Guiding Opinions on Certain Specific Issues Concerning Housing Accumulation Fund Management

关于住房公积金管理若干具体问题的指导意见

Promulgating Institution: Ministry of Construction; Ministry of Finance; The People's Bank of China

Document Number: Jian Jin Guan [2005] No. 5

Promulgating Date: 01/10/2005

Effective Date: 01/10/2005

颁布机关: 建设部; 财政部; 中国人民银行

文      号: 建金管[2005]5号

颁布时间: 01/10/2005

实施时间: 01/10/2005

To the construction departments and the financial departments of all provinces and autonomous regions, all branches of the organizations of the People's Bank of China, and the management committees and the management centers of housing accumulation fund of the municipalities directly under the Central Government and the Xinjiang Production and Construction Corps:

    各省、自治区建设厅、财政厅，人民银行各分支机构，直辖市、新疆生产建设兵团住房公积金管理委员会、住房公积金管理中心：

In order to further improve the management of housing accumulation fund, to regulate fund allocation and application business, to establish a sound risk-prevention mechanism, and safeguard the legal rights and interests of fund payers and depositors, to exert the function of housing accumulation fund system, the following opinions on certain specific issues concerning housing accumulation fund management are hereby promulgated:

    为进一步完善住房公积金管理,规范归集使用业务,健全风险防范机制,维护缴存人的合法权益,发挥住房公积金制度的作用,现就住房公积金管理若干具体问题提出如下意见:

1. State authorities, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, public institutions, private non-enterprise organizations, social organizations (collectively, organizations) and their employees in active service shall pay or deposit housing accumulation fund in accordance with the provisions of the Regulations on Housing Accumulation Fund Management (Decree No. 350 of the State Council and hereinafter, the Regulations). With respect to places of adequate conditions, migrant workers from rural areas who are employed by an urban organization, the organizations and their employees may pay and deposit the housing accumulation fund; urban sole proprietors and free-lancers may apply for paying and depositing the housing accumulation fund, of which the wage base for monthly deposit fund shall be the average monthly taxable income of the fund payer or depositor.

    —、国家机关、国有企业、城镇集体企业、外商投资企业、城镇私营企业及其他城镇企业、事业单位、民办非企业单位、社会团体(以下统称单位)及其在职职工,应当按《住房公积金管理条例》(国务院令第350号,以下简称《条例》)的规定缴存住房公积金。有条件的地方,城镇单位聘用进城务工人员,单位和职工可缴存住房公积金;城镇个体工商户、自由职业人员可申请缴存住房公积金,月缴存额的工资基数按照缴存人上一年度月平均纳税收入计算。

2. Cities with subordinate districts (including regions, prefectures, and leagues, same below) shall, based on their local economic and social development situations and considering the affordability of all aspects, reasonably determine the payment and deposit proportion of housing accumulation fund strictly in accordance with the procedures as specified by the Regulations. The proportion for an organization and its employees shall be no less than 5% and in principle no higher than 12%. With regard to organizations that pay housing subsidies to the employees by adopting the method of raising the payment and deposit proportion of housing accumulation fund, the circumstance shall be indicated in the individual accounts of the employees. Corrections shall be made to the payment and deposit proportion of housing accumulation fund that is not submitted to a people's government of a province, an autonomous region or a municipality directly under the Central Government for approval in accordance with specified procedures.

    二、设区城市(含地、州、盟,下同)应当结合当地经济、社会发展情况,统筹兼顾各方面承受能力,严格按照《条例》规定程序,合理确定住房公积金缴存比例。单位和职工缴存比例不应低于5%,原则上不高于12%。采取提高单位住房公积金缴存比例方式发放职工住房补贴的,应当在个人账户中予以注明。未按照规定程序报省、自治区、直辖市人民政府批准的住房公积金缴存比例,应予以纠正。

3. In principle, the monthly wage base for payment and deposit of housing accumulation fund shall not exceed two or three times of the monthly average wage of employees in the last year, published by the statistics departments of the cities with subordinate districts where the employees work. Specific standard thereof shall be determined by each place based on actual situations. Employees' monthly average wage shall be calculated according to the items included in total wage amount as specified by the National Bureau of Statistics.

