20 17-20 18, the second child registration policy is as follows: how to register a second child?
The second child policy can be understood in this way. If it is a rural hukou, the first child is a woman who can have a second child, but only if both husband and wife are over 28 years old, otherwise they can have a second child after four years. If the first child is a man, no matter what account, only one child can be born.
This is the basic situation of Han nationality, and the minority policy is as follows: the minority population is an important part of China's population, and the family planning policy of ethnic minorities is also an important part of China's family planning policy. China's ethnic minority areas generally have low population density and relatively backward economy and culture. After the founding of People's Republic of China (PRC), the population of ethnic minorities in China increased rapidly. In recent years, for the prosperity of ethnic minorities and the improvement of their quality, family planning has also been implemented among ethnic minorities. It is specially stipulated that ethnic autonomous areas and relevant provinces and autonomous regions shall formulate local birth policies according to the spirit of the national family planning policy and local actual conditions. Generally, a couple have two children, and some can have three or four. However, farmers, herdsmen and ethnic minorities in Tibet provide contraceptives and consulting services, and the main task is to strengthen maternal and child health care.
The latest policy for the second child to settle down.
Those who meet the conditions of having a second child may not have to pay a fine for registration, but those who violate the conditions of having a second child will be fined. Registered permanent residence's way is as follows:
1. Take out the health certificate and give it to the neighborhood committee? Newborn family notice? .
2. Bring their parents' household registration books, ID cards, marriage certificates, children's birth certificates, birth service certificates and household registration notices to the neighborhood office where they are located and affix their seals.
3. Go to the household registration department of the street police station and bring the household registration book, ID card, marriage certificate, birth certificate and birth service certificate of both parents.
How to get two accounts for a second child, a second child, a second child and a black family? Red line?
The "Opinions" specify two insurmountable? Red line? ：
First, it is forbidden to set any preconditions that do not meet the requirements of household registration. Is this a clear government action? High voltage line? , unblocked the channels of household registration, made the household registration return to its original function, and reflected the level of social governance.
The second is to effectively protect the basic rights of citizens to register their accounts according to law. Is this the law that household registration management must adhere to? Bottom line? Is it people's livelihood that protects the rights of every citizen? Bottom line? No unit or individual may damage the household registration and other legal rights enjoyed by citizens.
Three principles
Anyone who doesn't have an account, no matter when or why, must register his account in time according to law. Proposed by the "Opinions"? Three principles? It provides ideas and methods for solving the registration problem of non-hukou personnel.
First, handle and protect rights and interests according to law. Effectively safeguard the rights and interests of every citizen registered in accordance with the law, and provide protection for them to participate in social affairs and exercise their rights and obligations. At the same time, we must adhere to the registered permanent residence according to law, and ensure the accuracy, uniqueness and authority of the household registration and citizenship number.
The second is to distinguish the situation and solve it by classification. The reasons for the problem of no hukou are very complicated. When registering accounts for non-registered personnel, the registered account policy should be implemented according to the reasons.
The third is comprehensive support and departmental coordination. The household registration of non-registered personnel involves the convergence of multi-sectoral policies. The "Opinions" clearly consider solving the household registration problem of non-household registration personnel and improving policies in related fields such as family planning, adoption registration, vagrancy and begging assistance, and nationality management, and require all relevant departments to clean up relevant policies and measures and improve supporting policies. For example, legal policies such as family planning and adoption registration need to be seamlessly connected with the Opinions; After the non-hukou personnel settle down, education, social security and other related safeguard measures should also keep up. Wait a minute.
Eight categories of personnel
(1) Persons without registered permanent residence who do not conform to the family planning policy. I or my guardian can apply for registration of permanent residence in accordance with the policy of voluntary settlement with my father and mother, with the medical certificate of birth and a parent's household registration book, marriage certificate or explanation of illegitimate birth. If you apply to settle down with your father and have no hukou, you need to provide a paternity test certificate issued by a qualified appraisal agency.
(2) Persons without registered permanent residence who have not obtained the medical certificate of birth. If a person is born in a midwifery institution without a registered permanent residence, he or his guardian may apply to the midwifery institution for a Birth Medical Certificate; For the non-registered persons born outside the midwifery institution, I or my guardian shall provide the paternity test certificate issued by a qualified appraisal institution, and go to the institution entrusted by the county-level health and family planning administrative department to apply for the birth medical certificate. Persons without household registration or their guardians shall apply for permanent residence registration with the medical certificate of birth and the household registration book, marriage certificate or instructions of one parent born out of wedlock.
