Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369224.shtml
Nanning housing Provident Fund management approach
(March 2, 2012 Nanning Government Executive session of the 11th through March 31, 2012 Nanning Government released 5th come into force May 1, 2012) Chapter I General provisions
First in order to strengthen the housing Provident Fund management, safeguard the legitimate rights and interests of workers, according to the State Department the housing Provident Fund management regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
Second approach applies within the administrative area of the city housing accumulation Fund of deposit, withdrawal, use, management, and supervision.
Nanning rail transit system of housing accumulation Fund deposit, withdrawal, use, management, and supervision, these measures shall apply.
Article housing fund mentioned in these measures refers to State organs, State-owned enterprises, collective enterprises, private enterprises and foreign-funded enterprises, towns other towns enterprises, public institutions, private non-enterprise units, social organizations (hereinafter referred to as units) and their employees wages in accordance with the special long-term housing to a certain percentage of monthly payment savings. Employees referred to in the preceding paragraph refers to the work unit, and paid by the unit's personnel.
Including jobs, but learning, disease and within six months of maternity leave and other reasons not yet working, still paid by the unit's personnel, as well as the fact labor relationship with unit employees, and foreign workers from Hong Kong, Macao and Taiwan, as well as labor relations but has to leave, except for units are no longer paid employees.
Fourth Nanning housing Provident Fund Management Committee (hereinafter referred to as MC) by municipal leaders, Nanning railway Bureau head in this city and the people's bank branch, district, Nanning city, building, housing and real estate management, financial, audit and other relevant departments, as well as experts, representatives of trade unions and workers ' representatives, and composed of representatives from units, is within the administrative area of the city housing accumulation fund management decision-making body.
Chairman, Vice-Chairman of the CMC as the credibility of the community, all members are elected.
Article fifth Nanning Housing Fund Management Center (hereinafter referred to as the management centre) responsible for implementing the decisions of the Management Committee, the housing accumulation fund management and operation. Central Administration can set up branches in accordance with regulations.
Management Centre and its branches to apply uniform rules and regulations, carry out unified account.
Chapter II pay
Sixth units and their employees should be paid in full and on time, the Housing Fund.
Employees paid for it paid and the unit's Housing Fund, all belong to the individual.
Paid housing units and employees provident funds are not included in the current wage and salary income, exempt from personal income tax in accordance with law.
Shall entrust the CMC article seventh management center designated commercial bank (hereinafter referred to as the entrusted Bank) for housing loans and settlement of financial business and Housing Fund account, deposit, return and other relevant procedures.
Management Centre should sign an agency agreement with the entrusted Bank.
Eighth unit should be established within 30th of, business licenses, corporate code certificate, Attn proof of identity to the Management Center housing Provident Fund deposit registration, staff housing Provident Fund account procedures.
Units and staff registration and housing Provident Fund management information related to the change of units or workers from the date of change in the 30th to the Central Administration shall register such changes.
Merger, Division, dissolution, dissolution or bankruptcy shall from the date of the foregoing in the 30th, or liquidation by the original unit to the Management Center for registration or cancellation of registration.
Nineth unit hired workers, shall from the date of hire in the 30th, and hired workers ' documents, employee identification and Manager identity management center housing Provident Fund deposit registration, workers housing fund account set up or transfer.
Employee termination or termination of labor relations, personnel and units, units from the labor relations, personnel management center within the termination date of the 30th alteration registration, storage or transfer of workers housing fund account.
Article tenth monthly payment of wages shall within five working days from the date of deposit and pay for employees of the housing accumulation Fund remitted to the housing accumulation Fund accounts.
After capital account, management centre shall promptly assigning appropriate funds into the housing Provident Fund account. 11th Housing Fund from the date of deposit employees ' housing Provident Fund accounts according to carry interest at a rate established by the State.
Personal housing accumulation Fund account annual settlement, June 30 as interest each year. 12th new work deposit starting from the second month of work of workers housing fund. New employees transferred from the redeployment of units paid date paid Housing Fund.
Assignment, secondment of staff, with trade unions, labor relations, human relations unit is responsible for the payment of the housing accumulation Fund and otherwise agreed and paid as agreed.
13th month of employee housing fund amounts paid to employees ' own housing Provident Fund deposit base housing Provident Fund deposit ratio multiplied by the workers.
Units housing Provident Fund for employees paid monthly payment amount for employees ' own housing Provident Fund deposit base housing Provident Fund deposit ratio multiplied by the unit.
