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The fine must be required, because you are not old enough, and you must not have a marriage certificate, and if you don't have a marriage certificate, you won't have a birth permit. Generally speaking, it depends on the region, like our side of family planning, it is more strict, at least 10,000.
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It is necessary to pay social maintenance fees, and if you give birth in advance, it will be levied at 60% to 1 time, according to the "Administrative Measures for the Collection of Social Maintenance Fees" and the "Population and Family Planning Law of the People's Republic of China" promulgated by Order No. 357 of the People's Republic of China. On August 2, 2002, in accordance with the authorization of the law, the Administrative Measures for the Collection of Social Maintenance Fees were promulgated, which made further specific provisions on the collection of social maintenance fees, but only a principle was made for the standard of collection of social maintenance fees, and still no very specific provisions were made. Paragraph 2 of Article 3 of the Administrative Measures for the Collection of Social Maintenance Fees stipulates that "the collection standards for social maintenance fees 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 them, 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. ”
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What are the penalties for marrying and having children before reaching the legal age for marriage?
There is no penalty, but social maintenance is paid.
Article 48 of the "Population and Family Planning Regulations" stipulates that if a child is born in violation of the provisions of these Regulations, a social maintenance fee shall be levied on both men and women 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;
An illegitimate child is a child whose father and mother are not related to each other during conception or at birth. There is a distinction because of the difference in the degree of legal protection afforded to children born out of wedlock.
Relevant provisions. 1.Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:
1) Suffering from incurable infectious diseases or other serious diseases, and children are not suitable to live with them;
2) The father has not fulfilled the obligation to support the child if he has the conditions to support him, and the father requires the child to live with him.
3) The child is unable to live with the mother due to other reasons.
2.For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:
1) Have undergone sterilization or have lost their fertility due to other reasons;
2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;
3) There are no other children, and the other party has other children;
4) The conditions for the father and the mother to raise the child are basically the same, both parties require the child to live with the child, but the child has lived alone with the grandparents for many years, and the grandparents have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the parents.
5) On the premise that it is conducive to protecting the interests of the children, if the parents agree to take turns raising the children, it may be permitted.
3.Where both parents agree to live with the father under the age of two and there is no adverse impact on the healthy growth of the child, it may be permitted.
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It is not called a fine, the formal term is social maintenance fees, and giving birth to a child before the age is a violation of family planning regulations, and social maintenance fees must be paid, but compared with overbirth, the cost will be much lower. The amount of excess children is generally 3 6 times the local annual per capita income, while children born out of wedlock and children born under the legal age generally pay 50% of the local annual per capita income, of course, the regulations vary slightly from place to place.
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If the first child is born without completing the marriage registration formalities, it will 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.
Where children are born in accordance with the provisions of these Regulations, where 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. [Summary].
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If the first child is born without completing 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.
Where children are born in accordance with the provisions of these Regulations, where 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.
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If you are not old enough to have a child, you will not be fined, and the law of our country has deleted the collection of social maintenance fees on their parties. In accordance with relevant laws and regulations, social maintenance fees and other restrictive measures will be abolished. Abolish social maintenance fees, clean up and abolish the provisions on the punishment of mutual respect and respect.
[Legal basis].Article 3 of the Decision of the Communist Party of China ***** on Optimizing the Birth Policy and Promoting the Long-term Balanced Development of the Population.
8. Paragraph 9 implements the three-child policy in accordance with the law. The "Population and Family Planning Law of the People's Republic of China" was amended to promote age-appropriate marriage and childbearing, eugenics, and the implementation of the three-child policy. All provinces (autonomous regions and municipalities directly under the Central Government) are to comprehensively consider the population development situation, work foundation, and policy implementation risks in their respective regions, do a good job of policy convergence, and organize their implementation in accordance with law.
Restrictions such as social maintenance fees have been abolished. Abolish social maintenance fees, clean up and abolish relevant penalty provisions. Household registration, school enrollment, and employment will be fully decoupled from personal fertility status.
Properly handle questions left over from history in accordance with laws and regulations. In areas where the contradictions between population development and the economy, society, resources, and environment are more prominent, strengthen publicity and advocacy, promote the effective connection between relevant policies benefiting the people and fertility policies, and accurately do a good job in various management services.
