The latest policy on social maintenance, the social maintenance policy

1. What is the new policy on social maintenance fees?

If the social maintenance fee is calculated according to the fact that both husband and wife in the provincial capital city have an urban household registration and have more than one child, and the husband and wife are calculated separately, after the collection standard is unified, many provinces will drop significantly. For example, in Beijing, the annual per capita disposable income of urban residents in 2013 was 40,321 yuan, and the current levy standard is 3 to 10 times, and the husband and wife will be levied at a minimum of 10,000 yuan and up to 10,000 yuan, and if the actual income is higher than the average level, it will be levied at 3 to 10 times the actual income as the base. According to the unified standard, the maximum levy amount shall not exceed 10,000 yuan.

Another example is Chengdu, in 2013, the annual per capita disposable income of urban residents was 29,968 yuan, and the current levy standard is 6 to 8 times, and the husband and wife will be levied at a minimum of 10,000 yuan and a maximum of 10,000 yuan. According to the unified standard, the maximum levy amount shall not exceed 10,000 yuan. If the income exceeds the average level, the excess part shall be levied at 1 to 2 times.

Similar cities with a significant decrease include Shanghai, Guangdong, Shaanxi, Jiangsu, Henan and other places. The current standard for Guangdong and Shaanxi is 3 to 6 times the base amount, 3 times for Shanghai and Henan, and 4 times for Jiangsu.

Comparing the current standards and the unified standards, there are also areas where the collection of social maintenance fees has not changed much, such as Fuzhou City, Fujian Province. In 2013, the annual per capita disposable income of urban residents in Fuzhou was 32,265 yuan, and the current levy standard is 2 to 3 times, and the husband and wife who are not higher than the average will be levied at least 10,000 yuan and the maximum 10,000 yuan. If calculated according to the unified standard, the levy amount ranges from 10,000 yuan, which is relatively small from the current standard.

The draft regulations unify the standards for the collection of social maintenance fees for the birth of one child, but only provides for an increased levy in the case of multiple children, and the specific collection standards are to be formulated by each province, autonomous region and municipality.

Extended funding: Procedures for the collection of social maintenance fees.

1. If the Population and Family Planning Bureau and the entrusted sub-district (town) find that a citizen is suspected of having an illegal birth, it shall fill in a case report form for the illegal birth object, and at the same time file a case and fill in the case approval form.

2. At least two law enforcement personnel with administrative law enforcement certificates are responsible for investigating and collecting evidence, and collecting materials such as marriage and childbirth, household registration, nature of household registration, occupation, income certificate, children's household registration declaration, birth medical certificate, etc.

When making an investigation record, the person being investigated must sign the record and put his fingerprint on it. The evidence materials should be marked with the source and date of collection, signed by law enforcement personnel or evidence providers, and the copies should be marked with the originals.

3. After the completion of the investigation, a written investigation report shall be made, and at the same time submitted to the Population and Family Planning Bureau for review, and the personnel of the Laws and Regulations Section shall participate in the investigation and evidence collection to report to the bureau for review.

The Administrative Measures for the Collection of Social Maintenance Fees stipulate that citizens who do not comply with the provisions of Article 18 of the Population and Family Planning Law and who have more than two children together or who have children out of wedlock shall pay social maintenance fees in accordance with the law. The collection of social maintenance fees shall be made in writing by the people's family planning administrative departments at the county level, and the specific collection standards for social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government, and the specific amount varies from place to place. It can be consulted and determined by the people's family planning administrative department at the county level.

According to Article 7 of the Notice of the Supreme People's Court on Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts, the amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards in the locality.

For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.

If there are special circumstances, the above proportion may be appropriately increased or decreased.

Legal analysis: According to the provisions, if an urban resident gives birth to more than one child, the husband and wife shall be levied a one-time social maintenance fee of not less than three times but not more than six times the amount of the per capita disposable income of urban residents (permanent residents) in the previous year in the local county (city, district) or prefecture-level city without districts, and if the actual income of the person in the previous year is higher than the per capita disposable income of the urban residents (permanent residents) in the local county (city, district) in the previous year, the excess shall also be subject to an additional social maintenance fee of between one and two times; If there are more than two children born, the social maintenance fee that should be levied for one child is used as the base, and the social maintenance fee is levied according to the multiple of the number of children in excess of the child!

Legal basis: Population and Family Planning Law of the People's Republic of China

Article 18: The State encourages a couple to have two children. Where the requirements provided by laws and regulations are met, arrangements may be made to arrange for the birth of another child. 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.

Ethnic minorities should also practice family planning, 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. Where there are inconsistencies between the provisions on the reproduction of children between the provinces, autonomous regions, or municipalities directly under the Central Government where the husband and wife are registered, they are to be applied in accordance with the principle of benefiting the parties.