(3) The fact that a person without a registered permanent residence was adopted without going through the adoption procedures. The parties may apply to the civil affairs department for adoption registration in accordance with the regulations, and apply for permanent residence registration with the adoption registration certificate and the adopter's household registration book.
(4) Persons whose accounts have been cancelled after being declared missing or dead. If a person reappears after being declared missing or dead by the people's court according to law, he or his guardian may apply for restoring the registration of permanent residence by virtue of the effective judgment of the people's court to cancel the declaration of missing (death).
(five) rural personnel who have been cancelled due to marriage. After investigation and verification by the public security organs, those who have not settled in other places may apply for restoring the registration of permanent residence at the place where the original account was cancelled. After the registration of permanent residence is resumed, those who meet the conditions for settlement of their current residence can move into permanent residence for registration.
(six) the account migration certificate is lost or exceeds the validity period. You can apply to the public security organ at the place where the certificate is issued for a replacement or renewal of the household registration certificate, and register in registered permanent residence with the replacement or renewal of the household registration certificate. College graduates who do not meet the current household registration policy in the place where they moved in may apply for the restoration of permanent residence in the place where their original residence is located, and other personnel may apply for the restoration of permanent residence in the place where their residence moves out.
(7) Illegitimate children of China citizens, foreigners without registered permanent residence and stateless persons. I or a guardian with China nationality can apply for registration of permanent residence with the medical certificate of birth, the explanation of parents' illegitimate birth and the residence booklet of one of our citizens. If a medical certificate of birth is not obtained, a paternity test certificate issued by a qualified appraisal institution is required.
(8) Other persons without registered permanent residence. Persons who do not have registered permanent residence for other reasons, or units and individuals who undertake guardianship duties, may apply for registration of permanent residence after investigation and verification by the public security organs in conjunction with relevant departments.
Super-life still has to pay social support.
Yangcheng Evening News Reporter Huang reports that the eight categories of non-hukou personnel specified in the Opinions on Solving the Registration Problem of Non-hukou Personnel include non-hukou personnel who do not meet the family planning policy. Some citizens asked, does this mean that super-survivors can register their accounts without paying social support? In this regard, the Guangdong Provincial Health Planning Commission made it clear in August 20 15 that the registration of citizens' household registration is the responsibility of the public security department, and it is the legal responsibility of the health and family planning department to collect social support for illegal births according to law. Illegally bearing children and collecting social support fees are two different things, which are neither contradictory nor mutually negative.
According to the Regulations on Population and Family Planning in Guangdong Province, which is still in effect in 20 15 years, the public security department will inform the health and family planning administrative department at the same level of relevant information when registering household registration. The health and family planning department shall check and verify the marriage and childbearing situation, and carry out family planning management and services according to law.
The Regulations of Guangdong Province on Population and Family Planning (Revised Draft) (hereinafter referred to as the new regulations) came into effect on New Year's Day of 20 16. The Guangdong Provincial Health Planning Commission said that according to laws and regulations, it is illegal to rashly give birth to two children before the implementation of the new regulations. According to the principle of non-retroactivity of the law, what has been dealt with will not be changed; Those that have not been dealt with shall be dealt with by the relevant administrative law enforcement organs and judicial organs according to law.
A few days ago, the responsible persons of the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Education, Ministry of Human Resources and Social Security and the National Health and Family Planning Commission answered questions from reporters on the Opinions on Solving the Registration Problem of Persons without Household Registration (hereinafter referred to as the Opinions).
Family planning prohibits the settlement of super-babies.
The National Health and Family Planning Commission attaches great importance to solving the settlement problem of super-children. As early as the 1980 s, relevant policy documents were issued, which explicitly prohibited linking out-of-policy births with settlement. 1988 the former national population and family planning commission and the Ministry of public security jointly issued the notice on strengthening birth registration, requiring? No place is allowed to stand on its own feet, and babies born out of family planning are restricted from settling down. Those who fail to apply for the one-child certificate, have not undergone birth control surgery, or have unplanned babies, as well as those who have married or illegitimate children, should be criticized and educated until administrative and economic penalties are imposed, but all babies should be settled? . It has been reiterated many times since then. After the establishment of the National Health and Family Planning Commission, it has repeatedly asked all localities to prohibit family planning from being tied up with settlement, enrollment and subsistence allowances, and to supervise it. Recently, the National Health and Family Planning Commission issued the Notice on Implementing the Decision of the Central Committee of the State Council on Reforming and Perfecting the Management of Family Planning Services in the Universal Two-Child Policy, and once again stressed that it is strictly forbidden to link the implementation of family planning policies with settlement, child care and enrollment.
