Dalian Housing Policy Loan Management

Original Language Title: 大连市个人住房政策性贷款管理办法

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(October 16, 2003 Dalian Government 15th times Executive Conference considered through November 3, 2003 Dalian Government makes 35th, announced) first chapter General first article for deepening city housing system reform, support town residents purchase, and built, and rebuilt, and overhaul since live general housing, specification personal housing policy sex loan behavior, maintenance borrowing both of lawful rights and interests of, according to People's Republic of China guarantees method, and State housing Provident Fund Management Ordinance, and people's Bank of China
    Management of personal housing loan and the loan provisions of the General principles, based on actual city, these measures are formulated.
    Article referred to individual house policy loans (hereinafter referred to as loans), is in this city to participate in the housing Provident Fund deposit employee purchase, construction, renovation and overhaul since the inception of ordinary housing policy loans.
    Loan sources for: housing and other housing funds can be used.
    Third loan by Dalian municipal housing fund management center and its affiliates (hereinafter referred to as provident fund management centres), as well as housing Provident Fund Management Commission of the Bank (hereinafter referred to as Agent Bank). Second chapter loan conditions and range fourth article borrowing people application loan, should while has following conditions: (a) by this city housing Provident Fund Management provides, on time full deposit housing Provident Fund one years above; (ii) is in this city regional within purchase, and built, and rebuilt, and overhaul town since live general housing of housing ownership people or purchase public housing, and other no housing ownership housing of housing right people and and housing ownership people or housing right people common live of immediate family; (three) has stable of income, credit good,
    Have the ability to repay the loan principal and interest; (d) the purchase, construction, renovation, major repairs on homes the formalities, documentation and the self-financing ratio required by the Regulation; (v) provision consistent with the People's Republic of China Law of guarantee and fund management center of the validation of the assets provided as collateral or pledge; (vi) other conditions stipulated by laws, rules and regulations.
    Housing home ownership guarantee or collateral of the borrower to provide insurance, still need to go through the relevant formalities.
    Fifth article Provident Fund Management Center on has following behavior of borrowing people be loan: (a) built, and rebuilt, and overhaul since live housing ownership housing; (ii) by housing reform policy purchase now live public housing; (three) to owned or third party housing ownership for mortgage purchase public housing right and the other no housing ownership housing; (four) purchase listed trading of stock room; (five) purchase other general commodity housing.
    Purchase of commercial housing, the developer shall be signed with the Fund Management Center of the individual house policy loan agreement.
    Third chapter loan program sixth article borrowing people application loan should fill in loan application table, and to Provident Fund Management Center submitted following information: (a) legal of ID pieces (identity card, and booklet or other effective residence documents); (ii) purchase contract, and agreement or about sector approved built, and rebuilt, and overhaul housing of file; (three) mortgage real or quality real of listing, and ownership proved, has disposition right people agreed mortgage or pledge of proved and right to sector issued of mortgage real valuation proved;
    (D) other documents or information should be provided.
    In accordance with the approach set forth in seventh, 22nd, 23rd, you need to provide housing home ownership guarantee or mortgage insurance formalities, borrowers need to issue and guarantee company or insurance company signed a written document.
    Article seventh Fund Management Center received loan applications and to meet the requirements of a variety of information, loan review, as well as by its individual housing policy loan Review Committee to review the credit rating of the borrower, borrower loan guarantees, and in written responses to the applicant within the time limit.
    Eighth, upon examination of loans from provident fund management centres housing policy borrowing contract with the borrower (hereinafter referred to as the loan contract), make needed loans to the borrower, with its purchases of housing units (including developers) of homes for sale, Agent Bank to transfer funds to sell housing units in the bank account.
    The fourth chapter Nineth credit loan amount, term and interest rate = (the borrower's monthly payment of housing provident fund housing Provident Fund deposit ratio total/x35%+ the borrower's monthly payment total housing fund) x12x the loan period.
