Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367209.shtml
Guiyang City Housing accumulation fund management approach
(September 19, 2011 Executive meeting of the Guiyang municipal people's Government on October 8, 2011, Guiyang municipal people's Government released 6th December 1, 2011) Chapter I General provisions
First to strengthen the housing Provident Fund management, maintaining the legitimate rights and interests of the owners of housing accumulation Fund, improve housing security system, 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.
Housing Fund mentioned in these measures refers to State organs, State-owned enterprises, collective enterprises, foreign-funded enterprises, private enterprises and other cities and towns enterprises, public institutions, private non-enterprise units, social organizations (collectively the "units") and its employees long-term housing deposit savings.
Foreign and Hong Kong, Macao and Taiwan, as well as retirees are not paid into the Housing Fund.
Article the individual paid housing units and employees paid housing Provident Fund for employees, is the individual owned housing Provident Fund shall, in accordance with the provisions of these measures and use, no unit or individual shall not be appropriated for other purposes.
Fourth of municipal housing Provident Fund Management Committee (hereinafter "the housing Provident Fund Management Committee") is in the administrative area of the city housing accumulation fund management decision-making body.
Municipal Housing Fund Management Center (hereinafter "Municipal Fund Centre") is directly under the Municipal Government of not-for-profit institution, is responsible for the unified management of the housing accumulation Fund and within the administrative area of the city operate; the setting up of the branch, the Department of management to implement authorization management, housing provident fund housing Provident Fund management responsibilities within the scope of authority of the Centre.
Fifth article of the municipal people's Governments at various levels shall strengthen the management of housing accumulation Fund, extend housing Provident Fund deposit and other related management in the local Government's annual target.
Finance, housing and urban-rural development, human resources and social security, Home Affairs, industry and commerce, the State-owned assets supervision and administration, supervising the inspection, the quality and technical supervision, public security, taxation, statistics, auditing, supervision, trade unions and other departments and organizations shall, in accordance with their respective responsibilities, cooperative housing Provident Fund management related work.
Article sixth housing Provident Fund Management Committee of the housing Provident Fund management decisions, storage of municipal centres of provident funds, bank accounts, financial supervision principles.
Seventh, Provident Fund Management Committee should be in accordance with relevant regulations of the people's Bank of China, designated delegate for housing accumulation Fund financial business of commercial banks (hereinafter the "authorized bank"); by the Municipal Fund Centre sign an agency agreement with the entrusted Bank and authorize it for housing accumulation Fund financial business.
Chapter II pay
Article eighth unit and its workers every month, paid in full the housing accumulation Fund, the employees responsible for the relevant payment procedures.
Employee housing Provident Fund deposit, by the unit to withhold from the wages paid each month.
Housing Provident Fund should be paid for any workers who have paid into the Housing Fund of the Centre of housing accumulation Fund of valid documents.
Article new units shall be set up within 30th of, relevant information, Provident Fund, to the city centre flats and housing Provident Fund deposit procedures.
Tenth flat on merger, Division, dissolution, bankruptcy, dissolution or restructuring situations, unpaid or underpaid Housing Fund, shall be included in the labor claim settlement, unable to pay Housing Fund, should make clear the housing Provident Fund deposit liability.
11th new work or mobilization of the workers and units shall, from the date of hire 30th, the redeployment of units shall be redeployed within 30th of, housing, provident Centre, holding relevant information to employees Provident Fund account or transfer.
New work of employees from work started to pay Housing Fund for the second month, transfer date of the redeployment of units from the payment of wages of workers paid into the Housing Fund.
12th company name, address, legal representative or head of the workers ' names, identity card numbers, change, shall from the date of change within 30th, provident Centre, holding relevant information to register such changes.
13th units with termination of labor relations of employees, units shall, from the date of termination of labor relations in the 30th, holding relevant information to Municipal Fund Centre for transfer or storage procedures.
Article 14th month employee housing Provident Fund deposit amount of my previous year's average monthly wage of workers housing Provident Fund deposit ratio multiplied by the workers but new to the work and mobility of workers ' Housing Fund month paid for my monthly wage multiplied by the Trade Union of workers of housing Provident Fund deposit ratio.
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.
15th of municipal, district (County, City), the average monthly wage of the workers housing fund calculated in accordance with the following provisions:
(A) the normative subsidies after the administrative units (including public institutions) and workers, according to the public after the task rate, level of salaries and allowances, subsidies provided one-time bonus, end of the consolidation;
(B) introduction of performance-related pay and workers, according to a revised salary, salary wages, pay-for-performance consolidation;
(C) introduction of performance-related pay and workers, according to a revised salary, salary scales for wages and subsidies, end of one-time bonuses together;
(D) the average monthly wage of the workers housing fund, include basic wages, seniority pay and benefits wages, hourly wages, allowances and subsidies, various bonuses and overtime pay.
