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The State Council On Amending The Decision Of The Housing Provident Fund Management Regulations

Original Language Title: 国务院关于修改《住房公积金管理条例》的决定

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(March 24, 2002 People's Republic of China State makes No. 350, announced since announced of day up purposes) State decided on housing Provident Fund Management Ordinance for following modified: a, and second article second paragraph modified for: "this Ordinance by said housing Provident Fund, is refers to State, and State-owned enterprise, and town collective enterprise, and foreign investment enterprise, and town private and the other town enterprise, and institutions, and private non-enterprises, and social groups (following collectively units) and on-the-job workers deposit of long-term housing savings. "Second, seventh paragraph is amended as:" administrative departments of people's Governments of provinces, autonomous regions construction in conjunction with the financial sector as well as the people's Bank of China Branch, in charge of the housing Provident Fund management regulations, within the administrative area supervision of policy implementation. "Three, eighth is amended as:" the municipality and seat of the people's Governments of provinces, autonomous regions and other districts of the city (, State, AU), housing Provident Fund Management Committee should be set up, as decisions of the housing Provident Fund management institutions. Housing Provident Fund Management Committee members, heads of Government and construction, finance, people's Bank and other concerned departments and experts 1/3, representatives of trade unions and staff representatives, 1/3 on behalf of 1/3. "" Director of housing accumulation Fund Management Committee should consist of persons with social credibility.
    "The fourth, the Nineth, 11th, 18th, 20th, 28th, 31st and 32nd in the" Housing Commission "is amended as" housing Provident Fund Management Committee ". In section four, the Nineth added as a fifth: "(v) consider the value-added distribution of housing accumulation Fund".
    The Nineth fifth to sixth. Five, tenth revised as follows: "the municipality and seat of the people's Governments of provinces, autonomous regions and other districts of the city (, State, AU), should be in accordance with the principle of simplification and efficiency, the establishment of a Housing Fund Management Center, responsible for the housing Provident Fund management operations. The County (City) not to set up housing accumulation Fund Management Centre. "" The provisions of the preceding paragraph Housing Fund Management Center in the County (City) to set up branches. Housing Fund Management Center and its branches should be unified rules and regulations, the unified account. "" Housing Fund Management Center is directly under the people's Governments of cities not for profit independent institution. "Six, 12th, the first paragraph is amended as:" the housing Provident Fund Management Committee shall, in accordance with relevant regulations of the people's Bank of China, specified by the commissioned housing accumulation Fund financial business of commercial banks (hereinafter referred to as authorized banks); housing Provident Fund management centres shall entrust the entrusted Bank housing loans, settlements, such as financial services and housing Provident Fund accounts set up, deposit, return procedures. "Seven, 24th the first fourth amendment as follows:" (d) to settle down. "Eight, add one, as the 39th article:" violations of the regulations of the housing Provident Fund Management Committee approval of the housing Provident Fund scheme, and construction administrative departments under the State Council in conjunction with the financial sector, or by provinces, autonomous regional people's Government administrative departments in conjunction with the financial sector, according to the management authority a rectification.
    "Nine, and increased a article, as 40th article:" housing Provident Fund Management Center violation this Ordinance provides, has following behavior one of of, by State construction administrative competent sector or province, and autonomous regions government construction administrative competent sector according to management terms, ordered deadline corrected; on has responsibility of competent personnel and other directly responsibility personnel, law give administrative sanctions: (a) not according to provides established housing Provident Fund designed households of; (ii) not according to provides approval workers extraction, and using housing Provident Fund of; (Three) not according to provides using housing Provident Fund value-added returns of; (four) delegate housing Provident Fund Management Committee specified of Bank yiwai of institutions handle housing Provident Fund financial business of; (five) not established workers housing Provident Fund breakdown of; (six) not for deposit housing Provident Fund of workers issued deposit housing Provident Fund of effective voucher of; (seven) not according to provides with housing Provident Fund purchase bonds of. "Ten, and 39th article as 41st article, modified for:" violation this Ordinance provides, misappropriated housing Provident Fund of, by State construction administrative competent sector or province, and autonomous regions government construction administrative competent sector according to management terms, recovered misappropriated of housing Provident Fund, confiscated illegal proceeds; on misappropriated or approved misappropriated housing Provident Fund of Government head and Government about sector head and housing Provident Fund Management Center has responsibility of competent personnel and other directly responsibility personnel, In accordance with the provisions of the criminal law on the crime of misappropriation of public funds, or other, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, administrative sanctions of demotion or removal from Office. "Cheung added, as the 42nd article:" housing Provident Fund management centres to comply with the financial regulation, shall be given administrative sanctions by the financial sector.
