住房公积金管理条例 Regulations on Management of Housing Provident Fund

(Adopted at the 15th Executive Meeting of the State Council on March 17th, 1999, and promulgated by Decree No.262 of the State Council of People's Republic of China on April 3, 1999)
颁布日期：19990403 　实施日期：19990403 　颁布单位：国务院

　　Chapter One General Provisions

　　Article 1 These Regulations are formulated with a view to strengthening the management of, protecting the legal rights and interests of housing provident fund owners, promoting the construction of houses in cities and towns, and improving the housing standard of residents in cities and towns.

　　Article 2 These Regulations are applicable to the payment and deposit, withdrawal, use, management and supervision of housing provident fund within the territory of the People's Republic of China.

　　The term "housing provident fund" as referred to in these Regulations means long-term housing deposit fund collected from State organs, State-owned enterprises, collectively owned enterprises in cities and towns, enterprises with foreign investment, private enterprises in cities and towns as well as other enterprises and institutions in cities and towns (hereinafter referred to as units) and their on-the-job workers and staff.

　　Article 3 The housing provident fund paid and deposited by workers and staff themselves as well as that paid and deposited by units to which the workers and staff belong is owned by the workers and staff themselves.

　　Article 4 The principle that the housing committee makes decisions, the managing center of housing provident fund operates, the bank deposits in special account and the finance supervises shall be excised in the management of housing provident fund.

　　Article 5 Housing provident fund shall be used by workers and staffs for buying, building, overhauling and repairing houses for self living and shall not be misused by any unit or individuals for other purposes.

　　Article 6 The deposit interest and loan interest of housing provident fund shall be lodged by the People's Bank of China and then, after soliciting the opinion of the competent department of construction administration of the State Council, submitted to the State Council for approval.

　　Article 7 The competent department of construction administration of the State Council shall, together with the financial department of the State Council and the People's Bank of China, work out policies on housing provident fund and supervise the fulfillment.

　　The competent department of construction administration under the people's government of a province or an autonomous region is responsible for directing the management work in relation to housing provident fund within its administrative region.

　　Chapter Two Organs and Their Functions and Responsibilities

　　Article 8 In a municipality directly under the Central Government, a city where the people's government of a province or an autonomous region is located as well as any other city divided into districts, a housing committee composed of the responsible persons of the people's government, the responsible persons of financial department, construction department and other departments as well as the representatives of the trade union and specialists shall be set up as the decision-making organ of management of housing provident fund

　　Article 9 The housing committee shall perform the following functions and responsibilities in the management of housing provident fund:

　　(1) work out and adjust the specific measures for the management of housing provident fund and supervise the implementation thereof in according to the relevant laws, regulations and policies

　　(2) set the specific payment and deposit ratio of housing provident fund according to the provisions of Article 18 of these Regulations;

　　(3) decide on the highest amount of loan of housing provident fund;

　　(4) examine and approve the pla

n for collecting and using the housing provident fund;

　　(5) examine and approve the report on the implementation of the plan for collecting and using the housing provident fund;

　　Article 10 In a municipality directly under the Central Government, a city where the people's government of a province, an autonomous region is located and a city divided into districts, a managing center of housing provident fund, which is to be responsible for managing and operating housing provident fund, shall be set up on the basis of the principle of simplification and efficiency.

　　No managing center of housing provident fund, in principal, shall be set up in a county (city); where its establishment is necessary indeed, the matter shall be submitted to the people's government of province, autonomous region and municipality directly under the Central Government for approval.

　　The managing center of housing provident fund is a not-for-profit and independent institution.

　　Article 11 The managing center of housing provident fund shall fulfill the following functions and responsibilities:

　　(1) make and implement the plan for collecting and using housing provident fund;

　　(2) record the payment and deposit, withdrawal and use of housing provident fund of worker and staff;

　　(3) take the responsibility of the assessment of housing provident fund

　　(4) examine and approve the withdrawal and use of housing provident fund;

　　(5) take the responsibility of the value-keeping and return of housing provident fund;

　　(6) make the report on the implementation of the plan for collecting and using housing provident fund;

　　(7) undertake other work decided by the housing committee.

　　Article 12 The managing center of housing provident fund shall, according to the relevant provisions of the People's Bank of China, commission the bank designated by the housing committee (hereinafter referred to as the commissioned bank) to undertake banking businesses such as loan and settlement of housing provident fund and to undergo procedures such as the open, payment and deposit, and return of housing provident fund.

　　The managing center of housing provident fund shall sign a contract for commission with the commissioned bank.

　　Chapter Three Payment and Deposit

　　Article 13 The managing center of housing provident fund shall open a special account of housing provident fund in the commissioned bank.

　　A unit shall undertake registration of payment and deposit of housing provident fund at the managing center of housing provident fund and then, upon the verification by the managing center of housing provident fund, undergo the procedures of opening the account of housing provident fund for its workers and staff at the commissioned bank. Each worker and staff shall only have one account of housing provident fund.

　　The managing center of housing provident fund shall establish a subsidiary book of housing provident fund of workers and staff, which records the payment and deposit and withdrawal of the housing provident fund by individual worker and staff.

　　Article 14 A newly-established unit shall undertake the registration of payment and deposit of housing provident fund at the managing center of housing provident fund within 30 days of its establishment, and shall , on the basis of the verification documents of the managing center of housing provident fund, undergo the procedure of opening the accounts of housing provident fund for its workers and staff at the commissioned bank within 20 days of the registration.

　　In case of merger, separation, termination, dissolvent or bankruptcy of a unit, the original unit or the liquidation group shall, within 30 days of the occurrence of the above-mentioned situations, undertake the alteration registration or termination registration at the managing center of housing providen

t fund, and shall, on the basis of verification documents of the managing center of housing provident fund, undergo the procedures of transferring or sealing up the accounts of housing provident fund for its workers and staff at the commissioned bank within 20 days of the completion of the registration of alteration registration or termination registration.

　　Article 15 If a unit employs a new worker or staff, the unit shall undertake the registration of payment and deposit at the managing center of housing provident fund within 30 days of the employment, and shall, on the basis of the verification documents of the managing center of housing provident fund, undergo the procedure of opening or transferring the account of housing provident fund of workers and staff at the commissioned bank.

　　In case of the termination of the labor relationship between the unit and a worker or staff, the unit shall undertake the alteration registration at the managing center of housing provident fund within 30 days of the termination of the labor relationship, and shall, on the basis of the verification documents of the managing center of housing provident fund, undergo the procedure of transferring or sealing up the account of housing provident fund at the commissioned bank.

　　Article 16 The monthly amount of housing provident fund paid and deposited by a worker or staff equals to the product of his or her average monthly salary in last year timing the payment and deposit ratio of housing provident fund of the worker or staff.

　　The monthly amount of housing provident fund paid and deposited by a unit for a worker or staff equals to the product of the average monthly salary of the worker or staff in last year timing the payment and deposit ratio of housing provident fund of the unit.

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