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If the third child is born in excess of the law, it shall be levied at two to six times the total income of the previous year, of which the bigamy or the birth of a child with someone other than the spouse shall be levied at six to eight times; For each additional child, the levy shall be increased by three times in turn. The specific amount of payment shall be implemented according to the following:
If a child is born in violation of the law, the county-level people's population and family planning administrative department or the township (town) people's ** and sub-district offices entrusted by it shall levy social maintenance fees on the child in accordance with the following provisions:
1) If the conditions for giving birth to another child are met and the birth certificate is not obtained, the tax shall 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) Where one child is born in violation of the law, it shall be levied at two to six times the total income of the previous year, and if the child is born in bigamy or with a person other than the spouse, it shall be levied at six to eight times; For each additional child, the levy shall be increased by three times in turn.
The total income referred to in this article is calculated on the basis of the actual income of both parties to the illegal birth or the illegal adopter. If the county-level people's population and family planning administrative departments need the assistance of relevant departments such as taxation, public security, statistics, labor security, real estate, and other relevant departments to investigate the actual income of illegal births or illegal adopters, the relevant departments shall provide assistance. Where the actual income of rural residents is lower than the per capita net income of rural residents in their own township (town) in the previous year, and the actual income of urban residents is lower than the per capita disposable income of their city or county in the previous year, rural residents shall be calculated on the basis of the per capita net income of rural residents in their own township (town) in the previous year, and urban residents shall be calculated on the basis of the per capita disposable income of urban residents in the city or county in the previous year.
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What province, city, or county are you from? Is it a rural hukou or an urban hukou? According to the regulations of this province, how many children should a husband and wife legally have?
What year was the child born? Wait until you add these questions.
I will tell you the correct answer, how much should the husband and wife pay social support
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Legal analysis: At present, China has opened the three-child policy. There is no longer a fine for the third child. The Political Bureau of the Communist Party of China held a meeting on May 31, and the meeting pointed out that the birth policy should be further optimized, and the policy that a couple can have three children and supporting measures should be implemented.
Legal basis: Article 18 of the Population and Family Planning Law of the People's Republic of China 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 between 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.
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In 2021, the country has opened up the three-child policy, so as long as there are no more than 3 children, no fines will be made, and from 2021, no fines will be imposed for three children.
But before 2021, there should still be fines.
The standard for the collection of social maintenance fees is calculated on the basis of the actual total income of the husband and wife of the person who gave birth or adopted the child in violation of the law, 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 is calculated on the basis of the per capita net income of rural residents and residents in the township (town) in the previous year; 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 shall be calculated on the basis of the per capita disposable income of urban residents in the county (city, district) in the previous year.
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Legal Analysis:1Where 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 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 number of children born in excess of the child is to be used as the base, and the social maintenance fee is 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 between three and six times the amount of the local township farmer's per capita net income in the previous year, and their actual annual net income is higher than the local township farmer's per capita net income 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; 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 to be levied in accordance with the calculation of the number of brothers in subparagraphs (1) or (2) of this article.
Legal basis: Population and Family Planning Law of the People's Republic of China
Article 9 Prepare a population development plan and incorporate it into the national economic and social development plan.
Local people at or above the county level shall prepare population development plans for their respective administrative regions in accordance with the national population development plan and the population development plan of the people at the next higher level of Muhuai, and incorporate them into the national economic and social development plan.
Article 10 The people at or above the county level shall, in accordance with the population development plan, formulate population and family planning implementation plans and organize their implementation.
The people's family planning administrative departments at or above the county level are responsible for the day-to-day work of implementing the population and family planning implementation plan.
The people's offices of townships, ethnic townships, and towns and urban sub-districts are responsible for population and family planning work within their respective jurisdictions, and implement the population and family planning implementation plans.
Article 18: The State encourages a couple to have two children.
Article 23 The State shall give incentives to couples who practice family planning in accordance with regulations.
Article 24 The State shall establish and improve social security systems such as basic old-age insurance, basic medical insurance, maternity insurance, and social welfare, and promote family planning.
The State encourages insurance companies to organize insurance programs that are conducive to family planning.
Localities with conditions can implement various forms of old-age security measures in rural areas according to the principle of first-class guidance and farmers' voluntariness.
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Legal analysis: The fines for overgiving birth to three children are as follows:
Those who illegally give birth to one more child 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 child is not reported in a timely manner, and it is more than 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 at 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 the deposit for termination of pregnancy, and refusal to terminate the 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) If 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 2 to 6 times.
Legal basis: Article 41 of the Population and Family Planning Law of the People's Republic of China Citizens who give birth to children who do not comply 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.
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At present, it is still a violation of family planning regulations to have three children. However, if it is a resident family that meets the following conditions, it is possible to legally give birth to three children, and no fine will be imposed.
The fines for giving birth to three children are as follows:
If a rural resident has more than three children, 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.
If the conditions for having another child are met, but if the interval between the first child and the third child is not reached (the interval between the first child and the third child is less than 4 years) or the age of reproduction (the woman is less than 28 years old), the fee will be levied at the rate of 40% of the total income of the husband and wife in the previous year for each year in advance, and the fee will be calculated as one year if it is less than one year.
If the child meets the requirements for having another child but does not obtain a birth certificate, it shall be levied at 30% of the total income of the previous year.
Where a child is illegally born after a false report of the death of the infant or the abandonment, sale, or mutilation of the infant due to non-medical necessity, it is to be levied at twice the standard for illegally having multiple children.
1. Fines for over-giving birth to three children in rural areas.
1) Where an urban resident gives birth to more than one child, the husband and wife shall be respectively based on the per capita disposable income of urban residents (permanent residents) in the previous year in the local county (city, district) or prefecture-level city without districts, and a social maintenance fee of between three and six times shall be levied on the basis of the per capita disposable income of urban residents (permanent residents) in the previous year in the local county (city, district), and 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 levied a one-time social maintenance fee of between three and six times on the basis of the per capita disposable income of rural residents (permanent residents) in the local county (city, district) or prefecture-level city without districts, and where their actual annual income is higher than the per capita disposable income of the local rural residents (permanent residents) 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) Giving birth to a first-child child without marriage registration, and ordering a make-up marriage registration; If a child gives birth to a second child without marriage registration, twice the social maintenance fee shall be levied according to the calculation base provided for in item (1) or (2) of this article; Where a child with a third 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 items (1) or (2) of this article;
4) Where a spouse has a child with another person, social maintenance fees of between six and nine times shall be levied on the basis of the calculation base provided for in subparagraphs (1) or (2) of this Article.
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Fines for the third child: (1) Where an urban resident gives birth to an additional 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 based on the 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 according to the amount of between one and two times the excess amount; 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; 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.
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Fines for the third child: (1) Where an urban resident gives birth to an additional 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 based on the 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 according to the amount of between one and two times the excess amount; 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; 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.
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