Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351933.shtml
Jinan City Housing accumulation fund management approach
(May 16, 2011 the 77th meeting of the people's Government of Jinan City considered by Government order No. 244, Jinan on May 24, 2011 release come into force July 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, according to the housing Provident Fund management regulations of the State Council (hereinafter referred to as the regulations) and the provisions of 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 funds and deposit, use, management and supervision.
Article within the administrative area of the City State, in Jinan, and city and County (City), State organs, public institutions at all levels, all types of enterprises, privately-run non-enterprise units, social organizations (hereinafter referred to as units) and their employees should be paid according to law the housing accumulation Fund.
Fourth, Jinan City Housing accumulation Fund Management Committee (hereinafter referred to as the Provident Fund Management Committee) is the decision-making body of the city's housing accumulation fund management. Jinan housing Provident Fund management centres (hereinafter referred to as the Provident Fund), in charge of housing accumulation fund management and operation within the administrative area of the city.
Provident Fund Centre can work, in accordance with the principles of efficiency to streamline, in accordance with the provisions of the counties (cities) to set up branches to work.
Urban and rural construction, civil affairs, finance, human resources and social security, auditing and statistics, housing management, industry and commerce, quality supervision, taxation, the people's bank sector in accordance with their respective responsibilities, to coordinate the implementation of these measures.
Fifth housing Provident Fund management to implement a Provident Fund Management Committee decisions, storage of centres of provident funds, bank accounts, financial supervision principles.
Sixth individual and organization of housing Provident Fund for employees paid, all belong to the individual.
Housing Provident Fund for employees to purchase, construction, renovation, major repairs in owner-occupied housing, no unit or individual shall not be appropriated for other purposes.
Article seventh CPF Centre should establish and improve the information management system, and establish a sound system of internal control and management systems, control risks, safeguard security and capital preservation and appreciation for the housing Provident Fund deposit units and individuals to provide convenient and efficient services.
Chapter II administration of pay
Article newly created units shall, from the date of establishment of provident fund housing Provident Fund deposit registration center in the 30th, and from the date of registration of Provident Fund Centre in the 20th audit files, entrusted with the Bank as the workers housing fund account, established procedures.
Unregistered units before the implementation of these measures shall be deposited within the prescribed time limit for registration in the Fund Center.
Each employee can have only one housing accumulation Fund accounts.
Nineth organization name, address, legal representative or the employees ' names, identification numbers and other information changes, the unit or the worker shall from the date of change in the 30th to the Provident Fund Centre for registration of change. Tenth shall promptly for newly hired workers to set up housing accumulation Fund accounts. New work of employees from work started to pay Housing Fund for the second month.
New employees transferred from the redeployment of units paid date paid Housing Fund, employee personal housing accumulation Fund account work should be integrated into the new account. Work in accordance with the provisions for employee housing accumulation Fund account transfer procedures, employees can contribute to the Provident Fund Centre reports.
Verified, submitted pursuant to staff Provident Fund Centre effective evidence for the account transfer procedures directly. 11th housing Provident Fund deposit ratio by the unit choose according to their own circumstances, but shall not be lower than the monthly salary of 5%, shall not be higher than 12%. Each unit one deposit ratio can be set within one year, and can be raised gradually.
Personal deposit ratio and proportion of unit deposited should be the same.
The 12th highest monthly deposit base units and employees ' housing Provident Fund shall not exceed the municipal Statistics Bureau published the monthly wage of staff and workers of the year 3 times.
Average monthly wage of workers shall, according to the National Bureau of provisions included in the total wage bill of the project (that is, in line with the Central and provincial and municipal regulations, form of currency is issued to the individual of all wages, bonuses, allowances, subsidies project).
13th Provident Fund Centre shall annually in accordance with the provisions of national and provincial standards, development of housing accumulation Fund months upper and lower limits of the amount of deposit, upon approval by the Fund Management Committee to the public. 14th unit shall be paid in full and on time for the employee Housing Fund, shall not be reduced or delayed payment of; failing to deposit, should pay.