Month employee payroll deductions employee housing Provident Fund balance after deposit amount shall not be below the minimum wage this year, below the minimum wage this year, workers housing fund monthly deposit amount can be reduced, but unit housing Provident Fund for employees paid monthly payment amount does not change.
14th employee housing Provident Fund deposit base for my previous year's average monthly wage of employees, determine when the employees to participate in the work of the new working month, new redeployment of workers when transferred into a unit to determine the monthly wage.
15th employee housing Provident Fund deposit base shall not exceed the Statistics Department released last year, this city workers monthly salaries with their product of multiple countries, autonomous regions.
Central Administration in accordance with the provisions of the preceding paragraph's deposit base, Housing Fund, when the months paid the maximum amount reported to the Management Committee for approval before June 30 of each year to the public execution.
Article 16th units and staff housing Provident Fund deposit ratio by CMC according to the city's development, examined by the municipal people's Government, and submitted to the approval of the autonomous regional people's Government, to the public.
Units and their staff should be made public in accordance with the payment deposit ratio of Housing Fund.
Article 17th units need to apply for the Housing Fund tax reduce the deposit ratio, should be discussed by the representatives of the employees or the Trade Union of the unit through, no representatives of the employees or the Trade Union shall be subject to all the workers at least two-thirds, and approved by the management audit, reported to the Management Committee for approval. 18th under the following circumstances, or in normal proportions by the time deposit there is difficulty in housing units, may apply to reduce the housing Provident Fund deposit ratio or deferred deposit Housing Fund.
Reduced housing Provident Fund deposit ratio shall not be less than 5%: (a) employees in the previous year the average monthly wages below the city 50% in the previous year's average monthly wage of fully employed staff, then economic efficiency has not improved;
(B) social insurance premium tax approved by the law;
(C) other special difficulties.
Article 19th unit decrease deposit ratio and slow to pay housing fund may not exceed a period of one year, upon expiry of one year after the need to lower the deposit ratio of tax or shall re-apply for decrease deposit ratio or payment procedures.
Economic or financial situation allowed to decrease deposit ratio has improved, should restore the original deposit ratio; units of housing accumulation Fund tax allowed to be economic or financial situation has improved, should pay the payment of Housing Fund.
Article 20th units dissolved, revoked, its outstanding housing Provident Fund should pay.
Merger, Division or not pay arrears when the reform of the Housing Fund, merger, Division or clear overdue Housing Fund in the restructuring agreement of liability.
Bankruptcy of enterprises according to law and, in default of payment of the housing Provident Fund should be included in the first discharge order.
Article 21st units to pay Housing Fund of deposit base by not paying the wages of the employee during the year calculated on.
Pay housing Provident Fund deposit ratio shall not be less than 5%, conditional can be in default of payment of the appropriate annual deposit ratio carried out.
Chapter extraction and use
22nd employee of any of the following circumstances may apply for extracting Housing Fund:
(A) the purchase, construction, renovation, major repairs of owner-occupied housing;
(B) acquired or constructed in owner-occupied housing loan repayment of principal and interest;
(C) rental housing rental 15% household income;
(D) countries and autonomous regions can be extracted from the other circumstances specified.
Owner-occupied housing in these measures refers to the workers living and to take ownership of the premises housing, including housing, full financing, housing, cooperative housing, affordable housing, commercial, and so on. Article 23rd after extracting housing provident fund housing Provident Fund account balances shall not be less than 100 Yuan.
When the city's housing accumulation Fund loan balance with the aggregate balance is higher than the 70%, approved by the Management Committee, after withdrawal can increase workers ' housing fund management center line of reservation deposit balances in the account, but keep the limit shall not exceed a maximum amount of one-year deposit.
24th employee needs to extract the Housing Fund, shall apply to the Management Center, and to submit the relevant documents. Central Administration shall, within three working days from the date of acceptance of the application whether to approve the decision to extract. Extraction of grant, shall transfer funds to the applicant of the housing accumulation Fund account or other account management center, and shall not be paid in cash.
Extraction of disapproving, shall state the reasons in writing.
Prohibition to provide false evidence of deception to extract Housing Fund.
25th employee has any of the following circumstances, you can cancel your procedure:
(A) to institute a retirement;
(B) settle down;
(C) to work outside the housing Provident Fund management in Guangxi area;
(D) complete or partial loss of ability to work, termination of labor relations, personnel and units;
(E) termination, personnel relations after two years without a new labor relations, personnel;
(F) the death or declaration of death.
Workers after the cancellation can be stored balance in staff housing accumulation Fund accounts.
