Xining Housing Common Reserve Fund Loan Management

Original Language Title: 西宁市住房公积金贷款管理办法

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(June 3, 2005 20th meeting consideration of Xining municipal on June 14, 2005 70th Xining people's Government promulgated as of August 1, 2005) Chapter I General provisions article to regulate housing common reserve fund loan, protect legal rights of borrowers, according to the regulations of the housing accumulation fund management and other relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city housing common reserve fund loan management, should follow these procedures. Housing accumulation Fund loan refers to the Housing Fund for funding granted to workers who have paid into the Housing Fund for the purchase, construction, renovation and overhaul policy loans on owner-occupied housing.
    Owner-occupied housing including housing, affordable housing, housing, capital raising, rebuild houses, to build housing and so on.
    Third housing common reserve fund loan-loan combination, first saving and then loans, loan guarantees and the principle of voluntary.
    Article fourth Xining Housing Fund Management Center (hereinafter referred to as the Provident Fund Centre) for management of individual housing loans in Xining area agencies.
    Fifth personal housing accumulation Fund loan from Xining city housing accumulation Fund Management Committee in accordance with the relevant provisions of the specified, and commissioned by the Provident Fund Centre commercial bank (hereinafter referred to as Bank trustees). Provident Fund Centre for personal housing accumulation Fund loan risk.
    Fiduciary banking irregularities for personal housing accumulation Fund loans apart from accountability, and the risks borne by the trustee banks.
    Chapter II loans and conditions article sixth within the administrative area of the city where the purchase, construction, renovation and overhaul in owner-occupied housing and press pay Housing Fund for workers in the province, can apply for personal housing accumulation Fund loan. Seventh article borrowing people application housing Provident Fund loan should while has following conditions: (a) has this province resident account or effective residence identity, and has completely civil capacity; (ii) has stable of income, credit good, has reimbursement loan principal and interest capacity; (three) purchase housing of, must has legal of purchase contract or agreement, built, and rebuilt, and overhaul since live housing of, must has planning, and land management sector of approved file; (four) has purchase, and built, and rebuilt, and
    Overhaul in owner-occupied housing price 30% of the self-financing (v) agreed to fund and Bank Trustees approved way of security guarantees and (vi) other conditions stipulated by laws and regulations.
    Workers who have provident funds deposited are away from the city center, when applying for a housing loan, in addition to the conditions prescribed in the preceding paragraph, should also provide paid housing Provident Fund Provident Fund deposit certificate issued by the local Fund Management Department.
    Article eighth before borrowers pay back housing common reserve fund loan principal and interest, the borrower and his or her spouse should not once again apply for a housing loan.
    Chapter III of loan amount, term Nineth personal housing accumulation Fund loan amount and interest rate according to the acquisition or construction of housing prices, borrowers ' repayment ability and its housing accumulation Fund account balances determined, but 70% of the building shall not exceed the purchase price. Article tenth of housing accumulation Fund loan terms generally does not exceed the remaining length of the statutory retirement age of the borrower, and the maximum period shall not exceed 20 years.
    But approaching the mandatory retirement age within 5 years of the ability to repay the loan, the loan period may be extended by 1-5 years. 11th housing common reserve fund loan interest rate announced by the people's Bank of China personal housing accumulation Fund loan interest rates.
    Loan period if the national interest is adjusted by the regulation.
    Loan period less than 1 year (1 year), the implementation contract interest rate, no sectional interest; loan period of 1 year or more, legal interest rate adjustment, on on January 1 the following year according to the corresponding interest rate level to perform under the new rates. Fourth chapter loan program 12th article borrowing people application personal housing Provident Fund loan needed to Provident Fund Center proposed application, fill in personal housing Provident Fund loan application table and truthfully provides following information: (a) legal of identity proved; (ii) housing Provident Fund deposit proved; (three) borrowing people marriage proved; (four) stable of economic income status proved; (five) purchase, and built, and rebuilt, and overhaul since live housing not below 30% of first payment proved or raised funds proved; (six) purchase housing contract and the related information,
    Construction, renovation, major repairs of housing contract and related information (g) other relevant available information.
    13th the borrower should be personal housing accumulation Fund loan application form and commissioned by the Centre for information on the provisions of the preceding paragraph to pay Provident Fund trustee Bank, Bank Trustees of receipt of the application and meet the requirements of the information transferred to the Provident Fund Centre in a timely manner. Provident Fund Centre should be reviewed on the circumstances of the borrower before the loan from Bank trustees within 15 working days from the date of receipt of the information, the decision to grant loans or to loans.
    No decision within 15 working days, approved by the head of Provident Fund Centre, can be extended by 5 days, and shall inform the applicant of the reasons for such further period.
    14th as Provident Fund Center and to grant loans, loan contract signed by the borrower and the Bank and related agreements.
