Regulations on Punishment for Family Planning and Regulations on Fines for Family Planning

I am a rural household registration to give birth to 2 children, how much should I pay?

Article 41 of the Population and Family Planning Law stipulates: "Citizens who do not meet the requirements of Article 18 of this Law and give birth to children shall pay social maintenance fees in accordance with the law." Anyone who violates the family planning policy will be subject to social maintenance fees, and if he is a state functionary, he will also be given an administrative sanction, and other personnel will also be given disciplinary action.

The cost of punishment varies from region to region across the country, and is basically based on the economic level of each locality. Family planning is a process of systematic control of the population through late marriage, late childbearing, eugenics, and fewer births. It is one of the basic national policies of our country.

Since the beginning of family planning in China, it has played a positive role in population control and economic development. At present, because the first batch of only children born in the 80s of the 20th century have reached the marriageable age, the family planning policy has a certain degree of relaxation, such as the ability to have a second child alone.

Article 3 of the Administrative Measures for the Collection of Social Maintenance Fees Citizens who do not comply with 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.

Anyone who gives birth in violation of the provisions of these Regulations shall be levied by the county (city, district) people's ** population and family planning administrative department according to the following times of the per capita disposable income of urban residents in the county (city, district) or the per capita net income of farmers in the previous year that the party's illegal acts were found to be social maintenance fees: If one more child is born, it shall be levied at two to three times; Because when the "per capita net income of farmers in the previous year" such as 10,000 yuan* cannot be multiplied by 2 (i.e., two people), as far as I know, many family planning departments have misinterpreted the law by multiplying it by two people without authorization.

Population and Family Planning Law Article 41 Citizens who give birth to children in accordance with the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with the 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 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 analysis: If a family planning technical service institution violates the provisions of these Regulations and engages in prenatal diagnosis and use of assisted reproductive technology for infertility without approval, the local people's health administrative department at or above the county level, in conjunction with the family planning administrative department, shall order corrections, give warnings, and confiscate illegal gains and relevant drugs and medical devices according to its authority; where the illegal gains are more than 5,000 yuan, a fine of between 2 and 5 times the illegal gains shall be imposed; where there are no unlawful gains or the unlawful gains are less than 5,000 RMB, a concurrent fine of between 5,000 and 20,000 RMB is to be given; and where the circumstances are serious, the department that originally issued the license shall revoke the license to practice family planning technical services.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 36 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections, given a warning, and confiscated illegal gains by the administrative department for family planning or health in accordance with its authority; where unlawful gains are more than 10,000 RMB, a fine of between 2 and 6 times the amount of unlawful gains is to be given; where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of between 10,000 and 30,000 RMB is to be given; where the circumstances are serious, the original license-issuing organ shall revoke the practice certificate; If a crime is constituted, criminal responsibility shall be pursued in accordance with law: (1) Illegally performing family planning surgery for others.

3) Carrying out false birth control operations, conducting false medical evaluations, or issuing false family planning certificates. Article 37 The administrative department for family planning shall confiscate the unlawful gains from the forgery, alteration, or sale of family planning certificates, and shall impose a fine of not less than two times but not more than ten times the amount of the unlawful gains if the unlawful gains are more than 5,000 yuan; where there are no unlawful gains or the unlawful gains are less than 5,000 RMB, a fine of between 5,000 and 20,000 RMB is to be given; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: Citizens who do not meet the requirements to give birth to children in wax state are required to pay social maintenance fees in accordance with the law.

Legal basis: Article 41 of the Population and Family Planning Law of the People's Republic of China 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 fee is not paid in full within the prescribed time limit, a late fee for the source of hunger 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 the law.

Analysis of the legal basis: If it does not conform to family planning, social maintenance fees shall be paid in accordance with the law.

Legal basis: "Measures for the Administration of the 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 basic reference standards for the calculation and collection, 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 additional items related to family planning and raising the standard for the collection of social maintenance fees.

Article 48 of the Zhejiang Provincial Regulations on Population and Family Planning shall be subject to social maintenance fees for both men and women who give birth in violation of the provisions of these Regulations, respectively, in accordance with the following multiples of the per capita disposable income of urban residents or the per capita net income of rural residents in the local county (city, district) in the previous year as announced by the statistical department

1) If one more child is born, it shall be levied at two to four times;

2) If there are more than two children, the levy shall be doubled according to the levy standard of the previous child;

3) Those who meet the requirements for reproduction but have not been approved to give birth shall be levied at 0.5 times to 1 time;

4) Where the first child has been born for six months after the legal age of marriage has not been registered, but the marriage registration has not been completed, the levy shall be levied at 0.5 times to 1 time;

5) Where a child is born under the legal age of marriage, it shall be levied at the rate of 1.5 times to 2.5 times;

6) Where one of the spouses gives birth out of wedlock with another person, the levy shall be doubled in accordance with the standards provided for in items 1 and 2;

7) Where civil affairs departments, family planning administrative departments, township (town) people**, and neighborhood offices discover that the adoption of a child does not meet the requirements, they shall order the parties concerned to make corrections within five months; Where the parties do not make corrections within five months, it is to be levied in accordance with the standards provided for in items 1 and 2.

Where an individual's actual annual income is higher than the per capita disposable income of local urban residents or the per capita net income of rural residents, an additional social maintenance fee shall be levied at the rate of one to two times the excess.

Article 49 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 may also entrust the township (town) people** or the sub-district office to make a written expropriation decision.

Article 50 If a party fails to pay social maintenance fees within the prescribed time limit, a late fee of 2/1000 of the outstanding social maintenance fees shall be imposed every month 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 51: Those who do not meet the legal requirements for giving birth shall, in addition to paying social maintenance fees in accordance with the provisions of these Regulations, not pay wages during the period of maternity leave, pay all expenses such as pregnancy and childbirth, and cancel other maternity benefits, and both men and women shall be given administrative sanctions of demotion or above, up to dismissal from public office. The people of counties (cities, districts** may stipulate other restrictive measures within the scope of their authority.