    三、缴存住房公积金的月工资基数,原则上不应超过职工工作地所在设区城市统计部门公布的上一年度职工月平均工资的2倍或3倍。具体标准由各地根据实际情况确定。职工月平均工资应按国家统计局规定列入工资总额统计的项目计算。

4. All places shall, in accordance with the provisions of the Regulations, establish sound examination and approval system for the organizations' reduction of fund payment and deposit proportions or delay of such payment, determine the specific requirements, the necessary documents and the handling procedures thereof. No management committee or center of housing accumulation fund (hereinafter, management center) may approve any reduction of fund payment or deposit proportion or delay of the payment in the absence of approval thereof at the staff representative meeting or the trade union of an organization upon discussion.

    四、各地要按照《条例》规定,建立健全单位降低缴存比例或者缓缴住房公积金的审批制度,明确具体条件、需要提供的文件和办理程序。未经本单位职工代表大会或者工会讨论通过的,住房公积金管理委员会和住房公积金管理中心(以下简称管理中心)不得同意降低缴存比例或者缓缴。

5. An organization shall, under the circumstances of merger, division, cancellation, bankruptcy, dissolution, restructuring or the like, make up the payment for its employees for their housing accumulation fund that has not been completely paid (including unpaid amount and short-paid amount). Where the organization is not capable to make such payment at the time of merger, division and system reorganization, it shall specify the subject responsible for the payment before it can go through the formalities for the matters relating to its merger, division or restructuring, etc. A newly-establish organization shall timely complete necessary formalities for the payment and deposit of housing accumulation fund in accordance with provisions.

    五、单位发生合并、分立、撤销、破产、解散或者改制等情形的,应当为职工补缴以前欠缴(包括未缴和少缴)的住房公积金。单位合并、分立和改制时无力补缴住房公积金的,应当明确住房公积金缴存责任主体,才能办理合并、分立和改制等有关事项。新设立的单位,应当按照规定及时办理住房公积金缴存手续。

6. The amount of housing accumulation fund that an organization has to make up (including that paid by the organization voluntarily and that paid through compulsory measures of a people's court) may be determined by adopting different methods in accordance with actual situations: if the organization has never paid or deposited housing accumulation fund, in principle it shall make up the amount that it has owed to its employees from the month in which the Regulation (Decree No. 262 of the State Council) is promulgated. If the organization fails to pay or deposit housing accumulation fund in accordance with specified scope of employees and standard, it shall make up the payment for its employees. Where an organization refuses to provide information on the wages of its employees, or where its employees have objection to the wage information it provides, the management center may calculate on the basis of the wage standard determined by local labor department and judicial department, or the average wage of employees in the last year, published by the statistics department of the city with subordinate districts where the organization locates.

    六、单位补缴住房公积金(包括单位自行补缴和人民法院强制补缴)的数额,可根据实际采取不同方式确定:单位从未缴存住房公积金的,原则上应当补缴自《条例》(国务院令第262号)发布之月起欠缴职工的住房公积金。单位未按照规定的职工范围和标准缴存住房公积金的,应当为职工补缴。单位不提供职工工资情况或者职工对提供的工资情况有异议的,管理中心可依据当地劳动部门、司法部门核定的工资,或所在设区城市统计部门公布的上年职工平均工资计算。

7. Where a satisfied employee applies for withdrawing the remaining sum in his/her own housing accumulation fund account under stipulated circumstances, his/her organization shall issue corresponding withdrawal certificate after verification. Where an organization fails to issue such certificate, the employee may directly apply for withdrawing the housing accumulation fund to the management center or the authorized bank in virtue of valid evidential documents.

    七、职工符合规定情形,申请提取本人住房公积金账户内存储余额的,所在单位核实后,应出具提取证明。单位不为职工出具住房公积金提取证明的,职工可以凭规定的有效证明材料,直接到管理中心或者受委托银行申请提取住房公积金。

8. Where an employee does not apply for the loan of individual housing accumulation fund when purchasing, building, remodeling or thoroughly repairing his/her house, in principle the employee and his/her spouse may withdraw the remaining sum in his/her housing accumulation account at one or more than one time in virtue of valid evidential materials within one year as of the purchase, building or thorough repair. The total accumulative amount withdrawn from the accounts of both, the husband and the wife shall not exceed the actual expenditure.

