Research Directorate, Immigration and Refugee Board of Canada

1. Overview

Sources indicate that under the two-child policy, couples who have no more than two children are no longer required to obtain birth permits (US 8 Jan. 2016; China Daily 4 Jan. 2016). For information on birth permits, including their purpose and the consequences of not obtaining one, see Response to Information Request CHN105545 of June 2016. A January 2016 article in China Daily, a state-operated newspaper (The Guardian 7 Dec. 2018), states that instead of birth permits, couples are required to "report and register" the birth of their children (China Daily 4 Jan. 2016). In correspondence with the Research Directorate, a senior scientist at the University of Wisconsin-Madison, who has conducted research on China's family planning policies, indicated that many provinces, including Shanghai, have implemented an electronic birth registration system, which allows births to be monitored electronically, and that birth permits are no longer required (Senior Scientist 3 Apr. 2020). The same source, without providing further details, indicated that some provinces still require birth permits (Senior Scientist 3 Apr. 2020). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Family Planning Documents Issued by Authorities in Shanghai

According to a notice dated 7 June 2016 on guidelines for the implementation of birth registration in Shanghai issued to Shanghai district-level and county-level family planning committees, Shanghai established an [translation] "electronic birth registration system" called the "Shanghai Municipal Population and Family Planning Comprehensive Executive Information System" (Shanghai 7 June 2016). A notice posted on the website of the Shanghai Government on 6 January 2016 indicates that the birth registration system no longer requires individuals having two or fewer children to obtain a [translation] "birth permit" or "birth services permit" (Shanghai 6 Jan. 2016). The same source further states that individuals having three or more children will continue to be penalized through social compensation fees (Shanghai 6 Jan. 2016). A notice dated 5 July 2016 issued by the [translation] "Shanghai Municipal Health and Family Planning Commission" indicates that individuals who give birth after 1 January 2016 and who require proof of birth registration can apply for a "Shanghai Municipal Birth Registration Service Form" through a government office in a town or a neighbourhood committee office (Shanghai 5 July 2016).

According to a notice dated 9 August 2016, issued by the [translation] "Shanghai Health and Family Planning Commission" and the "Shanghai Municipal Human Resources and Social Security Bureau," women eligible to receive "birth insurance payment[s]" [1] can obtain a "Certificate of Family Planning Compliance in the Case of an Application to the City of Shanghai for Entitlement to Birth Insurance Payments" ("Family planning compliance certificate") (Shanghai 9 Aug. 2016).

The 5 July 2016 notice from the Shanghai Municipal Health and Family Planning Commission states that, as of 1 July 2016, paper copies of marriage and birth certificates will no longer be issued; only electronic marriage and birth certificates will be used, and the electronic certificates can be printed at the request of female residents of Shanghai, in their reproductive years, whose household registration is in another city or province (Shanghai 5 July 2016). The same source indicates that the printed certificate [translation] "must bear an official seal and be valid within three months of their printing date" (Shanghai 5 July 2016). The notice further states that information from [translation] "birth contact cards and hospital notification forms" are no longer issued as they have been incorporated into the electronic birth registration system (Shanghai 5 July 2016).

2.1 Birth Registration Procedure and Requirement

The notice dated 7 June 2016 on guidelines for the implementation of birth registration in Shanghai describes the following eligibility requirement for birth registration:

[translation]

married couples that (a) had their first or second childbirth after 1 January 2016, and (b) have one or both spouses registered in the city's household register or have one or both spouses among the floating population residing in the city. (Shanghai 7 June 2016)

The same notice indicates that documents required for birth registration include the couple's [translation] "identification documents, proof of residence, marriage certificate, and information on the married couple's current number of children" (Shanghai 7 June 2016).

The same source further states that the responsible local authority receives information through the electronic birth registration system, who then confirms the applicant's information through its [translation] "organizational capability," then records the data in the electronic birth registration system (Shanghai 7 June 2016).

2.2 Shanghai Municipality Birth Registration Service Form (Registration Form) Issuance Procedure and Requirement

The notice dated 7 June 2016 on guidelines for the implementation of birth registration in Shanghai describes the following procedure to verify the applicant's documents:

[translation]

The people's government office in a township (or town) or neighbourhood committee office shall verify the information included in the applicant's registration form and shall inspect the married couple's identification documents or proof of household registration and marriage. For applicants not born in a medical institution in this city, the office shall also inspect their children's medical birth certificates.

