1. Regulations of Sichuan Province on Population and Family Planning

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Population and Family Planning Law of the People's Republic of China and the actual situation in Sichuan.

Article 2 These Regulations shall apply to state organs, social organizations, enterprises and institutions, mass autonomous organizations and citizens within the administrative region of this province, as well as citizens registered in this province and leaving the administrative region of this province.

Article 3 Family planning is the basic national policy of the country and the common responsibility of every citizen and the whole society.

Citizens have the right to have children according to law and the obligation to carry out family planning, and the legitimate rights and interests of carrying out family planning are protected by law. Both husband and wife have the same responsibility in carrying out family planning.

Local people's governments at all levels and their staff members shall strictly administer according to law and enforce the law in a civilized manner in the implementation of family planning work, and shall not infringe upon the legitimate rights and interests of citizens. Family planning administrative departments and their staff members shall be protected by law when performing official duties according to law.

Fourth family planning work, adhere to the principle of publicity and education, contraception and regular work, supplemented by necessary administrative and economic measures, and guide citizens to consciously implement family planning.

Family planning work relies on scientific and technological progress, establishes and improves the reward and social security system, and combines it with economic development to help citizens get rich through hard work, build civilized and happy families, establish a working mechanism specifically implemented by government organizations and relevant departments, and provide production, living and reproductive services for families carrying out family planning.

Article 5 Local people's governments at various levels shall lead the population and family planning work within their respective administrative areas, be responsible for implementing these Regulations, incorporate the population plan into the local national economic and social development plan, and implement the target management responsibility system for population and family planning, which shall be the responsibility of the principal leaders of the people's governments at the corresponding levels.

Article 6 Local people's governments at all levels shall arrange and implement the funds for population and family planning work in accordance with the relevant provisions of the state to ensure the needs of population and family planning work.

The provincial and municipal people's governments shall establish and improve the financial incentive mechanism for advanced areas of population and family planning work; Give priority to family planning work in poverty-stricken areas and ethnic minority areas in terms of funds.

Encourage social organizations, enterprises, institutions and individuals to contribute to population and family planning work.

No unit or individual may withhold, deduct or misappropriate funds for population and family planning work, special funds for awards and social support fees.

Seventh organizations and individuals that have made remarkable achievements in population and family planning work shall be commended and rewarded by local people's governments at all levels or relevant departments.

For areas or units that do not implement these regulations, the people's government at the same level or at a higher level shall give criticism and education and order them to make improvements within a time limit.

Chapter II Administration of Population and Family Planning

Article 8 The family planning administrative departments at or above the county level shall be in charge of the population and family planning work within their respective administrative areas, and the administrative departments of planning, finance, industry and commerce, public security, health, civil affairs, labor and social security, taxation, construction, transportation, statistics and education at the same level shall, within their respective functions and duties, do a good job in the related population and family planning work.

Township (town) people's governments and sub-district offices are responsible for the population and family planning work within their respective jurisdictions, and carry out the population and family planning implementation plan of the people's governments at higher levels, and their family planning institutions are specifically responsible for the population and family planning management and services within their respective jurisdictions.

Villagers' committees and residents' committees shall do a good job in family planning according to law, and bring population and family planning into the autonomous content. Villagers' committees and residents' committees shall have personnel in charge of population and family planning work.

Article 9 State organs, armed forces and social organizations implement the responsibility system for population and family planning work, enterprises and institutions implement the responsibility system for legal representatives of population and family planning work, implement family planning institutions or full-time and part-time personnel, do a good job in population and family planning publicity and education and regular services, and protect the legitimate rights and interests of family planning workers.

Family planning associations at all levels should give full play to the role of self-education, self-management and self-service in family planning work.

Social organizations such as trade unions, communist youth leagues, women's federations and self-employed workers' associations shall, according to their functions and characteristics, support and cooperate with the government in population and family planning work.

Tenth departments of family planning, education, science and technology, culture, health, civil affairs, press and publication, radio and television shall organize publicity and education on population and family planning.

The mass media have the obligation to publicize the population and family planning for public welfare.

Schools should carry out physical health education, adolescent education or sexual health education among students in a planned way according to the characteristics of the educated.

Eleventh floating population family planning work is mainly managed by the people's government of the current residence, and the people's government where the household registration is located shall provide assistance. Specific management measures shall be implemented in accordance with the relevant provisions of the state and the province.

