of education for the new labor force. The coverage of on-the-job personnel training has been further expanded, the quality of the labor force has been markedly improved, and the contingent of qualified personnel has been further expanded. The infant mortality rate has been reduced to 12, the maternal mortality rate has been reduced to 22.1 million, the incidence of severe and multi-disabling birth defects has been reduced, and the average life expectancy has reached years.
Demographic targets. The sex structure of the population at birth has been effectively improved, and the sex ratio at birth has dropped to below 115.
Population distribution targets. The urbanization rate has increased by about 4 percentage points, restricting the population in the development area from gathering more in county towns and central towns, and the total population in the development prohibition area has decreased, and the spatial distribution of the population has tended to be reasonable. The equalization of basic public services for the floating population has been initially achieved.
People's livelihood security goals. Social employment has become fuller, the registered unemployment rate in urban areas has been kept under 5 percent, the incomes of urban and rural residents have increased substantially, and the ability of families to develop has been enhanced. The construction of the social security system covering urban and rural residents has been accelerated, the social pension service system has been basically established, and the capacity of pension services has been significantly improved.
The number of people living in poverty has been significantly reduced, the social security system and service system framework for the disabled have been basically established, and the living conditions have been further improved.
2. For specific policies of each province, please refer to the "Population and Family Planning Regulations" and the "Twelfth Five-Year Plan for Population Development" of each province.
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Each province has its own regulations on family planning, and you can look up the newly promulgated Population and Family Planning Regulations on the Internet.
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You have to be specific! Which province is it from?
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Legal analysis: 1. The maternity allowance in social security is what we usually call maternity leave pay, that is, the subsidy that female employees can receive from the state during childbirth. 2. If only the woman participates in the maternity insurance, the maternity medical treatment fee and maternity allowance can be enjoyed; If only the man is covered by maternity insurance, the woman is not entitled to maternity medical expenses and maternity allowance, but the man is entitled to 15 days of maternity leave and medical expenses for family planning surgery.
Legal basis: Social Insurance Law of the People's Republic of China
Article 2: The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive material assistance from the State and society in accordance with law in the event of old age, illness, work-related injury, unemployment, childbirth, and so forth.
Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.
Article 54 Where an employer has already paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.
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