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Article 53: Where children are born in violation of the provisions of these Regulations, social maintenance fees shall be levied in accordance with the following provisions:
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 levied a one-time social maintenance fee of not less than three times but not more than six times the per capita net income of the local township farmers in the previous year on the basis of the local township and township farmers' per capita net income in the previous year, and if their actual annual net income is higher than the per capita net income of the local township farmers 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;
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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Can you gather a clear example?
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1. What is the standard of fines for overbirth?
1. The penalty for over-birth is levied on couples who do not meet the requirements to give birth to a third or more child, or a citizen who gives birth to a third or more child out of wedlock, according to 3 to 10 times the annual per capita disposable income of urban residents or rural residents announced by the municipal statistical department. The penalty for over-birth is levied at three times the actual annual income of urban residents whose actual annual income is higher than the annual per capita disposable income of urban residents, or the annual per capita net income of rural residents.
2. Legal basis: Article 18 of the Regulations on Chinese Population and Family Planning.
The State stabilizes the current fertility policy, encourages citizens to marry later and have children later, and advocates that a couple have one child; Those who meet the requirements provided for by laws and regulations may request that arrangements be made for the birth of a second 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.
2. What are the penalties for violating family planning?
1. Urban residents shall pay social maintenance fees in accordance with the following provisions: If they give birth to one child, they shall pay social maintenance fees of not less than 5,000 yuan but not more than 10,000 yuan. If a second child is born, a social maintenance fee of not less than 30,000 yuan but not more than 60,000 yuan shall be paid.
If the third child or more is born, a social maintenance fee of not less than 60,000 yuan but not more than 120,000 yuan shall be paid;
2. Rural residents shall pay social maintenance fees in accordance with the following provisions: If they give birth to their first child, they shall pay social maintenance fees of not less than 3,000 yuan but not more than 5,000 yuan. If a second child is born, a social maintenance fee of not less than 10,000 yuan but not more than 30,000 yuan shall be paid.
For those who give birth to the first child or more, pay social maintenance fees of between 30,000 and 60,000 yuan. If a person with a spouse gives birth to another person, the urban resident shall pay 120,000 yuan in social maintenance fees; Rural residents pay 60,000 yuan in social maintenance fees. Where a child is born in violation of the provisions of these Regulations, one party is a rural resident and the other is an urban resident, and social maintenance fees shall be levied in accordance with the standards for urban residents.
Those who meet the other requirements for reproduction as stipulated in these Regulations, but give birth without the approval of the county-level family planning administrative department, shall pay a social maintenance fee of 1,000 yuan, and those who have not reached the interval for childbirth shall pay a social maintenance fee of 3,000 yuan.
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The latest policy on fines for overbirths: Legal Liability Article 43 Those who do not meet the conditions for reproduction and give birth to children in violation of family planning laws and regulations shall be subject to separate social maintenance fees on both men and women in accordance with the following provisions:
1) At the time of the occurrence of the party's childbirth, the social maintenance fee shall be levied at two to three times the per capita disposable income of the residents of the district or county (autonomous county) where the person's household registration is located in the previous year as announced by the statistical agency;
2) Where two or more children are born in violation of the law, social maintenance fees are to be levied in accordance with the calculation base provided for in item 1 (hereinafter referred to as the calculation base provided) and in accordance with the number of children illegally born in multiples;
3) Where two or more children are born in one child, social maintenance fees shall be calculated and levied according to the birth of one child; If one of the men and women is unable to pay social maintenance fees, the other party shall pay the social maintenance fees. Article 44 Where a child is born outside of wedlock, a social maintenance fee of not less than three times but not more than five times the income level provided for in Item 1 of the first paragraph of Article 43 shall be levied on both men and women. Article 45 The collection of social maintenance fees shall be decided in writing by the health and family planning administrative departments of districts and counties (autonomous counties), and may also be entrusted to the township people's ** or neighborhood offices to make written collection decisions.
The decision on the collection of social maintenance fees shall take effect on the date on which it is delivered to the parties. The parties concerned shall, within 30 days from the date of receipt of the expropriation decision, go to the designated bank to make a lump sum payment in accordance with the regulations. Where the parties have real difficulties in paying social maintenance fees in a lump sum, they shall submit a written application for payment in installments to the institution that made the collection decision within 30 days from the date of receipt of the expropriation decision, and provide relevant supporting materials.
The institution making the expropriation decision 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. If the party fails to pay the social maintenance fee within the prescribed time limit, a late fee of 2/1000 of the outstanding social maintenance fee shall be imposed every month from the date of non-payment, but the late fee shall not exceed the principal of the arrears; If the payment is still not made, the institution that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law. All social maintenance fees collected are included in the financial budget management.
Article 46: Those who meet the requirements for rebirth, but fail to perform the formalities for approval of reproduction in accordance with the provisions of these Regulations, shall be fined 2,000 yuan.
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Where an urban resident gives birth to more than one child, the husband and wife shall be levied a one-time social maintenance fee of not less than three times but not more than six times the amount of the per capita disposable income of urban residents in the local county in the previous year. Regarding the question of what are the provisions of the penalty for overbirth, I will answer it for you in detail below.