Payment amount by not paying the monthly deposit base and proportion.
Unit does not provide wages or workers ' wage dispute provided, verification by the Provident Fund Centre; still unable to confirm shall be according to the municipal Statistics Bureau published the annual workers ' monthly salary calculation.
15th enter into labor contracts with the workers, you can set out the provisions reflected pay housing fund. 16th worker deposit section, by the unit to withhold from the wages paid each month. Deposit base equal to or less than the city's minimum wage last year, workers can apply for exemption, after verification by the unit, Provident Fund Center.
Provident Fund Centre should in the 30th to grant exemption from or not to exempt from the decision.
The 17th unit terminate labor and employee relations, does not implement re-employment, units shall, from the date of termination of the employment relationship in the 30th to the entrusted bank employee housing Provident Fund accounts hold procedures; after reemployment, handled by the former seal transfer.
18th unit has one of the following situations, adopted by the representatives of the employees or the Trade Union Committee of the entity, you can apply for a housing Provident Fund deposit ratio:
(A) operating at a loss, without the ability to perform to pay Housing Fund, or in default of payment of the housing accumulation fund amounts to more than 3 times the amount payable for the year;
(B) workers ' monthly salary is lower than the city's average monthly wage of employees 50% for the last year.
Article 19th decrease deposit ratio of the unit shall submit the following documents to the Provident Fund Centre:
(A) the written application to decrease deposit ratio;
(B) resolution of the representatives of the employees or the Trade Union Committee;
(C) financial reports or audit reports;
(D) the inventory of units housing accumulation funds remitted;
(E) annual wages of staff and workers on the table.
Provident Fund Centre shall from the date of receipt of the application review and approval of the Provident Fund Management Committee in the 30th.
20th unit has one of the following situations, adopted by the representatives of the employees or the Trade Union Committee of the entity, you can apply for suspension of housing accumulation Fund:
(A) in a State of production, running at half capacity;
(B) salary suspended for more than 6 months;
(C) due to heavy losses;
(D) approved the payment of old-age insurance and unemployment insurance.
21st to the Provident Fund Centre for application for holdover of the unit shall submit the following documents:
(A) payment of a written application;
(B) resolution of the representatives of the employees or the Trade Union Committee;
(C) financial statements;
(D) prior year documentation of employee payroll or human resources and Social Security Department.
Provident Fund Centre shall from the date of receipt of the application review and approval of the Provident Fund Management Committee in the 30th. The payment period shall not exceed 1 year.
Still have the capacity to pay of the expiry of payment, shall apply within the expiration date of 30th payment procedures.
22nd applications reduce the deposit ratio, or payment of the unit to resume normal operations, economic efficiency improved, shall restore the original deposit ratio owed payment of tax or to pay housing fund.
23rd article merging, Division, before the revocation, dissolution, bankruptcy or restructuring, it should be for employees to pay arrears (including unpaid and underpaid) Housing Fund.
Merger, Division, dissolution, disbandment, restructuring, inability to pay housing fund shall be approved by Department of housing Provident Fund deposit liability, provident Centre after filing, apply for merger, Division, dissolution, disbandment and reform and other related matters. Insolvency unit shall, from the date of approval to enter bankruptcy proceedings in the 30th by the original unit or clearing organization to verify the outstanding amount of housing accumulation Fund Provident Fund Centre.
Pay Housing Fund for employees of bankrupt enterprises should be resolved by the money from enterprises in liquidation. 24th for failing to pay housing fund units, Fund Centre shall issue a reminder notice. Outstanding unit shall be informed within 30th of one-time pay outstanding amounts.
In default of payment of a large sum, not a one-time payment, units should be made to pay plan, after examination by the Provident Fund centre stage to pay.