Worker dies or is declared dead, their heirs, legatees can extract the stored balance in staff housing Provident Fund accounts; no one inherits no bequest, stored balance in staff housing Provident Fund accounts into the value-added benefits of the Housing Fund.
Article 26th within the administrative area of the city workers who have paid into the Housing Fund purchase, construction, renovation, major repairs of owner-occupied housing and satisfy the following conditions, you can apply for a housing loan:
(A) before applying for loans normally paid housing accumulation funds reach the required number of years in a row;
(B) purchase down payment is not less than the prescribed proportion;
(C) have a stable income, good reputation, ability to repay the loan principal and interest;
(D) provide guarantees recognized by Central Administration;
(E) the borrower, borrowers together without the housing accumulation Fund loan has not been repaid;
(Vi) other conditions provided by CMC.
CMC according to the city's housing accumulation Fund usage and payment, until the first, housing Provident Fund deposit referred to in the second period and the proportion of home buyers down payment, and to the public.
27th the employee applying for a housing loan, should be submitted to the Central Administration.
Management Center within ten working days from the day of acceptance of the application to review the loan application, make an order approving or disapproving the loan decision and notify the applicant.
Management Center once the loan is granted, the applicant shall sign contracts with the entrusted Bank and loan procedures.
Prohibition to provide false evidence of deception to defraud the housing accumulation Fund loan.
28th CMC according to the workers ' average income levels, housing prices and housing accumulation Fund can use factors such as size, determine the loan maximum amount and to the public. Loan period and actual age of article 29th loan applicants shall not exceed the statutory retirement age, but the loan applicant, full pay Housing Fund for more than five years in a row, the loan can be extended from five years to one year after the statutory retirement age.
Housing accumulation Fund loan terms up to 30 years.
30th the borrower shall repay the loan on time according to the contract the contract of principal and interest, of a borrower's loan as agreed in accordance with the contract, Central Administration shall have the requested loan as guarantor of principal and interest or in respect of the collateral priority right to be repaid.
31st commercial real estate development enterprises in the sale must not obstruct or refuse to purchase the choice of housing accumulation Fund loan to choose buyers of housing accumulation Fund loan and commercial loan, should be introduced for the same price, may not in any form detrimental to choose buyers of housing accumulation Fund loan conditions.
Article 32nd in the extraction and guaranteed housing loans under the premise, approved by the Administrative Committee, Housing Fund Management Center can be used for purchases and allowed for other purposes.
33rd value-added benefits of the housing Provident Fund shall be deposited into a special value-added benefits of housing accumulation Fund account, used to establish a center of housing accumulation Fund loan risk provisions, management overhead and urban construction of low-rent housing supplementary funds and allow other uses, shall not be appropriated for other purposes.
Supervision and administration of the fourth chapter
Article 34th Management Centre is responsible for the preparation of housing accumulation Fund collection, use plan, in preparation, should seek the views of the municipal finance department.
35th Central Administration in accordance with the provisions of the standard compiled the annual total budget expenditure, reported to the municipal finance department approval, from the Central Administration in the value-added benefits of housing accumulation Fund accounts turned over to the Municipal Finance Department, the municipal finance department disbursement.
Branch of management fees, approved by the Management Center, the Municipal Finance Department, from the branches in the value-added benefits of housing accumulation Fund accounts turned over to the Municipal Finance Department, the municipal finance department disbursement. 36th annual budget and final accounts of the housing Provident Fund Management Centre, shall be subject to the Municipal Finance Department for review, submitted to the Administrative Committee for consideration.
Preparation of housing accumulation Fund financial final accounting of revenue and expenditure and the management thereof shall be reported to the Finance Department for approval and reported to the audit authorities.
Management Center should be to the Management Committee of Municipal Finance Department and submit quarterly financial reports within two months after the end of the accounting year and set the annual housing Provident Fund to the public.
37th audit organs shall on a regular basis the housing accumulation fund management and use of the authenticity and compliance, benefits of supervision through auditing, economic responsibility audit of the Management Center.
38th article Management Committee, Central Administration and entrusted with the Bank shall be subject to the people's bank branch in the city of housing accumulation Fund account, interest rate policy implementation, monitoring of extraction, use, loan issuance.
39th Central Administration shall establish an internal oversight mechanism, the housing Provident Fund deposit, withdrawal, loan conditions Cross review, internal audit.
