Release order
Order of the State Council of the people's Republic of China
Number 350th
The decision of the State Council on Amending the regulations of the people's Republic of China on the administration of housing accumulation fund is hereby promulgated and shall come into force as of the date of promulgation.
Premier Zhu Rongji
March 24, 2002
Amendment decision
The State Council has decided to amend the regulations on the administration of housing accumulation fund as follows:
1. The second paragraph of Article 2 is amended as: 'the term "housing fund" as mentioned in these Regulations refers to the long-term housing fund deposited by state organs, state-owned enterprises, urban collective enterprises, foreign-funded enterprises, urban private enterprises and other urban enterprises, institutions, private non enterprise units, social organizations (hereinafter referred to as "units") and their employees. '
2. The second paragraph of Article 7 shall be amended as: 'the construction administrative department of the people's Government of the province or autonomous region, together with the financial department at the same level and the branches of the people's Bank of China, shall be responsible for the supervision of the implementation of the regulations and policies on the administration of housing accumulation fund within its own administrative region. '
3. Article 8 is amended to read: 'municipalities directly under the central government, cities where the people's governments of provinces and autonomous regions are located and other cities (prefectures, prefectures and leagues) divided into districts shall establish a housing fund management committee as the decision-making body of housing fund management. Among the members of the housing accumulation fund management committee, the heads of the people's government, construction, finance, people's Bank and other relevant departments and experts account for 1 / 3, the representatives of trade unions and employees account for 1 / 3, and the representatives of units account for 1 / 3. "The chairman of the housing fund management committee shall be a person with social credibility. 'accordingly, the' Housing Committee 'in Article 4, Article 9, Article 11, Article 18, Article 20, Article 28, Article 31 and Article 32 shall be modified to' housing fund management committee '.
4. Add one item in Article 9 as item 5: '(5) review the distribution scheme of value added income of housing accumulation fund'. Change item 5 of Article 9 to Item 6.
5. Article 10 is amended as: 'municipalities directly under the central government, cities where the people's governments of provinces and autonomous regions are located and other cities (prefectures, prefectures and leagues) divided into districts shall, in accordance with the principle of simplification and efficiency, establish a management center for housing accumulation fund to be responsible for the management and operation of housing accumulation fund, while counties (cities) shall not establish a management center for housing accumulation fund. "The management center for housing accumulation fund specified in the preceding paragraph may set up branches in counties (cities) where conditions permit. The management center of housing accumulation fund and its branches shall implement unified rules and regulations for unified accounting. "The housing fund management center is an independent non-profit institution directly under the people's Government of the city. '
6. The first paragraph of Article 12 is amended as: 'the Management Committee of the housing fund shall, in accordance with the relevant provisions of the people's Bank of China, designate the commercial bank entrusted to handle the financial business of the housing fund; the management center of the housing fund shall entrust the entrusted bank to handle the financial business such as the loan and settlement of the housing fund and the procedures such as the establishment, payment and return of the housing fund account. '
7. The fourth paragraph of the first paragraph of Article 24 is amended to read: '(4) those who leave the country and settle down. '
8. Add one article as Article 39: 'if the Management Committee of the housing accumulation fund approves the plan for the use of the housing accumulation fund in violation of the provisions of these regulations, the construction administrative department of the State Council, together with the financial department of the State Council or the construction administrative department of the people's Government of the province or autonomous region, together with the financial department at the same level, shall order it to make corrections within a time limit in accordance with its administrative authority. '
9. One article is added as Article 40: 'if the management center of housing accumulation fund violates the provisions of these regulations and commits any of the following acts, the construction administrative department of the State Council or the construction administrative department of the people's Government of the province or autonomous region shall order it to make corrections within a time limit in accordance with its administrative functions and powers; the person in charge and other persons directly responsible shall be given administrative sanctions according to law:
(1) failing to establish a special account for housing accumulation fund in accordance with regulations;
(2) failing to examine and approve the withdrawal and use of housing accumulation fund by the employees in accordance with the provisions;
(3) failing to use the value-added income of the housing accumulation fund in accordance with the regulations;
(4) entrusting institutions other than banks designated by the housing fund management committee to handle the financial business of housing fund;
(5) failing to establish the subsidiary ledger of the staff's housing accumulation fund;
(6) failing to issue valid certificates for the employees who have paid the housing fund;
(7) failing to use the housing accumulation fund to purchase national bonds in accordance with the regulations. '
Article 39, as Article 41, is amended as: 'in case of misappropriation of the housing fund in violation of the provisions of these regulations, the construction administrative department of the State Council or the construction administrative department of the people's Government of the province or autonomous region shall recover the misappropriated housing fund and no illegal income in accordance with their administrative functions and powers; the person in charge of the people's government and the relevant departments who misappropriate or approve the misappropriation of the housing fund shall The person in charge of the Department and the person in charge of the management center of the housing accumulation fund and other persons directly responsible shall be investigated for criminal responsibility according to the provisions of the criminal law on the crime of misappropriation of public funds or other crimes. If the case is not serious enough for criminal punishment, the administrative punishment of demotion or dismissal shall be given. '
11. Add one article as Article 42: 'if the management center of housing accumulation fund violates the financial regulations, the financial department shall give administrative punishment according to law. '
According to the above modifications, the order of some articles shall be adjusted accordingly.
This decision shall come into force as of the date of promulgation.
The regulations on the administration of housing accumulation fund shall be revised and re promulgated in accordance with this decision.
General provisions
Article 1
These Regulations are formulated in order to strengthen the management of the housing fund, safeguard the legitimate rights and interests of the owners of the housing fund, promote the construction of urban housing, and improve the living standard of urban residents.
Second article
These Regulations are applicable to the payment, withdrawal, use, management and supervision of the housing accumulation fund within the territory of the people's Republic of China.
