Guidance for some specific problems of housing provident fund management
Jianjin Tube [2005] No. 5
All provinces, autonomous regional construction department, finance department, people's branches, municipalities, Xinjiang Production and Construction Corps Housing Provident Fund Management Committee, Housing Provident Fund Management Center:
In order to further improve the management of housing provident fund, standardize the use of business, improve the risk prevention mechanism, maintain the legitimate rights and interests of the payer, to play the role of the housing provident fund system, and now provide a number of specific issues of housing provident fund management:
I. State organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units, social groups (below) and their in-service workers, should be managed by housing provident fund management The Regulations (Order No. 350, hereinafter referred to as the "Regulations") pay the housing provident fund. Conditional places, urban units hire into urban workers, units and employees to pay housing provident fund; urban individual industrial and commercial households, freelance workers can apply for a deposit of housing provident funds, and the salary base of the monthly payment is in accordance with the payment of people Average annual tax revenue calculation.
Second, the district city (including land, state, alliance, the same) should combine the local economy, social development, and integrate all aspects, and strictly determine the proportion of housing provident funds in accordance with the provisions of the Regulations. The proportion of units and employees should not be less than 5%, which is not higher than 12%. If you have an increase in the proportion of employee housing subsidies, you should be indicated in your personal account. The proportion of housing provident fund approved by the province, autonomous region, and municipal municipality shall not be corrected in accordance with the provisions of the provisions, and shall be corrected.
Third, the monthly salary base of the payment of the housing provident fund should not exceed 2 times or 3 times the monthly salary of the previous year of the urban statistical departments of the employee workplace. The specific criteria are determined by the actual situation. The average monthly salary of employees should be included in the project calculation of total payroll statistics in accordance with the National Bureau of Statistics.
Fourth, all localities should follow the Regulations, establish and improve the approval system for reducing the deposit ratio of the deposit or to the housing provident fund, clear specific conditions, the documents and procedures that need to be provided. Housing Provident Fund Management Committee and Housing Provident Fund Management Center (hereinafter referred to as the management center) shall not agreed to reduce the proportion of deposits or overcharge.
5. In situations, discrete, undo, bankruptcy, dispersion or restructuring, etc., should pay for employees to pay the housing provident fund that has been paid (including unpaid and less). If the unit merges, discrete and restructuring, it should be unable to pay the housing provident fund, and the subject of the housing provident fund deposits the responsibility of the housing provident fund shall be clarified. The newly established unit shall promptly handle the housing provident fund to pay in a timely manner.
6. The amount of the unit pays the amount of housing provident fund (including the unit self-paying and the people's court to enforce the payment), and according to the actual adoption of different ways: the unit has never paid the housing provident fund, it should be repaided from the "Regulations" ( State Council Order No. 262) The monthly housing provident fund owed to the employee. If the unit will pay the housing provident fund in accordance with the prescribed employee scope and standard, the employee shall pay for employees. If the unit does not provide employee wages or employees have objection to the wages provided, the management center can calculate the average salary of the employees approved by the local labor department, the judicial departments, or the provincial statistical department.
7. If the employee meets the regulations, the application will apply for the storage balance within the housing provident fund account. After the unit is verified, the proof should be issued. If the unit does not issue a housing provident fund extraction, the employee can apply to the Management Center or the Entrusted Bank to apply for the management center or by the commissioned bank to extract the housing provident fund.
Eight, employee purchase, construction, rebuilding, overhaul self-occupation housing, unpublished personal housing provident fund loans, in principle, employees and their spouses can be taken within one year in purchase and overhaul housing, and extract the housing with effective certification materials, once or divided into housing Storage balance in the provident fund account. The total extraction of both husband and wife cannot exceed the actual housing expenditure. Nine, enter the city workers, urban individual industrial households, freelance staff purchase self-occupied housing or purchase self-occupation in the household, can use the purchase contract, the land use certificate and other effective proof materials, to extract the person and their spouse housing provident fund The storage balance in the account.
Ten, employees enjoy the minimum living security of the town; if the labor relationship is terminated, some or all of the loss of labor ability and the encounter of other emergencies, causing serious difficulties in family life, providing effective certification materials, reviewed by the management center, can Extract the storage balance in your housing provident fund account.
XI, employee mobilization, the original work unit does not follow the registration and account transfer procedures for employees, and employees can complain to the management center, or directly to the Administrative Center to apply for account transfer procedures.
12. After the employee moved to another set area, the transfer unit was established for the employee to establish a housing provident fund account, and the new workplace management center shall issue a new account to the original work management center and the application for personal requirements. After the original work management center verns to the transfer unit, handle the registration and account transfer procedures; the original account has been sealed, and the transfer procedures can be directly handled. The account transfer is taken in principle, and it is not possible to transfer or the management center of the new workplace. If the housing provident fund system is not established, the original work management center can temporarily store employee accounts.
Thirteen, employee purchase, construction, rebuilding and overhaul self-occupied housing needs to apply for personal housing loans, and commissioned banks should first provide housing provident fund loans. Management centers or commissioned banks must inform employees in order to submit documents and materials, and employees shall submit the loan procedures within 15 working days after submitting documents as required. If the procedure is not completed within 15 days, the person in charge of the management center can be approved, and the 5 working days can be extended and the reason for the extended period should be informed. Before the employee did not pay off the loan, they did not apply for a housing provident fund loan again.
14. When entering a migrant worker, urban individual industrial and commercial households and freelance workers can apply for housing provident fund loans according to the regulations.
15. Management centers and commissioned banks shall strictly review the identity, repayment and personal credit of the borrower according to the principal, and to build the legitimacy and authenticity of the purchase of housing, and strengthen the ability to guarantee the ability to guarantee the guarantor. . To approve the loan in a pen, please entrust the bank to apply for loan procedures.
16. Loan funds should be divided into sales units (sale households) or build a house, and the investment is responsible for the account opened by the bank, and must not be directly distributed to the borrower account or pay cash to the borrower.
17. If the borrower entrusts the procedures of others or intermediaries, they should sign a written commission. The management center must establish a borrower interview system, verify the relevant situation, and guide the borrower to sign in the relevant documents of the borrowing contract, guarantee contract, etc.
Eighteen, everywhere, according to the local economy to apply the average price of housing or ordinary commodity housing and the average housing level of the residents, and the highest amount of housing provident fund loans. The identification of the specific quota of the individual loan of the employee should consider the purchase of housing prices, borrowers' repayment capabilities and their housing provident fund account storage balance.
19. The employee uses personal housing loans (including commercial loans and housing provident fund loans), and the employees and their spouses can extract the balance in the housing provident fund account according to the provisions, which is used to repay the loan principal. Each extraction must not exceed the payment of the repayment payment, and the extraction of advanced payments must not exceed the housing provident fund loan balance.
Twenty, employee purchased self-occupied housing in the arrangement area outside the place where the housing provident fund, can apply for housing provident fund loans to the local management center, and the management center of the Housing Provident Fund must actively assist the employee's payment housing provident fund proof. Assist in investigating repayment capabilities and personal credit. This comment is implemented from the date of issuance. All localities can formulate specific methods.
Ministry of Education of the People's Republic of China, Ministry of Finance of the People's Republic of China, China People's Bank of China, January 10, 2005
[Excerpted from the Ministry of Construction of the People's Republic of China]