What are the specific provisions of Yancheng housing provident fund deposit rules? It is reported that in order to strengthen the management of housing provident fund deposit in this Municipality and safeguard the legitimate rights and interests of the owners of housing provident fund, these rules are formulated in accordance with the Regulations on the Management of Housing Provident Fund in the State Council (hereinafter referred to as the Regulations) and the Measures for the Management of Housing Provident Fund in Yancheng City, as well as the relevant provisions of the state, province and city, and combined with the actual situation of this Municipality. Welcome to read!
Yancheng City Housing Provident Fund Deposit Rules Chapter I General Provisions
Article 1 In order to strengthen the management of housing provident fund deposit in this Municipality and safeguard the legitimate rights and interests of the owners of housing provident fund, these Detailed Rules are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Housing Provident Fund (hereinafter referred to as the Regulations) and the Measures of Yancheng Municipality on the Administration of Housing Provident Fund, as well as the relevant national, provincial and municipal regulations, and combined with the actual situation of this Municipality.
Second Yancheng City Housing Provident Fund Management Center (hereinafter referred to as the management center) is responsible for the management of housing provident fund deposit within the administrative area of this Municipality.
Management Center The management departments of counties (cities, districts) are responsible for the management of housing provident fund deposit within their respective administrative areas according to the internal authorization of legal persons.
Article 3 Housing accumulation fund refers to the long-term housing savings paid by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units, social organizations (hereinafter referred to as units) and their employees within the administrative area of this Municipality.
Article 4 On-the-job employees refer to the following persons:
(a) personnel of state organs and institutions;
(2) Laborers who conclude labor contracts with their own units and receive wages according to law;
(three) labor and personnel agents and labor dispatch workers;
(four) workers who form a factual labor relationship with the unit and receive wages recognized by the human resources and social security departments.
The on-the-job employees mentioned in these rules do not include foreigners and Hong Kong, Macao and Taiwan personnel in the unit.
Fifth units engaged in personnel agency or labor dispatch must establish a housing provident fund system for all their employees.
Article 6 Individual industrial and commercial households and freelancers within the administrative area of this Municipality may apply for housing provident fund deposit. Individual industrial and commercial households and freelancers must sign an agreement to voluntarily participate in the housing provident fund system.
Chapter II Deposit Registration, Account Establishment and Change
Article 7 Registration of unit deposits. The newly established unit shall, within 30 days from the date of establishment, bring the original and photocopy of the following materials to the management center or management department of the administrative region where it is located (hereinafter referred to as the management center) to apply for the registration of housing provident fund deposit and the establishment of the unit account:
(a) "Yancheng housing provident fund deposit registration form";
(2) A copy of the approval document or business license for the establishment of the unit;
(three) the original organization code certificate issued by the state quality and technical supervision department;
(4) basic deposit account account opening permit issued by the People's Bank of China;
(5) the identity card of the agent.
Article 8 Employee deposit registration. Employees who have not established individual accounts for housing provident fund in this Municipality shall apply for deposit registration for employees with the following materials at the management center within 30 days from the date of employment:
(a) "Yancheng individual housing provident fund detailed account establishment registration form";
(two) the list or certificate of the social insurance paid by the unit for the employees;
(3) the identity card of the agent.
Ninth urban individual industrial and commercial households and freelancers who apply to participate in the housing provident fund system shall go through the individual deposit registration at the management center with the original and photocopy of their ID cards and social insurance payment vouchers.
Tenth within the administrative area of this Municipality, each unit shall set up a housing provident fund unit account, and each employee shall set up a housing provident fund personal account.
Eleventh units must apply for housing provident fund cards for employees, and individual industrial and commercial households and freelancers must also apply for housing provident fund cards.
Twelfth unit name, address, legal representative and other information related to the management of housing provident fund changes, the unit shall, within 30 days from the date of change, bring the relevant change materials to the management center to apply for registration of change.
Thirteenth employees' names, identity card numbers and other information related to the management of housing provident fund changes, employees or units shall, within 30 days from the date of change, bring the unit certificate and employee identity card to the management center to apply for registration of change.
Article 14 If the names and ID numbers of individual industrial and commercial households and freelancers in cities and towns change, they shall bring the voluntary participation in the housing provident fund system agreement, the original ID card and the certificate of change to the management center to apply for registration of change and re-sign the voluntary participation in the housing provident fund system agreement.