After the opinions are issued, the National Health and Family Planning Commission will continue to guide the local health and family planning departments, actively cooperate with the public security departments, and do a good job in the registration of non-hukou personnel. Persons without household registration can participate in and enjoy the corresponding health and family planning services according to their own conditions and policies.
Factual adoption requires adoption registration first.
In fact, de facto adoption is a kind of private adoption, and there are many situations such as abduction, super-life, and picking up. For people without hukou, there are obstacles to enjoying social security policies such as education, medical care and assistance. In accordance with the conditions stipulated in this opinion, the fact of adopting a person without a registered permanent residence shall be registered in registered permanent residence in accordance with the relevant provisions of this opinion.
Those who wish to establish the legal relationship between parents and children through adoption registration should be studied and dealt with according to different situations. Factual adoption took place before the implementation of the Decision of the NPC Standing Committee on Amending the Adoption Law of People's Republic of China (PRC) on April 1 April/999. If the adoption registration has not been completed, the parties concerned may apply to the notary office for notarization of factual adoption in accordance with regulations. In fact, if a person who adopts a non-registered household is confirmed by the public security organ as a abducted child, the public security organ should first find out his biological parents, and then go through the adoption registration in accordance with the prescribed procedures. In a word, those who meet the requirements of the current adoption law shall be registered by the civil affairs department in accordance with the existing provisions, and the public security organ shall register their household registration; If there are no relevant regulations, the Ministry of Civil Affairs will strengthen investigation and study and formulate relevant supporting measures as soon as possible.
The right to education can be registered before opening an account.
At present, most school-age children and adolescents without registered permanent residence have enrolled in compulsory education, but there are still some people who can't go to school normally for various reasons. After the promulgation of the Opinions, local education departments will actively implement them, focusing on four aspects:
The first is to guarantee the equal right to education. Newly registered household registration personnel enjoy the equal right to education with the local household registration population, and school-age children and adolescents in the compulsory education stage should receive compulsory education equally in accordance with the provisions of the compulsory education law. Compulsory education should also be guaranteed for school-age children and adolescents who have no hukou or have not yet registered in registered permanent residence. Education departments and schools can't refuse admission because they don't have a hukou or don't conform to the family planning policy.
The second is to actively arrange admission. The education administrative departments at the county level should fully grasp the situation of school-age children and adolescents living in the compulsory education stage with newly registered hukou and temporarily no hukou. One person, one case? Do a good job, immediately arrange for admission to the nearest school, and guide the school to arrange appropriate grades according to the age and learning ability of students. If necessary, you can register in the household registration after entering the school.
The third is to strictly regulate management. Schools should apply the national information management system for primary and secondary school students to establish student status and student status files for all school-age children and adolescents. Students with new registered accounts and unregistered accounts are treated equally with other students, and no extra fees are allowed.
The fourth is to pay attention to special groups. Focus on school-age children, left-behind children and disabled children who have newly registered accounts or temporarily have no accounts. For the accompanying children, eligible children will be enrolled by the inflow government, and those who do not meet the requirements will be returned to their original residence, and the education administrative department at the county level will arrange for admission to the nearest place. For left-behind children and disabled children, we should try our best to provide convenience for them to go to school.
After settlement, you can apply for social security benefits accordingly.
The promulgation of "Opinions" is of great significance for further promoting the construction of social security system for urban and rural residents. In accordance with the spirit and requirements of the Opinions, the human resources and social security department will actively link up relevant policies to provide services and convenience for people without household registration to participate in social insurance.
With regard to old-age insurance, according to the State Council's Opinions on Establishing a Unified Basic Old-age Insurance System for Urban and Rural Residents (Guo Fa [2014] No.8), employees of non-state organs and institutions and urban and rural residents who are not covered by the basic old-age insurance system can participate in the old-age insurance for urban and rural residents at their domicile and enjoy old-age benefits according to regulations. Those who have been employed shall participate in the endowment insurance for employees in accordance with relevant regulations.
