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Giving birth to a child is an illegal act and shall bear the corresponding legal consequences. Regardless of the time of investigation and punishment, they should bear legal responsibility.
The standard for the collection of social maintenance fees shall be calculated on the basis of the actual total income of the husband and wife of the person who gave birth or adopted the child in violation of the law, wherein: if the actual income of rural residents is lower than the per capita net income of rural residents in the previous year in the township (town), it shall be calculated on the basis of the per capita net income of rural residents in the previous year in the township (town); Where the actual income of urban residents is lower than the per capita disposable income of the county (city, district) in the previous year, it is calculated on the basis of the per capita disposable income of urban residents in the county (city, district) in the previous year. The specific levy standards are as follows:
1) If the conditions for having another child are met and the birth certificate is not obtained, the levy shall be 30% of the total income of the previous year;
2) Those who meet the requirements for having another child, but have not reached the prescribed age for reproduction or have another child at an early interval, shall be levied at the rate of 40% of their total income in the previous year for each year in advance, and if it is less than one year, it shall be calculated as one year;
3) Where one child is born in violation of the law, it shall be levied at twice the total income of the previous year, and for each additional child, it shall be increased by three times in turn;
4) Where children are born out of wedlock or illegally adopted, they are to be levied according to the standard of having more children in violation of the law according to the number of children;
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My child has not settled, but also heard that it can be handled at the time of the census, I went to the local police station to handle it, people said that there is no document, 6-9 is to do the preliminary work of the census, November 1 is the time of the census, wait and see, see if there are any relevant documents, anyway, now many people have not settled their children are waiting and waiting. No fines, just heard that there are no credentials. Wait.
If you can't do it, take other ways, I heard that buying a house can be settled.
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Fines are to be imposed. If the child is overborn, social maintenance fees shall be paid 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.
Legal basis] Article 41 of the Population and Family Planning Law stipulates that citizens who give birth to children who do not comply with the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with the 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.
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It is necessary to pay social maintenance fees, that is, fines.
Legal basis: Population and Family Planning Law of the People's Republic of China
Article 41: Citizens who do not meet the requirements of Article 18 of this Law to give birth to children shall pay social maintenance fees in accordance with law.
If the social maintenance fee that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be charged in accordance with the 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 the law.
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Penalty standard for overbirth:
If a child is born in violation of the law, the county-level people's population and family planning administrative department or the township (town) people's ** and sub-district offices entrusted by it shall levy social maintenance fees on the child in accordance with the following provisions:
1) If the conditions for giving birth to another child are met and the birth certificate is not obtained, the tax shall be levied at 30% of the total income of the previous year. After the collection of social maintenance fees, the birth certificate will be reissued.
2) Where one child is born in violation of the law, it shall be levied at two to six times the total income of the previous year, and if the child is born in bigamy or with a person other than the spouse, it shall be levied at six to eight times; For each additional child, the levy shall be increased by three times in turn.
Where the requirements for marriage are met but the first child is pregnant without marriage registration, the marriage registration and birth certificate shall be completed before the birth of the child. Where children are born out of wedlock or illegally adopted, social maintenance fees shall be levied according to the number of children in accordance with the standards provided for in item (2) of the preceding paragraph of this article.
The total income referred to in this article is calculated on the basis of the actual income of both parties to the illegal birth or the illegal adopter. If the county-level people's population and family planning administrative departments need the assistance of relevant departments such as taxation, public security, statistics, labor security, real estate, and other relevant departments to investigate the actual income of illegal births or illegal adopters, the relevant departments shall provide assistance. Where the actual income of rural residents is lower than the per capita net income of rural residents in their own township (town) in the previous year, and the actual income of urban residents is lower than the per capita disposable income of their city or county in the previous year, rural residents shall be calculated on the basis of the per capita net income of rural residents in their own township (town) in the previous year, and urban residents shall be calculated on the basis of the per capita disposable income of urban residents in the city or county in the previous year.
