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There are also different family planning policies in the same provinces and regions, but having three is definitely overborn, and giving birth to two can only be done if the relevant conditions are met, the following is just a reference, and it depends on the situation in your region).
Where a child is born in accordance with the provisions of the law and these Regulations, social maintenance fees shall be levied in accordance with the following provisions: (1) Where the first child is born in violation of the provisions of Articles 14 and 15 of these Regulations, it shall be levied at 6 to 8 times the base amount of the levy; (2) Where the first child is born without performing the marriage registration formalities, it shall be levied at 3 to 4 times the base amount of the levy; Those who meet the requirements for marriage registration and go through the marriage registration formalities within 3 months after giving birth shall be exempted from social maintenance fees; (3) Where a spouse has the first child with another person, it shall be levied at 9 to 10 times the base amount of the levy; (4) Those who meet the prescribed conditions and intervals for reproduction but have not been approved to give birth shall be levied at 1 time of the levy base; If the conditions for reproduction are met but the interval is not reached, it shall be levied at twice the base amount of the levy; (5) Where the provisions of these Regulations do not comply with the provisions of these Regulations, the social maintenance fee shall be doubled for each child.
Where children are born in violation of the provisions of these Regulations, and one party is a rural population and the other party is an urban population, social maintenance fees shall be calculated and levied on the basis of the per capita disposable income of the city where the urban population is located in the previous year.
Those who give birth to children in accordance with the provisions of the law and these Regulations shall be given administrative sanctions in addition to the social maintenance fees levied in accordance with the above provisions, and those who are state functionaries; Other personnel shall also be given disciplinary sanctions by the unit or organization to which they belong.
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Hello, yes, the second child does not meet the policy and must be paid.
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Ethnic minorities don't have to pay it.
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My first child is a son who is now six years old, and my husband and I really want to have another one, hundreds of thousands. I'm worried. To be born or not to be born.
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Under normal circumstances, the birth of three children must pay social maintenance fees, because the provisions of the national family planning regulations are allowed to allow couples to have a second child, if the first child is born of twins, or already has two children, the two children have no special circumstances, the birth of three children is overbirth, and the social maintenance fee collection standard is consistent with the local economic development.
Do I still have to pay social maintenance fees for the first and third children?
The third child still has to pay social maintenance fees. Because the provisions of the national family planning regulations allow couples to have a second child, if the first child is twins, or there are already two children, and there are no special circumstances for the two children, the birth of three children is considered to be overbirth, and the social maintenance fee collection standard is consistent with the local economic development.
Article 3 of the Administrative Measures for the Collection and Collection of Social Maintenance Fees stipulates that citizens who give birth to children who do not meet the requirements of Article 18 of the Population and Family Planning Law shall pay social maintenance fees in accordance with the provisions of these Measures.
The collection standards for social maintenance fees for lack of socks 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 that do not comply with the provisions of laws and regulations. The specific standards for the collection of social maintenance fees are to be prescribed by the 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.
2. Consequences of non-payment of social maintenance fees
According to Article 8 of the Administrative Measures for the Collection of Social Maintenance Fees, 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 will be charged 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 9 If a party is dissatisfied with the expropriation decision, it may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law. During the period of administrative reconsideration or administrative litigation, the enforcement of the expropriation decision shall not be suspended; However, except as otherwise provided by the Administrative Reconsideration Law and the Law on Administrative Litigation and Litigation.
Citizens who do not comply with the relevant provisions of the Population and Family Planning Law and give birth to children shall bear corresponding legal responsibilities and shall pay social maintenance fees in accordance with the law, which is a statutory responsibility that they must perform and cannot be exempted.
If it is simply because of the idea of preference for sons to give birth to three children, and after the birth of the third child, they refuse to pay social maintenance fees, the final result can only be that the child is a black household, and the child's school will be affected in the future, and parents cannot be selfish to such a point when they give birth to a child.
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Legal analysis: Now that China has liberalized the three-child policy, there is no need to pay the three-child social maintenance fee. The previous social maintenance fee, also known as the fine for overbirth, and the unplanned birth fee, refers to the standard based on the fees levied on citizens who do not meet the legal conditions to give birth to children in order to regulate the use of natural resources and protect the environment, and appropriately compensate for the funds invested in public social undertakings.
Legal basis: Article 3 of the Administrative Measures for the Collection 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.
Extended information: The standard for the collection of social maintenance fees shall be calculated according to the actual total income of the husband and wife of the person who gave birth or adopted illegally, wherein: if the actual income of rural residents is lower than the per capita net income of rural residents in the previous year in the township (town), it shall be calculated based on the per capita net income of rural residents in the previous year in the township (town); Where the actual income of urban residents is lower than the per capita disposable income of the county (city, district) in the previous year, it is calculated on the basis of the per capita disposable income of urban residents in the county (city, district) in the previous year.