    八、职工购买、建造、翻建、大修自住住房,未申请个人住房公积金贷款的,原则上职工本人及其配偶在购建和大修住房一年内,可以凭有效证明材料,一次或者分次提取住房公积金账户内的存储余额。夫妻双方累计提取总额不能超过实际发生的住房支出。

9. Migrant workers from rural areas, urban sole proprietors and free-lancers may, while purchasing housing for their own use or purchasing and building housing for their own use at places of their household registration, may withdraw the remaining sum in their and their spouses' housing accumulation fund accounts in virtue of house-purchase contracts, land-use certificates and other valid evidential documents.

    九、进城务工人员、城镇个体工商户、自由职业人员购买自住住房或者在户口所在地购建自住住房的,可以凭购房合同、用地证明及其他有效证明材料,提取本人及其配偶住房公积金账户内的存储余额。

10. An employee is entitled to urban minimum living guarantee if an employee fails to seek re-employment after termination of the labor relation with his/her former employer, or if he/she loses work abilities in part or full, or if he/she encounters any other sudden event, and thus his/her family suffers severe difficulties, he/she may withdraw the remaining sum in his/her housing accumulation fund account.

    十、职工享受城镇最低生活保障;与单位终止劳动关系未再就业、部分或者全部丧失劳动能力以及遇到其他突发事件,造成家庭生活严重困难的,提供有效证明材料,经管理中心审核,可以提取本人住房公积金账户内的存储余额。

11. Where the former employer of an employee fails to handle the formalities for the change of registration of his/her housing accumulation fund and the formalities for account transfer in the case of the employee's transfer of work, the employee may file a complaint to the management center, or alternatively, directly apply for handling formalities of account transfer to the management center in virtue of valid evidential documents.

    十一、职工调动工作,原工作单位不按规定为职工办理住房公积金变更登记和账户转移手续的,职工可以向管理中心投诉,或者凭有效证明材料,直接向管理中心申请办理账户转移手续。

12. Where an employee moves to another city with subordinate districts due to his/her transfer of work, after his/her new employer completes the formalities for him/her to establish the housing accumulation fund account, the management center at the place where the new employer is located shall issue a certificate for his/her new account as well as an application for transfer of his/her account upon individual requirements to the management center of the place where his/her former employer is located. The management center of the place where his/her former employer is located shall, upon verification with his/her former employer, complete the formalities for change in registration and account; where the original account is blocked, the center may directly go through the formalities for account reallocation. In principle, means of account transfer shall be adopted; where such means are impossible, transfer by telegraph or by letter may be adopted. Where the new employer has not implemented the system of housing accumulation fund, the management center of the place where the former employer is located may temporarily freeze the employee's account.

    十二、职工调动工作到另一设区城市的,调入单位为职工办理住房公积金账户设立手续后,新工作地的管理中心应当向原工作地管理中心出具新账户证明及个人要求转账的申请。原工作地管理中心向调出单位核实后,办理变更登记和账户转移手续;原账户已经封存的,可直接办理转移手续。账户转移原则上采取转账方式,不能转账的,也可以电汇或者信汇到新工作地的管理中心。调入单位未建立住房公积金制度的,原工作地管理中心可将职工账户暂时封存。

13. Where an employee needs to apply for individual housing loan due to his/her purchasing, building, remodeling or thoroughly repairing the house of his/her own use, the authorized bank shall offer him/her the loan of housing accumulation fund in the first place. The management center or the authorized bank shall once notify the employee of the files and documents to be submitted while the employee shall complete the formalities for loan within 15 working days after submitting necessary files and documents. Where such formalities are not completed within such 15 days, the time limit may be extended for another five working days upon approval of the person in charge of the management center and the applicant shall be notified of the reasons of such extension. An employee is not allowed to file another application for the loan of housing accumulation fund until he/she pays off the loan.

    十三、职工购买、建造、翻建和大修自住住房需申请个人住房贷款的,受委托银行应当首先提供住房公积金贷款。管理中心或者受委托银行要一次性告知职工需要提交的文件和资料,职工按要求提交文件资料后,应当在15个工作日内办完贷款手续。15日内未办完手续的,经管理中心负责人批准,可以延长5个工作日,并应当将延长期限的理由告知申请人。职工没有还清贷款前,不得再次申请住房公积金贷款。

14. Migrant workers from rural areas, urban sole proprietors, and free-lancers may apply for the loan of housing accumulation fund in accordance with provisions when purchasing an apartment for their own use.

