Hebei Province Housing Provident Fund Management Approach

Original Language Title: 河北省住房公积金管理办法

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Hebei province housing Provident Fund management approach

    (Hebei provincial people's Government on December 29, 2008 at the 25th Executive meeting on December 30, 2008, Hebei provincial people's Government [2008] 14th release come into force February 1, 2009) 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, promote the construction of urban housing, improving the living standards of urban residents, according to the State Department the housing Provident Fund management regulations and the provisions of other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article this regulation is applicable in the province within the administrative area of the housing Provident Fund deposit, withdrawal, use, management, and supervision.

    Article housing accumulation funds by 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 employed common deposit. Conditions of urban units employing migrant workers, employers and employees can be paid into the Housing Fund.

    Urban self-employed and freelance workers can apply for payment Housing Fund.

    Fourth employee paid housing units and employees paid housing Provident Fund for employees, all belong to the individual.

    Staff have requested the unit required the establishment of housing accumulation Fund account and the right to make full payment of housing accumulation Fund.

    Article fifth housing provident fund housing Provident Fund should be used to pay workers and urban self-employed and freelance workers (hereinafter referred to as the depositor) the purchase, construction, renovation, major repairs in owner-occupied housing, no unit or individual shall not be appropriated for other purposes.

    Sixth provincial construction Administrative Department, in conjunction with the Ministry of finance, as well as the rules of provincial bodies, in charge of the province, within the administrative area of the housing Provident Fund management regulations, the supervision of the implementation of the policy.

    Any unit and individual have the right to expose the seventh article, report or charge against the housing accumulation Fund deposit, withdrawal of, use, management, and supervision violations.

    Chapter II Organization and function The eighth city divided into districts shall be established in accordance with relevant regulations of the State Housing Fund Management Committee (hereinafter referred to as the Management Committee), as decisions of the housing Provident Fund management institutions. Establishment of the Housing Fund Management Center (hereinafter referred to as administrative center), responsible for the housing accumulation fund management and operations within their respective administrative areas.

    The County (city, district) not to set up a management centre.

    The Nineth housing Provident Fund management, the Management Committee shall perform the following duties:

    (A) pursuant to the relevant laws, regulations and policies, formulation and adjustment of the specific measures for the management of the housing accumulation Fund and supervise their implementation;

    (B) the elaboration of specific housing Provident Fund deposit ratio;

    (C) determine the maximum loan amount of the Housing Fund;

    (D) determined by the commissioned housing accumulation Fund financial business of commercial banks (hereinafter referred to as authorized banks);

    (E) the approval of housing accumulation Fund collection, report of the scheme as well as the implementation of the plan;

    (Vi) consideration of value-added distribution of housing accumulation Fund programme;

    (G) hearing at the departments of finance, people's Bank of China branch to finance the housing accumulation Fund supervision, supervision of financial business notification Center rectification according to the audit report and management report, and the resolution or opinion;

    (VIII) consideration of proposed write-off of bad debts, provision for bad debts of the Housing Fund Management Center applications and for social dissemination of the annual bulletin of housing accumulation Fund;

    (IX) other matters requiring decision.

    Tenth Commission proposed regulations or the rules of procedure should be executed after the district municipal people's Government for the record, after the adoption of resolution shall be submitted to the Conference of district city people's Government, the provincial people's Governments in charge of construction and financial sectors, the rules of the provincial record.

    Office of the Management Committee of the municipal people's Government in the District Office (the Office), responsible for the management of the conference organising, decision-making matters overseeing the work of the Committee.

