Chapter 1 General Principles
Article 1 In order to establish a new urban housing system that adapts to the requirements of the socialist market economy and form stable housing Sources of funds, promote the accumulation and turnover of housing funds and the establishment of a policy mortgage loan system, change the housing allocation mechanism, and improve the ability of employees to live in their own homes. These regulations are formulated in accordance with the "Decision of the State Council on Deepening the Reform of the Urban Housing System".
Article 2 Housing Provident Fund is a long-term housing savings fund. During the period of employment of the employee, the individual employee and his or her unit shall pay a monthly payment based on a certain proportion of the employee's personal salary and the total employee salary, which shall be owned by the individual employee and used as personal housing funds, stored in a special account, managed uniformly, and used exclusively.
Article 3 All regular employees of party and government agencies, social groups, institutions and enterprises, employees under labor contracts and Chinese employees of foreign-invested enterprises shall pay housing provident funds. Former employees, retired employees, temporary workers, foreign investors in foreign-owned enterprises? Why?
Article 4 The housing provident fund system is generally implemented in accordance with the territorial principle.
Chapter 2 Contributions to Housing Provident Fund
Article 5 In the initial stage, individual employees and their units shall pay housing provident fund at the rate of 5% of their personal wages and total wages. In the future, with the development of the economy and the increase in employee salary income, the payment rate can be adjusted appropriately. The housing provident fund payment ratio for foreign-invested enterprises and their Chinese employees is determined by the people's governments of each province, autonomous region, and municipality directly under the Central Government.
Article 6 The payment base of housing provident fund shall be calculated based on the average monthly salary of employees in the previous year, and the salary amount shall be calculated in accordance with the regulations of the National Bureau of Statistics.
Article 7 The housing provident fund paid by individual employees shall be paid by individual employees.
Article 8 The sources of funds for the housing provident fund paid by the unit for its employees are:
(1) The enterprise shall settle the shortfall from the house depreciation and other adjustment funds withdrawn by the enterprise. Approval by the finance department shall be included in costs and expenses;
Central enterprises shall be audited by the Finance Supervisory Commissioner's Office (Group) of the Ministry of Finance in provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning.
(2) Administrative and public institutions are based on the transfer of original housing funds. Administrative and public institutions with full budgets are allocated from the fiscal budget; The problem shall be settled from the unit's own funds. The funds borne by the finance will be borne by the central finance and local finance at all levels respectively according to the affiliation of the unit and the financial system.
(3) Self-received and self-financed public institutions collect according to corporate expenditure channels.
Article 9 The housing provident fund paid by individual employees shall be deducted together with the part paid by the unit for the employees at the same time as the payment by the unit where the employee works, and shall be paid to the housing provident fund management agency within the specified time and deposited into the housing provident fund. The "housing provident fund special account" opened by the housing provident fund management agency at the entrusted bank.
Article 10 The housing provident fund deposit interest rate shall be implemented in accordance with the relevant regulations of the People's Bank of China.
Article 11 The principal and interest of housing provident fund are exempt from personal income tax.
Chapter 3 Payment of Housing Provident Fund
Article 12 The individual housing provident fund of employees can only be used for household purchase, construction and repair of self-occupied housing.
Article 13 Repayment and transfer of individual housing provident funds for employees:
(1) When employees retire, resign, or settle abroad, they can withdraw the principal and interest balance of the housing provident fund on their own;
>(2) When an employee transfers work, the principal and interest balance of the housing provident fund shall be transferred to the employee's housing provident fund account under the name of the new unit;
(3) For an employee who dies during employment, his or her legal heir or The legatee pays the balance of principal and interest of the housing provident fund.
Chapter 4 Use of Housing Provident Fund
Article 14 Scope and sequence of use of housing provident fund:
(1) Mortgage for purchase and construction of self-occupied housing Loans;
(2) Loans for renovation of employee-owned housing;
(3) Loans for urban affordable housing construction;
(4) Unit purchase and construction Housing mortgage loan;
(5) After meeting the payment needs and arranging the above-mentioned loans, the remaining balance can be used to purchase government bonds.
Article 15 The housing provident fund management agency shall work with relevant departments to prepare a housing provident fund use plan in accordance with the above scope and sequence, submit it to the local people's government for approval, and then issue it to the entrusted bank.
Article 16 Procedures for the use of housing provident funds:
(1) Housing provident fund users (or units) apply to the housing provident fund management agency for use;
( 2) The housing provident fund management agency shall review the loan application based on the housing provident fund usage regulations and annual use plan as well as the applicant’s housing provident fund payment and deposit status;
(3) The entrusted bank shall, in accordance with relevant regulations, The provident fund management agency conducts a credit review on the user (or unit) proposed by the provident fund management agency to determine whether to grant a loan, handle the loan procedures, and collect the loan on schedule. However, loans cannot be issued for purposes other than those proposed by the provident fund management agency.
Chapter 5 Housing Provident Fund Management
Article 17 The municipal (county) people's government is responsible for formulating relevant specific regulations on the collection, use and management of housing provident funds, and examining and approving housing provident fund use plans and financial budget and final accounts. Provide leadership and supervision to housing provident fund management agencies.