Twelfth family planning, public security, labor and social security, civil affairs, education, personnel, statistics, health and other administrative departments shall provide each other with relevant population data and share population information resources.

Chapter III Birth Control

Thirteenth stabilize the current birth policy, advocate and encourage citizens to marry late and have children late, and have fewer, healthier and better children. Advocate and encourage a couple to have a child.

If both men and women postpone their first marriage for more than 3 years according to the legal age of marriage, it is late marriage, and if a married woman gives birth to her first child over 24 years old, it is late childbirth.

Shall not violate the provisions of the law and these regulations.

If a husband and wife give their children to others for adoption, they may not give birth again on this ground.

Fourteenth couples who meet one of the following conditions may apply for the birth of a second child:

(a) The first child is a disabled child who cannot grow into a normal workforce, but is medically considered fertile;

(2) An only child marries an only daughter;

(three) the rural population of men to the only daughter's home to get married and settle down;

(four) in the rural population, one of the husband and wife is an only child martyr;

(five) in the rural population, one of the husband and wife is disabled soldiers with a second-class merit or above;

(six) in the rural population, one of the husband and wife is disabled in the line of duty, which is equivalent to disabled soldiers with more than second-class merit;

(7) Only one of several brothers in the rural population has fertility;

(eight) in the rural population, one of the spouses has been an only child for more than two generations;

(9) The only female household lacking labor force among the rural population in mountainous counties around the basin and mountainous townships within the basin (excluding pingba, hills and valleys within their respective administrative areas) approved by the city divided into districts;

(ten) the only child households in the rural population in the remote and cold mountainous areas around the basin;

(eleven) suffering from infertility after marriage, and pregnant after adopting a child according to the Adoption Law of People's Republic of China (PRC).

Fifteenth couples who meet one of the following conditions may apply for another child:

(a) remarried because of widowhood, before remarriage, the widowed party has no more than two children, and the other party has no children;

(two) remarried due to divorce, before remarriage, one party had only one child and the other party had no children.

Childlessness mentioned in the preceding paragraph refers to childlessness, adoption or death of a child after adoption.

Article 16 Ethnic minorities should also practise family planning. Specific measures shall be formulated by the people's congresses of ethnic autonomous prefectures and autonomous counties according to the principles of these regulations and local actual conditions, and shall be implemented after being approved by the Standing Committee of the provincial people's congress.

Seventeenth Hongkong, Macao and Taiwan Province compatriots who have settled in Sichuan and the spouses of returned overseas Chinese and foreign citizens shall give birth in accordance with the relevant provisions of the state.

Article 18 Where the provisions of Item (1) of Article 14 of these Regulations apply and it is required to have another child, the family planning technical guidance group at or above the municipal level must organize the medical appraisal of the disabled child. The appraisal issued by any other unit or individual cannot be used as a basis.

Article 19 Where the household registration has been moved from other areas to the areas specified in Items (9) and (10) of Article 14 of these Regulations, and the residence time is less than two years, it shall not apply for another birth in accordance with the provisions of Items (9) and (10) of Article 14 of these Regulations.

If the woman's household registration is in the areas specified in Items (9) and (10) of Article 14 of these regulations, and she has lived in other areas for more than two years due to marriage, she may not apply for another birth in accordance with the provisions of Items (9) and (10) of Article 14 of these regulations.

Twentieth couples who give birth to their first child shall, within three months of pregnancy, go to the township (town) people's government or sub-district office where the woman's unit is located or where the household registration is located to receive the birth certificate and enjoy free family planning technical services; The township (town) people's government and sub-district office where the woman belongs to the unit or where the household registration is located shall issue birth service certificates in time to provide reproductive health care services.

Twenty-first couples apply for another birth, which shall be verified by the villagers' committee or residents' committee where the woman's unit or household registration is located, reviewed by the township (town) people's government and sub-district offices, and reported to the county-level family planning administrative department for approval. The people's government of a township (town) and the sub-district office shall complete the examination within 30 days from the date of receiving the application materials and submit them to the family planning administrative department at the county level, which shall issue a written notice on whether to approve the birth within 60 days from the date of receiving the submission materials (except during the appraisal of the disabled child of the only child), and issue a birth certificate to those who approve the birth. If the written notice is not delivered within the time limit, it shall be deemed as consent.

In accordance with the provisions of Article 14 of these regulations, the interval shall be 4 years, unless the woman is over 30 years old.

Chapter IV Technical Services for Family Planning

Twenty-second family planning technical services to implement the principle of combining national guidance with individual voluntary.