Article 15 Where a unit is revoked, dissolved or bankrupt, the unit or liquidation organization shall, within 30 days from the date of revocation, dissolution or bankruptcy, go to the management center for cancellation of registration with the following materials:
(a) if the organ or institution is revoked, it shall provide the approval documents of the higher authorities;
(2) If the enterprise goes bankrupt, a written ruling of the people's court shall be provided;
(three) if the unit is dissolved, it shall provide the industrial and commercial cancellation certificate or other relevant certification materials.
Sixteenth before the cancellation of registration, the unit shall clean up the employee housing provident fund account in accordance with the following requirements:
(a) to verify the name and identity card number of employees;
(two) in line with the conditions for the cancellation of the housing provident fund, notify the employees to go through the extraction procedures;
(three) do not meet the conditions for the withdrawal of housing provident fund accounts, storage and transfer procedures for employees.
Chapter III Payment and Deposit
Seventeenth employee housing provident fund deposit base for the employee's average monthly salary in the previous year (total wages). The total wages are calculated according to the items included in the total wages statistics stipulated by the National Bureau of Statistics.
The deposit base of housing provident fund shall not exceed 3 times the average monthly salary of employees in the previous year announced by the municipal statistics department. The specific standards are adjusted and published in a timely manner according to the relevant provisions of the state and the province.
New employees begin to pay housing provident fund from the second month of their employment, and the base of housing provident fund payment is the employee's salary for the current month.
The newly transferred employees of the unit shall pay the housing provident fund from the date of payment of the wages of the transferred employees, and the deposit base of the housing provident fund shall be the wages of the employees in the current month.
The minimum deposit base of housing provident fund shall not be lower than the minimum monthly wage for employees stipulated by the government in the previous year.
Urban individual industrial and commercial households, freelancers housing provident fund deposit base is not less than the provincial government announced the endowment insurance payment base, and not less than my last year's housing provident fund deposit base, not higher than the city housing provident fund management committee (hereinafter referred to as the CMC) provisions of the deposit base ceiling.
Article 18 The individual and unit contribution rates of employees in government agencies and institutions are 12% respectively, and the individual and unit contribution rates of employees in enterprises (including self-supporting institutions managed by enterprises) are 8% respectively? After the units are 12% and 1998 12, the monthly housing subsidies for new employees will be included in the housing provident fund management. The part paid in excess of the prescribed amount shall be incorporated into the personal income from current wages and salaries, and personal income tax shall be levied.
The deposit ratio of urban individual industrial and commercial households and freelancers is 20%.
Nineteenth employee housing provident fund monthly deposit amount is the deposit base multiplied by the employee housing provident fund deposit ratio, and the housing provident fund paid by the unit for employees is the deposit base multiplied by the unit housing provident fund deposit ratio. The proportion of employees' individual housing provident fund deposit should be consistent with the proportion of units paying housing provident fund for employees. The monthly deposit amount of urban individual industrial and commercial households and freelancers is the deposit base multiplied by 20%.
Twentieth individual workers to pay housing provident fund, withheld from their wages by the unit. The unit shall, within 5 days from the date of monthly payment of wages to employees, transfer the housing provident fund paid by the unit and remitted for employees into the housing provident fund account, and the entrusted bank shall transfer it into the employee housing provident fund account.
Twenty-first units shall pay the housing provident fund in full and on time according to the monthly deposit amount approved by the management center, and shall not pay the housing provident fund overdue or underpaid.
Twenty-second urban individual industrial and commercial households and freelancers shall, in accordance with the provisions of the voluntary participation in the housing provident fund system agreement, pay the housing provident fund in full in the entrusted bank on time every month.
Twenty-third housing provident fund deposit base is adjusted once a year in July.
Twenty-fourth units shall, according to the current housing provident fund deposit ratio and deposit base adjustment plan, adjust the monthly deposit amount of housing provident fund for employees and units, and inform the employees of the adjustment results. When adjusting the deposit ratio and deposit base, the unit shall go through the relevant change procedures at the entrusted bank with the relevant materials audited by the management center.
When adjusting the deposit base of housing provident fund, the unit shall also check the name of the employee, ID number and basic information of the unit.
The implementation time of the adjusted monthly deposit of housing provident fund is from July of that year 1 day to June 30th of the following year.
