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Social maintenance fee refers to the fee 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. Social maintenance fees are administrative fees, which are compensatory and mandatory. On August 2, 2002, Decree No. 357 promulgated the Administrative Measures for the Collection of Social Maintenance Fees, which provided for the collection of social maintenance fees.
On December 4, 2013, the Guangdong Provincial Health and Family Planning Commission announced that the amount of social maintenance fees collected in Guangdong Province in 2012 was 100 million yuan. So far, 24 provinces have disclosed the amount of social maintenance fees collected in 2012, totaling nearly 20 billion yuan. [1][2] The annual collection of social maintenance fees was disclosed to the public, and the result was that the amount of social maintenance fees varied greatly from place to place.
Among them, the "champion" Jiangxi Province is as high as 100 million yuan, and the last place Qinghai is only 10,000 yuan.
The state is also formulating plans to gradually carry out the social maintenance fee and make it public.
In August 2017, Beijing decided to revise the "Beijing Municipal Administrative Measures for the Collection of Social Maintenance Fees", and in terms of social maintenance fees for superborn children, couples who do not meet the requirements to have a third or more children will be levied at 1 to 3 times the prescribed base amount for each additional child.
Since the official implementation of the "two-child policy", 30 provinces across the country have revised their family planning regulations, and more than 20 provinces have clarified the collection standards for social maintenance fees.
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In Shaanxi, the social maintenance fee is 300 per month.
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Hello, there is no unified standard for social support fees, there are local standards in various places, and each family has its own family standard.
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Hello friends, the collection standard of social maintenance fees is based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents as the reference basic 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 shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.
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Legal Analysis: Based on the nature, circumstances, and income evidence of illegal births or adoptions, the following standards for the collection of social maintenance fees are determined:
1. If the child meets the conditions for giving birth to another child and does not obtain a birth certificate, it will be levied at 30% of the total income of the previous year. After the collection of social maintenance fees, the birth certificate will be reissued.
2. If the legal conditions for marriage are met, but the child has not applied for a marriage certificate, it shall be levied at twice the total income of the previous year.
3 If the first child is born under the legal age of marriage, it shall be levied at three times the total income of the previous year.
4. If they meet the legal requirements for adopting a child but have not applied for an adoption certificate, they shall be mobilized to apply for an adoption certificate in accordance with the law, and if they refuse to do so, they shall be levied at twice the total income of the previous year.
5 If the child is adopted without meeting the legal requirements for child adoption, it shall be levied at three times the total income of the previous year.
6. If one child is born in violation of the law, it shall be levied at two to three times the total income of the previous year. Those who have the following serious circumstances and illegally give birth to one more child shall be levied at a higher multiple:
1) If the actual income is significantly higher than the local per capita income, but the specific income cannot be verified, it shall be levied at four to six times the per capita income;
2) If the illegal multi-child birth is not reported in a timely manner, and it exceeds one year, it shall be levied at three to four times the total income; Among them, if they have not taken the initiative to report for more than three years or have been verified by reporting, they shall be levied at 5 to 6 times the total income;
3) After the land of the villagers' committee is included in the land acquisition plan, if there are more children in violation of the law, it will be expropriated according to four to six times the total income;
4) Where property is concealed or transferred before or after illegal childbirth, it shall be levied at four to six times the total income;
5) Refusal to pay a deposit for termination of pregnancy, and refusal to terminate pregnancy resulting in illegal childbirth, shall be levied at four to six times the total income;
6) If a child is born in bigamy or with a person other than the spouse, it shall be levied at six to eight times;
7) Where there are other serious circumstances in the case of illegally giving birth to one more child, the multiple of levy shall be determined within the standard of two to six times.
The people at the county level may, in light of local conditions, formulate specific standards for the collection of social maintenance fees in accordance with the above provisions.
7. Where a person illegally gives birth to an additional child or illegally adopts a child, and then continues to illegally give birth to more children or adopt another child, the levy shall be increased by three times the levy standard for each additional child born or adopted in violation of the law.
Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 49 The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual local standard of living.
For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more child support expenses are paid, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.
If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.
Where there are special circumstances, the above proportion may be appropriately increased or decreased.
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Child support includes expenses such as children's living expenses, education expenses, medical expenses, etc. It can be determined according to the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.
Legal basis: Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts (VII): The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards in the locality.
For those who have a regular income, the child support allowance can generally be paid at a rate of 20% to 30% of the total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.
If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.
If there is a special situation, the above proportion can be appropriately increased or decreased.
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Legal analysis: There is no uniform regulation on how much social chain support is, and the standards vary from place to place. Generally based on household registration and income, if an urban resident gives birth to his or her first child out of wedlock, a one-time social maintenance fee of twice shall be levied on the basis of the per capita disposable income of urban residents in the local county (city, district) in the previous year; Where a rural resident gives birth to his or her first child out of wedlock, a one-time social maintenance fee of twice shall be levied on the basis of the per capita net income of the local township, ethnic township, or town farmer in the previous year.
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 meet the requirements 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.
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Legal analysis: The standard for the collection of social maintenance fees is 2-3 times the total income of the local area in the previous year, but if the actual income of the family with excess children is significantly higher than the local per capita income; **In the absence of verification of the specific income, the department can levy social maintenance fees according to 4-6 times the per capita income of the family, which means that the standard of social maintenance fees is different across the country.
Legal basis: Article 3 of the Administrative Measures for the Collection of Social Maintenance Fees stipulates that citizens who give birth to children who do not meet 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 standard for the collection of social maintenance fees is based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural fiber shop residents. The amount of levy is to be determined in consideration of 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.
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.
Measures for the Administration of the Collection of Social Maintenance Fees". >>>More
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
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
A: The answer, of course, is no. Social maintenance fees, the so-called "over-birth fines". >>>More