40th law it shall be paid into the Housing Fund Management Center of supervision and inspection, the units under inspection shall, according to their true condition provides with respect to pay housing fund employee roster, payroll, financial statements and other information, not lying about the cover-up.
41st article violates this way does the housing accumulation fund system, outstanding housing Provident Fund management centres shall be published in the enterprise credit information system.
42nd for acts in violation of housing rules and regulations, units and individuals may complain to the Central Administration, the reporting.
When the complainants, informants reported complaints, shall submit the relevant documents.
Management Center after receiving the complaints, the report should be dealt with in accordance with the administrative procedure and treatment results in writing inform the complainants, informants.
43rd unit of these measures are not in accordance with the provisions of the workers housing fund account registration, storage, transfer, unsealed and extraction procedures of housing accumulation Fund, workers can apply to the Central Administration urged to handle; supervision unit still not processed within the prescribed period, management centre can apply for direct employees go through the relevant formalities.
44th employees, have the right to query my deposit, withdrawal, the unit housing Provident Fund Management Centre, entrusted with the Bank shall not refuse. Storage within the housing accumulation Fund account balances have objections, can apply for the entrusted Bank review disagrees with the result, may apply to the Management Center to review.
Management Centre, entrusted with the Bank shall receive staff and units within five working days from the date of the application shall give a written reply.
45th in violation of housing rules and regulations is not discovered within two years, no longer be investigated and prosecuted.
The period of time specified in the preceding paragraph, since the violation of housing rules and regulations of the date on which the Act; violations of the housing provident fund rules and regulations have continuous or continuing status, date of ending their own.
The fifth chapter legal liability
Article 46th violates article sixth of these measures, fails to pay or pay less Housing Fund, ordered to pay by the management centre; still not paid overdue, may apply to a court for mandatory enforcement according to law.
Violation of paragraph one of this article eighth and Nineth article, go through the housing Provident Fund deposit is registered or not for the workers housing fund account, established procedures of, handled by the Central Administration ordered; if omitted, fined 10,000 yuan and 50,000 yuan fine.
47th unit has one of the following, by the Central Administration to order rectification; if no rectification, units can be fined a maximum of more than 1000 Yuan and 10,000 yuan, to persons who are directly in charge of 500 Yuan more than 5000 Yuan the following fines:
(A) in violation of the second paragraph of this article eighth, third paragraph, Nineth of article, fails to apply for housing accumulation funds account registration, cancellation of registration, storage or transfer;
(B) violation of these measures article 40th, block management center of supervision and inspection, do not provide truthful information relating to the housing Provident Fund management staff roster, payroll, financial statements and other information.
48th in violation of article 24th of this approach stipulates that housing fund is extracted by deception, withdrawn by the Central Administration to order the violator to return within an illegal payment and can be fined a maximum of more than 1000 Yuan and 10,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
49th disobey article 27th, of fraudulently obtaining housing accumulation Fund loan, be ordered by the Central Administration to the borrower within a returned loan and cancel the eligibility criteria for housing accumulation Fund loans within five years in serious cases, and more than 2000 Yuan and fined a maximum of 20,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
50th real estate development enterprises in violation of the provisions of article 31st, a rectification by the management centre; it refuses, fined 10,000 yuan and 50,000 yuan fine, notify the relevant competent administrative departments suspended the construction of its new project development and approval, and be publicized in the enterprise credit information system.
51st management centre and its staff has one of the following circumstances, consists of the people's Governments at the corresponding level, or by the supervisory organs shall be ordered to correct, if the circumstances are serious, the persons in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) fails to provide for the establishment of housing accumulation Fund account;
(B) is not in accordance with the approval of housing tax extraction Housing Fund, Provident Fund or change applications for housing Provident Fund deposit ratio;
(C) is not in accordance with the provisions of the management and use of the incremental benefit of housing accumulation Fund;
(D) the Management Committee of delegates designated outside agencies for housing accumulation Fund financial business of commercial banks;
(E) breakdown of workers housing fund has not been established;
(Vi) is not issued for workers who have paid into the housing accumulation Fund paid in valid documents of housing accumulation Fund;
(VII) not in accordance with the provisions of housing accumulation Fund loan;
(H) the unlawful use of Housing Fund to provide guarantee, buy corporate bonds or trust management;
(IX) refused to query employees, unit I, the unit housing Provident Fund deposit, withdrawal conditions;
(J) not to investigate and punish acts that violate the provisions of the housing Provident Fund management;
(11) other acts in violation of laws, statutes and regulations.
The sixth chapter supplementary articles 52nd these measures come into force May 1, 2012.
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