Twenty-fifth units are indeed difficult, under any of the following circumstances, you can apply to the management center to reduce the deposit ratio or delay the payment of housing provident fund:
(a) serious losses or in a state of suspension or semi-suspension;
(two) approved by the law to postpone the payment of pension insurance and unemployment insurance;
(3) Other circumstances that are indeed difficult.
Article 26 Where a unit needs to reduce the deposit ratio or postpone the payment of housing provident fund, it shall be discussed and approved by the workers' congress or trade union of the unit, and the following materials shall be brought to the management center to apply:
(a) the written report of the application of the unit;
(2) Certification materials that meet the requirements for applying for reducing the deposit ratio or deferring payment:
1. If the unit has suffered serious losses or is in a state of suspension or semi-suspension, it shall provide the audited financial statements of the previous year, the income tax return and schedule of the unit audited and sealed by the tax authorities in the previous year, or the monthly average salary list of employees in the previous year signed by all employees;
2. If the unit is legally approved to delay the pension and unemployment insurance benefits, it shall provide the approval documents for the delayed pension and unemployment insurance benefits;
3. If the unit does have other difficulties, provide the certification materials required by the management center;
(four) the resolution of the workers' congress (trade union) to agree to this matter (the unit that has not established the workers' congress and trade union organization shall be put forward by the local trade union organization at or above the county level).
After the approval of the management center, the unit shall go through the relevant change procedures at the management center within 15 days from the date of receiving the approval notice.
Twenty-seventh units to reduce the deposit ratio, holdover of housing provident fund time shall not exceed one year. Need to continue to reduce the deposit ratio, holdover housing provident fund 1 year or more, should be re-applied within 30 days before the due date.
Approved to reduce the deposit ratio, holdover housing provident fund units, after the economic benefits improve, should be restored to the prescribed deposit ratio or pay the holdover housing provident fund.
Article 28 Where a unit owes housing provident fund, it shall first repay the unpaid housing provident fund according to the original deposit amount until June of that year, and then pay the housing provident fund according to the adjusted monthly deposit amount of housing provident fund from July of that year.
If the housing provident fund deferred by the unit is not paid in accordance with the regulations, it shall be deemed as unpaid employee housing provident fund.
When the unit pays back the housing provident fund for employees, it shall provide the management center with a detailed list of the housing provident fund payable by employees every month.
Twenty-ninth units merger, division or change of property rights, the original unit shall pay the unpaid housing provident fund for employees. Unable to pay the housing provident fund, it should be clear that the main body of housing provident fund payment responsibility, in order to handle the merger, division or property rights change procedures.
Thirtieth units to pay the amount of housing provident fund, according to the following principles:
(1) If the unit has never paid the housing provident fund, it shall pay the housing provident fund from the month when the Regulations of the State Council Municipality on the Administration of Housing Provident Fund (Order No.262 of the State Council) is issued or the unit is established.
(two) according to the provisions of the city housing provident fund deposit base and deposit ratio over the years, approved by the employees and units of housing provident fund monthly deposit.
(three) units and employees can not provide proof of employee wages, employee wages are determined according to the average monthly salary of employees in the previous year published by the statistics department of this Municipality.
Thirty-first management center shall set up detailed accounts for the units and individuals who have paid the housing provident fund.
Article 32 The implementation year of interest settlement, deposit ratio and deposit base of housing provident fund is from July of that year to June 30th of the following year.
Thirty-third housing provident fund from the date of deposit in the employee housing provident fund account, according to the interest rate stipulated by the state, the interest belongs to individual employees. The management center will include the employee's personal housing provident fund interest in the employee's personal housing provident fund account on June 30th every year.
Chapter iv transfer and storage
Thirty-fourth workers transfer, the unit shall handle the transfer of wages for employees at the same time, for the transfer of housing provident fund accounts.
Where the unit terminates the labor relationship with the employee, it shall, within 30 days from the date of termination of the labor relationship, bring the certificate of termination of the labor relationship with the employee to the entrusted bank to seal the employee account.
After the termination of the labor relationship between the employee and the unit, if the employee works in other units in this Municipality, the transfer-out unit shall issue a transfer-out notice or relevant certificates, and go through the formalities for the transfer of the employee's household registration at the management center.
After the termination of labor relations between employees and their units, if they work in other provinces and cities, they shall go through the transfer formalities at the management center with the proof of receipt from the housing provident fund management center of their unit or the proof that the new employee unit has opened a provident fund account for them.
