an surging journalist Zhao Meng
an official reply from the grassroots Security Bureau to return the contribution reward of the only child, causing concern.
at the beginning of the year, a citizen of Minhou County, Fujian, was consulted by the 12345 government public service system. After he had the first girl in 2005, he could have one more child according to the policy, but he signed a voluntary waiver of the two child agreement and received the contribution reward of the only child every month. After the comprehensive two child policy came out, he also gave birth to second children. He felt puzzled how to deal with the reward award he received.
the Minhou County Security Bureau replied at that time that, according to the relevant regulations, the confirmation organ revoked the qualification without the approval of reproduction or illegal adoption, and returned the contribution award three times as stipulated in the agreement.
3 21 months, the surging news (www.thepaper.cn) reporter to Minhou County Health Bureau to verify that this reply is true. A staff member of the family development department said that the previous voluntary abandonment of the two child agreement and the overall two child policy support two children are "two things". If there is a need to have two children now, it is necessary to return the award of the contribution, otherwise it will be sent to the lawyer.
Security Bureau staff: not returning the "lawyer letter"
on the Fuzhou 12345 government public service system website, now can still see the "open the two child after the signing of the two child agreement has any relevance" this question post.
question post was released on January 5, 2018, the reply date is January 9, 2018, and the processing unit is Minhou County Health Bureau.
Zhang, who asked questions, said that their husband and wife were originally a household registered in Minhou County, and had a daughter in 2005, when a child was determined by the conditions of life. In 2008, the only child certificate was signed and the two child agreement was signed. Later, the house was settled in sugarcane town of Minhou county.
after the introduction of the two - child policy, the two husband and wife took the birth service registration form in Fujian province and returned the only child certificate in the sugarcane town planning department in January 4, 2017. In January 19, 2017, second children were born.
Zhang said, now I do not know before the birth of a child, after the two child agreement signed in Zhu Qi township to receive a monthly subsidy how to deal with, "some of the online said have been received without refundable, some said to return, I do not know what to do now."
the Minhou County Security Bureau replied: according to the relevant provisions of the implementation of the opinion on the family contribution and family contribution reward system of the rural part of the rural part of Fujian Province, the contribution reward object for reproduction or adoption must double return the contribution award gold that has been received. After the revocation of the confirmation organ, it will be approved for rebirth or adoption. If the child has not been approved for re birth or illegal adoption, the confirmation organ shall revoke the qualification and return the contribution award in accordance with the Agreement three times.
this reply was triggered by a screenshot of netizens after putting it on the Internet.
"after all, two children have been released. This response always feels that people are restricting two children." The first member of the Fujian County Minhou County, Huang Ke (a pseudonym), told the surging news.
3 21, 21, the family development department of Minhou County, Fuzhou, explained that before the implementation of the two - child policy, in accordance with the local policy of Fujian Province, the first child in the rural area was a girl's family, and could be allowed to have one more child.
to give up the two child and sign an agreement, it won a single child contribution of 1000 yuan at that time. After that, both husband and wife can receive 60 yuan per child contribution each month.
"before you are qualified to be unwilling to earn a living, you have made a contribution reward, and now you are going to be born again. Of course, you must return the money." She believes that after the voluntary surrender of the two child agreement signed, and the two child policy after the national support for two children, "two different things."
she said that, if the two child agreement was voluntarily abandoned, it is now required to have two children, and must return the 1000 yuan that has been received and the contribution bonus that will be received every month.
for the situation of no return, she said, "we have many ways", "can send a lawyer's letter". She also said that Minhou county has thousands of volunteers to voluntarily give up the family of two children, and many couples preparing to have two children have returned to the contributions that have been received.
lawyer: "give up the two child agreement" on the basis of the law that there is no
the lawyer Wu Youshui who has long paid attention to the problem of fertility. After the implementation of the two child policy, two children have no need for administrative examination and approval, instead of the registration and filing system. In the reply of the Minhou County Security Bureau, it is still required to be withdrawn by the confirmation organ. After the qualification is granted, the party approvals and gives birth or adoption again, which is contrary to the implementation of the two child policy at this stage.
is still binding on the signed waiver of the two child agreement, Wu Youshui believes that such agreements belong to the administrative agreement. Under the policy background and the legal environment at that time, the contract of the administrative subject and the citizen, the adjustment of the policy and the amendment of the law, the premise of the agreement will not exist and the agreement is binding. It will also automatically fail.
an surging news reporter noted that the comments on the system of family contribution and reward for family planning in the rural areas of Fujian Province, which was based on the reply of the Minhou County Security Bureau, were implemented in January 1, 2007. In order to carry out the spirit of "the decision of the Central Committee of the CPC Central Committee on Comprehensively Strengthening the population and family planning work, the decision on solving the population problem in an overall way" is introduced.
in addition, the implementation of the opinion is based on the confirmation of the family of two child birth, the supplementary provisions on the birth policy of the people's Government of Fujian province (min Zheng [1984] 82) implemented in November 1, 1984, as well as the regulations on family planning in Fujian, which was implemented in July 1, 1988.
Wu Youshui said that the laws and regulations that were based on the signing of the two child agreement had been amended in January 1, 2016, after the amendment of the state's population and family planning law, and the laws and regulations of the same year had ceased to exist; and the spirit of the documents based on the policy has also lost its guiding significance.
Wu Youshui believes that, under the current policy background, there is no reason to ask for a return for a family that has contributed two children to a single child for a single child, because the previous agreement has been out of force.
Huang Kuangshi, an associate researcher of China population and Development Research Center, also holds an approximate view. He said that now is the rule of law society, the administration according to law is the basic request to the government, nobody can also surmount. The family planning reward system should be more humane. "Having two children after birth means that they should not enjoy the reward of only child, but should not return it."