Advanced Search

Administrative Measures On Collection Of Social Maintenance Fees In Jiangxi Province

Original Language Title: 江西省社会抚养费征收管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Health No. 127 of 16 December 2003)

In order to regulate the management of social dependency charges, to maintain the basic national policy on family planning, to protect the legitimate rights and interests of citizens, to achieve coordinated population and economic, social, resource and environmental development, and to develop this approach in accordance with the provisions of the People's Republic of China Act on Population and Family Planning (hereinafter referred to as the Population and Family Planning Act), the Department of State's Social Maintenance Cost Management Approach and the Southern Province Population and Family Planning Regulations (hereinafter referred to as the Regulations).
Article 2. The right of citizens to be born in accordance with the law, and the obligation to family planning should be fulfilled in accordance with the provisions of the Population and Family Planning Act and the Regulations.
Article 3 does not comply with the provisions of the Population and Family Planning Act and the Regulations stipulate that a citizen of a child (hereinafter referred to as a child outside the plan) shall pay a social support fee in accordance with the law.
Article IV is responsible for the management of social support charges in the current administration.
The district-level Government's Family Planning Administration is responsible for the specific collection of social support costs within the current administration.
Article 5 Social dependency of the urban population is subject to a standard for each of the year's residents (markets, districts) who are born out of the party's plans to make a child born outside the district (communes, districts) by the statistic branch of the commune, where the income is available for each year without the annual income statistics of the inhabitants of the town, which can be used to cover the per capita income for each year of the population of the area, and the actual income of the parties may be disposed of above the income per capita for the previous year.
The social dependency rate for rural residents is based on a per capita income for the year before the birth of a child born out of the party's plan published by the district-level people's statistical offices (communes, districts) in rural areas; the actual income of the parties is higher than the per capita income of the previous year for the rural population, which is based on actual income.
The parties can actually dispose of income and actually earn a purely income, which is verified by the district-level people's Government's family planning administration; the district-level people's Government's family planning administration can entrust the commune government or the street office to verify.
Article 6 Plans for a child born out of one child and, in different cases, social dependency payments are charged to both parties in accordance with the following criteria:
(i) Incompatible with the conditions set out in article 9, paragraph 1, of the Regulations, the application of a base of 3.5 times as set out in this approach;
(ii) In accordance with the conditions set out in article 9, paragraph 1, of the Regulations, but no application has been made for the acquisition of a reborn birth certificate, which is 10% of the first set of criteria;
(iii) In line with the conditions set out in article 9, paragraph 1, of the Regulations, but, in practice, after screening of sex-selective abortions for non-medical needs, re-exploitation of pregnancy as set out in paragraph 1;
(iv) The parties have no spouse, either party or the parties have not attained the first creativity of the marriage-time pregnancy, which is imposed by 50 per cent of the first set of criteria;
(v) The parties have no spouse and the parties have reached the statutory age of marriage, but the first bonus of pregnancy in the absence of a marriage registration process is charged by 30 per cent of the first set of criteria;
(vi) Remarried births, spousals and first-borns with others, which are charged for seven times as prescribed by this approach.
Article 7, paragraph 2, of the Regulations, does not meet the second-size births set out in article 9, paragraph 2, of the Regulations and collects social support payments to the parties in accordance with the following criteria:
(i) The age of maternity is not attained by 25 years and is charged by 50 per cent of the criteria set out in article 6, paragraph 1, of this scheme;
(ii) The age of maternity is 25-28 years, according to the following criteria, according to different circumstances:
The interval period is less than 1 year and is charged by 40 per cent of the criteria set out in article 6, paragraph 1, of this approach;
The period between 1st anniversary and 2nd anniversary was collected by 30 per cent of the criteria set out in article 6, paragraph 1, of this approach;
The two-year interval period, with no less than three years, was collected by 20 per cent of the criteria set out in article 6, paragraph 1, of this approach;
The period of interval between the three-year and the fourth anniversary was collected by 10 per cent of the criteria set out in article 6, paragraph 1.
(iii) More than 28 years of age, according to the following criteria:
The interval period is less than 1 year, which is based on 30 per cent of the criteria set out in article 6, paragraph 1, of this approach;
The interval period reached the first anniversary, with no two years, and was charged by 10 per cent of the criteria set out in article 6, paragraph 1.
Article 8 plans for more than two children born outside of the child and, in different circumstances, from the start of the secondborn to collect social support payments to the parties in accordance with the criteria set out in article 6, paragraph 1 or 6, of this approach.
Article 9 imposes social dependency on the illegal adoptor for the purpose of providing assistance to others in the planning of the child, as provided for in article 6, paragraph 1, of this approach, by 50 per cent of the social dependency payments for the parties who plan outside the plan, in accordance with the specific circumstances in which the child is born.
Article 10 is a party to a child who is planning to be born outside of the family, and the other is a rural resident, with social support payments based on their respective standards.