In terms of medical insurance, the basic medical insurance system has taken shape. The basic medical insurance for employees, the basic medical insurance for urban residents and the new rural cooperative medical system cover the urban employed population, the urban unemployed population and the rural population respectively. After registering their accounts, people without hukou can participate in the corresponding social insurance and enjoy the corresponding treatment according to their own conditions and policies.
How to register children with the second child policy? The registration of newborns should be handled by either parent to the household registration department of the local police station within one month after the birth of the child.
1. Medical certificate of baby's birth (1 copy, original inspection);
2. Parents' marriage certificate, ID card and household registration book (1 copy each, with the original inspection);
3. Family planning certificate issued by the street family planning agency where the household registration is located (original 1 copy);
4. If a child is born within the policy, provide the mother's family planning service certificate; If two children are born within the policy, provide the Approval Form for Birth of Two Children (copy 1, original inspection);
5. Declare 1 month or more, and submit the certificate that the baby has not entered the household with the father (mother) in other cities and counties (original 1 copy).
If it is legal to have a second child, the treatment is as follows.
1. First of all, you have to issue a birth certificate to your neighborhood committee? Newborn family notice? ;
2. Secondly, take the household registration book, ID card, marriage certificate, child's birth certificate, maternity service certificate and household notice of both parents to the street office where they are located to stamp;
3. Finally, go to the household registration section of the street police station where the household registration is located, and bring the parents' household registration book, ID card, marriage certificate, child's birth certificate and maternity service certificate;
If it is an illegal second child, you need to pay the corresponding fine according to law before you can go through the household registration procedures according to the process.
Taking Beijing as an example, the fines for illegal second children are as follows:
1. Couples who have a second child (second child) in violation of regulations or citizens who have children out of wedlock (hereinafter referred to as the parties) shall be levied according to the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department, which is 3 to 10 times.
2. The party who gives birth to the third child and more than three children in violation of regulations shall be levied twice according to the levy standard specified in Item 1 of this article.
3. The party who gives birth to the first child out of wedlock shall be levied according to the annual per capita disposable income of urban residents or the annual per capita net income of rural residents 1 times. Related reading:? Super life? Don't you have to pay a fine? See how to register two children.
Universal two-child policy, let go
The National People's Congress passed the Amendment to the Population and Family Planning Law, making it clear that the state advocates a couple to have two children; Those who meet the requirements stipulated by laws and regulations may ask for another child. The amendment will take effect on 20 16 1.
In the draft, the provisions of rewarding couples who marry late and have children late and parents of only children have been deleted. That is to say, starting from 65438+ 10/next year, couples who marry late and have children late will no longer have late marriage leave and late childbirth leave. After the revision of the law, parents who voluntarily have only one child will no longer enjoy the relevant rewards of parents who have only one child.
Extension of maternity leave for two children
In the amendment (draft), late marriage and late childbearing will no longer reward the extension of marriage leave, maternity leave or other welfare benefits, but respond? A couple has two children? Husband and wife have one child and two children? Extension of maternity leave can be rewarded or other welfare benefits. ? This can be seen as an incentive policy for having two children.
At present, the State Council has promulgated the Special Provisions on Labor Protection for Female Employees, which stipulates that female employees can enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child. However, when a second child is born, the maternity leave will be extended.
Cancel late childbearing and one-child rewards
The draft revised the reward method that is not in harmony with the universal two-child policy, and deleted the provisions on rewarding couples who marry late and have children late, and the parents of the only child. The old way? The principle of? Old people, parents of only children and parents of only children in family planning families who suffered accidental disability or death before the amendment of the law continue to enjoy rewards and assistance? . In other words, after the formal implementation of the comprehensive two-child policy, the three groups of people who originally enjoyed the one-child reward and assistance policy intend to continue to enjoy the reward and assistance policy.
With what? The old way? What is the corresponding? Newcomers, new ways? After the formal implementation of the comprehensive two-child policy, the only-child parents who previously enjoyed the one-child reward policy gave birth to two children, then from? Old man? Became? Newcomer? , no longer enjoy the incentive policy.
Giving birth to three children follows the principle of benefiting all parties concerned.
The draft proposes that the state encourages a couple to have two children; Those who meet the requirements stipulated by laws and regulations may ask for another child, and 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. At the same time, it is clear that if the provisions of the provinces, autonomous regions and municipalities directly under the Central Government where the husband and wife are registered are inconsistent, they shall be applied in accordance with the principle of benefiting the parties.