    11th Central Administration shall perform the following management responsibilities:

    (A) the elaboration of specific measures for the management of housing accumulation Fund and supervise their implementation;

    (B) preparation of the collection, use, implementation of housing Provident Fund plan and organization, presentation of reports on the implementation plan;

    (Iii) extracting personal housing accumulation Fund for examination and approval and issuance of individual housing loans, buying bonds approved by the Management Committee;

    (D) records is responsible for employee housing Provident Fund deposit, withdrawal, use of;

    (V) is responsible for the accounting of housing accumulation Fund, guidance and oversight branch of internal auditing;

    (Vi) the value-added benefits of housing accumulation fund allocation, examined by the financial sector, after consideration of the implementation of the Management Committee;

    (VII) is responsible for the housing Provident Fund preservation and restitution;

    (VIII) is responsible for the branch and business manager network operations management authorization;

    (IX) establish management centers business management information system and its agencies, and networked with the superior housing fund administrative supervision departments;

    (J) the contractor management committees decide on other matters. 12th Management Center is located directly under the municipal government with the function of public administration institutions.

    Management Centre shall not be affiliated to any Department or unit shall be subject to any Department or unit offices, shall not operate or be involved in handling all types of economic entities.

    Management staff of the Centre shall not concurrently hold other administrative, public institutions and economic organizations.

    13th management according to business needs, according to the principles of streamlined efficiency, reasonable layout, in accordance with the provisions of the County (City) to set up branches or business outlets in charge; in the districts, the district can set up business outlets in charge, not to set up branches. To set up branches, should be submitted to the Management Committee agreed, after examination by the provincial construction Administrative Department, submitted to the provincial people's Government for approval.

    Set up business outlets in charge, shall be submitted to the Management Committee for approval.

    Branches and service outlets are not independent enterprise legal person in charge, not registered separately, perform their duties within the scope of authority in Central Administration shall not engage in business activities beyond the scope of authorized escrow service or other agencies.

    14th higher level Government and petroleum, coal and other districts, large independent industrial and mining areas and establishment of housing accumulation fund management of the railway system and the duties and scope of business according to the relevant provisions of national and provincial.

    15th Central Administration should implement e-Government, and branches, the electronic network of business outlets in charge to establish a unified business management system, published on the website of the business procedures and rules for the housing accumulation Fund account, deposit, withdrawal, loans, such as matter of convenience. 16th Central Administration should sign an agency agreement with the entrusted Bank, specify the rights, obligations and responsibilities of both parties.

    Commission contract shall be used by the provincial people's Governments in charge of construction in conjunction with the Ministry of finance, the rules of the provincial institutions to develop the contract demonstration text.

    17th construction Administrative Department shall, in conjunction with provincial financial departments operations management evaluation Management Center will be linked to the effectiveness of its work and the rewards and punishments, improve management and service level.

    Chapter III payment

    Management Center of the 18th article be comprehensive, accurate information about the units and their employees pay Housing Fund, the relevant administrative departments shall provide assistance.

    19th unit shall be registered to the Management Center housing Provident Fund deposit, and handle the account procedures, or after the examination by the management centre, entrusted with the bank account set up procedures.

    Urban self-employed and freelance workers paid into the Housing Fund, shall take the identity document, proof of residence and lawful income documentation to the local Center for paid registration and account set up procedures. 20th unit merger, Division, dissolution, bankruptcy, dissolution or restructuring situations, should pay for employees of unpaid or underpaid Housing Fund. Unit restructured merger, Division and inability to pay Housing Fund, it should be made clear housing Provident Fund deposit, can handle combination, separation and restructuring and other related matters.

    Units dissolved, disbanded or declared bankrupt according to law, the unpaid or underpaid housing Provident Fund should be included in the salaries owed to workers, the liquidation shall be included in the property at the time of the first liquidation order.

    21st 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.

    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.

    22nd urban self-employed and freelance personnel application deposit month paid salary base of housing accumulation Fund, calculated according to the depositor monthly taxable income the previous year, you can also press their districts, statistics released by the Department last year, the workers monthly salary calculation. 23rd housing units and employees Provident Fund deposit ratio shall not be less than the previous year's average monthly wage 5%. Conditions of the city, you can increase deposit ratio.

    Establishment and adjustment of the deposit ratio, drawn up by the Management Committee, after review by the people's Governments at the corresponding level, submitted to the provincial people's Government for approval.

    24th post staff in advance of the units, housing Provident Fund should be paid to the national statutory retirement age, has retired, retirement, resignation formalities no longer paid.