Citizens have the right to choose contraceptive methods. Family planning technical service institutions and medical and health institutions engaged in family planning technical services shall guide citizens to choose safe, effective and appropriate contraceptive measures. The implementation of contraceptive operation should ensure the safety of the subjects. Couples of childbearing age should consciously implement family planning contraceptive measures and accept technical guidance on family planning. Advocate and encourage couples who have given birth to children to choose contraceptive methods based on long-term measures. If you are pregnant unexpectedly or do not meet the statutory fertility conditions, you should take remedial measures in time.

After pre-marital medical examination, those who are diagnosed with serious genetic diseases that are medically considered unsuitable for childbearing should take long-term contraceptive measures or perform sterilization.

Twenty-third couples of childbearing age are guaranteed the right to receive family planning technical services such as contraception and birth control guidance. Family planning technical service institutions or designated medical and health care institutions and villagers' committees engaged in family planning technical services may sign family planning service agreements with rural couples of childbearing age to clarify the rights, obligations and liabilities for breach of contract of both parties.

Twenty-fourth couples of childbearing age who practice family planning use contraceptives issued by the state free of charge, and enjoy free family planning technical services for basic projects such as pregnancy check, removal of intrauterine devices, artificial termination of pregnancy, sterilization and diagnosis and treatment of complications of family planning operations.

The funds required in the preceding paragraph shall be included in the financial budget by governments at all levels in accordance with the provisions of the state and the province; According to the relevant provisions of the state and the province, the urban population is reimbursed in the maternity insurance or medical insurance pooling fund. Did not participate in maternity medical insurance, borne by the unit or local finance.

Twenty-fifth family planning technical service network, composed of family planning technical service institutions and medical and health institutions engaged in family planning technical services, and incorporated into the regional health planning.

Family planning technical services shall be provided by family planning technical service institutions and medical and health institutions approved to engage in family planning technical services.

Twenty-sixth family planning technical service institutions refer to non-profit public welfare institutions that have obtained practice licenses and engaged in family planning technical services in accordance with the Regulations on the Administration of Family Planning Technical Services. To carry out family planning technical services, family planning technical service institutions must obtain the practice license of family planning technical service institutions issued by the family planning administrative department at or above the municipal level in accordance with state regulations. The practice license of a family planning technical service institution shall indicate the approved family planning technical service items.

Medical and health care institutions that carry out family planning technical services shall, in accordance with the relevant standards, be approved by the health administrative department at or above the county level, indicate the approved family planning technical service items in the Practice License of Medical Institutions, and notify the family planning administrative department at the same level.

Individual medical institutions shall not engage in family planning operations.

Twenty-seventh clinical service personnel engaged in family planning technical services in family planning technical service institutions shall obtain professional qualifications and apply for registration according to law, and practice in institutions approved to engage in family planning technical services.

Twenty-eighth prohibit the use of ultrasound technology and other technical means for non-medical needs of fetal sex identification; Sex-selective artificial termination of pregnancy for non-medical needs is strictly prohibited. If it is necessary to carry out fetal sex identification or sex-selective artificial termination of pregnancy, it shall be verified by the provincial family planning administrative department and go to the designated institution for identification or operation.

Twenty-ninth after sterilization, because of death, remarriage and other special circumstances allowed to have another child, it should be approved by the county-level family planning administrative department, in the designated family planning technical service institutions or medical and health institutions to carry out anastomosis surgery.

Article 30 If the complications of family planning operation are identified as complications by the identification team at or above the county level, during the treatment period, the employees of state organs, social organizations, enterprises and institutions shall be regarded as attendance, and wages and bonuses shall be paid as usual; Grassroots people's governments give appropriate preferential treatment to the rural population.

Thirty-first family planning technical service institutions to carry out other medical services other than family planning technical services shall apply for the Practice License of Medical Institutions in accordance with the Regulations on the Administration of Medical Institutions.

Thirty-second advertisements involving family planning technology must be reviewed by the provincial family planning administrative department.

Chapter V Awards and Social Security

Thirty-third late marriage, in addition to the marriage leave prescribed by the state, the marriage leave is increased by 20 days; If a married woman gives birth late, in addition to the maternity leave stipulated by the state, the maternity leave will be increased by 30 days, and the man will be given nursing leave 15 days. Marriage leave, maternity leave and nursing leave are regarded as attendance, and wages and bonuses are paid as usual.