25th under any of the following circumstances, employees can apply for the extraction of housing accumulation Fund account balances:
(A) the purchase, construction, renovation, major repairs of owner-occupied housing;
(B) reimbursement of owner-occupied housing loans;
(C) officially retired;
(D) complete loss of ability to work, and termination of an employment relationship;
(E) to settle down;
(F) rent out of living family members wage requirement;
(VII) working out of the city and a new job set up personal housing accumulation Fund account;
(H) the subsistence allowances for urban residents and the need to pay the rent or fee;
(IX) unemployment and labor relations for more than two years, males over the age of 50, women over the age of 45;
(J) accounts not this city workers in this city, and with the labor relations unit and leave the city;
(11) the death or declaration of death;
(12) other circumstances as determined by the Fund Management Committee.
Because of the preceding paragraph (a), (b), (f), (h) the extraction line of housing accumulation Fund, shall not exceed the actual amount incurred in the current period.
26th employee applications for extraction of housing accumulation Fund, shall submit the following materials:
(A) unit verification certificates and certificates issued by extraction;
(B) ID card; (C) the relevant supporting documents.
Others to apply for, it should submit a power of Attorney and agent ID card.
27th Provident Fund Centre should meet the extraction conditions of approval in a timely manner; needs investigation and verification, shall from the date of acceptance of the application in the 3rd to approve the extraction or not to extract a decision and notify the applicant in writing.
28th article meets the following conditions, workers can apply for a housing loan:
(A) the purchase, construction, renovation or repair common in owner-occupied housing;
(B) loans paid by the time the housing accumulation Fund deadlines;
(C) have a stable income and repayment capacity, individual credit in good condition;
(D) did not occur, or has fully repaid the housing accumulation Fund loan
(V) other conditions stipulated by laws and regulations.
Article 29th of housing accumulation Fund loan maximum, maximum age and homebuyer down payment from a provident fund Centre in accordance with national policies and in this municipality of timely adjustment programmes, Provident Fund released to public after approval of the Management Committee.
30th Provident Fund Centre entrusts the Bank to handle the housing accumulation Fund loan formalities.
Provident Fund and entrusted the Bank shall perform their duties according to the contract the contract, establishing risk prevention mechanism to ensure security.
31st employee applying for a housing loan, shall submit the following documents to the entrusted Bank:
(A) personal loan application form, personal and common people of repayment (guarantor) identity cards, register together and promise to repay (guarantees);
(B) marital status;
(C) I and common people of repayment (guarantor) organization providing personal credit;
(D) valid guarantee certificates;
(V) other materials required by the Provident Fund Centre.
32nd entrusted Bank within 5 working days from the date of receipt of the application at first instance, eligible Fund Centre for approval.
Provident Fund shall receive from the Center entrusted the Bank to submit information within 5 business days from the date of granting loans or not to loan decisions.
Loan is granted, entrusted with the Bank loans shall within 5 working days on the applicant.
33rd employee early repayment of part of the housing accumulation Fund loan principal and interest or a one-time advance full repayment of loan principal and interest, was entrusted with the Bank shall not be charged for breach of contract.
34th entrusted Bank housing Provident Fund after the closing of the year should be to provide statements in the 30th, and shall promptly inform the employee in writing. Employees ' right to access my housing Provident Fund deposit, withdrawal, balance and so on; disagrees, you can apply to the Provident Fund Centre review.
Authorized banks, provident Centre shall give a written reply from the date of receipt of the application in the 5th.
35th commissioned by entrust the Bank shall, in accordance with the contractual agreement, completes the housing accumulation Fund loan origination, account, recovery and collecting overdue loans and so on.
36th real estate development enterprises and marketing enterprises apply for housing accumulation Fund loan staff should be facilitated. 37th ensured of paid workers extract and individual housing loans, sufficient provision for reserve under the premise, Provident Fund Centre in accordance with procedures approval of the relevant departments of the State, will be within 50% of the housing Provident Fund balance funds for affordable housing construction loans.
Specific scope and project management in accordance with the relevant provisions.
Article 38th provident funds centers ensure that housing normal extraction and loans under the financial sector review, approval of the Provident Fund Management Committee, housing accumulation Fund can be used to buy Treasury bonds, but shall not engage in repurchase or authorize the financing business, it is strictly forbidden to buy Treasury bonds as collateral, guarantee business.