Thirty-fifth employees and units to retain labor relations but do not receive wages, the unit shall, within 30 days from the date of stopping receiving wages, bring relevant materials and employee ID cards to the entrusted bank to handle the formalities for sealing the housing provident fund account for employees. If the housing provident fund account is restored, the unit shall hold relevant materials to the entrusted bank to handle the sealing procedures for the employees.
Thirty-sixth units did not handle the formalities for the change of registration and transfer of housing provident fund accounts for employees, employees can hold proof materials, according to the "Yancheng Housing Provident Fund Management Measures" and these rules, apply to the management center to urge the unit to handle. If the unit still fails to handle it after being urged, the management center can handle it according to the employee's application after being audited.
Thirty-seventh urban individual industrial and commercial households and freelancers are employed by the unit, and the unit shall handle the transfer procedures of individual housing provident fund accounts for them within 30 days from the date of employment.
Chapter V Investigation and Reconciliation
Thirty-eighth management centers should provide telephone, Internet and other inquiry services to housing provident fund deposit units and employees. The depositor can hold his ID card and housing provident fund card to the management center or the entrusted bank to inquire about his housing provident fund information. The unit manager can inquire about the housing provident fund information of the unit with the unit power of attorney or letter of introduction, the original ID card of the manager and other relevant supporting documents.
Thirty-ninth workers and units have the right to inquire about the deposit and withdrawal of housing provident fund of themselves and their own units. Workers and units have objections to the balance stored in the housing provident fund account, and can apply to the entrusted bank for review with the original ID card and unit certification materials; If you have any objection to the review results, you can apply to the management center for review with your original ID card, unit certificate and bank review results within 60 days from the date of receiving the review results. The entrusted bank and management center shall give a written reply within 5 working days from the date of receiving the application.
Employees and units that have applied for review for five years shall not be reviewed.
Article 40 The management center shall issue paper statements or electronic statements to normal deposit units and depositors before July 3 1 every year. The depositor shall notify the management center in writing before August 3 1 every year to check the information of the unit and employees.
Chapter VI Legal Liability
Article 41 If the unit fails to pay the housing provident fund for its employees in accordance with the regulations, the employees may apply for compensation within two years after leaving the company. Within the prescribed time limit, if an employee complains to the management center that the unit fails to pay the housing provident fund in accordance with the regulations and asks the management center to recover it, the management center shall, after investigation, urge the unit to repay the housing provident fund from the date of employee employment. If the employment date is before the promulgation of the Regulations (OrderNo. 262nd of the State Council), the housing provident fund shall be paid back from the month when the Regulations are promulgated.
Forty-second in violation of the provisions of the "Regulations", the unit does not handle the registration of housing provident fund deposit or the establishment of housing provident fund accounts for its employees, and the management center shall order it to be handled within a time limit; Failing to handle it within the time limit, a fine of 1 10,000 yuan and 50,000 yuan will be imposed.
Forty-third in violation of the provisions of the "Regulations", the unit fails to pay or underpays the housing provident fund, and the management center shall order it to pay within a time limit; If the deposit is not made within the time limit, it may apply to the people's court for compulsory execution.
Forty-fourth management center will provide the credit management department with information that the unit violates the regulations, which will be incorporated into the social credit system according to law and publicized in the media.
Forty-fifth in violation of the provisions of these rules, misappropriation of housing provident fund, to recover the misappropriated housing provident fund; Illegal income, confiscate the illegal income; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 46 If the staff of state organs abuse their powers, neglect their duties or engage in malpractices for selfish ends in the supervision and management of housing provident fund, and the staff of housing provident fund management center constitute a crime in the process of handling housing provident fund business, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Forty-seventh urban individual industrial and commercial households and freelancers who fail to fulfill their obligations in accordance with the agreement to voluntarily participate in the housing provident fund system will no longer enjoy the right to housing provident fund loans, and shall be investigated for breach of contract according to law.
Chapter VII Supplementary Provisions
Forty-eighth these rules shall be interpreted by Yancheng Housing Provident Fund Management Center. Yancheng City Housing Provident Fund Management Center can formulate specific operation methods and procedures according to these rules. In case of national policy adjustment, the provisions of these rules should be adjusted accordingly.
Article 49 These Detailed Rules shall come into force as of 20 14 1 1.00.