    "According to the above changes, corresponding adjustments to some of the provisions of the order.
    This decision shall come into force as of the date of.

    The housing Provident Fund management regulations be revised accordingly under this decision promulgated anew.
    Report: housing Provident Fund management regulations (April 3, 1999 People's Republic of China promulgated by Decree No. 262, released on March 24, 2002, the State Council on amending the housing Provident Fund Management Ordinance revision of the decision) Chapter I General provisions article in order to strengthen the management of the housing accumulation funds and maintain the legitimate rights and interests of the owners of housing accumulation Fund, promote the construction of urban housing, improving the living standards of urban residents, this Ordinance is enacted.
    Article II of this Ordinance shall apply to People's Republic of China territory housing Provident Fund deposit, withdrawal, use, management, and supervision.
    Housing Fund mentioned in these regulations refers to the State organs, State-owned enterprises, collective enterprises, foreign-invested enterprises, urban private enterprises and other cities and towns enterprises, public institutions, private non-enterprise units, social organizations (hereinafter referred to as units) and its employees long-term housing deposit savings.
    Article the individual paid housing units and employees paid housing Provident Fund for employees, all belong to the individual.
    Fourth housing Provident Fund management of housing accumulation Fund Management Committee decisions, public housing fund management center operations, storage of bank accounts, financial supervision principles.
    Fifth housing Provident Fund should be used for employee purchase, construction, renovation, major repairs in owner-occupied housing, no unit or individual shall not be appropriated for other purposes.
    Article sixth of housing accumulation Fund, loan and deposit rates by the people's Bank of China, after seeking the advice of construction administrative departments under the State Council, the State Council for approval.
    Article seventh construction administrative departments under the State Council in conjunction with the financial sector, people's Bank of China to develop housing policies and monitoring the implementation.
    Administrative departments of people's Governments of provinces, autonomous regions construction in conjunction with the financial sector as well as the people's Bank of China Branch, in charge of the housing Provident Fund management regulations, within the administrative area supervision of policy implementation. Chapter II Organization and its responsibilities article eighth municipalities and provinces, autonomous regions, municipalities, and other districts of the city (, State, AU), housing Provident Fund Management Committee should be set up, as decisions of the housing Provident Fund management institutions.
    Housing Provident Fund Management Committee members, heads of Government and construction, finance, people's Bank and other concerned departments and experts 1/3, representatives of trade unions and staff representatives, 1/3 on behalf of 1/3.
    Director of housing accumulation Fund Management Committee should consist of persons with social credibility.
    Nineth article housing Provident Fund Management Committee in housing Provident Fund management aspects perform following duties: (a) according to about legal, and regulations and policy, developed and adjustment housing Provident Fund of specific management measures, and supervision implementation; (ii) according to this Ordinance 18th article of provides, developed housing Provident Fund of specific deposit proportion; (three) determine housing Provident Fund of highest loan lines; (four) approval housing Provident Fund collection, and using plans; (five) considered housing Provident Fund value-added returns distribution programme;
    (F) the approval of housing accumulation Fund collection, use the report of the implementation of the plan. Tenth municipalities and provinces, autonomous regions, municipalities, and other districts of the city (, State, AU), should be in accordance with the principle of simplification and efficiency, the establishment of a Housing Fund Management Center, responsible for the housing Provident Fund management operations.
    The County (City) not to set up housing accumulation Fund Management Centre. Housing Fund Management Center can be provided for in the preceding paragraph in the County (City) to set up branches.
    Housing Fund Management Center and its branches should be unified rules and regulations, the unified account.
    Housing Fund Management Center is directly under the people's Governments of cities not for profit independent institution.