, Provident Centre, 16th year, statistics released by the Department, shall, in accordance with the previous year and workers average monthly wage and the municipal human resources and social security announced by previous year's minimum wage of fully employed staff, determine the monthly deposit amount, minimum standards of housing accumulation Fund of the year, and announced to the public.
Field units in the city, according to the competent units of the same standard. 17th employee housing Provident Fund deposit ratio and unit shall not be lower than the previous year's average monthly wage of employees 5%, according to the economic development can increase.
Deposit ratio developed by the housing Provident Fund Management Committee, examined by the municipal people's Government, submitted to the provincial people's Government approval before implementation, and to the public.
18th payment difficulties of housing accumulation Fund, discussed by the representatives of the employees or the Trade Union of the unit after the adoption, may appeal to the Municipal Fund Centre decrease deposit ratio or payment application, Provident Fund, Provident Fund Management Committee, in accordance with the mandate of the Centre approval before implementation, economic efficiency has improved, some tax increase deposit ratio or to pay.
Article 19th units and workers paid interest on housing accumulation funds and complying with the provisions of the settlement, in accordance with the relevant provisions of the State is exempt from personal income tax.
Article 20th paid housing Provident Fund for employees, in accordance with the relevant provisions of Liechtenstein.
Budget expenditures, the financial sector should be on a monthly basis, adequate funds and Housing Fund.
Chapter extraction and use
Article 21st workers have one of the following situations may apply for extraction and use my stored within the housing accumulation Fund account balances:
(A) the purchase, construction, renovation, major repairs of owner-occupied housing;
(B) housing to pay land revenue or affordable housing to pay land leasing;
(C) reimbursement of personal property loan principal and interest;
(D) to institute a retirement;
(E) complete loss of ability to work, and termination of an employment relationship;
(Vi) to settle down;
(G) termination of labor relations, women's 45 years of age, 50 years of age;
(VIII) and termination of labor relations under 1 year or transferred to the centralized storage over 1 year (1 year) and not establishing a new labor relations;
(IX) non-household registration and termination of labor relations in the city;
(J) the subsistence allowances for urban residents;
(11) the tenants in owner-occupied housing rents beyond certain proportion of family income;
(12) person, spouse or minor children with special diseases;
(13) major emergencies cause especially difficult family life;
(14) agreed to extract other Provident Fund by the city center.
In accordance with the preceding paragraph (d) to (I) provide staff housing fund, which should include cancellation of employee housing Provident Fund accounts.
Municipal Fund Centre should be according to the needs of the departments of Civil Affairs, provides information about extraction of workers housing fund of minimum life guarantee.
22nd the employee dies or is declared dead, their 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. Article 23rd extraction of workers housing fund, shall be submitted to the Municipal Fund Centre to the extraction of unit verification application form and present measures article 21st, 22nd provides relevant information and proof issued by the relevant departments.
Information submitted by the Trade Union should be real and valid.
24th Municipal Fund Centre shall from the date of accepting an application for extracting in the 3rd, to meet the conditions, for the extraction procedures; do not meet the conditions, and return the relevant information and explain the reasons.
The fourth chapter loans
25th deposit of housing accumulation Fund of the employees within the administrative area of the city purchase, construction, renovation, major repairs in owner-occupied housing, you can apply for a housing loan.
26th housing common reserve fund loan purchase down payment, loan maximum length, maximum loan amount, Provident Fund Management Committee decides, in accordance with State regulations, and implementation.
27th applied for housing accumulation Fund loan, shall comply with the following conditions:
(A) continuous paid housing meet the stipulated deadline;
(B) with full capacity for civil conduct;
(C) repaying ability;
(D) good credit records;
(E) comply with the law and guarantee conditions of the purchase contract or other approval documents;
(F) purchase down payment shall not be less than the calculation of amounts payable pursuant to the provisions;
(G) housing Provident Fund Management Committee to determine the other conditions.
28th application housing accumulation Fund loan workers, shall truthfully submit to the Municipal Fund Centre verified by the unit to which the loan application form and information required for loan. Municipal Fund Centre accepting loan applications from the date in the 15th, the decision to grant loans or disapproving loans.
Loan is granted, by the entrusted Bank loan procedures; disapproving loans, should be returned to the application and explain why.
29th, Provident Fund Centre shall establish and improve risk prevention of housing accumulation fund system, perfection of housing accumulation Fund loan guarantees, loan management and other systems, and effectively guard against credit risks.
30th the early repayment or one-off housing Provident Fund loans early repayment of all principal and interest, in accordance with the loan contract, entrusted with the Bank shall not charge the borrower for breach of contract.
31st entrusted Bank and approved by the Municipal Fund Centre to host housing accumulation Fund loan guarantee agency (hereinafter "security agencies"), shall, in accordance with obligations stipulated in the contract, housing accumulation Fund loan processing, distribution, collection and collection overdue work.
