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Administrative Measures On Collection Of Social Maintenance Fees

Original Language Title: 社会抚养费征收管理办法

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(August 2, 2002 People's Republic of China promulgated as of September 1, 2002, promulgated by Decree No. 357) first in order to regulate the social compensation fee collection management, maintain the basic State policy of family planning, protect the legitimate rights and interests of citizens, population and the harmonious development of economy, society, resources and environment, according to the People's Republic of China on population and family planning law (hereinafter referred to as the population and family planning law), these measures are formulated.
    Article citizens ' reproductive rights in accordance with law and shall perform the obligations of family planning, reproductive behaviour shall comply with the provisions of population and family planning law.
    Local people's Governments at and above the county level people's Government family planning administrative departments should adopt comprehensive measures, services such as family planning publicity and education, contraception and regular work, so that the citizens within the administrative area of reproductive behavior in line with population and family planning law of the.
    Article does not meet the population and family planning law article 18th child citizen, shall be paid in accordance with the regulations on social care charges. Social compensation fee collection standards, respectively, in local urban residents ' per capita annual disposable income and per capita annual net income of rural residents for the levying of a reference standard, combined with the party's actual income and does not comply with the laws and regulations child plot, determine the levy amount.
    Social maintenance fee is imposed by the specific standards prescribed by the provinces, autonomous regions and municipalities directly under the.
    No unit or individual shall not violate the laws or regulations without additional charges in connection with family planning, improving the social compensation fee collection standards.
    Fourth is imposed by the social compensation fee, levied by the County family planning administrative departments to provide a written decision; the County family planning administrative departments may authorize Township (town) people or make a written decision is imposed by the subdistrict office. Fifth article not meet population and family planning method 18th article provides birth children of floating of social raised fee of levy, according to following provides handle: (a) party of birth behavior occurred in its now live to of, by now live to County Government family planning administrative sector according to now live to of levy standard made levy decided; (ii) party of birth behavior occurred in its household location of, by household location County Government family planning administrative sector according to household location of levy standard made levy decided
    And (iii) the reproductive behavior of the parties occurred, its residence or domicile County family planning administrative departments were not found, first discovered by the reproductive behavior of the County family planning administrative departments under the local standard is imposed by the decision.
    Party in a social insurance has been a maintenance fee, not arising out of the same facts again in another collection of social maintenance fees. Article sixth social maintenance fee is imposed by the decisions take effect from the date of personal service.
    Parties shall from the date of receipt of the levy decided to pay a one-off social maintenance fees within the 30th. Parties pay a one-off social maintenance fee there are real difficulties should be from the levy is received within 30th of decision made the decision on levy County family planning made in installments of a written application to the Administrative Department, and provide the relevant supporting materials.
    The County family planning administrative departments shall, from the date of receipt of a party's request made within the 30th ratification or not decisions made in installments, and notify the parties in writing.
    Collection of social maintenance fees shall be made to the parties issued by provinces, autonomous regions and municipalities printed receipt of social support of the financial sector.
    Article seventh specific collection of social maintenance fee, payment method, specified by the provinces, autonomous regions and municipalities according to the situation on the ground.
    Eighth party does not pay social maintenance fee within the prescribed period, from the date of default of payment the monthly charge late fees owed to 2 per thousand of social maintenance fees paid; still not paid, up to the levy family planning administrative departments shall apply to a people's Court for compulsory execution.
    Nineth is imposed by the party who is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Administrative reconsideration or administrative proceedings, levy decided not to stop execution, but administrative reconsideration law, except as otherwise provided in the administrative procedure law.
    Article tenth social maintenance fee and late fee should all be turned over to the State Treasury, in accordance with the provisions of the financial Department of the State Council into the local financial budget management; any unit or individual may intercept or misappropriate, corruption, privately.
    Necessary funding family planning work, financially guaranteed by the people's Governments at all levels.
    11th people's Governments above the county level family planning, finance, planning (price control), auditing and supervision departments should strengthen the social compensation fee collection and management work of supervision and inspection.
    12th party units or villagers ' Committee, urban neighborhood committees, it shall coordinate collection of social maintenance fees.
    13th in violation of provisions of laws and regulations, without additional charges in connection with family planning projects or improve the social compensation fee collection standards without authorization, in accordance with the administrative institutional fees and confiscations to two lines of income and expenditure management provides provisional regulations on administrative sanctions.
    14th interception, misappropriation, embezzlement, dividing up the community support, in accordance with the criminal law on the crime of corruption, embezzlement, crime of unauthorized partition of State property regulations, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, are directly responsible for the charge and other direct liable persons shall be given administrative sanctions of demotion, removal from Office or dismissal.
                                                                                                                            15th these measures shall come into force on September 1, 2002.