For applicants who have authorized another person to apply for the Registration Form, in addition to inspecting the materials provided by the authorized person, the office shall also inspect the person's proof of identity and the letter of authorization issued for the authorized person. (Shanghai 7 June 2016, italics in original)

The same notice provides the following guidelines for the issuance of a registration form:

[translation]

1. For applications that are complete with all the materials and the information has been verified as correct, a Registration Form shall be issued.
2. For applications involving birth registration information that has not yet appeared in the information system, a Registration Form shall be issued after all the relevant information is collected by the office.
3. For applications involving discrepancies between the applicant's information in the information system and their actual circumstances, a Registration Form shall be issued on the basis of the applicant's verified information, their commitments, and their application materials.
4. For applications that are deemed ineligible for birth registration, a Registration Form shall not be issued, and a written notice shall be issued providing the reasons.

For cases that are included in circumstances 2 and 3, the people's government office in the township (or town) or neighbourhood committee office that accepted the application shall, within 15 working days after the Registration Form is issued, complete the verification of the birth registration service information and record the results of the verification. (Shanghai 7 June 2016, italics in original)

The same source states that the registration forms acquired through [translation] "inaccurate information or false commitments" will be voided and the issuing authority will issue a cancellation of the registration forms, and the applicant will be instructed to return the form (Shanghai 7 June 2016). Information on the appearance of the registration form, confiscation of the form and the recourse available if a registration form is cancelled could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Family Planning Compliance Certificate Issuance Requirements and Procedures

The notice dated 9 August 2016 issued by the [translation] "Shanghai Health and Family Planning Commission" and the "Shanghai Municipal Human Resources and Social Security Bureau" provides the following eligibility requirements to receive a birth insurance payment:

1. Conformed to the policies for the birth of their first or second child;
2. Satisfied the conditions for an additional birth and received approval from a health and family planning administrative authority;
3. Conformed to the birth policies but had a miscarriage during pregnancy. (Shanghai 9 Aug. 2016)

The same notice indicates that the following documents are required to apply for a family planning compliance certificate:

[translation]

1. The married couple's identification documents;
2. The married couple's proof of household registration;
3. The married couple's proof of marriage;
4. A medical birth certificate issued by a medical institution with a department of gynaecology (and obstetrics) that has been established in accordance with city regulations, or a discharge report or medical history issued by a certified medical institution in another province (or autonomous region or directly controlled municipality). For applications that involve a childbirth in a foreign country, Hong Kong, Macau or Taiwan, proof of medical history and other related documents that clearly indicate the childbirth (normal childbirth, difficult childbirth, or miscarriage) issued by the medical institution must be provided along with a Chinese translation.
5. Apart from the essential documents indicated above, women who satisfy the conditions for additional births shall provide (a) a Notification for Additional Childbirths issued by the health and family planning commission of this city or of a district or county, or (b) a certificate of approval for additional births issued by a family planning administrative department from another province (or autonomous region or directly controlled municipality) that is county-level or above. (Shanghai 9 Aug. 2016, italics in original)

The notice describes the following issuance procedure:

[translation]

1. Women having their household registration in this city shall apply at, and provide the appropriate documents to, the people's government office in the township/town or neighbourhood committee office where their place of household registration or that of their spouse is located or, in the case of persons who are separated from their household, in the city in which they completed the registration for their current place of residence. Women having their household registration in another province (or autonomous region or directly controlled municipality) shall apply at, and provide the appropriate documents to, the people's government office in the township/town or neighbourhood committee office nearest to their place of residence in the city.
2. Within two working days of receiving the application, the people's government office in the township/town or the neighbourhood committee office shall examine and process the application in one of various ways, depending on the following circumstances:
   