    11th article housing Provident Fund Management Center perform following duties: (a) prepared, and implementation housing Provident Fund of collection, and using plans; (ii) is responsible for records workers housing Provident Fund of deposit, and extraction, and using, situation; (three) is responsible for housing Provident Fund of accounting; (four) approval housing Provident Fund of extraction, and using; (five) is responsible for housing Provident Fund of hedge and returned; (six) prepared housing Provident Fund collection, and using plans implementation situation of report; (seven) hosted housing Provident Fund Management Committee decided of other matters.
    12th housing Provident Fund Management Committee shall, in accordance with relevant regulations of the people's Bank of China, specified by the commissioned housing accumulation Fund financial business of commercial banks (hereinafter referred to as authorized banks); housing Provident Fund management centres shall entrust the entrusted Bank housing loans, settlements, such as financial services and housing Provident Fund accounts set up, deposit, return procedures.
    Housing Provident Fund management centres should sign an agency agreement with the entrusted Bank. Chapter III paid 13th housing Provident Fund management centres should be set up in the entrusted Bank housing accumulation Fund accounts.

    Units to the Housing Fund Management Center for housing Provident Fund deposit registration, after examination by the Housing Fund Management Center, entrusted with the Bank as the workers housing fund account, established procedures.
    Each employee can have only one housing accumulation Fund accounts.
    Housing Provident Fund management centres shall establish a breakdown of workers housing fund, recording the individual housing Provident Fund deposit, withdrawal, etc.
    14th new unit should be established within 30th of the housing Provident Fund deposit registration Housing Fund Management Center, and from the date of registration of the housing Provident Fund management centres in the 20th of the audit log file, to the entrusted bank workers housing fund account, established procedures for the unit.
    Units merged, and Division, and revoked, and dissolved or bankruptcy of, should since occurred above situation of day up 30th within by original units or liquidation organization to housing Provident Fund Management Center handle change registration or cancellation registration, and since completed change registration or cancellation registration of day up 20th within holding housing Provident Fund Management Center of audit file, to by delegate Bank for this units workers handle housing Provident Fund account transfer or sealed procedures.
    15th unit hired workers, shall from the date of hire to register with the Housing Fund Management Center for deposit in the 30th, and Housing Fund Management Center of the audit log file, to the entrusted bank workers housing fund account, established or transfer.
    Units with trade unions, termination of labor relations, and units shall, from the date of termination of the employment relationship in the 30th to the Housing Fund Management Center for change of registration, and Housing Fund Management Center of the audit log file, to the entrusted bank workers housing fund account transfer or storage procedures.
    16th worker housing fund monthly deposited amount of my previous year's average monthly wage of workers housing Provident Fund deposit ratio multiplied by the workers.
    Units housing Provident Fund for employees paid monthly deposited amount of my previous year's average monthly wage of workers housing Provident Fund deposit ratio multiplied by the unit.
    17th new worked of employees from work started to pay Housing Fund for the second month, month paid for my monthly wage multiplied by the Trade Union of workers of housing Provident Fund deposit ratio.
    Unit staff transferred the new date of the redeployment of units from the payment of wages paid into the Housing Fund, monthly amount paid for my monthly wage multiplied by the Trade Union of workers of housing Provident Fund deposit ratio. 18th employee and unit housing Provident Fund deposit ratio shall not be less than the previous year's average monthly wage of employees 5%; condition of cities, can increase deposit ratio.
    Specific deposit ratio by housing Provident Fund Management Committee, after review by the people's Governments at the corresponding level, and approval of the people's Governments of provinces, autonomous regions and municipalities.
    19th the individual housing Provident Fund deposit, by the unit to withhold from the wages paid each month.
    Units should be in the monthly payment of wages within 5th of unit deposited and paid for employees of the housing provident funds remitted to the housing account, and credited by the entrusted bank employee housing Provident Fund account.
    20th units should be paid in full and on time, Housing Fund, shall not be deposited late or underpaid.
    On deposit there is difficulty in housing units, and discussed by the representatives of the employees or the Trade Union of the unit through and examined by the Housing Fund Management Center, housing Provident Fund Management Committee approval, the deposit ratio can be reduced or held over; economic efficiency has improved, further increase deposit ratio or to pay the payment.
