Measures for Administration of Collection of Social Maintenance Fees

(Promulgated by Decree No. 357 of the State Council of the People's Republic of China on August 2, 2002, and effective as of September 1, 2002)

  Article 1These 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 2Citizens 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 3Those 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. The provinces, autonomous regions and municipalities directly under the Central Government shall lay down their own specific standards for the collection of social maintenance fees.

  No institution or individual shall be allowed, in violation of the provisions of the laws and regulations, to presumptuously impose any additional items of charge related to family planning and raise the standards for the collection of social maintenance fees without authorization.

  Article 4The family planning administrative departments of the people's governments at the county level shall make written decisions on the collection of social maintenance fees; the family planning administrative departments of the people's governments at the county level may also authorize the people's governments of towns or townships or subdistrict offices to make written decisions on the collection.

  Article 5Social maintenance fees from the floating population, who bear children out of line with the provisions of Article 18 of the Population and Family Planning Law, shall be collected in accordance with the following rules:

  (1) If the childbearing act of the person occurs in his present place of residence, the decision on such a collection shall be made, according to the local collection standards, by the family planning administrative department of the people's government at the county level in the locality where the person has his residence at present.

  (2) If the childbearing act of the person occurs in his place of permanent residence registration, the decision on such a collection shall be made, according to the local collection standards, by the family planning administrative department of the people's government at the county level in the locality where the person has his permanent residence registration.

  (3) If the childbearing act of the person occurs and such an act is not discovered by the family planning administrative department of the people's government at the county level either in the locality where he has his residence at present or the locality where he has his permanent residence registration, then the decision on such a collection shall be made later on, according to the local collection standards, by the family planning administrative department of the people's government at the county level that first discovers his childbearing act.

  If a social maintenance fee has been collected from the person in one place, it shall not be collected again for the same reason in another place.

  Article 6A decision on collecting a social maintenance fee shall be effective from the date of serving it on the person. The person shall pay the social maintenance fee on a lump-sum basis within 30 days from the date of receiving the decision on the collection.

  When having actual difficulties in paying the social maintenance fee on a lump-sum basis, the person shall, within 30 days from the date of receiving the decision on the collection, submit a written application of payment in installments along with the relevant evidence to the family planning administrative department of the people's government at the county level that made the aforesaid decision. The family planning administrative department of the people's government at the county level shall, within 30 days from the date of receiving the application, make a decision on whether to approve or not to approve the payment in installments and notify the person in writing.

  Upon collecting a social maintenance fee, it is required to issue to the person a receipt for the social maintenance fee, which is printed uniformly by the finance department of the people's government of a province, an autonomous region or a municipality directly under the Central Government.

  Article 7The specific methods for collecting social maintenance fees and the relevant procedures thereof shall be specified, in the light of the local actual conditions, by each province, autonomous region or municipality directly under the Central Government.

  Article 8A surcharge fine on a monthly basis at the rate of 0.2% of the unpaid social maintenance fee shall be imposed upon the person who fails to pay the social maintenance fee within the prescribed time limit from the date of his payment becoming overdue; if he still fails to pay the fee, the family planning administrative department that makes the decision on such a collection shall file an application with the people's court for compulsory enforcement according to law.

  Article 9If refusing to obey the decision on the collection, the person may apply for administrative reconsideration or bring an administrative suit according to law.

  In the course of an administrative reconsideration or administrative suit, the enforcement of the decision on the collection shall not be suspended, except those otherwise prescribed by the administrative reconsideration law or the administrative procedure law.

  Article 10The social maintenance fees with relevant surcharge fines shall all be handed over to the State Treasury and integrated into the local budget administration in accordance with the rules laid down by the finance department of the State Council; no institution or individual shall withhold, misappropriate, embezzle or privately divide them.

  The necessary funds for family planning shall be guaranteed by the finance of the people's governments at various levels.

  Article 11The family planning, finance, planning (price control), auditing, supervision and other relevant departments of the people's governments at or above the county level shall strengthen their supervision and inspection of the administration of the collection of social maintenance fees.

  Article 12The units or the rural villagers' committees or urban residents' committees, that the persons belong to, shall help to accomplish well in the collection of social maintenance fees according to law.

  Article 13Those who, in violation of the provisions of laws and regulations, presumptuously impose additional items of charge related to family planning or raise the standards for the collection of social maintenance fees without authorization, shall be punished in accordance with the Interim Provisions on Administrative Sanctions against Violations of the Provisions on the Two-channel Management of the Receipts and Disbursements of Administrative Charges, Fines and Confiscation Income.

  Article 14Those who withhold, misappropriate, embezzle or divide up social maintenance fees in secret shall be investigated for their criminal liability according to the criminal law on crimes of embezzlement, crimes of misappropriation of public funds and crimes of dividing up State-owned assets in secret; in case of their violation not yet constituting a criminal punishment, an administrative sanction shall be given to the persons in charge directly responsible and other persons directly responsible by demoting them, removing them from their official posts or even expelling them from public employment according to law.

  Article 15These Measures shall be effective as of September 1, 2002.