    十四、进城务工人员、城镇个体工商户和自由职业人员购买自住住房时,可按规定申请住房公积金贷款。

15. The management center and the authorized bank shall, in accordance with the provisions of the agreement of authorized loan, strictly examine and verify the identity, the repaying ability and the personal credit of a borrower, the legality and truthfulness of the housing to-be-built or purchased, and strengthen the examination over mortgaged goods and guarantee ability of the guarantor. They shall examine and approve loans one by one and authorize banks to handle loan formalities one by one.

    十五、管理中心和受委托银行应按照委托贷款协议的规定,严格审核借款人身份、还款能力和个人信用,以及购建住房的合法性和真实性,加强对抵押物和保证人担保能力审查。要逐笔审批贷款,逐笔委托银行办理贷款手续。

16. The loan shall be transferred into the account of the housing seller or the housing-construction and housing-repair undertaker at a bank; the loan shall neither be directly transferred into the borrower's account nor directly paid in cash to the borrower.

    十六、贷款资金应当划入售房单位(售房人)或者建房、修房承担方在银行开设的账户内,不得直接划入借款人账户或者支付现金给借款人。

17. A borrower shall, if he/she authorizes another person or an intermediary agency to handle formalities, conclude a written power of attorney with the person or the agency. The management center shall establish a system of interview with borrower, verify relevant situations and guide the borrower to sign the loan contract, the guarantee contract and relevant documents in its presence.

    十七、借款人委托他人或者中介机构代办手续的,应当签订书面委托书。管理中心要建立借款人面谈制度,核实有关情况,指导借款人在借款合同、担保合同等有关文件上当面签字。

18. All places shall formulate the maximum amount for the loan of housing accumulation fund based on the average price of affordable housing or ordinary commodity housing and the average housing conditions of the residents at local places. In determining the specific loan amount for an individual employee, some of the factors such as price of the housing to-be-constructed or purchased, repaying ability of the borrower and the remaining sum in the borrower's housing accumulation fund account shall be comprehensively taken into consideration.

    十八、各地要根据当地经济适用住房或者普通商品住房平均价格和居民家庭平均住房水平,拟订住房公积金贷款最高额度。职工个人贷款具体额度的确定,要综合考虑购建住房价格、借款人还款能力及其住房公积金账户存储余额等因素。

19. Where an employee uses individual housing loan (including commercial loan and loan of housing accumulation fund), the employee and his/her spouse may withdraw the remaining sum in his/her housing accumulation fund account in accordance with provisions and use the fund for paying off principal and interest. The amount to be withdrawn each time shall not exceed the amount of the interest for the loan to be repaid in current period while the amount to be withdrawn for advance repayment shall not exceed the remaining sum of the housing accumulation fund loan.

    十九、职工使用个人住房贷款(包括商业性贷款和住房公积金贷款)的,职工本人及其配偶可按规定提取住房公积金账户内的余额,用于偿还贷款本息。每次提取额不得超过当期应还款付息额,提前还款的提取额不得超过住房公积金贷款余额。

20. Where an employee purchases housing at a city with subordinate districts other than the one where his/her housing accumulation fund is paid and deposited, the employee may apply for the loan of housing accumulation fund to the management center at the place of the housing; the management center at the place where his/her housing accumulation fund is paid and deposited shall provide active assistance in issuing the certificate for payment and deposit of the employee's housing accumulation fund as well as in investigating the borrower's repaying ability, personal credit and other situations.

    二十、职工在缴存住房公积金所在地以外的设区城市购买自住住房的,可以向住房所在地管理中心申请住房公积金贷款,缴存住房公积金所在地管理中心要积极协助提供职工缴存住房公积金证明,协助调查还款能力和个人信用等情况。

These opinions shall be implemented from its promulgation date. All places may formulate specific measures by considering their actual situations.

    本意见自发布之日起实施。各地可以结合实际制订具体办法。

Ministry of Construction

Ministry of Finance

People's Bank of China

January 10, 2005

建设部

财政部

中国人民银行

二○○五年一月十日