    Maximum loan amount, according to one or both of the borrower is to pay Housing Fund, combined with the Housing Fund and other funding of housing availability are identified, the city housing accumulation Fund Management Committee after the adoption of the implementation.
    Self-financing of total home purchase price and loan amount, according to the different housing types, respectively.
    Loan amount cannot exceed the maximum loan amount and the loan percentage.
    Borrower up to additional need loans can apply for part of the commercial loan. Article tenth limit on loan shall be determined according to the rules of the relevant.
    Loan and borrower age shall not exceed the statutory retirement age of the borrower.
    11th interest rate in accordance with the rules of the individual house policy enacted in the interest rate for loans. Borrower to prepay the loan principal, interest rate interest rate under the contract.
    The borrower exceed the term of the contract for loan repaying overdue charge penalty interest at a rate specified in part according to the rules of.
    Loans for a period of one year, the implementation contract rates, statutory interest, not sectional interest; loan period for more than a year, met the statutory interest rate adjustment, starting from next year, according to the corresponding interest rate level the implementation of the new rates.
    Chapter fifth loan repayment article 12th borrower shall contract for loan repayment, and repaying the loan principal and interest repayments.
                                          13th the borrower repay the principal and interest on a monthly, from two types of servicing in the choice of one of the following: (a) the method of equal repayments = number of months of repayment of the loan principal x monthly rate x (1+ month) monthly repayment of the loan principal and interest amount =----------------------------
    Months of repayment (1+ per month)-1 =tbl/> (b) equal principal repayment amount = loan principal repayment of the loan principal and interest each month =------+ (today loan-repayment of principal amount) x number of a monthly interest rate of loans for those who =tbl/>
    14th borrower prepayment of all or part, to fund management center of consent and go through the relevant formalities. When a partial payment in advance, each payment shall not be less than the prescribed amount.
    Covered by insurance, guarantees and the remainder returned after repayment of the loan. 15th borrower in Agent Bank to open a personal bank account and stored before each repayment date beyond the current period payments on deposits.
    Agent banks in accordance with the contract, the borrower each period to repay the loan principal and interest or pay late penalty interest and other related expenses are charged in a timely manner.
    Sixth chapter 16th loan mortgage borrower owned all the houses, shared or third parties as collateral, the mortgagor and the mortgagee shall enter into a written contract, Management Agency for registration of mortgage and real estate transactions.
    17th to purchase owner-occupied homes and all the houses owned or third parties as collateral for a loan, the value of collateral pledged as security for the loan in full.
    Within the warranty period, the mortgagor shall not repeat mortgage collateral and collateral has the responsibility for repairs, maintenance, guarantee good.
    Within the warranty period, without consent of the Fund Management Center, the mortgagor shall not mortgage rent, buy, sell, gift or otherwise transfer. Article 18th mortgage contract take effect from the date of registration, to terminate when the borrower paid off the whole loan principal and interest.
    After the termination of the mortgage contract, the Parties shall be governed by the contractual agreement to disarm set mortgage, mortgage registration and original registration departments. 19th the borrower to purchase construction home mortgage, without the house ownership before, signed the purchase contract of all available rights and mortgages.
    Within the warranty period, Fund Management Center is first of all the interests of the beneficiaries of the mortgage. Seventh chapter pledge or guarantee loans 20th borrower debt, storage of State-owned commercial banks of deposit, with Fund Management Center established to pledge securities.
    Take the pledge, the pledgor and the pledgee shall sign a written pledge agreement, pledge all loans to borrowers to pay off principal and interest when termination of the contract. Article 21st of the pledged property set, pledged before the expiry, the pledgee without punishment.
    Pledge period, the pledgee-property damage or loss resulting from improper storage, by the pledgee shall bear civil liability.