    15th use houses as collateral or pledge of securities, the need to enter into a mortgage (mortgage) contract for the mortgage or security freeze procedures.
    Mortgage of his warrants and securities custody custody valid credentials for the agent bank. 16th loan after completion of formalities, Provident Fund Centre entrusted with the Bank prove that loans issued notice of transfer.
    Notice of trustee Bank loans allocated according to the loan contract, amount and the accounts, loans.
    Chapter fifth loan guarantee 17th borrower applying for a housing loan, you must provide mortgage or pledge to the Provident Fund Centre.
    18th the borrower has available, total or a third party real estate mortgage, bonds can also be used, such as bank deposits Provident Fund Centre and trustee banks of securities pledged. (A) with existing home mortgage of, borrowing people should holding housing ownership card to property management sector handle housing he items warrants make trustee Bank custody; (ii) with auction (building engineering) mortgage of, borrowing people should and sale room party signed legal effective of housing sales contract, and to property management sector handle auction mortgage proved make trustee Bank custody; (three) second-hand mortgage property of now value, must after has qualification of assessment institutions assessment, and by Provident Fund Center and trustee Bank confirmed, Mortgage value highest shall not over mortgage property now value of 70%; (four) borrowing people to total or third people property mortgage of, must consent of total people or third people of agreed, and signed mortgage contract; (five) in property mortgage during, mortgage people has obligations properly custody good mortgage real, but has no right to rental, and demolished, and transfer, and sold, and gift, and again mortgage or to other any form disposition mortgage real, and has maintenance, and custody, and guarantee mortgage real intact of responsibility; (six) borrowing people with securities pledge of, Amount must not be less than the amount of the security interest. Securities handed over to the trustee bank deposit, and the pledge to freeze formalities, the borrower shall not be lost or early withdrawals for any reason.
    After the borrower to pay off the principal and interest in accordance with the loan contract, the agent banks pledge securities thaw, refund to the borrower, (VII) borrowers using real estate as collateral or pledge of securities, mortgage and pledge period, provident funds and entrusted with the Bank as collateral or pledge all the interests of the first beneficiary. 19th article borrowing people to family other members, and relatives of housing Provident Fund for guarantees pledge of, must has following conditions: (a) guarantor voluntary provides belongs to himself of housing Provident Fund for borrowing people guarantees, and signed guarantees book; (ii) guarantor of housing Provident Fund should by provides continuous paid, guarantor not handle housing Provident Fund borrowing, also not to others provides guarantees; (three) guarantor only for one borrowing people provides guarantees, guarantor account within of Provident Fund in borrowing people not paid borrowing zhiqian,
    Shall not apply to Provident Fund loan, deposit or guarantee; (d) when borrowers cannot repay the loan principal and interest, provident Centre reserves the right to sponsor the housing accumulation Fund account designated by law to withhold.
    Article 20th housing mortgage insurance, handled by the borrower to decide.
    21st borrower needs change, the reserve Center, trustee banks, borrowers and after consultations with the parties concerned agree, before they can go through the contract modification procedures.
    Deaths, was declared missing by the borrower, by the heirs or the custodian shall fulfill their loan contracts signed by the borrower. Sixth chapter loan repayment article 22nd loans shall, in accordance with the contract, repay housing accumulation Fund loan principal and interest.
    Loan period less than 1 year (1 year) and expired one-time debt; loan period of 1 year or more, by equal installments on a monthly repayment of the loan principal and interest repayments equivalent way. Article 23rd of a borrower's monthly loan payments based on the early repayment of all or part of the loan.
    Ahead of the loan, according to the contract of interest at the interest rate and the actual number of days.
    24th the overdue repayment of loan principal and interest, in accordance with the relevant provisions of the rules of the penalty interest.
    25th after a borrower to pay off the loan principal and interest, securities backed by Bank trustees will refund borrowers or to the mortgage register the cancellation of mortgage formalities.
    Chapter seventh loan supervision article 26th issue false purchase contract for sale of obtaining housing accumulation Fund loan, Provident Fund and entrusted the Bank has the right to call the housing accumulation Fund loan and hold home sales related legal liability.
    27th the borrower to provide false testimony to defraud the housing accumulation Fund loans, provident funds and entrusted with the Bank is entitled to terminate the loan contract to recover loans made, and prosecute the legal liability of the borrower. 28th provident funds and entrusted with the Bank is entitled to check on the use of personal housing accumulation Fund loan. Borrowers without changing the use of personal housing accumulation Fund loans for other purposes, from a provident fund and Bank trustees legally accountable.

    Article 29th Provident Fund Centre and its staff in the management of Provident Fund loans abuse, malpractice, neglect their duties, shall be given administrative sanctions if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    Eighth chapter supplementary articles article 30th Center for specific application of this approach from a provident fund is responsible for the interpretation.
                                                                                                                              31st article this way come into force on August 1, 2005.