Advanced Search

Implementation Measures For The Social Compensation Fee Collection And Management In Sichuan Province

Original Language Title: 四川省社会抚养费征收管理实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Health No. 170 of the Government of the Sichuan Province, 22 March 2003)

Article 1, in order to regulate the management of social dependency payments, preserve the basic national policy on family planning and protect the legitimate rights and interests of citizens, develop this approach in accordance with the provisions of relevant legislation such as the State Department's Social Maintenance Fellow Management Scheme, the Population and Family Planning Regulations.
The collection and management of social support charges in the administrative areas of Article 4 Sichuan province must be respected.
Article 3 is one of the following cases for citizens and shall pay social support under the law:
(i) It is not in accordance with the provisions of the Population and Family Planning Regulations of the Sichuan Province, which provide for the provision of maternity children.
(ii) The adoption of a child of another person has not been justified by law for a period of six months.
(iii) The acquisition of a child certificate by reason of reason.
Article IV Social support costs are determined by the Principality Government within the range set out in the Population and Family Planning Regulations of the Sichuan Province. No unit or person shall be exempt from the addition of charges related to family planning in violation of the provisions of the law, regulations and regulations and shall not be exempted from social dependency.
Article 5 Social dependency charges are charged by a written decision by the district-level Government's family planning administration; the district-level Government's family planning administration can entrust the communes (communes) to make written decisions.
Article 6 shall pay for social support to the people who are mobile, according to the following provisions:
(i) The child behaviour of the party takes place in its present place of residence and is determined by the Government's family planning administration at the current place of residence in accordance with the criteria for the collection of residence.
(ii) The child behaviour of the parties occurred at the location of their families, and the family planning administration, at the district level of the household, was determined by the household planning administration in accordance with the standards of the location of the household.
(iii) When a child is committed by the parties, the Government's family planning administration of the current place of residence or at the district level where the family planning administration is not found, and thereafter, the Government's family planning administration, which first finds its maternity behaviour, has taken a decision based on local standards.
The parties have been charged with social dependency charges in one place, and in another they are not charged with social support for the same fact.
Article 7. The parties should pay a social dependency fee within 30 days of receipt of the decision.
The party's one-time payment of social support has practical difficulties and should provide, within 30 days from the date of receipt of the decision, written requests for payment by the commune (communes), the street office or the Government's family planning administration directly to the decision-making, with specific payment plans, as well as proof of its ability to fulfil. The district-level Government's family planning administration shall, within 30 days of the date of submission of the application by the parties, verify the relevant situation and make a decision not to approve or approve the payment of the instalment. The deadline for the payment of instalments is not more than three years, as approved.
Article 8. The parties have not paid social support payments within the prescribed time period and have received a lag of up to 2 per kilometres of social support from the date of the surrender; they are still unpaid; and the executive branch of the family planning that has taken a decision is required by law to enforce the People's Court.
Article 9 takes the following or several ways to collect social support:
(i) Conducted by the district-level government administration for family planning.
(ii) Conducted by the commune (commune) people's Government or by street offices.
(iii) Payment by the parties directly to the designated financial institutions.
(iv) Payment by the party's unit.
In accordance with local realities, the Government of the People at the district level provides for a specific payment.
Article 10. The unit of the party, the Village People's Commission, the Residential Commission and the associated management, and the user units shall cooperate in the collection of social support payments in accordance with the law.
Article 11 collects social dependency and laga payments, which must be made available to the parties to receive a dedicated collection that has been compiled by the Ministry of Finance.
Article 12. The parties may apply for administrative review or administrative proceedings in accordance with the law.
During administrative review or administrative proceedings, decisions are not discontinued; however, the administrative review laws and administrative proceedings are provided for otherwise.
Article 13 Social support charges are included in the management of the district-level financial budget, with full income being paid to the district treasury. The Government's family planning administration, which organizes social support payments, shall be paid directly to the district treasury.
Where bank receipt management has been implemented, it is implemented in accordance with the relevant provisions of the bank.
Article 14. Social support costs incurred are supplemented by specific funding for population and family planning incentives, and incentives for both spouses to benefit from single-child parents in rural areas or in towns. Of these, 20 per cent are integrated in the city (State) to supplement the special funding for the population and family planning incentives in advanced districts (communes, districts) for family planning efforts; 80 per cent are earmarked for population and family planning incentives in the district (markets, districts).
The cost of work required for social support is included in the annual consolidated budget for the district-level family planning administration, which is approved by the same level of finance.
Article 15. The Government of the People's Government, the street offices should report on the collection of social support payments to the district-level Government's family planning administration on a quarterly basis; the units entrusted with social dependency payments should be informed by the authorities within 3 days of receipt of social dependency payments; financial institutions that receive social support payments should be informed by the district-level Government of the collection of social support payments to the executive branch.
The district-level Government of the People's Government for Family Planning or the commune (communes) Government, the street offices should establish sub-household accounts by the target.
Article 16 communes (communes) Governments and street offices should regularly disclose the collection of social support payments within the Territory to the public and receive public scrutiny.
Article 17
One of the following acts is handled by the financial sector, the audit body or other relevant departments in accordance with the relevant provisions of the State and the province:
(i) Expand the scope of social support costs.
(ii) No specific receipts for the use of the financial sector are uniformed.
(iii) Transfers, concealments and coordinates social support costs.
One of the following acts is the correction of the executive order of family planning at the district level by the Government of the above-mentioned people and the administrative disposition by the parent authorities or the administrative inspectorate of the responsible supervisor and other direct responsibilities under the law:
(i) Increase or reduce the amount of social dependency.
(ii) The intentional abandonment of regulation has resulted in a violation of the provisions of the law.
(iii) Fering, transforming and transferring specialized receipts for social support.
The actions set out in paragraph 1 (b) of this article are collected by the superior authority in accordance with two times the social dependency rate charged.
Article 20, in violation of the provisions of the law, provides for additional charges relating to family planning or for the improvement of social dependency charges, to be addressed in accordance with the provisional regulations on administrative disposition in violation of administrative charges and forfeiture of income and expenditure.
Article 21, interception, misappropriation, misappropriation, misappropriation of social dependency charges, criminal liability under the provisions of the Criminal Code of the People's Republic of China on the offences of corruption, misappropriation of public funds, offences against private sub-State assets, is not criminally punished, and administrative disposition of persons directly responsible is given by law to the competent and other direct responsible persons.
Article 2 provides recognition and incentives to units and individuals that make significant achievements in the collection and management of social support costs.
Article 23 of this implementation scheme, which came into force on 1 June 2003, was repealed at the same time by the Government of the people of the Sichuan Province on 5 May 1995.