    22nd as Fund Management Center housing policy loan Review Committee identified for housing home ownership guarantee, guarantee companies authorised by the Fund Management Center provides an irrevocable guarantee, the guarantor and the guarantor shall conclude a suretyship contract in writing. Eighth chapter, 23rd the mortgage insurance fund management center housing policy loan Review Committee confirm the need for collateral, the borrower must apply for mortgage insurance.
    Within the warranty period, original policy kept by the Fund Management Center.
    Article 24th of mortgaged property insurance, mortgage borrowers during the period may not be interrupted for any reason, or to withdraw insurance during the period of insurance, by reason of the borrower, collateral damage outside the scope of cover, the borrower should take full responsibility. Nineth part loan modification and termination of contract

    25th borrower needs change, and shall notify the other in writing one month in advance, after borrowing after mutual agreement and with the consent of the guarantor or insurer agree to law signed modification agreement.
    Article 26th people, has been declared dead, was declared missing or incapacitated, their legitimate heirs property, property custodian or legal representatives shall continue to perform loan contracts signed by the borrower.
    27th company in case of merger, Division or bankruptcy, borrowers should be changed and the completion of formalities of guarantee the guarantor.
    28th the contract for loan repayment after the full loan principal and interest, mortgage or pledge to return the mortgagor or the pledgor, the loan contract terminated.
    Tenth chapter mortgage real or quality real of disposition 29th article borrowing people has following case one of of, Provident Fund Management Center can law disposition mortgage real and quality real: (a) borrowing people continuous 4 months (December 31, 2000 Qian borrowing of for continuous two a quarter) or in this contract period within cumulative 6 a payment period not on time reimbursement borrowing principal and interest of; (ii) borrowing people lost civil capacity, and was declared missing, and was declared death or death Hou no statutory agent, and property escrow people, and heir or by legacy people of;
    (C) the borrower's heirs, legatees, property custodian or legal guardian refused to perform for the borrower to repay the loan principal and interest obligations and related costs.
    Has been secured by the borrower, guarantor loans after the full payment of all arrears, provident fund management centres should transfer the mortgage or hypothèque to sponsor the disposal.
    Article 30th provisions according to the disposition of mortgage collateral, borrowers are not scheduled to hand over the collateral, the mortgagee has the right to apply to the people's Court for compulsory execution.
    31st dispose of collateral or pledge its price to repay the loan principal and interest, the mortgagee or the pledgee has the right to claim repayment from the debtor; its price exceeds the outstanding amount and disposition of collateral or fees required to pledge part of the mortgagee or the pledgee shall be refunded to the mortgagor or the quality of its people.
    11th chapter loan supervision 32nd article borrowing people has following case one of of, Provident Fund Management Center by loan General, about provides on borrowing people held default responsibility: (a) borrowing people not regular returned loan principal and interest of; (ii) without Provident Fund Management Center agreed, borrowing people will mortgage real or quality real repeat arrived (quality) bet or demolition, and sold, and gift and to other form illegal transfer of; (three) borrowing moved for he with of; (four) borrowing people violation borrowing contract other terms of.
    Article 33rd lenders during the loan period, the Provident Fund management centres and agent bank supervision and inspection on the use of the loans should be compatible with.
    12th chapter supplementary articles article 34th ordinary definition of housing in these measures, in accordance with the agricultural tax Bureau of the State administration of taxation on adjusting the real estate market notice on tax policy, the implementation of a number of notes.
    35th borrower when adjusting the owner-occupied housing, after treating the original loan repaid, can enjoy the loan again, but the total amount of loan shall not exceed the loan amount and the maximum loan amount.
    Article 36th on borrowers to repay interest on loans is difficult, and Fund Management Center has been verified to the interest due on loans of avoid, reduce, and slow. 37th loan contract dispute, both parties should be resolved in a timely manner.
    Through consultation, may apply for arbitration or initiate litigation to the people's Court according to law.
    Article 38th Fund Management Center may make rules or operating procedures in accordance with the measures, submitted to the municipal housing Provident Fund Management Commission.
                                                                                                      39th these measures come into force on the date of promulgation.