On November 20, the Legislative Affairs Office of the State Council released the Administrative Regulations on the Collection of Social Upbringing Fees (Draft for Review) (the "Draft Regulations") to solicit public comments by December 20, 2014.
The Draft Regulations clearly define the objects that are subject to the collection of social upbringing fees, narrowing the scope of such objects. The Draft Regulations explicitly provide that the objects subject to the social upbringing fees are citizens who give birth to extra children in violation of the relevant provisions of the laws and regulations; citizens who give birth to extra children in compliance with the policy requirements but are not in line with the procedural requirements shall not be subject to the social upbringing fees.
The Draft Regulations provide that where a couple having already given birth to a child gives birth to a second child in violation of the policy requirements, the husband and wife involved shall be respectively subject to the social upbringing fees of below three times the amount calculated based on the collection standards. In addition, the Draft Regulations regulate the competent entities that are to collect the social upbringing fees, restricting the authority of collection from being delegated to other unauthorized entities, and the provisions on the collection procedures are included to further standardize the collection activities.