Article 11. The three-month report of the planned child outside of the country's commune (communes) or the street office is reported by the Government of the people of the local communes (communes) or by the authorities of the plan to conceal out-of-planned childbirth and to collect social dependency payments by 10 per cent of the amount due.
The Village (HL) National Commission should urge the parties to report on their planned expatriation in a timely manner and to pay social support under the law; the parties conceal the non-statement, and the Village (NL) Commission should take the initiative to report to the commune (commune) people's government or street offices.
No unit or individual may violate the provisions of laws, regulations, regulations and regulations, unauthorized increases or reduce social dependency charges.
Article 13. Social dependency charges are charged by a written decision taken by the district-level Government's family planning administration; the district-level Government's family planning administration can entrust the commune (communes) Government or the street offices with written decisions. The decision should be taken in order to highlight the seals of the district-level Government's family planning administration.
The fact, rationale, basis and collection of decisions by the parties should be communicated to the authorities before a written decision was taken by the PAPU or its commune (communes), the People's Government, the Street Office (hereinafter referred to as the organ). The parties have the right to make statements and raise the defence.
Article 14. Removal of children outside the population plan is governed by article 5 of the State Department's Social Maintenance Adjustment Scheme.
In the event of a dispute over jurisdiction, the territorial Government of the disputed High-level People's Government has established jurisdiction.
Article 15. The decision to collect social support costs came into force for the parties. The parties shall pay a social support fee to the levying body within 30 days of receipt of the decision.
Article 16 provides for a one-time payment of social support costs and shall, within 30 days of the date of receipt of the decision, make written requests for payment to the district-level Government's family planning administration through its communes (communes) or street offices, through the Government of the People's Government where decisions are taken, and provide the following material:
(i) The actual income situation and the performance of the capacity certificate from the unit or the village (resident);
(ii) Specific plans for the instalment;
(iii) Other relevant materials.
Article 17 communes (communes) or street offices should verify the relevant evidence provided by the parties within 20 days of receipt of the instalment of the parties and the related supporting material, and provide inputs to the Government's family planning administration.
The executive branch of the commune government shall, on 10 days of receipt of the advance material from the commune (commune) people's Government or the street offices, approve or approve the decision of the sub-mission and inform the parties and the party's communes (communes) the Government or the street office of the people; approve the payment of the sub-missions, the commune or the street office of the People's Government shall notify the parties of the names of the village (resident) committees to receive public scrutiny.
The district-level Government's family planning administration should, in accordance with the different circumstances of the parties, specify the duration, amount, etc. of the award made for the instalment. The duration of the instalment shall not exceed three years, and the amount paid for the first time shall not be less than 30 per cent of the total amount paid for social support.
Article 19 imposes social dependency fees on institutions and should be made available to the parties for social dependency payments that have been compiled by the Ministry of Finance.
The agencies should establish social support payments to distributors.
Article 20 does not pay social dependency payments in full within the prescribed time period, and the organ shall be responsible for the payment of its duration and receive a lag of 2 per 1,000 per 1,000 per month from the date of the surrender; remains unpaid; and the decision-making administration of family planning shall apply to the enforcement of the People's Court by law.
Article 21, 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 22 provides for social dependency and lags charged by the organ in accordance with the law shall be fully donated within three working days and shall incorporate into the management of the district-level financial budget in accordance with the provisions of the Department of State's Treasury; any unit and individual shall not be permitted, misappropriation, corruption and private subordination in any form.
The Government's financial sector should provide social support payments to the same-level family planning administration every quarter.
The necessary funding for family planning is secured by the Government at all levels.
Article 23 states that are more than one of the population's financial, price, audit, inspection, etc., should strengthen the supervision, inspection, in accordance with their respective responsibilities, of the management of social dependency charges.
Article 24 of the party's unit, the Village (HL) National Commission shall cooperate with the institution in charge of social dependency.
Article 25, in violation of the provisions of the law, provides for the establishment of additional charges related to family planning, the improvement or reduction of social dependency charges, and is dealt with in accordance with the provisional provision for administrative disposal in violation of administrative charges and the payment of royalties.
Article 26 interceptions, misappropriation, corruption, private sub-social dependency charges, criminal liability under the criminal law provisions on offences of corruption, misappropriation of public funds, offences of private sub-State assets, and inadequate criminal punishment, and administrative disposition of persons directly responsible and other persons directly responsible is granted by law.
Article 27 imposes on the staff of the organ the abuse of their duties, toys negligence, to favour private fraud, to be administratively disposed of by their units or by the competent authorities at the superior level; and to hold criminal responsibility in accordance with the law.
The twenty-eighth approach was implemented effective 1 February 2004.