Article 32nd, reserve Center, was entrusted with banks, guarantee institutions shall provide workers to apply for housing accumulation Fund loan facilitation services, not for various reasons prevented or disguised cases of blocking of workers eligible for housing accumulation Fund loan applied for housing accumulation Fund loan.
Article 33rd when commercial real estate development enterprises in the sale, shall not prevent the purchase workers ' choice of housing accumulation Fund loan, or increase the adverse conditions, different price.
Supervision and administration of the fifth chapter
Article 34th sectors such as finance, audit, people's Bank shall, in accordance with their respective responsibilities, management of the housing accumulation Fund and the use of conducting supervision and inspection, Municipal Fund Centre and entrusted with the Bank shall accept and cooperate with the inspection.
35th value-added benefits of the housing Provident Fund shall be deposited into a special value-added benefits of housing accumulation Fund account, and for the establishment of housing accumulation Fund loan risk provisions, housing Provident Fund management costs of the Centre and the construction of affordable housing supplement.
Article 36th deposit unit shall designate a person responsible for the housing Provident Fund management unit, responsible for housing Provident Fund deposit registration, account, daily remitted, change, reconciliation, and other services, and the establishment of housing accumulation Fund Unit auxiliary account.
37th, right of unit deposited Provident Fund Centre housing accumulation funds and establish secondary accounts are checked. Housing Provident Fund management units should be strictly enforced rules, Provident Fund, actively cooperate with the Center checks, provide employment and payroll, financial reports and other information relating to the deposit and Housing Fund, shall not be denied.
Municipal Fund Centre unit to provide information should be confidential.
Article 38th Municipal Fund Centre should be agreed upon in the contract for entrusted Bank housing financial businesses to carry out assessment.
Entrusted with the Bank, provident funds, contractors of housing accumulation Fund financial operations shall be subject to supervision and inspection center.
39th of Municipal Fund Centre should establish a sound internal management system, for the setting up of the Center, the Department of management of the housing accumulation fund management and supervise business.
40th Municipal Fund Centre should be announced to the public on a regular basis by the city last year housing Provident Fund Provident Fund Management Committee to examine and approve the aggregate usage and related financial statements, subject to public supervision.
41st employee, stored in units of housing accumulation Fund accounts balances disagrees, may apply to the Municipal Fund Centre for review. 42nd article violates provisions of the housing Provident Fund management, workers have the right to complain to the Municipal Fund Centre, to report.
Municipal Fund Centre shall promptly investigate and deal with, and inform whistleblower complaints, the processing result.
Provident Fund centers violate the provisions of the housing Provident Fund management unit, Fund, and workers have the right to Management Committee and the Department of finance, audit, monitoring, reporting, related departments should be dealt with according to law.
Chapter Sixth penalty
43rd article violates these rules, do not handle housing Provident Fund deposit is registered or not for workers housing fund account set up procedures, handled by the Municipal Fund Centre ordered; fails to go through, the fines of between 50,000 yuan and 10,000 yuan.
44th article violates these rules, units not unpaid or underpaid Housing Fund, Municipal Fund Centre ordered to deposit fails to deposit, you can apply to a people's Court for compulsory execution.
45th article violates these rules, interception or misappropriation of housing accumulation Fund, Municipal Fund Centre reported to the administrative authorities for permission to legally recover interception or misappropriation of Housing Fund, and confiscated illegal income of responsibilities, in accordance with State Council regulations of the housing Provident Fund management provisions of 41st accountable.
46th in violation of relevant laws and regulations and these rules extraction by deception or the granting of housing accumulation Fund of housing accumulation Fund loan, granted by Provident Fund withdrawal decision of extraction or of housing accumulation Fund loan deadlines for returning illegally extracted or the loan amount of housing accumulation Fund, stopped their application over time using eligibility for housing accumulation Fund constitutes a crime, criminal responsibility shall be investigated according to law.
47th article violates this regulation entrusted banks, guarantee agencies, is not in accordance with the signed contract to fulfil a contractual obligation, or violation of regulations in the housing Provident Fund entrusted business by the Municipal Fund Centre ordered to rectify; refuses, delegate to a basis contract agreed to suspend its operations.
48th real estate development enterprises in violation of the regulations, when the sales of commercial housing block buyers who select the housing accumulation Fund loans, increasing negative conditions, different sales prices by the Municipal Fund Centre rectification; refuses, by the Department of housing and urban-rural development recorded in the bad credit record, be publicized.
49th housing Provident Fund Centre and his staff have violated these rules, abuse their powers, neglect their duties, engage in the housing Provident Fund management, by the competent authorities for its staff and other persons responsible be dealt with according to the relevant provisions.
The seventh chapter by-laws
50th in Guizhou province railway units and employees ' deposit, withdrawal and use of housing accumulation Fund, in accordance with the measures implemented. 51st these measures come into force December 1, 2011.
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