Article 41: Citizens who do not comply with the provisions of Article 18 of this Law and give birth to children shall pay social maintenance fees in accordance with law. If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.

Article 42 Where a person who pays the social maintenance and travel expenses in accordance with the provisions of Article 41 of this Law is a state functionary, he shall also be given an administrative sanction in accordance with law; Other personnel shall also be given disciplinary sanctions by the unit or organization to which they belong.

Legal analysis: Citizens who do not meet the provisions of Article 18 of the Population and Family Planning Law and give birth to children shall pay social maintenance fees in accordance with the provisions of these Measures.

The standards for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations. The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.

No unit or individual may violate the provisions of laws and regulations by adding additional items related to family planning and raising the standard for the collection of social maintenance fees.

Legal basis: Administrative Measures for the Collection of Social Maintenance Fees

Article 3 Citizens who give birth to children in accordance with the provisions of Article 18 of the Population and Family Planning Law shall pay social maintenance fees in accordance with the provisions of these Measures.

The standards for the collection of social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the basic reference standards for the calculation and collection, and the amount to be levied shall be determined in combination with the actual income level of the parties and the circumstances of giving birth to children in accordance with the provisions of laws and regulations. The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. No unit or individual may violate the provisions of laws and regulations by adding additional items related to family planning and raising the standard for the collection of social maintenance fees.

Article 4 The collection of social maintenance fees shall be subject to a written decision made by the people's family planning administrative department at the county level; The county-level people's ** family planning administrative department may entrust the township (town) people** or the sub-district office to make a written expropriation decision.

Article 8 If the party concerned fails to pay the social maintenance fee within the prescribed time limit, a late fee of 2/1000 of the outstanding social maintenance fee shall be imposed every month from the date of non-payment; If the payment is still not made, the administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.

Article 9 If a party is dissatisfied with the expropriation decision, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with law. Positive osmosis.

During the period of administrative reconsideration or administrative litigation, the enforcement of the expropriation decision shall not be suspended; However, except as otherwise provided by the Administrative Reconsideration Law and the Administrative Litigation Law.

Household registration, school enrollment, and employment will be fully decoupled from personal fertility status. And the relevant remaining issues involved have also been properly handled.

Legal basisArticle 8 of the Decision of the Communist Party of China on Optimizing the Birth Policy and Promoting the Long-term Balanced Development of the Population.

Implement the three-child policy in accordance with the law. The "Population and Family Planning Law of the People's Republic of China" was amended to promote age-appropriate marriage and childbearing, eugenics, and the implementation of the three-child policy. All provinces (autonomous regions and municipalities directly under the Central Government) are to comprehensively consider the population development situation, work foundation, and policy implementation risks in their respective regions, do a good job of policy convergence, and organize their implementation in accordance with the Sou Ran Year Law.

Article 9. Restrictions such as social maintenance fees have been abolished. Abolish social maintenance fees, clean up and abolish relevant penalty provisions.

Household registration, school enrollment, and employment will be fully decoupled from personal fertility status. Properly handle issues left over from history in accordance with laws and regulations. In areas where the contradictions between the development of the world and the economy, society, resources, and environment are more prominent, strengthen publicity and advocacy, promote the effective connection between relevant policies benefiting the people and fertility policies, and accurately do a good job in various management services.

Legal analysis: The National Health Commission issued a notice requiring the implementation of the "Decision of the Communist Party of China on Optimizing the Birth Policy and Promoting the Long-term Balanced Development of the Population" (hereinafter referred to as the "Decision"). The decision pointed out that the implementation of the three-child policy and supporting measures, improve the service management system, improve the level of eugenics and inclusive childcare services, reduce the cost of childbirth, parenting and education, enhance family harmony and happiness, promote the realization of a moderate fertility level, and promote the long-term balanced development of the population.

Among them, the key tasks include the abolition of social maintenance fees, the clean-up and abolition of relevant punishment regulations, and the comprehensive decoupling of household registration, school enrollment, and employment from personal fertility status.

The basis of the law of the law of the law of the "Communist Party of China" "Decision of the Communist Party of China on Optimizing the Fertility Policy and Promoting the Long-term Balanced Development of the Population" (9) Abolish social maintenance fees and other restrictive measures. Abolish social maintenance fees, clean up and abolish relevant penalty provisions.

Household registration, school enrollment, and employment will be fully decoupled from personal fertility status. Properly handle issues left over from history in accordance with laws and regulations. In areas where the contradictions between population development and the economy, society, resources, and environment are more prominent, strengthen publicity and advocacy, promote the effective connection between relevant policies benefiting the people and fertility policies, and accurately do a good job in various management services.