-
Anonymous users2024-02-07Measures for the Administration of 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.
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 6: The decision on the collection of social maintenance fees shall take effect on the date on which it is served on the parties. The parties concerned shall pay the social maintenance fee in a lump sum within 30 days from the date of receipt of the expropriation decision.
If the party concerned has practical difficulties in paying the social maintenance fee in a lump sum, he or she shall submit a written application for payment in installments to the county-level people's ** family planning administrative department that made the expropriation decision within 30 days from the date of receipt of the expropriation decision, and provide relevant supporting materials. The county-level people's ** family planning administrative department shall, within 30 days from the date of receipt of the party's application, make a decision to approve or not approve the installment payment, and notify the party in writing.
For the collection of social maintenance fees, the parties shall be issued with a receipt for social maintenance fees uniformly printed by the people's finance department of the province, autonomous region, or municipality directly under the Central Government.
Article 8: Where 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.
1. Those 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 regulations;
2. The social maintenance fee shall be levied by the family planning department;
3. If it is difficult to make a one-time payment, you can submit a written application to the family planning department for installment payment;
4. If the family planning department fails to pay within the prescribed time limit, it may apply to the court for compulsory enforcement, and the court may seal, seize and freeze the property of the parties when enforcing it.
Social maintenance fees can be applied for in installments and generally cannot be reduced or reduced.
-
Anonymous users2024-02-06Legal Analysis: Both parties have to pay social maintenance fees. The child is the child of both parents, and the parents shall bear corresponding legal responsibility for the fact of illegal birth.
Social maintenance is calculated separately on the basis of the income of both parties, with a low base if one is a housewife and a higher base if the other is a high-income person. The amount of social maintenance fees to be levied varies from place to place.
Legal basis: Article 41 of the 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 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.
-
Anonymous users2024-02-05Social maintenance fees cannot be refunded, except where they are illegally collected.
Although the state has been lenient since 2016, the state has encouraged a couple to have two children, and has advocated the birth of a second child. In 2013, it is still advocating that a couple have one child, and if Xiao Xiao gives birth to a second child without approval, it is an illegal act, and social maintenance fees should be levied in accordance with the law, and social maintenance fees that have been collected shall not be refunded.
-
Anonymous users2024-02-04Legal analysis: The introduction of laws and regulations will not be set in stone, but should be adjusted in a timely manner according to the actual situation of the current society, but the previous punishment content also has legal effect and will not be changed due to the introduction of the new policy, so after the introduction of the two-child policy, even if you regret paying the social maintenance fee, it cannot be returned. Although China has fully liberalized the two-child policy, this does not mean the demise of the family planning policy, and those who have children out of wedlock or who have married and have more children will also be levied social maintenance fees.
Social maintenance fees are administrative fees, which have the characteristics of large compensation and strong and town-based system. From this, we can be sure that the social maintenance fees that have been paid will not be refunded because of the introduction of the two-child policy, which is the support that every citizen should make for national construction.
Legal basis: Population and Family Planning Law of the People's Republic of China
Article 5 Leading the nation's population and family planning work. Local people at all levels lead the population and family planning work within their respective administrative areas.
Article 6 The administrative department for family planning shall be responsible for the national family planning work and the population work related to family planning. Local people's family planning administrative departments at or above the county level shall be responsible for family planning work and population work related to family planning within their respective administrative areas. The people's people at or above the county level and other relevant departments shall, within the scope of their respective duties, be responsible for the relevant population and family planning work.
Article 7 Trade unions, Communist Youth Leagues, women's federations, family planning associations and other social groups, enterprises, public institutions, and citizens shall assist the people in carrying out population and family planning work.
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
In principle, maintenance after the divorce of the parents is generally paid until the child reaches the age of 18. If the child is over 16 years old but under 18 years old, and the child's labor income is his main livelihood** and he can maintain the general living standard of the local area, the parents may also stop paying child support. However, in special cases, even if the child reaches adulthood, if the parents can afford it, they still have to pay for their child support. >>>More
A: The answer, of course, is no. Social maintenance fees, the so-called "over-birth fines". >>>More
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. >>>More