    Employees by the local minimum wage of salaried, employees can be exempt from the Housing Fund, but the employee organization shall be required to deposit ratio for workers paid into the Housing Fund.

    25th Housing Fund from the date of deposit the depositor personal housing accumulation Fund account, interest and interest calculation interest stipulated by the State.

    Article 26th Central Administration shall establish a personal housing accumulation Fund of deposit breakdown, document the housing Provident Fund deposit, withdrawal of staff.

    27th units should be paid in full by the specified time Housing Fund, shall not be paid or overdue pay less, may withhold workers ' Housing Fund does not pay. Losing two consecutive years and employees in units is less than 50% of the previous year's average monthly wage of employees in the local unit, may apply to reduce the housing Provident Fund deposit ratio. On the unit level is lower than the local average wage of staff and workers ' average monthly wage in the previous year to 30% units, you can apply for suspension of housing accumulation Fund, economic efficiency has improved, should further increase deposit ratio of tax or to pay housing fund.

    Old-age and unemployment insurance tax approved by the law, can apply to reduce the housing Provident Fund deposit ratio and slow to pay housing fund. Apply for housing tax decrease deposit ratio or, should be discussed by the representatives of the employees or the Trade Union of the unit through and examined by the Central Administration, reported to the Management Committee for approval before implementation.

    Decrease deposit ratio and postponement of the payment period shall not exceed one year, for more than a year, should renew the approval procedures. 28th the depositor in change work of the city divided into districts in the province, shall apply for housing accumulation Fund account transfer procedures; to work at the province, another area of the city, housing Provident Fund accounts shall apply for off-site transfer.

    On the facilities management centre shall be dealt with in a timely manner.

    The depositor to the provinces (regions and municipalities), the original deposit and management should assist in the transfer of the Centre.

    The fourth chapter extraction and use

    29th the depositor has one of the following, you can extract the stored within the housing accumulation Fund account balances:

    (A) the purchase, construction, renovation, major repairs of owner-occupied housing;

    (B) to institute a retirement or resignation;

    (C) settle down;

    (D) reimbursement of mortgage principal and interest;

    (E) be included in the local scope of the subsistence allowances for urban residents;

    (F) rent expenditures as a proportion of household income higher than that stipulated by the Management Board;

    (VII) in case of emergency, caused serious problems in family life;

    (H) the centralized storage accounts for more than two years did not continue to deposit or fails to apply for transfer;

    (I) the complete loss of ability to work, and termination of an employment relationship;

    (J) the army, going to school, and termination of an employment relationship;

    (11) be sentenced to penalties and termination of an employment relationship;

    (12) other circumstances that allowed by law to extract. The depositor dies or is declared dead, the depositor's heir, legatee can extract the depositor stored within the housing accumulation Fund account balances.

    No heirs nor legatees, the depositor stored within the housing accumulation Fund account balances into the value-added benefits of the Housing Fund. 30th employee compliance with provisions for extracting its housing Provident Fund balance of the account store, staff unit should be checked and proof of extract. Extraction of evidence other than the required proofs and information, provided by the employee, and take responsibility for its authenticity.

    Without the employee's consent, storage unit may withdraw workers housing fund account balances.

    Urban self-employed and freelance staff in accordance with provisions for extracting its housing accumulation Fund account stored balances, shall present the relevant evidence and information.

    Central Administration shall be from the date of accepting an application for extracting 3rd make an extract or to extract the decision and notify the applicant accordingly; admission to extract, by being entrusted with the bank payment procedure. 31st the depositor in the purchase, construction, renovation and overhaul in owner-occupied housing, may apply to the administrative center of housing accumulation Fund loan.

    Before the lenders to pay off the loan principal and interest outstanding shall again apply for a loan.

    Central Administration shall be effective as of the date of acceptance in the 15th to grant loans or disapproving loans 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 Central Administration.

    32nd applying for housing accumulation Fund loan depositor shall provide true and valid proof or information, and to provide security.

