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1. What is the standard of social maintenance for superbirth? (1) Where an urban resident gives birth to an additional 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 a person gives birth to his or her first child without completing marriage registration and fails to complete the marriage registration within 60 days, twice the amount of social maintenance fees shall be levied on the basis of 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. Failure to handle adoption in accordance with law Failure to register the adoption of a child is to be handled in accordance with the provisions of the preceding paragraph.
In 2017, China has fully opened the second child, and all provinces and cities across the country have stipulated in accordance with Article 18 of the newly promulgated and implemented "Family Planning Law of the People's Republic of China": "The state advocates that a couple have two children; Those who meet the requirements stipulated by laws and regulations may request that arrangements be made for the birth of another child. "Relevant laws and regulations have been introduced one after another, so if the second child born in 2017 is the second child or the third child or more in the plan, there is no need to pay a fine and no social maintenance fee.
If it is not a second child or more in the plan, it must pay social maintenance fees in accordance with the regulations. The specific collection standards are implemented in accordance with the family planning policies of each province.
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If you do not meet the legal conditions for childbirth and have a child, that is, what you call an overbirth, then there is a standard for the collection of social maintenance fees, and this standard varies from province to province. Therefore, you can refer to the "Legal Responsibility" section of your province's "Population and Family Planning Regulations", and you will know how much social maintenance you need to pay for overborn children in your province according to the above provisions and the specific situation. Frankly speaking, like us, even if both the husband and wife are farmers, if they give birth illegally in 2015, the social maintenance fee shall not be less than 70,000 yuan.
Article 18 of the Population and Family Planning Law The State encourages a couple to have two children. Those who meet the requirements provided by laws and regulations may request that arrangements be made 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 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 imposed in accordance with the relevant regulations 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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The super-born also pays social maintenance fees. Social maintenance fee is a violation of the family planning policy, should be paid the fee, if not paid in accordance with the specified time, ** can not apply for a birth permit, the child will go to school in the future to settle down has a big problem, if not paid can be sued to the court.
[Legal basis].Article 3 of the Administrative Measures for the Collection and Administration of Social Maintenance Fees.
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 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.
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[Legal Analysis].The current family planning law stipulates that citizens who do not meet the requirements to give birth to children "shall pay social maintenance fees".
[Legal basis].Article 1085 of the Civil Code of the People's Republic of China? After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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.
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. >>>More
Civil Complaint.
Plaintiff: Female, born on October 2, 1995, Han nationality, from the city, living in the unit number of the residential area of the city district. >>>More
1. Which of the two times of the award is the exact time of divorce? >>>More
A: The answer, of course, is no. Social maintenance fees, the so-called "over-birth fines". >>>More