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Whoever violates the law will be held legally responsible.
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Legal Analysis: Content Violating Family Planning Policy:
1. Pregnant women who have given birth or have not gone through the birth procedures;
2. After giving birth, the so-called social maintenance fee (that is, the penalty for overbirth) should be paid as required;
3. Illegal operation of family planning staff (such as illegal induction of labor, etc.).
4. If the mother has a fixed maternity leave empty friend, if the unit does not give maternity leave, it is a violation of the policy;
5. There are policy incentives for only children, such as the unit's private deduction and interception, which is also a violation of the family planning policy.
Legal basis: Regulations on the Administration of Family Planning Technical Services Article 3 Family planning technical services shall be subject to the principle of State guidance and voluntary cooperation between individuals.
Citizens have the right to an informed choice of contraceptive methods. The State guarantees the right of citizens to obtain appropriate family planning technical services.
The state provides free contraceptive and birth control technical services to couples of childbearing age who practice family planning in rural areas, and the necessary funds are guaranteed by the local treasury, and the financial authorities provide appropriate subsidies to the difficult areas in the western region.
Population and Family Planning Law of the People's Republic of China
Article 1 This Law is enacted on the basis of the Constitution in order to achieve the coordinated development of the population and the economy, society, resources and environment, to promote family planning, to safeguard the lawful rights and interests of citizens, and to promote family happiness, national prosperity and social progress.
Article 2 China is a country with a large population, and the practice of family planning is a basic national policy of the State.
The State shall adopt comprehensive measures to regulate and control the population, improve the quality of the population, promote the realization of an appropriate fertility level, optimize the population structure, and promote the long-term balanced development of the population.
The State relies on propaganda and education, scientific and technological progress, comprehensive services, and the establishment and improvement of the incentive and social security systems to carry out population and family planning work.
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1.According to the policy, you cannot have a second child, otherwise you will have to pay social maintenance (i.e. a fine).
2.The national policy does not allow the mandatory release of rings, and no one can be fined on this ground.
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The policies of each place are different, and you should first explain your province, city, and county. This is because the National Family Planning Law clearly states that the specific measures for the birth policy shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.
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1. Pregnant women who have given birth or have not gone through the birth procedures;
2. After giving birth, the so-called social maintenance fee (that is, the penalty for overbirth) should be paid as required;
3. Illegal operation of family planning staff (such as illegal induction of labor, etc.) 4. The mother has a fixed maternity leave, if the unit does not give maternity leave, it is a violation of the policy;
5. There are policy incentives for only children, such as the unit's private deduction and interception, which is also a violation of the family planning policy.
Hello Question! What I want to ask is, after giving birth to three daughters, wanting to have another son, and sending the younger daughter to relatives to raise, is this illegal family planning? Can it be regenerated in the future?
Question: Now is the time to liberalize the three-child policy!
What other certification procedures do the adopters need to make?
The procedures to be provided are: (1) Household registration booklet and resident ID card of the adopter (if the organization is the guardian, the identity document of the person in charge shall be submitted); 2) Submit written opinions that other persons with support obligations agree to the adoption; Where social welfare establishments are adopters, they shall submit the original records of abandoned infants or children entering the social welfare establishments, a certificate issued by the public security organs to report the collection of abandoned infants or children, or a certificate of death or declaration of death of the biological parents of the orphaned child. Where the guardian is the person giving it to be adopted, a certificate of actual guardianship responsibility and a certificate of the death or declaration of death of the orphan's parents shall be submitted.
or proof that the adoptee's biological parents lack full capacity for civil conduct and are seriously harmful to the adopter. If the biological parents are adopters, they shall submit an agreement signed with the local family planning department that does not violate the provisions on family planning; Where there are special difficulties and are unable to raise children, a certificate issued by the unit, villagers' committee, or residents' committee that the adopter has special difficulties shall also be submitted. Among them, where one party is unilaterally adopted because of widowhood or where one of the spouses is missing, a certificate of the death or whereabouts of the spouse is unknown shall also be submitted; Where a child is adopted by a blood relative of the same generation within three generations, a certificate issued by the public security organ or notarized that there is a kinship relationship with the adopter shall also be submitted.
Where the adoptee is a disabled child, a certificate of the child's disability issued by a medical institution at or above the county level shall be submitted.
Question: If the judicial notary office does not handle the certificate of impartiality, which department can I go to?
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Article 18 of the Population and Family Planning Law of the People's Republic of China stipulates that the State shall stabilize the current birth policy, encourage citizens to marry later and have children later, and advocate 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.
In accordance with the above provisions, the Population and Family Planning Regulations of all provinces, municipalities and autonomous regions have formulated provisions on the circumstances and penalties for giving birth in violation of the family planning regulations, such as giving birth out of wedlock, giving birth in violation of the regulations, and giving birth to a person other than the spouse.
For details, please refer to the provincial family planning regulations.
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First of all, according to the provisions of the "Population and Family Planning Law," the practice of family planning is the basic state policy of our country, and every citizen has the obligation to comply with the implementation of the family planning policy. Secondly, Article 47 of the Regulations of Guangdong Province on Population and Family Planning stipulates that social maintenance fees shall be levied on those who give birth to children who do not comply with the provisions of these Regulations. The social maintenance fee shall be entrusted by the people's population and family planning administrative department of the county-level or prefecture-level city without districts, and the sub-district office or the agricultural and forestry farms directly under the county level or above shall make a decision on the collection, and the specific work shall be carried out by the subordinate population and family planning work institutions, and the village (resident) committee and relevant units shall assist in the implementation.
Where a party has real difficulties in paying social maintenance fees at one time, it shall submit an application for payment in installments to the unit that made the expropriation decision in accordance with regulations, and the period for payment in installments must not exceed three years. Thirdly, for those who give birth to children who do not comply with 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 where 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, 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 is not registered in accordance with law, it is to be handled in accordance with the provisions of the preceding paragraph. Therefore, in accordance with the above provisions, the husband and wife are levied separately, and the specific levy standards have been specified, and the specific levy amount is subject to the family planning department.
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