    Management Centre shall not be designated or disguised form of specifying security units or agencies. 33rd depositor in districts other than the seat of the municipality of paid housing fund purchases of owner-occupied housing, may apply to the purchase Management Center, where housing accumulation Fund loan, the purchase location Management Center should be treated as a local depositor for housing loans.

    Paid into the seat of the housing Provident Fund management centres should provide proof of depositor money paid into the housing accumulation Fund to assist efforts to investigate the depositor repayment ability and personal credit situation.

    34th no unit or individual may obstruct deposit eligible people, the use of housing accumulation Fund loan applied for.

    Development and construction of real estate development enterprises of commodity housing, affordable housing, the depositor to use housing provident fund housing loans should be facilitated and shall not obstruct, deny. 35th housing Provident Fund should be used according to law.

    Management Center to any entity or individual to provide security, housing fund may not be used in lending and real estate investment, management of stock, futures trading and other activities. Article 36th Management Center under the prerequisite of ensuring the extraction and Housing Fund loans, approved by the Management Committee, at the national and provincial provisions within the Housing Fund for the purchase of government bonds.

    Central Administration only in the interbank bond market or commercial counter primary market new issues of bonds held to maturity.

    Management Center housing accumulation funds shall not be used in repo or entrusting the business may not be buying Treasury bonds as collateral, mortgage guaranty.

    37th value-added income shall be deposited into the management of the housing accumulation Fund centres set up in the entrusted Bank of value-added income accounts for the creation of reserves, management of housing accumulation Fund loan risk management costs and urban low-rental housing supplement.

    Replenishment of reserves and low-rent housing loan risk management, according to the relevant provisions of the State and the province.

    38th article management overhead for two lines of income and expenditure management away from the Center, according to the standards set by the management centre compiled the annual total budget expenditures, level after the approval of the Finance Department, handed in from the value-added benefits of housing accumulation Fund financial, used by the finance allocated according to plan.

    Administrative expenses of the Management Center standard, by the provincial people's Governments in charge of construction in conjunction with the Ministry of Finance according to the cost is slightly higher than the national level institutions standard-setting, and increased funding for career management center.

    Supervision and administration of the fifth chapter 39th provincial construction Administrative Department shall establish supervision and management information system of housing accumulation Fund, real time monitoring of business operation management center, and in conjunction with the provincial Finance Department and the rules of the organizations at the provincial level, implement, carry out districts housing Provident Fund management law, regulation and policy of conducting supervision and inspection, and propose policy measures to improve the housing accumulation fund management system.

    Verified violations should be dealt with according to law.

    Provincial regulatory authority responsible for housing accumulation Fund of housing accumulation Fund supervision and management work.

    40th district municipal people's Government, the financial sector should be strengthened within the administrative area of the housing accumulation Fund collection, extraction and use of oversight, and to inform the Management Committee of the people's Governments at the corresponding level.

    In preparing the Housing Fund Management Center collecting, using plans, should seek the views of the financial sector.

    Management Committee approving the housing accumulation Fund collection, use the scheduling and planning of implementation reports, must have a district financial departments of the Municipal Government to attend.

    41st people's Bank of China provincial agencies should strengthen the entrusted the Bank to undertake the supervision and management of the housing accumulation Fund financial operations, urging related to entrusted banks strictly enforced financial laws and regulations, policies and responsibilities given to agreements signed with the Central Administration.

    42nd Audit Department of housing accumulation fund management and the use of authenticity, compliance, effectiveness of audit and economic responsibility audit of the Management Center.

    43rd Central Administration shall regularly to the Management Committee and the financial departments to submit financial reports and settlement within two months following the end of the year will be considered by the Management Board after the financial report to the public, subject to public supervision.

    Management Center should be in accordance with the regulations to the construction of provincial administrative authorities, submitted to the Housing Fund of the financial sector statistical reports, financial statements and other business data.

    44th Management Center and workers have the right to supervise unit fulfil the following obligations:

    (A) the housing Provident Fund deposit or change of registration, cancellation of registration;

    (B) the housing accumulation Fund account set up, transfer or storage;

    (C) the required adjustments in calculating months of housing accumulation Fund paid for monthly salary amounts and deposit ratio;

    (D) fully paid into the Housing Fund.

