Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

This Response replaces CHN105983 of October 2017 to include amendments made to the population and family planning regulations for Guangdong and Fujian provinces and to add an English translation of the Rules for Implementation of Hebei Province Population and Family Planning Regulations.

1. Guangdong

An English translation of the Regulations of Guangdong Province on Population and Family Planning, with amendments introduced in September 2016, is attached to this Response (Attachment 1).

On 31 May 2018, the 3rd session of the Standing Committee of the 13th Guangdong Provincial People’s Congress adopted and promulgated the following amendments to the Regulations of Guangdong Province on Population and Family Planning:

[translation]

1. Article 40 is amended to: "For personnel who shall pay the social maintenance fees according to applicable laws and legal requirements, if he or she is a functionary of state organs, he or she shall also be subject to administrative punishments according to the law; other personnel shall also be given disciplinary punishments by the units or organizations from where they belong to."
2. Article 41 is amended to: "For those who give birth to children not following the laws and legal requirements, in the selection of advancement, conferral of personal honorary titles and confirmation of comprehensive rewards, as well as in the aspects of assessment and appointment of state authority officials, enterprise and institutional staff, their requests will be declined."
3. "Over three times but under six times of the social maintenance fees will be collected" in Items 1, 2 & 3 of Article 46 is amended into "three times of the social maintenance fees will be collected." In Item 4 of Article 46, "over six times but under nine times of the social maintenance fees will be collected" is amended into "six times of the social maintenance fees will be collected." (Guangdong 2018)

2. Fujian

An English translation of the Regulations of Fujian Province on Population and Family Planning, with amendments introduced in February 2016, is attached to this Response (Attachment 2).

On 24 November 2017, the 32nd Session of the Standing Committee of the 12th People’s Congress of Fujian Province adopted the following amendment to the Regulations of Fujian Province on Population and Family Planning:

[translation]

Article 47 In case of any child birth against the Regulations or other acts in violation of the family planning policy, state employees will be punished by his/her current unit or its supervising department according to relevant regulations while other people will be subject to disciplinary actions applied by his/her unit or organization. (Fujian 1988 (amended 2017))

3. Hebei

An English translation of the Regulations of Hebei Province on Population and Family Planning, with amendments introduced in April 2016, is attached to this Response (Attachment 3).

More recent amendments to these regulations could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

An English translation of the Rules for Implementation of Hebei Province Population and Family Planning Regulations, with amendments introduced in 2018, is attached to this Response (Attachment 4).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Fujian. 1988 (amended 2017). 关于修改《福建省人口与计划生育条例》的决定（2017年11月24日福建省第十二届人民代表大会常务委员会第三十二次会议通过) (Decision on Amendments to "Fujian Province Population and Family Planning Regulations" (Adopted by the 32nd Session of the Standing Committee of the 12th People’s Congress of Fujian Province on November 24, 2017)). Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 14 Feb. 2019]

Guangdong. 2018. 广东省人民代表大会常务委员会关于修改《广东省人口与计划生育条例》的决定(广东省第十三届人民代表大会常务委员会第5号公告 (Decision of the Standing Committee of Guangdong Provincial People’s Congress on Amendments to "Guangdong Province Population and Family Planning Regulations" (Announcement No. 5 of the Standing Committee of the 13th Guangdong Provincial People’s Congress)). Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 14 Feb. 2019]

Attachments

1. Guangdong. 1980 (amended 2016). Regulations of Guangdong Province on Population and Family Planning. Translated by the Translation Bureau, Public Services and Procurement Canada. <> [Accessed 24 Aug. 2017]

2. Fujian. 1988 (amended 2016). Regulations of Fujian Province on Population and Family Planning. Translated by the Translation Bureau, Public Services and Procurement Canada. <> [Accessed 24 Aug. 2017]

3. Hebei. 2003 (amended 2016). Population and Family Planning Regulations of the Province of Hebei. Translated by the Translation Bureau, Public Services and Procurement Canada. <> [Accessed 24 Aug. 2017]

4. Hebei. 2004 (amended 2018). Rules for Implementation of Hebei Province Population and Family Planning Regulations. Translated by the Translation Bureau, Public Services and Procurement Canada. <> [Accessed 14 Feb. 2019]