39th value-added benefits of the housing Provident Fund shall be deposited into a fund Centre entrusted with the Bank that value-added benefits of housing accumulation Fund accounts, the two lines of income and expenditure management, and used in accordance with State regulations.
Supervision and administration of the fourth chapter
40th finance and audit departments shall, in accordance with their respective mandates, to strengthen the housing accumulation fund management and supervision over the use of.
41st Provident Fund Centre check the law it shall be paid into the Housing Fund, urging its paid on time and in full. The units under inspection shall provide relevant information shall not be refused.
Provident Fund Centre to record, copy the relevant information, but shall be liable for the duty of confidentiality.
42nd Provident Fund Centre shall establish an internal auditing system, the housing accumulation fund management and supervise business.
43rd Provident Fund Centre housing Provident Fund accounts shall be established by law, establishing employee housing provident funds breakdown of employees ' pay and housing of valid documents.
44th Provident Fund Centre shall not be any of the following acts:
(A) entrust the Provident Fund Management Committee to appoint institutions other than banks for housing accumulation Fund financial business;
(B) illegal approval to extract housing provident fund housing Provident Fund deposit ratio, auditing change housing tax or Fund;
(C) illegal loan;
(D) illegal to buy bonds or corporate bonds, or entrust to others to provide security. 45th employee right to expose, inform without paying, pay less, misappropriation of housing Provident Fund Act.
Provident Fund Centre should in the 30th after receiving the complaints, the report put forward opinions and written replies.
The fifth chapter legal liability
46th in violation of the regulations, do not handle housing Provident Fund deposit to register or not for staff housing accumulation Fund account set up procedures, ordered by the Provident Fund Centre to handle; fails to go through, the fines of between 50,000 yuan and 10,000 yuan.
47th in violation of provisions of this approach, units not unpaid or underpaid Housing Fund, ordered by the Provident Fund Centre deposit still not paid overdue, may request the people's Court for compulsory execution.
48th real estate development companies, sales companies blocked or disguised to prevent housing common reserve fund loan, urban construction administrative departments shall be ordered to correct; it refuses, in enterprises shall be recorded in the credit file.
49th article by deception, illegal extraction I stored within the housing accumulation Fund account balances, provident Centre should be ordered to return the amounts raised by the law, may be fined not more than 1000 Yuan.
By deception, illegal extraction of stored within the housing accumulation Fund account balances by others, by the public security organs in accordance with the punishment constitutes a crime, criminal responsibility shall be investigated according to law.
50th article by deception, illegal access to housing loans, provident Centre shall order the borrower's loan amount by the deadline to return the illegal, recorded in the personal credit record, and may be fined not more than 1000 Yuan constitutes a crime, criminal responsibility shall be investigated according to law.
51st Provident Fund Centre in violation of the measures set forth in the 43rd, 44th, and Ministry departments responsible, competent personnel and other persons to give notice of criticism in serious cases, penalties constitute a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles
52nd article this approach by said on-the-job workers is refers to: in units in the work, and by units paid wage of various personnel (not containing foreign and the Hong Kong, and o, and Taiwan personnel), including and units signed labor contract or meet human resources social security sector finds of formed facts labor relationship of on-the-job workers and due to learning, and disease injury maternity leave (6 months within), reasons temporarily not work, still by units paid wage of personnel.
53rd construction mentioned in these measures refers to the land and resources, planning, urban and rural construction approved by sectors such as the construction of owner-occupied housing.
Rebuilt refers to land and natural resources, planning, urban and rural housing construction sector approved removal, prior design, build again. Overhaul is defined by the local Housing Department identified as severely damaged rooms, buildings, and needs affect or replace housing part of the main component, but does not need to be removed, and one-time costs in the cost of the new buildings of similar structure to 25%.
General home improvement, decorating, repair, repair is not overhaul. 54th these measures come into force July 1, 2011. On March 21, 1993, Jinan City, Jinan City, issued by the people's Government of the housing Provident Fund regulations repealed simultaneously.
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