Provisions on the collection of social maintenance fees, provisions on the collection of social main

1. If the birth behavior of the party occurs in his current place of residence, the family planning administrative department of the people's ** at the county level of the current place of residence shall make a decision on expropriation in accordance with the collection standards of the current place of residence; 2. If the birth behavior of the parties occurs in the place of their household registration, the people's family planning administrative department at the county level where the household registration is located shall make a decision on expropriation in accordance with the collection standards of the place of household registration; 3. When the person's birth behavior occurs, the county-level people's ** family planning administrative department at the place of his current residence or household registration is discovered at the end, and then the county-level people's ** family planning administrative department that first discovers his childbearing behavior shall make a collection decision in accordance with the local collection standards. Where a party has already been levied social maintenance fees in one place, social maintenance fees are not levied again in another place for the same facts.

The Population and Family Planning Law of the People's Republic of China, taking into account the level of economic development in various regions and the income differences of the expropriated citizens, does not clearly stipulate the specific amount of social maintenance fees, but stipulates that "the measures for the collection and management of social maintenance fees shall be formulated by ***". On August 2, 2002, in accordance with the authorization of the law, the Administrative Measures for the Collection of Social Maintenance Fees were promulgated, which made further specific provisions on the collection of social maintenance fees, but only a principle was made for the standard of collection of social maintenance fees, and still no very specific provisions were made.

Paragraph 2 of Article 3 of the Administrative Measures for the Collection and Collection of Social Maintenance Fees stipulates that "the collection standards for social maintenance fees shall be based on the annual per capita disposable income of local urban residents and the per capita net income of rural residents as the basic reference standards for calculating and levying them, respectively, and the actual income level of the parties concerned and the circumstances of giving birth to children in accordance with the provisions of laws and regulations, to determine the amount of levy." The specific standards for the collection of social maintenance fees shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. It is not an administrative penalty, but an administrative charge.

Legal analysis: The collection standards for social maintenance fees are 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 calculating and levying, and the amount of collection is 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.

Legal basis: Order No. 357 of the People's Republic of China "Measures for the Administration of the Collection and Collection of Social Maintenance Fees" Article 3 Citizens who give birth to children who do not comply 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 standard 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 reference basic standards for calculating and levying the levy, and the amount of collection 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 a list of family planning-related fees or raising the standard for the collection of social maintenance fees.

Legal Analysis: The collection of social maintenance fees is based on three times the annual per capita disposable income of the family, and the standards are inconsistent in different regions. Social maintenance fees are levied on citizens who do not meet the legal conditions to give birth to children, and social maintenance fees are administrative fees, which have the characteristics of compensation and compulsion.

Legal basis: According to Article 5 of the Administrative Measures for the Collection of Social Maintenance Fees in Beijing: According to different circumstances, social maintenance fees are levied according to the following standards.

1) For couples who give birth to a second child in violation of the provisions or citizens who give birth to children out of wedlock (hereinafter collectively referred to as the parties), they shall be levied at 3 to 10 times the annual per capita disposable income of urban residents or the annual per capita net income of rural residents announced by the municipal statistics department;

2) For parties who give birth to a third child or three or more children in violation of provisions, the collection shall be doubled in accordance with the collection standards provided for in item (1) of this article;

3) For parties who give birth to their first child out of wedlock, it shall be levied at one time of the annual per capita disposable income of urban residents or the annual per capita net income of rural villagers announced by the municipal statistics department;

4) For parties who meet the requirements to give birth to a second child, if the woman is under the age of 28 at the time of childbirth or the interval between the birth of the first child is less than 4 years, it shall be levied on the basis of one-fifth of the annual per capita disposable income of urban residents or the annual per capita net income of rural residents as announced by the municipal statistics department.