The people's governments at the grass-roots level can give appropriate rewards to the rural population who marry late and have children late.

Article 34 If a couple with a birth certificate and only one child under the age of 18 take birth control measures and voluntarily stop giving birth, both husband and wife shall apply for it, and their units, villagers' committees and residents' committees shall verify it, and the township (town) people's government and sub-district offices shall issue honorary certificates to the parents of the only child.

/kloc-Couples under the age of 0/8 who have only one legally adopted child and voluntarily stop giving birth can get the honor certificate of the only child parents.

"Honor Certificate of Only Child Parents" in duplicate, one for husband and wife.

Thirty-fifth children who have twins or multiple births according to law shall not enjoy the rewards and preferential treatment of the parents of the only child.

Thirty-sixth people's governments at or above the county level shall set up special funds for population and family planning awards. Special funds for awards are composed of government grants, social support fees and social donations. , used to reward both husband and wife are the only child parents of rural population and urban relief workers who enjoy the minimum living guarantee, and the funds are earmarked for special purposes. The specific measures for the administration of special funds for awards shall be formulated by the provincial people's government.

Thirty-seventh whoever obtains the "Glory Certificate of the Only Child Parents" shall enjoy the following awards and preferential treatment:

(1) According to the local or unit economic conditions, the total monthly bonus of the one-child parents is from 5 yuan to 10 yuan, from the month when the one-child parents' honor certificate is obtained to the child 18 years old. The bonus shall be borne by the unit where the parents work, 50% each. Bonuses of on-the-job personnel of state organs, social organizations and institutions shall be spent according to relevant regulations; Bonuses of employees of various enterprises, urban individual industrial and commercial households and other economic organizations in operating costs; If one party is an on-the-job employee of a state organ, social organization, enterprise or institution, and the other party is an urban minimum living security relief worker or a rural population, it shall be paid in full by the unit where the on-the-job party works; Both husband and wife are rural population and urban relief workers who enjoy the minimum living guarantee, and the bonus shall be paid in the special funds for population and family planning incentives.

(two) rural one-child families can draw a homestead.

(3) When the parents of the only child among the employees of government organs, social organizations and institutions retire, they will issue 5% additional pension (but the proportion after issuing additional pension shall not exceed100%); When the only-child parents of enterprise employees retire, they will issue additional pensions according to relevant regulations.

Thirty-eighth local people's governments at all levels give financial, technical and training support and preferential treatment to rural families practicing family planning for economic development; For poor families who practice family planning, priority is given to poverty alleviation loans, work-for-work relief, poverty alleviation projects and social relief.

Thirty-ninth one-child parents who have not given birth and adopted children after marriage will continue to enjoy relevant rewards and preferential treatment with the original "Glory Certificate of One-child Parents".

Fortieth, after obtaining the "Glory Certificate of the Only Child Parents", those who are approved to give birth again shall return the "Glory Certificate of the Only Child Parents" when obtaining the birth certificate, and stop enjoying relevant rewards and preferential treatment from the month of approval.

Article 41 Local people's governments at various levels shall establish and improve social security systems such as basic old-age insurance, basic medical insurance, maternity insurance and social welfare, and carry out family planning.

Chapter VI Legal Liability

Forty-second any of the following acts shall be dealt with in accordance with the relevant provisions of the Population and Family Planning Law of the People's Republic of China:

(1) Illegally performing family planning operations for others;

(two) the use of ultrasonic technology and other technical means for others to carry out non-medical needs of fetal sex identification or selective artificial termination of pregnancy;

(three) the implementation of fake birth control surgery, fake medical identification, issued a fake family planning certificate;

(4) Forging, altering or buying or selling family planning certificates;

(5) Infringement of citizens' personal rights, property rights and other lawful rights and interests;

(six) breach of privilege, dereliction of duty, fraud;

(seven) soliciting or accepting bribes;

(eight) interception, deduction, misappropriation, corruption of family planning funds, special funds for incentives or social support;

(nine) false, concealed, forged, tampered with or refused to report the population and family planning statistics;

(ten) do not fulfill the obligation to assist in family planning management.