   1. For applications that are submitted with incomplete information or in a form that does not meet legal requirements, the people's government office in the township/town or the neighbourhood committee office shall provide a one-time written notice to the applicant indicating all the content that is required to be supplemented or corrected.
   2. In accordance with the regulations, for applications that are not accepted because they are outside the office's jurisdiction, the people’s government office in the township/town or the neighbourhood committee office shall issue a notice of refusal to the applicant, which shall instruct the applicant to apply at the appropriate administrative office.
   3. For applications that are submitted with complete information and in a form that meets legal requirements and are also within the office's jurisdiction, the people's government office in the township/town or the neighbourhood committee office shall accept the application and issue a notice of acceptance to the applicant.
3. Within seven working days of accepting the application, the people's government office in the township/town or the neighbourhood committee office shall verify the applicant's eligibility in accordance with family planning policies and shall provide any appropriate comments. For applications that conform to the legal requirements, the office shall issue a "Certificate of Family Planning Compliance in the Case of an Application to the City of Shanghai for Entitlement to Birth Insurance Payments" (hereinafter referred to as a "family planning compliance certificate"). For applications that do not conform to the legal requirements, the office shall provide a written notice to the applicant indicating the reasons.

The applicant may authorize another person to apply for the family planning compliance certificate on her behalf. In addition to the stipulated documents and materials, persons who are authorized to apply on another’s behalf must also provide proof of their identity and a letter of authorization issued for the authorized person. (Shanghai 9 Aug. 2016)

The same source indicates that the family planning compliance certificate obtained through [translation] "deception, fabrication or any other illegitimate means" will be cancelled by the issuing authorities and the certificate shall be returned either by the applicant under their own volition or under the directions of the issuing authorities (Shanghai 9 Aug. 2016). Information on the appearance of the family planning compliance certificate, confiscation of the family planning compliance certificate and recourse available if a certificate is cancelled could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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.

Note

[1] Birth insurance payments or childbearing insurance benefits are "living allowances" paid to female workers in Shanghai, who give birth or have an abortion in compliance with family planning policies, during their maternity leave (Shanghai 19 Jan. 2013).

References

China Daily. 4 January 2016. Shan Juan. "3-Child Parents to Face Barriers." [Accessed 19 May 2020]

The Guardian. 7 December 2018. Louisa Lim and Julia Bergin. "Inside China's Audacious Global Propaganda Campaign." [Accessed 19 May 2020]

Senior Scientist, University of Wisconsin-Madison. 3 April 2020. Correspondence with the Research Directorate.

Shanghai. 9 August 2016. Health and Family Planning Commission and Municipal Human Resources and Social Security Bureau. "Notification of the Issuing of 'Methods for Examining and Verifying Family Planning Compliance in the Case of Applications to the City of Shanghai to Receive Birth Insurance Payments'." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 26 Mar. 2020]

Shanghai. 5 July 2016. Municipal Health and Family Planning Commission. "Notification of the Municipal Health and Family Planning Commission Concerning Adjustments to the Processing of Requests Relevant to the Administration of Family Planning for the City's Floating Population." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 26 Mar. 2020]

Shanghai. 7 June 2016. Database of Administrative Normative Documents. "Suggestions for the Implementation of Providing Birth Registration Services in Shanghai." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 26 Mar. 2020]

Shanghai. 6 January 2016. Municipal People's Government. "The Implementation of the New Universal Two-Child Policy and the Birth Registration Service System to be Implemented." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 26 Mar. 2020]

Shanghai. 19 January 2013. Municipal People's Government. "Notice of Shanghai Municipal People's Government on the Provisions on Implementing the Special Provisions on Labor Protection for Female Employees and Regulating the Childbearing Insurance Benefits for Female Employees of This Municipality." [Accessed 26 May 2020]

United States (US). 8 January 2016. Library of Congress. Laney Zhang. "China: Two-Child Policy Becomes Law." [Accessed 19 May 2020]

Additional Sources Consulted

Oral sources: Associate professor who has conducted research on citizenship rights in China; PhD student who has conducted research on Chinese women's choices in marriage and childbearing; postdoctoral fellow who has conducted research on family planning policies in Shanghai.

Internet sites, including: All China Women's Federation; Asia Society; BBC; China – National Health Commission, Supreme People's Court; ecoi.net; Factiva; The New York Times; UK – Home Office; UN – Entity for Gender Equality and the Empowerment of Women, Refworld; US – Congressional-Executive Commission on China, Department of State; Xinhua News Agency.