1) If the child meets the conditions for having another child and does not obtain a birth certificate, it shall be levied at 30% of the total income of both parties in the previous year; (2) In the case of illegal birth of one more child, the levy shall be levied at two to six times the total income of both parties in the previous year, and the levy shall be levied at six to eight times the amount of bigamy or childbirth with a person other than the spouse; For each additional child, the levy shall be increased by three times in turn. In any of the following circumstances, a person who gives birth in violation of the law shall be levied at the following multiples of the standard of two to six times the standard provided for in the preceding paragraph: if the actual income is significantly higher than the local per capita income but cannot be verified, it shall be levied at four to six times the local per capita income; If the person fails to report in a timely manner after giving birth to more than one child in violation of the law for more than one year but less than three years, it shall be levied at three to four times the total income, and if it exceeds three years, it shall be levied at five to six times the total income; If the land of the village (resident) committee is included in the land requisition plan, it shall be illegally multi-born, and it shall be expropriated according to four to six times the total income; Where property is concealed or transferred before or after illegal childbirth, it is to be levied at four to six times the total income; Where a person refuses to pay a deposit for the termination of pregnancy and refuses to terminate the pregnancy, or evades the administration of family planning, resulting in an illegal birth, it shall be levied at four to six times the total income; where there are other serious circumstances, the levy multiples shall be determined at their discretion.

3) In the case of out-of-wedlock births and illegal adoption of children, the levy shall be levied according to the standard of illegally having more children according to the number of children. (4) Those who meet the statutory conditions for reproduction and terminate their pregnancy without authorization after 14 weeks of pregnancy, or falsely report the death of the baby, or abandon (buy, sell, or mutilate) the infant and young child and give birth illegally, shall be levied at twice the levy standard for illegally having multiple children. (5) If one of the parties to the illegal birth refuses to provide the information of the other party, the other party shall first levy social maintenance fees according to the per capita income of the known party, and the known party shall be responsible for paying it.

After that, if it is verified that the actual income of the other party or the per capita income of the place where the household registration is higher than the original levy base, the original expropriation decision shall be revoked, and a new expropriation decision shall be made on the basis of the actual income or the per capita income of the place where the household registration is located, and the difference shall be levied. (6) Before the discovery of the death of one of the parties who gave birth illegally or out of wedlock, only social maintenance fees will be levied on the other party; Children born illegally or out of wedlock who die after birth are exempt from levy. In the event of death during the implementation of the expropriation decision, the social maintenance fees that have already been collected shall not be refunded.

Article 44: Where a child is born in violation of the provisions of these Regulations, both men and women shall pay social maintenance fees in accordance with the "Measures for the Administration of the Collection of Social Maintenance Fees" and the provisions of these Regulations, and shall not enjoy the benefits provided for in paragraph 3 of Article 30 of these Regulations. For the collection of social maintenance fees, urban residents shall be based on the annual per capita disposable income of urban residents in the city divided into districts or counties (cities) in the year before the birth of the child; Rural residents shall be levied on the basis of the annual per capita net income of rural residents in townships (towns) in the year before the birth of the child. Where the actual income is more than twice the annual per capita disposable income of urban residents or the annual per capita net income of rural residents, in addition to paying social maintenance fees in accordance with the provisions of paragraph 3 of this article, the part of the social maintenance fees in excess of the per capita income shall also be paid one to two times the social maintenance fees.

The specific standards for the payment of social maintenance fees in accordance with the provisions of the first paragraph of this Article are: (1) Where one more child is born in accordance with the provisions of these Regulations, the social maintenance fee shall be paid at four times the basic standard; (2) Where the provisions of these Regulations do not meet the requirements of these Regulations and give birth to two or more children, social maintenance fees shall be paid in accordance with five to eight times the basic standards; (3) Where a child is born out of wedlock, social maintenance fees shall be paid at 0.5 to 2 times the basic standard; (4) Where two or more children are born out of wedlock, social maintenance fees shall be paid at five to eight times the basic standard; (5) In the case of bigamy, social maintenance fees shall be paid in accordance with six to nine times the basic standard. The collection of social maintenance fees shall be decided in writing by the people's family planning administrative department at the county level.

The county-level people's ** family planning administrative department can also entrust the township (town) people** or the urban sub-district office to make a written expropriation decision. Social maintenance fees shall be handed over to the state treasury and included in the management of local financial budgets. Article 45: Where the requirements for giving birth to another child are met as provided for in these Regulations, but the pregnancy is not obtained in accordance with the provisions of Article 26 of these Regulations, the birth certificate shall be replaced; If the child has not yet received a birth certificate at the time of childbirth, the spring stool shall pay 20 percent of the basic standard provided for in Article 44 of these Regulations.