1. What are the provisions on fines for overbirth?
The fines for overbirth are as follows:
1. Where an urban resident gives birth to more than one child, the husband and wife shall be levied a one-time social maintenance fee of not less than three times but not more than six times the amount of the per capita disposable income of urban residents in the local county in the previous year;
2. Where a rural resident gives birth to more than one child, the husband and wife shall be levied a one-time social maintenance fee of not less than three times but not more than six times the amount of the per capita net income of the local township farmers in the previous year on the basis of the local township and township farmers, and their actual annual net income is higher than the per capita net income of the local township farmers in the previous year;
3. If 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 regulations.
4. Legal basis: Article 41 of the Population and Family Planning Law of the People's Republic of China stipulates that 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 payable is not paid in full within the prescribed time limit, 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.
2. Whether it is illegal or illegal to give birth to a superchild
It is illegal to give birth to a child. Superbirth, that is, beyond the planned birth. Family planning is one of China's national policies, and in the past, in principle, only one child was allowed, but there were exceptions.
Citizens who do not meet the requirements to give birth to children 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 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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This is the standard for the collection of social maintenance fees in a certain place, and it varies from region to region. The difference is huge. 1. Collection standard 1: Early childbirth (including premarital childbirth, childbirth before childbirth, and childbirth without approval if the conditions for reproduction are met), shall be levied at 60% to 1 time of the total income of both parties in the previous year.
2. If one more child is born, it shall be levied at two to three times the total income of both parties in the previous year. 3. If a second child is born, it shall be levied at four to six times the total income of both parties in the previous year. 4. If the third or more children are born, it shall be levied heavily.
5. If a child is born outside of wedlock, the income shall be four to six times the total income of both parties in the previous year. 6. If a second or more child is born outside of marriage, it shall be levied heavily. In the case of illegal adoption of children, social maintenance fees shall be levied in accordance with the above provisions.
2. Calculation of collection standards 1. Definition of income of the previous year. Taking into account the timing of the provision of accurate statistical data by statistical offices, the income of the previous year is based on the data published by the statistical offices (e.g. the 2009 income is used as the standard for the implementation of "previous year income" in 2010). 2. Statistical data**.
According to the division of statistical functions, the per capita net income of farmers is provided by the county statistical bureau, and the per capita disposable income of urban residents is provided by the Nanping Municipal Bureau of Statistics. 3. Implementation of collection standards. where the party's annual income is lower than the statistical standard, it shall be levied according to the statistical standard; Where it is higher than the statistical standard, it may be levied on the basis of multiples of the actual annual net income of both parties.
4. Floating population levy standards. Whether it is a party that flows between towns and towns in the county, or a party that flows into the county from another county, according to its identity, it will be levied according to the corresponding standards of the county. 5. About the annual collection standard.
Before January 1 of each year, the county statistics bureau and the county population and family planning bureau will announce the per capita income standard of the previous year, and the new annual standard will be implemented from January 1. 6. 2010 levy standard. Both parties are rural population, and the social support standard is based on the per capita net income of farmers published in the 2009 Zhenghe County Statistical Yearbook of the County Bureau of Statistics of 4,682 yuan; If one or both of the parties are the staff of government agencies, enterprises and institutions and urban residents, the standard for levying social maintenance fees shall be based on the per capita disposable income of 12,907 yuan for urban residents in Zhenghe County announced by the statistical department of Nanping City, and shall be levied in accordance with the prescribed multiples according to the facts of violation of the "Regulations".
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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 not less than three times but not more than six times the amount of the per capita disposable income of urban residents in the local county (city, district) in the previous year on the basis of the amount of per capita disposable income of urban residents in the local county (city, district) in the previous year, and the social maintenance fee shall be increased by between one and two times for the excess part of the husband and wife; 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 levied a one-time social maintenance fee of not less than three times but not more than six times the amount of the per capita net income of the local township farmers in the previous year on the basis of the local township and township farmers, 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, this article shall apply.
a) or subparagraph.
2) The calculation base provided for in subparagraph shall be levied twice the social maintenance fee; Where a second child or more is born without marriage registration, this article shall apply.
a) or subparagraph.
2) The calculation base provided for in item shall be levied a social maintenance fee of not less than three times but not more than six times; Where a spouse gives birth to another person, this article shall apply.
a) or subparagraph.
2) The calculation base provided for in subparagraph shall be levied a social maintenance fee of not less than six times but not more than nine times. Where adoption of a child is not registered in accordance with law, it is to be handled in accordance with the provisions of the preceding paragraph.
4. Overbirth, overbirth is beyond the planned birth. Family planning is one of China's national policies.
First, in principle, only one child is allowed, but there are exceptions. For example, if an ethnic minority, an only child marries, or the first child is a girl in a rural area, the second child can be born under the circumstances prescribed by law, but the child must first apply for a birth permit. In the case of rural population, the first child is a girl, and the first child must be at least four years old before the second child can have a second child.
Superbirth stems from a deep-rooted traditional concept: thousands of years of unfilial piety in China.
Third, the idea that no queen is great. Article 41 of the "Population and Family Planning Law of the People's Republic of China" provides that 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 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.
Article 42 A person who pays social maintenance fees in accordance with the provisions of Article 41 of this Law is a state functionary and shall also be given an administrative sanction in accordance with law; Other personnel shall also be given disciplinary sanctions by the unit or organization to which they belong. Of course, for the overborn families, they should also learn more about the laws and regulations on the fines for overbirths, and there are many questions about overbirths, such as what are the fines in each region? How is it calculated?
These questions will be answered in detail in the future. I hope that this content will be helpful to you.
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