Forty-third do not comply with the provisions of the law and these regulations to give birth to children, social support fees shall be levied in accordance with the following provisions:

(a) does not conform to the provisions of Article 14 and Article 15 of these regulations, and then gives birth to the first child, which shall be levied at 6 times to 8 times of the tax base;

(two) did not fulfill the formalities of marriage registration to give birth to the first child, according to the tax base of 3 times to 4 times; Those who meet the conditions for marriage registration and go through the marriage registration formalities within 3 months after giving birth shall be exempted from social support fees;

(3) If the spouse gives birth to the first child with another person, it shall be levied at 9 times to 10 times of the taxable base;

(four) in accordance with the provisions of the conditions and intervals of re birth but not approved, according to the taxable base 1 times; Those who meet the conditions for re-birth but fail to give birth at intervals shall be levied at 2 times of the tax base;

(five) do not comply with the provisions of this Ordinance to give birth to a second or more children, each child to double the social support fee.

The calculation base of social support fee is based on the per capita net income published by the statistics department of the county where the rural population is located or the per capita disposable income of the year before the birth of a child or the discovery of illegal birth behavior published by the statistics department of the city where the urban population is located. If the income exceeds the local average level, the excess will be levied at 1 times to 2 times.

If one party is a rural population and the other party is an urban population, which does not conform to the provisions of these regulations, social support fees shall be levied based on the per capita disposable income of the city where the urban population is located in the previous year.

Those who do not comply with the law and the provisions of these regulations to give birth to children shall be given administrative sanctions in addition to collecting social support fees according to the above provisions, and belong to state staff; Other personnel shall also be given disciplinary sanctions by their units or organizations.

Article 44 If a child who adopts another person fails to go through the adoption formalities according to law for more than six months without justifiable reasons, or obtains a birth certificate by improper means, it shall be handled in accordance with the provisions of Article 43.

Forty-fifth collection of social maintenance fees, family planning administrative departments at the county level shall make a written decision; The family planning administrative department at the county level may entrust the township (town) people's government and sub-district offices to make a written decision on the collection of social support fees.

Article 46 The decision on the collection of social support fees shall come into effect as of the date it is served on the parties concerned.

The parties concerned shall pay the social maintenance fee in one lump sum within 30 days from the date of receiving the decision on expropriation.

If it is really difficult for one party to pay social support fees in one lump sum, it may apply for payment by installments according to law.

Failing to pay the social maintenance fee payable in full within the prescribed time limit, an overdue fine of 2‰ will be charged every month from the date of default; If it still fails to pay, the family planning administrative department that made the collection decision shall apply to the people's court for compulsory execution according to law.

Forty-seventh after receiving the "certificate of honor for the one-child parents", the rewards and preferential treatment for the one-child parents will be cancelled, and the "certificate of honor for the one-child parents" and the bonus for the one-child parents will be returned. If it is not returned, the issuing authority will declare the honorary certificate of the only child parents invalid; The reward for the parents of the only child who should be returned should be included in the social support fee and collected together.

Article 48 If a family planning certificate is obtained by improper means, the family planning administrative department at or above the county level shall declare the certificate invalid; If the unit issuing the certificate is at fault, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Forty-ninth in violation of the provisions of the first paragraph of article twenty-first, resulting in illegal birth, shall be investigated for the administrative responsibility of the person in charge of family planning institutions.

Fiftieth one of the following acts, which constitutes a violation of public security management, shall be dealt with by the public security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law:

(a) refusing or obstructing family planning workers from performing their official duties according to law;

(2) Insulting, slandering or beating public officials who carry out family planning;

(three) disrupting the work order of the family planning department, so that the work can not be carried out normally.

Article 51 If a party refuses to accept the decision on family planning punishment and other specific administrative acts made in accordance with these Regulations, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Chapter VII Supplementary Provisions

Fifty-second provincial people's government shall, according to the relevant provisions of the State Council "social maintenance fee collection and management measures" and these regulations, formulate measures for the collection, use and management of social maintenance fee.

Article 53 These Regulations shall come into force on October 6, 2002.

2. Population and Family Planning Law of the People's Republic of China,

Article 18 The state stabilizes the current birth policy, encourages citizens to marry late and have children late, and advocates a couple to have one child; Those who meet the conditions prescribed by laws and regulations may request to arrange for the birth of a second child. Specific measures shall be formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees.

Attached are the measures for the administration of the collection of social maintenance fees.

Decree number. No.357, the State Council, People's Republic of China (PRC)

first

In order to standardize the collection and management of social maintenance fees, safeguard the basic national policy of family planning, protect the legitimate rights and interests of citizens, and realize the coordinated development of population and economy, society, resources and environment, 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).

second

Citizens have the right to have children according to law, and at the same time, they should fulfill their family planning obligations according to law, and their childbearing behavior should comply with the provisions of the Population and Family Planning Law.