The term "housing fund" as mentioned in these Regulations refers to the long-term housing fund deposited by state organs, state-owned enterprises, urban collective enterprises, foreign-funded enterprises, urban private enterprises and other urban enterprises, institutions, private non enterprise units, social organizations (hereinafter referred to as "units") and their on-the-job employees.
Third article
The housing accumulation fund paid and deposited by the employees themselves and the housing accumulation fund paid and deposited by the units where the employees work belong to the employees themselves.
Fourth article
The management of the housing fund shall follow the principles of decision-making of the housing fund management committee, operation of the housing fund management center, bank special account storage and financial supervision.
Fifth article
The housing accumulation fund shall be used by the staff and workers to purchase, construct, rebuild and overhaul their own houses, and no unit or individual may misappropriate it for other purposes.
Sixth article
The deposit and loan interest rates of the housing accumulation fund shall be proposed by the people's Bank of China and submitted to the State Council for approval after soliciting the opinions of the construction administrative department under the State Council.
Seventh article
The construction administrative department of the State Council shall, in conjunction with the financial department of the State Council and the people's Bank of China, formulate and supervise the implementation of the housing provident fund policy.
The construction administrative departments of the people's governments of the provinces and autonomous regions, together with the financial departments at the same level and the branches of the people's Bank of China, shall be responsible for the supervision of the implementation of the administrative regulations and policies on housing accumulation fund within their respective administrative areas.
mechanism
Eighth article
Municipalities directly under the central government, cities where the people's governments of provinces and autonomous regions are located and other cities divided into districts (prefectures, prefectures and leagues) shall establish a housing fund management committee as the decision-making body for the management of housing fund. Among the members of the Management Committee of housing accumulation fund, the heads of the people's government, construction, finance, people's Bank and other relevant departments as well as relevant experts account for 1 / 3, the representatives of trade unions and employees account for 1 / 3, and the representatives of units account for 1 / 3.
The chairman of the housing fund management committee shall be a person with social credibility.
Ninth article
The Management Committee of housing fund shall perform the following duties in the management of housing fund:
(1) to formulate and adjust specific management measures for housing accumulation fund in accordance with relevant laws, regulations and policies, and supervise the implementation;
(2) to work out the specific payment and deposit proportion of the housing accumulation fund in accordance with the provisions of Article 18 of these regulations;
(3) to determine the maximum amount of loan for housing accumulation fund;
(4) to examine and approve plans for the collection and use of housing accumulation fund;
(5) to consider the distribution plan of the value-added income of the housing accumulation fund;
(6) to examine and approve the report on the implementation of the collection and use plan of the housing accumulation fund.
Tenth article
The municipalities directly under the central government, the cities where the people's governments of provinces and autonomous regions are located and other cities divided into districts (prefectures, prefectures and leagues) shall, in accordance with the principles of simplification and efficiency, establish a management center for housing accumulation fund, which shall be responsible for the management and operation of housing accumulation fund. County (city) does not set up housing fund management center.
The housing accumulation fund management center mentioned in the preceding paragraph may set up branches in counties (cities) where conditions permit. The management center of housing accumulation fund and its branches shall implement unified rules and regulations and conduct unified accounting.
The housing fund management center is an independent non-profit institution directly under the people's Government of the city.
Eleventh article
The housing fund management center shall perform the following duties:
(1) to formulate and implement plans for the collection and use of housing fund;
(2) to be responsible for recording the payment, withdrawal and use of the staff's housing fund;
(3) to be responsible for the accounting of housing fund;
(4) to examine and approve the drawing and use of housing accumulation fund;
(5) to be responsible for the maintenance and return of the housing fund;
(6) to prepare a report on the implementation of the plan for the collection and use of housing fund;
(7) to undertake other matters decided by the housing fund management committee.
Twelfth article
The Management Committee of the housing fund shall, in accordance with the relevant provisions of the people's Bank of China, designate the commercial bank entrusted to handle the financial business of the housing fund (hereinafter referred to as the entrusted bank); the management center of the housing fund shall entrust the entrusted bank to handle the financial business such as the loan and settlement of the housing fund and the procedures such as the establishment, payment and return of the housing fund account.
The housing fund management center shall sign a commission contract with the entrusted bank.
hand in for safekeeping
Thirteenth article
The housing fund management center shall establish a special account for housing fund in the entrusted bank.
The unit shall go to the housing accumulation fund management center to register the payment and deposit of housing accumulation fund, and go to the entrusted bank to handle the procedures for the establishment of the housing accumulation fund account for the unit's employees after the approval of the housing accumulation fund management center. Each employee can only have one housing fund account.
The housing accumulation fund management center shall establish a detailed account of the staff's housing accumulation fund to record the payment, deposit and withdrawal of the staff's personal housing accumulation fund.
Fourteenth article
The newly established unit shall, within 30 days from the date of establishment, go to the housing fund management center to register the payment and deposit of housing fund, and, within 20 days from the date of registration, go to the entrusted bank to go through the procedures for the establishment of housing fund account for its employees with the examination documents of the housing fund management center.
In case of merger, division, cancellation, dissolution or bankruptcy of a unit, the original unit or liquidation organization shall go through the change registration or cancellation registration in the housing fund management center within 30 days from the date of occurrence of the above situations, and shall go through the change registration or cancellation registration in the entrusted bank for the employees of the unit within 20 days from the date of completion of the change registration or cancellation registration with the examination documents of the housing fund management center Procedures for transferring or sealing up the housing accumulation fund account.
Fifteenth article
If a unit employs employees, it shall, within 30 days from the date of employment, go through the deposit registration at the housing fund management center, and handle the establishment or transfer of the employees' housing fund account at the entrusted bank with the examination documents of the housing fund management center