Related interpretation:
From 2014110/0/010, Yancheng housing provident fund has implemented the newly revised three detailed rules of Yancheng housing provident fund deposit, withdrawal and loan. There are many adjustments in the newly revised detailed rules. This paper interprets several aspects that the public is highly concerned about, and makes suggestions for the public to make good use of housing provident fund.
Change 1: Individual industrial and commercial households and freelancers can also apply for housing provident fund deposit.
The biggest change in the newly revised deposit rules is that individual industrial and commercial households and freelancers can also apply for housing provident fund deposit. Individual industrial and commercial households and freelancers need to sign the Agreement on Voluntary Participation in the Housing Provident Fund System and pay the housing provident fund in full and on time every month. Among them, the deposit base of housing provident fund is not lower than the payment base of endowment insurance announced by the provincial government in the current year and not lower than that of the previous year, nor higher than the upper limit of the deposit base of the whole city stipulated by the housing provident fund management Committee. The monthly deposit amount of urban individual industrial and commercial households and freelancers is the deposit base multiplied by 20%. At present, the minimum payment base of endowment insurance in our province is 2899 yuan, which is paid according to the proportion of 20%, and 580 yuan/month is required every month.
It should be noted that urban individual industrial and commercial households and freelancers who apply to participate in the housing provident fund system must pay social insurance. The group needs to hold their ID card, the original and photocopy of social insurance payment voucher to the housing provident fund management department for individual deposit registration and housing provident fund card; And in accordance with the provisions of the voluntary participation in the housing provident fund system agreement, pay the housing provident fund in full in the entrusted bank on time every month. Those who fail to fulfill their obligations according to the Agreement on Voluntary Participation in the Housing Provident Fund System will not be able to enjoy the rights and interests of housing provident fund loans, and shall be investigated for breach of contract according to law.
Change 2: renovation and property fees can also be applied for withdrawal of housing provident fund; Repayment of the loan will not keep the deposit for 6 months.
The newly revised extraction rules stipulate that if there is no record of housing provident fund loans, you can extract housing decoration or pay property management fees. Among them, the extractor can use the original house ownership certificate to extract the housing accumulation fund paid within two years from the date of house delivery for house decoration, but each family member (including employees, spouses and unmarried children) can only use it once for house decoration. Every year, the extractor can apply in the same year with the original of my house ownership certificate and the receipt of property management fee in that year (only once a year), and the extraction amount does not exceed the actual property management fee paid in that year.
Individual industrial and commercial households and freelancers can withdraw all the balance stored in their individual housing provident fund accounts and cancel their accounts as long as they apply to terminate their voluntary participation in the housing provident fund system and have no housing provident fund loans. At the same time, individuals who use the balance of provident fund account to repay provident fund loans (except monthly repayment) or housing loans of commercial banks are no longer required to keep the deposit for six months as long as it does not exceed the repayment amount, and only need to keep 0.0 1 yuan in the account.
Change 3: you can apply for a loan after 6 months of continuous deposit. The maximum loan amount for the second suite is 60% of the total house price, and the loan period can be shortened.
The newly revised loan rules stipulate that borrowers with provident fund accounts can apply for housing provident fund loans if they have opened accounts for half a year and paid the housing provident fund in full and on time for more than six months (inclusive). If the housing provident fund is paid in different places (other cities), the payment time can be calculated according to the payment certificate issued by the original housing provident fund management center.
At present, according to Yancheng housing provident fund regulations, for those who have never used housing provident fund loans, the loan amount and interest rate will be confirmed according to the first suite policy; If the housing provident fund loan has been used, it will be implemented according to the second suite policy. The interest rate will rise by 10%, and the down payment ratio of the second suite will be reduced from 60% to 40%, but the accumulated loan amount will not exceed the maximum loan amount.
With the increase of the borrower's income and the increase of the deposit base of the provident fund, it is the wish of many people to repay the loan in advance or shorten the repayment period. In view of this, the revised loan rules also reflect this point. According to the new loan regulations, borrowers can apply for shortening the loan period if their credit is good and their repayment ability is significantly improved during the repayment period. For example, the term of the loan contract signed at the beginning was 20 years, and now you can apply for shortening it to less than 10 years. However, the public should pay attention to the fact that shortening the loan term can only be handled once, and the loan interest rate is implemented according to the corresponding interest rate of the actual loan term, and the loan interest charged according to the loan contract will not be adjusted or refunded.
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