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Legal analysis: According to the laws and regulations of the current family planning policy, if you do not reach the legal age of marriage, you need to pay a certain amount of social maintenance fees (i.e., fines). The levy is different in each region, but it is all unmarried, and this is the first child, and the fine will not be much.
Legal basis: Article 41 of the Population and Family Planning Law 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. 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.
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Legal Analysis: The minimum age for marriage for male citizens is 22 years old, and if they give birth before the legal age of marriage, both parties shall pay a fine of two to four times the annual income of the local residents. If both parties have reached the legal age of marriage and give birth, but have not gone through the marriage formalities, they will also have to pay a fine, which will be much lower, roughly around 0.5% of the annual income.
Legal basis: "Regulations on Population and Family Planning" Article 48 Where a child is born in violation of the provisions of these Regulations, a social maintenance fee shall be levied on both men and women 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 is more than two children, it shall be levied at double the levy standard of the previous child; (3) if the conditions for reproduction are met but the child is not approved, it shall be levied at 0.5 times to 1 time; (4) If the first child has been born for six months after the legal age of marriage has been completed and the marriage registration has not been completed, and the marriage registration has not been completed, it shall be levied at 0.5 times to 1 time; (5) If the child has not yet reached the legal age of marriage, it shall be levied at 1.5 times to 2.5 times.
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Legal analysis: There is no penalty, but social maintenance fees must be paid. 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 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.
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.
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If the woman has reached the legal age of marriage and the man has not yet arrived, it does not constitute a "condition for marriage" as stipulated in the Marriage Law. If the marriage is invalid, it does not constitute a marriage relationship, and it cannot go to the Ministry of Civil Affairs to register the marriage. Children born out of wedlock are not necessarily fined, depending on the local administrative situation and the amount of administrative penalties, and there is no uniform regulation in the country.
There may be no penalty or a fine. What are the penalties for getting married and having children under the legal age? The first thing you need to affirm is that you have violated the Population and Family Planning Regulations of your province.
Since you didn't specify which province you are from in your further question, I can't give you a detailed answer, so I will list the basis for punishment in the "Population and Family Planning Regulations" of five provinces. The one-child birth certificate is applied for after the marriage certificate is obtained in accordance with the law, and if the age is not enough, the child cannot be legally born. Although there are few restrictions on the first child in China's provinces, it does not mean that there is no basis for punishment.
1. Article 44 of the Regulations on Population and Family Planning of Shandong Province stipulates that for those who meet the legal requirements for marriage but give birth to their first child without marriage registration, they shall make up the marriage registration within 60 days from the date of birth; If it is not reissued within the time limit, the social maintenance fee shall be levied at one-half of the base amount specified in Article 42. For those who do not meet the legal requirements for marriage and give birth to their first child, social maintenance fees shall be levied in accordance with the base amount provided for in Article 42, and the birth of a second child shall not be approved. 2. The second paragraph of Article 42 of the "Sichuan Provincial Population and Family Planning Regulations" stipulates that if 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. Paragraph 4 of Article 46 of the Regulations of Hebei Province on Population and Family Planning stipulates that if the first child is born before reaching the legal age of marriage, it shall be levied according to the levy standard for the second child specified in item (1) of this article; 4. Paragraph 1 of Article 47 of the "Anhui Provincial Population and Family Planning Regulations" stipulates that if the first child is born without obtaining the relationship between husband and wife in accordance with the law, a social maintenance fee of between 2,000 yuan and 5,000 yuan shall be levied; 5. The fourth paragraph of Article 48 of the "Zhejiang Provincial Population and Family Planning Regulations" stipulates that if the first child has not been registered for six months after reaching the legal age of marriage and has not yet completed the marriage registration, the levy shall be levied at 0.5 times to 1 time; It is levied at the rate of 1.5 times to 2.5 times.
Article 7 of the Regulations of the People's Republic of China on Household Registration Article 7 Within one month after the birth of a child, the head of the household, relatives, guardians or neighbors shall report the birth registration to the household registration authority of the child's habitual residence. For abandoned infants, the adopter or the child-rearing authority shall report the birth registration to the household registration authority.
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