The local people's governments at all levels and the family planning administrative departments of the people's governments at or above the county level shall take comprehensive measures to do a good job in family planning publicity and education, contraception and birth control services and other regular work, so that the reproductive behavior of citizens within their respective administrative areas conforms to the provisions of the Population and Family Planning Law.

essay

Citizens who give birth to children that do not meet the requirements of Article 18 of the Population and Family Planning Law shall pay social support fees in accordance with the provisions of these Measures.

The collection standards of social maintenance fees are based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents, and the amount of collection is determined in combination with the actual income level of the parties and the situation of having children that do not comply with laws and regulations. The specific collection standards of social support fees shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

No unit or individual may, in violation of the provisions of laws and regulations, add fees related to family planning without authorization and raise the collection standard of social support fees.

Article 4

The collection of social maintenance fees shall be decided in writing by the family planning administrative department of the people's government at the county level; The family planning administrative department of the people's government at the county level may entrust the township (town) people's government or the subdistrict office to make a written decision on expropriation.

Article 5

The collection of social support fees for the floating population that does not meet the provisions of Article 18 of the Population and Family Planning Law shall be handled in accordance with the following provisions:

(a) the birth behavior of the parties occurred in the current residence, the family planning administrative department of the people's government at the county level in the current residence shall make a decision on the collection according to the collection standard of the current residence.

(two) the birth behavior of the parties occurred in the domicile, the family planning administrative department of the people's government at the county level where the domicile is located shall make a decision on the collection according to the collection standard of the domicile;

(3) If the family planning administrative department of the people's government at the county level where the person's current residence or household registration is located has not been discovered when the person's reproductive behavior occurs, the family planning administrative department of the people's government at the county level who first discovered his reproductive behavior shall make a decision on the collection according to the local collection standards.

If a party is levied social maintenance fee in one place, it may not be levied social maintenance fee again in another place for the same fact.

Article 6

The decision on the collection of social support fees shall take effect as of the date it is served on the parties concerned. The parties concerned shall pay the social maintenance fee in one lump sum within 30 days from the date of receiving the decision on expropriation.

If it is really difficult for a party to pay social maintenance fees in one lump sum, it shall submit a written application for installment payment to the family planning administrative department of the people's government at the county level within 30 days from the date of receiving the collection decision, and provide relevant certification materials. 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 from the parties, make a decision on whether to approve or disapprove the installment payment, and notify the parties in writing.

When collecting social maintenance fees, a receipt for social maintenance fees uniformly printed by the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be issued to the parties concerned.

Article 7

Specific measures for the collection and payment of social maintenance fees shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government according to local actual conditions.

Article 8

If the party concerned fails to pay the social maintenance fee within the prescribed time limit, a late fee of 0.2% of the unpaid social maintenance fee will be charged every month from the date of default; If it still fails to pay, the family planning administrative department that made the collection decision shall apply to the people's court for compulsory execution according to law.

Article 9

If a party refuses to accept the collection decision, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

During the period of administrative reconsideration or administrative litigation, the collection decision shall not be suspended; However, unless otherwise stipulated in the Administrative Reconsideration Law and the Administrative Procedure Law.

Article 10

Social maintenance fees and late payment fees shall be turned over to the state treasury in full in accordance with the provisions of the financial department of the State Council and incorporated into the local financial budget management; No unit or individual may intercept, misappropriate, embezzle or privately divide it.

The funds needed for family planning work shall be guaranteed by the finance of the people's governments at all levels.

Article 11

The departments of family planning, finance, planning (price), auditing and supervision of the people's governments at or above the county level shall strengthen the supervision and inspection of the collection and management of social support fees.

Article 12

The unit to which the party belongs or the villagers' committee or the urban residents' committee shall cooperate with the collection of social maintenance fees according to law.

Article 13

In violation of laws and regulations, the charging items related to family planning are added without authorization or the collection standard of social maintenance fees is raised without authorization, which shall be dealt with in accordance with the Interim Provisions on Administrative Punishment for Violation of the Provisions on the Management of Administrative Fees and Confiscation of Income.

Article 14

Those who intercept, misappropriate, embezzle or privately divide social support fees shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crimes of corruption, misappropriation of public funds and privately dividing state-owned assets; If it is not serious enough for criminal punishment, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of demotion, dismissal or dismissal according to law.

Article 15

These Measures shall come into force as of September 6, 2002.