Measures for Administration of Collection of Social Maintenance Fees
Measures for Administration of Collection of Social Maintenance Fees
Measures for Administration of Collection of Social Maintenance Fees
Order of the State Council [2002] No. 357
August 2, 2002
The Measures for Administration of Collection of Social Maintenance Fees is released hereby and shall take effect as of September 1, 2002.
Premier of the State Council Zhu Rongji
Appendix: Measures for Administration of Collection of Social Maintenance Fees
Article 1 These Measures are formulated in accordance with the Population and Family Planning Law of the People's Republic of China (hereinafter referred to as the Population and Family Planning Law), for the purpose of regularizing the administration of the collection of social maintenance fees, upholding the fundamental national policy on family planning, protecting the legitimate rights and interests of citizens and achieving a coordinated development between population on the one side and the economy, society, resources and environment on the other.
Article 2 Citizens have the right to childbearing according to law and shall also perform the obligation to practice family planning in conformity with law, with their childbearing acts in line with the provisions of the Population and Family Planning Law.
The local people's governments at various levels and the family planning administrative departments of the people's governments at or above the county level shall adopt integrated measures to accomplish well in regular publicity and education and contraceptive services, etc. for family planning, so as to ensure that the childbearing acts of the citizens in their respective administrative areas shall conform with the provisions of the Population and Family Planning Law.
Article 3 Those citizens who bear children out of line with the provisions of Article 18 of the Population and Family Planning Law shall pay social maintenance fees according to the provisions of these Measures.
The standards for the collection of social maintenance fees shall mainly be based upon the reference standard of the urban residents' annual per capita disposable income and the rural residents' annual per capita net income in their respective localities, and the collection amounts shall be determined in the light of actual income levels of the persons and their specific circumstances for having children out of line with the provisions of the relevant laws and regulations.
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