    Article 21st Housing Fund from the date of deposit employees ' housing Provident Fund accounts according to carry interest at a rate established by the State.
    22nd the housing Provident Fund management centres shall be paid for any workers who have paid into the Housing Fund of housing accumulation Fund of valid documents.
    Article 23rd units housing Provident Fund for employees paid, expenses according to the following provisions: (a) expenses in the budget, (ii) institution approved by the financial sector after the budget, expenditures in the budget or cost; (c) the enterprise's costs would be covered by.
    Fourth chapter extraction and using 24th article workers has following case one of of, can extraction workers housing Provident Fund account within of storage balance: (a) purchase, and built, and rebuilt, and overhaul since live housing of; (ii) retired, and retired of; (three) completely lost labor capacity, and and units terminated labor relationship of; (four) exit settled of; (five) reimbursement purchase loan principal and interest of; (six) rent beyond family wage income of provides proportion of.
    In accordance with the preceding subparagraph (b), (c), (d) provided, staff housing, which should include cancellation of employee housing Provident Fund accounts.
    Worker dies or is declared dead, workers ' heirs, legatees can extract the stored balance in staff housing Provident Fund accounts; no heirs nor legatees, stored balance in staff housing Provident Fund accounts into the value-added benefits of the Housing Fund.
    25th employee to extract stored within the housing accumulation Fund account balances, the unit should be verified, and proof of extract. Employees shall take the extracts prove to the Housing Fund Management Center for extracting housing Provident Fund.
    Housing Provident Fund management centres shall be from the date of acceptance of the application in the 3rd to approve the extraction or to extract the decision and notify the applicant accordingly; admission to extract, by being entrusted with the bank payment procedure.
    Article 26th workers who have paid into the Housing Fund, purchase, construction, renovation, major repairs in owner-occupied housing, may apply to the Housing Fund Management Center of housing accumulation Fund loan.
    Housing Provident Fund management centres shall be from the date of acceptance of the application in the 15th to grant loans or no loan decision and notify the applicant accordingly; granting of loans, by being entrusted with the Bank the loan formalities.
    Housing accumulation Fund loan risk borne by the Housing Fund Management Center.
    27th applicant applying for a housing loan, guarantees should be provided.
    28th Housing Fund Management Center in ensuring housing extract and loans under the premise, approved by the housing Provident Fund Management Committee, housing accumulation Fund can be used to buy Treasury bonds.
    Housing Guarantee Fund Management Center may not be to others.
    29th the value-added benefits of the housing Provident Fund shall be deposited into the housing Provident Fund management centres entrusted with the Bank that value-added benefits of housing accumulation Fund account, used to establish a reserve fund, housing fund management center of housing accumulation Fund loan risk management costs and construction of city low-rental housing supplement.
    Article 30th Housing Fund Management Center management costs, prepared by the housing Provident Fund management centres in accordance with the provisions of the standard total budget expenditures for the year, reported to the financial Department of the people's Government for approval, due from the value-added benefits of housing accumulation Fund financial, the financial allocation of the same level.
    Housing Fund Management Center management costs, by provincial, autonomous regional and municipal people's Governments in charge of construction sector in conjunction with the financial sector in accordance with the above institution fee standards stipulated by the State.
    Fifth chapter 31st financial departments of the local people's Governments concerned should be stepped up oversight of the administrative area housing fund collection, extraction, and monitor the use of, and to inform the housing Provident Fund Management Committee of the people's Governments at the corresponding level.
    Housing Fund Management Center in the development of housing accumulation Fund collection, use the plan shall seek the views of the financial sector.
    Housing Provident Fund Management Committee approving the housing accumulation Fund collection, using plans and report on the implementation, there must be participation of the financial sector.
    Article 32nd housing Provident Fund management centres of the housing Provident Fund annual budgets and final accounts, shall be subject to the financial sector review, submitted to the housing Provident Fund Management Committee.
    Housing Fund Management Center should be regularly every year to the financial sector and housing Provident Fund Management Committee to submit financial reports and financial reports to the public.