Article 18 The housing provident fund management agency is specifically responsible for the collection, deposit, accounting and preparation of use plans of the housing provident fund.
The specific establishment of housing provident fund institutions shall be determined by the local people's government.
Article 19 Responsibilities of the housing provident fund management agency:
(1) Verify the payment base of the housing provident fund;
(2) Supervise all units to pay monthly Pay the housing provident fund;
(3) Work with relevant departments to prepare an annual housing provident fund use plan;
(4) Review the application for use of the housing provident fund user (or unit);
(5) Supervise the entrusted banks to handle housing provident fund deposit and loan business as agreed;
(6) Accounting of housing provident funds;
(7) Repay the principal and interest of employees’ housing provident funds .
Article 20 The management fees of the housing provident fund management agency shall be approved by the finance department at the same level and be included in the value-added income of the housing provident fund.
Article 21 Financial services such as housing provident fund deposits and loans shall be handled by banks designated by the local people's government in accordance with the regulations of the People's Bank of China.
Article 22 The entrusted bank shall submit statements and delivery certificates to the housing provident fund management agency in accordance with the entrustment agreement, and accept the supervision of the housing provident fund management agency.
Article 23 The financial accounting system of the housing provident fund and its management agencies shall be implemented in accordance with the unified regulations of the Ministry of Finance. The audit and supervision departments shall strengthen auditing and supervision.
Chapter 6 Supplementary Provisions
Article 24 Units that fail to deposit housing provident funds in accordance with regulations without approval shall pay the deposit in full and pay late fees.
Article 25 No unit or individual may misappropriate housing provident funds. Those who violate the provisions of Articles 14, 15, and 16 must return it within a time limit, and financial penalties will be imposed on the units and individuals who misappropriated it. If a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 26 The housing system reform leading groups of provinces, autonomous regions, and municipalities directly under the Central Government shall, in conjunction with the financial department, formulate implementation details in accordance with these regulations and the actual conditions of the region, and submit them to the people's government at the same level for approval before promulgating and implementing them.
Article 27 The Ministry of Finance is responsible for the interpretation of these regulations.
Article 28 These regulations shall come into effect on the date of promulgation.
Part of the company’s rental provident fund is deducted from the account, and the personal part is deducted from my salary.
Calculated as a percentage of salary, the company and the individual each contribute a portion. The company's portion will be deducted from the account by the Housing Provident Fund Office, and the personal portion will be deducted from my salary.
You have already bought a house, you can continue to buy it.
According to Article 36 of the State Council's "Regulations on the Administration of Housing Provident Funds" (State Council Order No. 262), the center provides housing provident fund payment, deposit and withdrawal inquiry services to employees and units. Employees can only apply to inquire about their own housing provident funds, but cannot inquire about other people's housing provident funds. Applications for housing provident fund inquiries should be handled in accordance with the following regulations:
First, when employees apply to inquire about their housing provident funds, they must present their ID cards. If you don’t show your ID card or don’t have one, you won’t be questioned.
2. If the unit needs to inquire about the housing provident fund of its employees due to official business or work needs, the following documents must be submitted:
1. The unit needs to inquire about the housing provident fund of its employees when handling housing provident fund business. Provident fund, a letter of introduction issued by the unit should be submitted, and the enquirer's ID card should be presented.
Inquiries will not be made for those who are not employees of the unit or do not handle housing provident fund business.
2. If a lawyer needs to inquire about the housing provident fund of the employees involved in the case, he should submit a letter of introduction issued by the law firm and the "Notice of Case Acceptance" (submit a copy and submit the original), and present a lawyer's practicing certificate and ID card .
3. If the public security and judicial organs need to inquire about employees’ housing provident funds when performing official duties in accordance with the law, they should submit a letter of introduction or a notice of assistance in inquiry issued by the unit, and present the work permit and official ID of the inquirer.
3. When the unit applies to inquire about the housing provident fund of the unit, it must submit a letter of introduction issued by the unit and present the ID card of the inquirer.
Mortgage
The word "mortgage" is the Cantonese transliteration of the English "Mortgage". It originated from Western countries and was originally a legal relationship in the Anglo-American equilibrium law system. Later, it was introduced to the mainland real estate market from Hong Kong. It was first tried out by Shenzhen Construction Bank and then gradually became popular in the mainland.
Because it appears frequently in the real estate field and is officially used in articles, its meaning has gradually evolved into "mortgage loan". In China, it has been officially called "mortgage loan for personal purchase of commercial housing".
Before Hong Kong returned to the motherland, Hong Kong’s mortgage regulations were divided into broad and narrow senses. Mortgage in the broad sense refers to any form of pledge (the pledge is a mortgage of movable property) and mortgage; mortgage in the narrow sense refers to transferring the property to the name of the lender, and then transferring the property back to the name of the borrower (mortgagor) after the loan is paid off.
The mortgages stipulated in the "Urban Real Estate Management Law" and the "Security Law" are somewhat different from those in Hong Kong. That is, the definition of mortgages in these two laws is conditional on the transfer of possession.