    The 45th according to stipulations can be paid into the Housing Fund Management Center of supervision and inspection. Units shall provide the employer and payroll, financial statements and other information relating to the deposit and Housing Fund.

    Information provided by the Central Administration Unit should be confidential. 46th Central Administration should urge the entrusted Bank entrust contract business in a timely manner.

    Delegate to a the Bank shall, in accordance with terms of the contract, assisting reminder the housing accumulation Fund Management Center, collecting overdue housing fund loans regularly to provide relevant business information management center.

    Entrusted with the Bank at the time of allocation of housing accumulation Fund, does not meet the policy direction has the right to not process, and inform the district city Management Committee, the provincial construction administrative departments and provincial agencies report of the PBC.

    47th management centre shall provide valid documents and paid paid paid housing Provident Fund.

    Management Center each year and paid into the unit and the depositor should be reconciliation, announced to the public housing Provident Fund accounts, and depositor to deposit units of housing Provident Fund account credentials. Deposit unit and the depositor has the right to query the unit, his housing accumulation funds deposit and withdrawal Management Centre, entrusted with the Bank shall not refuse, shall not charge a fee. Deposited and stored within the depositor of the housing accumulation Fund account balance has objections, may apply to the management centre or the entrusted Bank review.

    The management centre, entrusted with the Bank shall be from the date of receipt of the application within the 5th to give a written reply.

    The sixth chapter legal liability

    48th Management Committee decisions in breach of the laws, regulations and policies, by the provincial people's Governments in charge of construction in conjunction with the Ministry of Finance according to the management authority a rectification.

    49th article management centre and its staff violate these rules, any of the following circumstances, managed by the provincial construction administrative department based on the terms of reference of a rectification; the persons in charge and other direct liable persons shall be given administrative sanctions, administrative law enforcement qualifications constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) matters should be determined by decision of the Management Committee to make decisions, or Executive Management Committee decisions according to law, if the circumstances are more serious;

    (B) misappropriation of housing accumulation Fund of the contravention, or no boycott for ratification of acts of misappropriation of housing accumulation Fund, nor timely reporting to the authority;

    (C) publication of false financial reports to the community;

    (D) provide security to others;

    (E) refusing or obstructing supervision departments of supervision according to law;

    (F) for 3 consecutive years through the management assessment;

    (G) the duties of other administrative positions, institutions and economic organizations;

    (VIII) other acts of abuse of authority, dereliction of duty, favoritism, etc.

    50th article violates these measures stipulated in the 27th and 30th, unit commits any of the following circumstances, a rectification by the management centre, below 1000 Yuan fine for illegal gains from operating, fined a maximum of three times the illegal income, but shall not exceed a maximum 30,000 yuan, no illegal proceeds, fines of between 10,000 Yuan:

    (A) interception staff housing provident funds are not paid;

    (B) extraction workers housing fund account balance of storage without the worker's consent;

    (C) the application extracts issued false certificates of housing accumulation Fund for employees.

    51st in violation of the provisions article 30th, the depositor to provide false testimony or information extraction of housing accumulation Fund accounts stored balances, rectification by the management centre; it fails, less than 1000 Yuan fine.

    52nd article violation this approach 32nd article provides, deposit people provides false proved or information cheat housing Provident Fund loan of, by Management Center ordered deadline corrected, 1000 Yuan following of fine; for business activities has illegal proceeds of, at illegal proceeds three times times following fine, but highest shall not over 30,000 yuan, no illegal proceeds of, at 10,000 yuan following fine; constitute crime of, law held criminal.

    53rd in violation of paragraph II of this article 34th, obstruction, denial of the depositor to use real estate development enterprises housing provident fund housing loans, real estate development Department of the people's Governments above the county level rectification; it fails to be informed and make a record of bad behavior.

    The seventh chapter by-laws 54th these measures shall come into force on February 1, 2009.