    Article 33rd housing Provident Fund management centres shall accept auditing departments audit and supervision.
    Article 34th Housing Fund Management Center and workers ' right to supervise unit fulfil the following obligations: (a) the housing Provident Fund deposit or change of registration, cancellation of registration, (ii) establishment of housing accumulation Fund accounts, transfer or storage, (c) paid in full the housing accumulation Fund.
    35th housing Provident Fund management centres shall urge the entrusted Bank entrust contract business in a timely manner.
    Commissioned by entrust the Bank shall, in accordance with terms of the contract and regularly provide relevant business information to the housing Provident Fund management centres.
    Article 36th employees, have the right to query themselves, the Housing Fund of deposit, withdrawal, housing Provident Fund Management Centre, entrusted with the banks are not allowed to refuse. Stored within the staff, units of the housing accumulation Fund account balance has objections, can apply for the entrusted Bank review against disagrees with the results of the review, you can apply for a Housing Fund Management Center to review.
    Authorized banks, housing Provident Fund management centres shall be from the date of receipt of the application within the 5th to give a written reply.
    Workers have the right to expose, prosecutors accused of housing Provident Fund Act.
    Sixth chapter 37th penalties in violation of the provisions of this Ordinance, units do not handle housing Provident Fund deposit to register or not for staff housing accumulation Fund account set up procedures, ordered by the Housing Fund Management Center to handle; fails to go through, the fines of between 50,000 yuan and 10,000 yuan.
    38th in violation of the provisions of this Ordinance, units not unpaid or underpaid Housing Fund, Housing Fund Management Center ordered to deposit still not paid overdue, may request the people's Court for compulsory execution. 39th housing Provident Fund Management Committee in violation of the Ordinance requires the approval of the housing Provident Fund scheme and construction administrative departments under the State Council in conjunction with the financial sector, or by provinces, autonomous region people's Government Administrative Department in conjunction with the financial sector, according to the management authority a rectification.

    40th article housing Provident Fund Management Center violation this Ordinance provides, has following behavior one of of, by State construction administrative competent sector or province, and autonomous regions government construction administrative competent sector according to management terms, ordered deadline corrected; on has responsibility of competent personnel and other directly responsibility personnel, law give administrative sanctions: (a) not according to provides established housing Provident Fund designed households of; (ii) not according to provides approval workers extraction, and using housing Provident Fund of;
    (Three) not according to provides using housing Provident Fund value-added returns of; (four) delegate housing Provident Fund Management Committee specified of Bank yiwai of institutions handle housing Provident Fund financial business of; (five) not established workers housing Provident Fund breakdown of; (six) not for deposit housing Provident Fund of workers issued deposit housing Provident Fund of effective voucher of; (seven) not according to provides with housing Provident Fund purchase bonds of. 41st article violation this Ordinance provides, misappropriated housing Provident Fund of, by State construction administrative competent sector or province, and autonomous regions government construction administrative competent sector according to management terms, recovered misappropriated of housing Provident Fund, confiscated illegal proceeds; on misappropriated or approved misappropriated housing Provident Fund of Government head and Government about sector head and housing Provident Fund Management Center has responsibility of competent personnel and other directly responsibility personnel, in accordance with criminal on misappropriated public funds crime or other crime of provides,
    Criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, administrative sanctions of demotion or removal from Office.
    42nd housing Provident Fund management centres to comply with the financial regulation, shall be given administrative sanctions by the financial sector.
    43rd in violation of the provisions of this Ordinance, and Housing Fund Management Center to provide security, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    44th state organ staff in the supervision and management of housing accumulation Fund of abuse of power, negligence, malpractice, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    The seventh chapter by-laws article 45th housing accumulation Fund financial management and accounting practices, by the financial departments of the State construction administrative departments under the State Council.
    46th article of the Ordinance has not yet deal with housing Provident Fund deposit registration and housing Provident Fund account handling unit shall, within 60 days of the date of enforcement of this Act to register with the Housing Fund Management Center for deposit, and entrusted with the bank employee housing Provident Fund account procedures.
                                                                    47th article of the regulations as of the date of promulgation.