Population and family planning commissions, departments of public security, and the overseas Chinese affairs office of provinces, autonomous regions and municipalities directly under the central government; Xinjiang Production and Construction Corps and sub-provincial cities:

To implement the family planning policy involving overseas Chinese, the following are opinions on certain problems:

Domestic family planning policy towards overseas Chinese

Regarding the situation that a Chinese mainland resident and an overseas Chinese get married and give birth in the Chinese mainland, the couple shall abide by the population and family planning regulations at their registered permanent residence. If children are all settled abroad, the couple can give birth again in the Chinese mainland.

If Children of a Chinese mainland residents and an overseas Chinese born abroad are planning to settle in the Chinese mainland, they shall abide by the relevant population and family planning regulations at their registered permanent residence. If the number of children born abroad does not conform with policy at their registered permanent residence, they have to pay social support fees in accordance with the law.

If both of a couple are overseas Chinese and their children have all settled abroad, they can give birth in the Chinese mainland, their newborn can be settled at either of the couple’s previously registered permanent residences in accordance with relevant provisions.

Family planning policy towards returned overseas Chinese

Returned overseas Chinese shall obey population and family planning regulations at their registered permanent residence. If either husband or wife are returned overseas Chinese and their children are all settled abroad, they can give birth in accordance with the policy in the Chinese mainland.

Overseas Chinese and returned overseas Chinese that meet the above criteria should go through the stipulated approval process before giving birth.

Definition of overseas Chinese and returned overseas Chinese should be in accordance with the Provisions about the Definition of Overseas Chinese and Returned Overseas Chinese and Their Relatives (Overseas Chinese Affairs Office of the State Council (2009) No 5).

Opinions are the last word in family planning policy involving overseas Chinese.

National Population and Family Planning Commission, Ministry of Public Security, and Overseas Chinese Affairs Office

Dec 30, 2009