The specific levy standards are as follows:
1) If the conditions for having another child are met and the birth certificate is not obtained, the levy shall be 30% of the total income of the previous year;
2) Those who meet the requirements for having another child, but have not reached the prescribed age for reproduction or have another child at an early interval, shall be levied at the rate of 40% of their total income in the previous year for each year in advance, and if it is less than one year, it shall be calculated as one year;
3) Where one child is born in violation of the law, it shall be levied at twice the total income of the previous year, and for each additional child, it shall be increased by three times in turn;
4) Where children are born out of wedlock or illegally adopted, they are to be levied according to the standard of having more children in violation of the law according to the number of children;
5) Where an infant is born illegally after a false report of the death of the infant or the abandonment, sale, or mutilation of the infant or young child due to the implementation of non-medically necessary artificial termination of pregnancy, it is to be levied at twice the standard for illegally having multiple children.
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The amount of social maintenance fees for the third child should be levied with reference to the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents, and in combination with the specific circumstances of having three children, which shall be stipulated by the population and family planning regulations of each province and city.
Article 3 of the Administrative Measures for the Collection 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. Article 41 of the Regulations on Population and Family Planning of Jiangsu Province.
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Legal Analysis: Levy social maintenance fees for children born in violation of the provisions of these Regulations: (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 (city, district) in the previous year, and if the actual income of the person in the previous year is higher than the per capita disposable income of the urban residents in the local county (city, district) in the previous year, the excess shall be reduced by one time and not more than 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 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; If a child with a second child or more is born without marriage registration, a social maintenance fee of not less than three times but not more than six times shall be levied according to the calculation base provided for in item (1) of this article or item (2); 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.
Legal basis: Article 41 of the Population and Family Planning Law: 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 45 of the Population and Family Planning Law: The specific management measures for the family planning work of the floating population, the specific management measures for the management of family planning technical services and the collection and management of social maintenance fees shall be formulated by the People's Republic of China.
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Legal analysis: The social maintenance fee for the third child is about 10,000 yuan. At present, China has indeed implemented the two-child policy, so any family with three children needs to pay social maintenance fees.
For those families who do not meet the conditions for having a second child, or even if they meet the conditions, they do not have a birth permit, and they still need to pay social maintenance fees before going through the household registration procedures after the birth of the second child.
Legal basis: Article 3, paragraph 2 of the Administrative Measures for the Collection of Social Maintenance Fees for Excess Births stipulates that "the collection standards for social maintenance fees for excess children 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, and the amount of collection shall be determined in combination with the actual income level of the person who is responsible for the excavation and the circumstances of giving birth to children in accordance with the provisions of laws and regulations." The specific standards for the collection and evaluation of social maintenance fees for excess children shall be prescribed by the provinces, autonomous regions, and municipalities directly under the Central Government. ”
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Legal analysis: The standard for the collection of social maintenance fees is calculated according to the actual total income of the husband and wife of the person who gave birth or adopted illegally, wherein: if the actual income of rural residents is lower than the per capita net income of rural residents in the previous year in the township (town), it shall be calculated based on the per capita net income of rural residents in the previous year in the township (town); Where the actual income of urban residents is lower than the per capita disposable income of the county (city, district) in the previous year, it is calculated on the basis of the per capita disposable income of urban residents in the county (city, district) in the previous year.
Where a third or more child is born in violation of laws and regulations, social maintenance fees shall be levied. For each additional child, social maintenance fees are to be levied at three times the per capita disposable income of urban or rural residents in the previous year in the county (city, district) where the man's and woman's household registrations are located at the time of discovery of the violation.
Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 18 The State encourages a couple to have two children. Where the requirements provided by laws and regulations are met, arrangements may be made to arrange 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 in 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.
Decision of the Communist Party of China on Optimizing the Fertility Policy to Promote the Long-term Balanced Development of the Population" Implement the policy that a couple can have three children, cancel social maintenance fees and other restrictive measures, clean up and abolish relevant punishment provisions, and implement positive childbirth support measures in Hand Orange Prefecture.
No, not really. First, because the available land in rural areas is limited after all, a rural household actually earns very little income a year. Having a child for the second child hurts a mother a lot.
It is people's freedom to have children, as long as they comply with national policies, and if they do not comply, they will be fined. What they have is money, and they can raise as much as they want.
Now the relationship of the family is also very good, and the other daughters may be knife-mouthed tofu hearts, and it is impossible to really cut off the relationship with their parents.
In most families, they will not have three children after they have both children. The process of having a child itself is a very painful process, very troublesome, and has a great impact on a woman's physiology and psychology. >>>More
Families who are willing to have three children, and can afford to raise them, can have children, which is exactly in line with the national policy. If you don't want to have three children, don't force yourself too much. Personally, I think that the policy of having three children can be implemented, provided that the housewife is financially secure. >>>More