A couple was fined 320,000 yuan for having an extra child. Would you dare to have a third child?
Compiled from: Tencent News, China.com.cn
A couple in Panyu District, Guangzhou, has been ordered by the local family planning office to pay nearly 320,000 yuan in social maintenance fees after having a third child, as they already had two children. The court has now initiated enforcement, and the couple's bank accounts have been frozen.
[4] Event Review
The client, Wang Fang (pseudonym), stated that she became pregnant unexpectedly in April 2017. During her pregnancy and after giving birth, the local family planning authorities never approached her or her husband. On one occasion, she heard that a decision letter imposing social maintenance fees on her had been posted at the entrance of the residents' committee, but she did not take it seriously.
In January 2019, according to the Decision on the Collection of Social Maintenance Fees issued by the Guangzhou Panyu District Health and Family Planning Bureau (now the Panyu District Health Bureau), Wang Fang and her spouse violated family planning regulations on January 23, 2018, constituting the first case of excess childbirth among urban residents. Under the relevant provisions of the Guangdong Province Population and Family Planning Regulations, each person was required to pay a social maintenance fee of 158,799 yuan, totaling nearly 320,000 yuan for the couple. The administrative ruling issued by the Guangzhou Railway Transport Court stated that on September 9, 2019, the court ruled to approve the compulsory enforcement of the collection decision.
A month ago, when Wang Fang tried to transfer money to a friend via WeChat, she discovered that her WeChat account had been frozen. The notification stated, “In accordance with legal and regulatory provisions and the requirements of judicial authorities' documents, our company has assisted the judicial authorities in freezing the corresponding funds in your balance account.” The freeze was implemented on May 7, 2020.
Wang Fang was initially puzzled, but then recalled the social maintenance fee collection decision notice previously posted by the residents' committee, and realized that the account had been "forcibly enforced" due to non-payment of the social maintenance fee.
Wang Fang said that her first child is now in elementary school, with monthly expenses of over 2,000 yuan; her second child is in kindergarten, with tuition exceeding 10,000 yuan per semester; and her third child is still on formula. On top of that, the family has to repay a mortgage of over 6,000 yuan each month, plunging their lives into sudden hardship.
What is a social maintenance fee?
A social maintenance fee refers to a fee levied on citizens who give birth to children not meeting legal conditions, aimed at regulating the use of natural resources and protecting the environment, as well as appropriately compensating the government'sinvestment in public social undertakings. The social maintenance fee is anadministrative charge, characterized by its compensatory and mandatory nature.
On August 2, 2002, the State Council promulgated the Measures for the Administration of Collection of Social Maintenance Fees via Decree No. 357 of the State Council.It stipulated provisions on the collection of social maintenance fees.
In 2016, the state made major strategic adjustments to the basic national policy of family planning. Although the country has now fully implemented the two-child policy, the national birth rate has been declining for consecutive years, and the demographic dividend advantage is gradually disappearing. Therefore, further adjusting the childbirth policy and abolishing social maintenance fees has become an inevitable trend.
Moreover, imposing high social maintenance fees may put some financially struggling families in a difficult position, potentially requiring government relief in the end. Not collecting or reducing social maintenance fees would leave more funds with families, preventing them and their children from falling into survival and development difficulties, and enabling families to better afford raising and educating their children to grow into capable adults.
[1] The author's perspective
In this incident, the relevant local authorities in Panyu District have taken into account the actual difficulties faced by the family involved. According to the Measures of Guangdong Province for the Administration of Collection of Social Maintenance Fees, the social maintenance fee may be paid in installments, with the down payment for such installments being no less than 30% of the total amount collected, and the installment period not exceeding three years.
The author believes that even if the relevant authorities made a humane decision regarding the manner in which the family pays the social maintenance fee based on the actual circumstances, the 30% “down payment” of the total amount levied remains a huge sum for the family. Even if the collection of the social maintenance fee is unavoidable, could the collected fee be returned to families in genuine difficulty through appropriate means?
Although many regions are still levying social maintenance fees and the family planning policy remains in effect, social maintenance fees are neither reasonable nor justified. It has been four years since the universal two-child policy was fully implemented in 2016, and our country’s birth population has declined for three consecutive years. If strict population control measures are still being enforced at this point, they clearly no longer adapt to or align with the spirit and methods of the state regarding reforming and improving family planning service management. Our attitude toward “exceeding the birth quota” should be coordinated with the current population development trend and the policy orientation of encouraging childbirth.
There is a strong public call to abolish the social maintenance fee, and NPC deputies have also put forward proposals. We cannot let this become a perennial topic of empty discussion. If it cannot be abolished for the time being, the public should at least be given a response: the outdated collection scheme for the social maintenance fee should be adjusted, with collection minimized or exempted under special circumstances. We should shift our approach, create a favorable environment and conditions for childbearing, and systematically address the people’s “anxieties about having children.” This is what it truly means to build a childbirth-friendly society.