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The fine must have been calculated at that time, according to the time of your sister's birth, the amount of the fine should be calculated according to three times the annual per capita net income of your farmers there in 1999, I feel that 10,000 yuan is more reasonable, and a fine of 30,000 yuan is definitely unreasonable. The average annual net income of farmers in Beijing is only 10,000 yuan.
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In the census of Taowei Town, Hengxian County, Guangxi, children who have been born unplanned must go to the Family Planning Commission to prove that they have to pay a fine for the excess birth before they can go to the public security organs to declare their household registration.
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Giving birth to an excess is an illegal act and shall be punished in accordance with law.
The specific fines for overbirth are as follows:
1) Where an urban resident gives birth to more than one child, the husband and wife shall be respectively levied a one-time social maintenance fee of between three and six times the amount of the per capita disposable income of urban residents in the local county (city, district) in the previous year, and if their actual income in the previous year is higher than the per capita disposable income of urban 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; Where two or more children are born in excess of the child, the social maintenance fee that should be levied on the basis of the one child that is born in excess shall be the base, and the social maintenance fee shall be levied in multiple of the number of children in excess of the child;
2) Where a rural resident gives birth to more than one child, the husband and wife shall be respectively subject to a one-time social maintenance fee of between three and six times the per capita net income of the local township and township farmers in the previous year, and their actual annual net income is higher than the per capita net income of the local township farmers in the previous year;
3) Where the first child is born without marriage registration, and the marriage registration is not completed within 60 days, twice the social maintenance fee shall be levied according to the calculation base provided for in subparagraphs (1) or (2) of this article; Where a second child or more is born without marriage registration, social maintenance fees of between three and six times shall be levied on the basis of the calculation base provided for in subparagraphs (1) or (2) of this Article; Where a spouse has a child with another person, social maintenance fees of between six and nine times are levied on the basis of the calculation base provided for in subparagraphs (1) or (2) of this article.
Where adoption is not registered in accordance with law, it is to be handled in accordance with the provisions of the preceding paragraph.
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Census, only the information of the population is collected. It has nothing to do with entering the household, **** wants data, and the local ** wants to collect it, and there has been no restriction on the entry of super-born children, and there is no fine to pay. It's just that you are required to pay some "maintenance social fees".
Family planning is the implementation of the 30-year plan, to now 30 years have long passed, can be the first to grab the policy will not change, just like the policy to the secondary road toll-free, the local ** will be all the secondary road plus the middle of the public column to promote the primary road to continue to charge, and such as the hot housing price problem, ** on the one hand to the people said that we will suppress the house price, on the other hand to engage in land auction platform high land **, on the other hand, the international oil price fall, the sharp rise in domestic oil prices aggravate the cost of transportation, do you think the house price will be lowered? ? So do you think ** will not charge your "maintenance social fee", and the officials who serve the people like *** will be fat and fat-headed???
** never serves the people, but just fools the people.
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Of course, the fine, but in response to the call of the state, in order to ensure the accuracy of the data, encourage the superborn people to register as soon as possible, and the amount of the fine will be more preferential than usual.
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Registering for household registration and paying social support, i.e. fines, are two different things, and they do not affect each other.
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The census is the human resources department, while family planning is under the control of the Family Planning Commission and the Ministry of Public Security. So it's not the same system at all. The purpose of the census is to let the country know how many people there are, how many elderly people, how many school-going children.
How many employed and unemployed, the ratio of men to women, etc., in order to grasp the policy and formulate the next five-year plan. Ten-year plan. So there's no direct connection.
But in order to ensure the relative accuracy of the census. Those who have not settled down will be supplemented. In order for the people to cooperate, it will be relatively relaxed, and if they can not be punished, they will not be punished, so everyone thinks that the census is to let the superborn children enter the household together.
However, it is recommended that superborn children who have not settled down should enter the house at this time. Don't take the initiative to enter, you won't get in until they let you in, otherwise you will still be fined.
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