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

　　Article 17 A new worker or staff shall begin to pay and deposit the housing provident fund from the second month after his or her beginning of work, the monthly amount of payment and deposit equals to the product of his or her salary in this month timing the payment and deposit ratio of housing provident fund of the worker or staff.

　　A newly transferred into worker or staff of a unit shall begin to pay and deposit the housing provident fund from the day on which the new unit pays him salary, the monthly amount of payment and deposit equals to the product of his or her salary in this month timing the payment and deposit ratio of housing provident fund of the worker or staff.

　　Article 18 The payment and deposit ratio of housing provident fund of a worker and staff as well as a unit shall not be less than 5% of the monthly average salary in the last year; cities with good circumstances may properly raise the payment and deposit ratio. The specific payment and deposit ratio shall be drawn out by the housing committee, and then, after being verified by the people's government at the same level, be submitted to the people's government of a province, an autonomous region or a municipality directly under the Central Government for approval.

　　Article 19 The housing provident fund to be paid and deposited by a worker or staff shall be withheld monthly from his or her salary by the unit to which he belongs.

　　The unit shall collectively pay the housing provident fund that is paid and deposited by the unit and that is withheld for its workers and staff into the special bank account of housing provident fund within 5 days from the payday every month, which shall be calculated into the account of housing provident fund of workers and staff by the commissioned bank.

　　Article 20 A unit shall timely pay and deposit housing provident fund in full amount, and shall not pay and deposit it after the expiration of the time period or pay it not in full amount.

　　If the unit has difficulty in paying housing provident fund, through the discussion by the worker representative conference or the labo

r union, after verification of the managing center of housing provident fund and approval of the housing committee, it can lower the ratio of payment or defer the payment. When the business running is better, the ratio shall be raised and the housing provident fund be repaid.

　　Article 21 The housing provident fund shall be calculated interest according to the prescribed interest rate of the State from the day when it is deposited into the housing provident fund account of workers and staff.

　　Article 22 The managing center of housing provident fund shall issue valid certificates certifying the payment and deposit of housing provident fund to the workers and staff who have paid and deposited housing provident funs.

　　Article 23 The housing provident fund paid and deposited by a unit for its workers and staff shall be listed as outlay according to the following provisions:

　　(1) an organ shall list it into budget;

　　(2) an institution shall list it into budget or expense after the verification of income and expenditure by the financial department;

　　(3) an enterprise shall list it as cost

　　Chapter Four Withdrawal and Use

　　Article 24 Under any one of the following circumstances, a worker or staff may withdraw the remaining money in the housing provident fund account of a worker or staff:

　　(1) buying, building, overhauling or repairing the house for self living;

　　(2) retirement;

　　(3) completely losing the ability to work and terminating the labor relation with the former unit;

　　(4) registered permanent residence being transferred out of the former city or county or settling in any foreign country;

　　(5) repaying the loan and its interest for buying a house;

　　(6) the rent for the house exceeds the prescribed ratio of a family's salary.

　　Where the housing provident fund of a worker or staff is withdrawn according to the provisions of the Sub-paragraphs (2), (3) and (4) of the preceding paragraph, the account of housing provident fund of the said worker or staff shall be cancelled at the same time.

　　Where a worker or staff is dead or is declared dead, his heir and devisee may withdraw the remaining money in the housing provident fund account of the worker or staff; where there is no heir or beneficiary of will, the remaining money in the housing provident fund account of the worker or staff shall be merged into the value-added proceeds of housing provident fund

　　Article 25 Where a worker or staff withdraws the remaining money in the housing provident fund account of the worker or staff, the unit to which he belongs shall undertake verification and issue a certification of withdrawal.

　　The worker or staff shall, on the basis of the certification of withdrawal, apply to the managing center of housing provident fund for withdraw housing provident fund. The managing center shall make a decision of withdrawal or non-withdrawal within 3 days of the acceptance of the application and inform the worker or staff; where the withdrawal id approved, the commissioned bank shall undergo the procedures of payment.

　　Article 26 When buying, building, overhauling or repairing a house for self living, a worker or staff paying and depositing housing provident fund may apply to the managing center of housing provident fund for the loan of housing provident fund.

　　The managing center of housing provident fund shall make the decision of granting or not granting the loan with 15 days of the acceptance of the application and inform the applicant; where the loan is granted, the commissioned bank shall undergo the procedures for loan.

　　The risk arising from the loan of housing provident fund shall be borne by the managing center of housing provident fund.

　　Article 27 An applicant applying for the loan of housing provident fund shall offer guarantee.

　　Article 28 Un

der the prerequisite of ensuring the withdrawal and loan of housing provident fund, the managing center of housing provident fund may, upon the approval of the housing committee, use the housing provident fund to buy the national debt.

　　The managing center of housing provident fund shall not offer guarantee for others.

　　Article 29 The value-added proceeds of housing provident fund shall be deposited into the special account of value-added proceeds of housing provident fund opened in the commissioned bank by the managing center of housing provident fund, and shall be used for establishing the risk preparation fund of the loan of housing provident fund, for administrative expenditure of the managing center of housing provident fund and for supplementary fund of building urban cheaply renting houses.

　　Article 30 With respect to the administrative expenditure of a managing center of housing provident fund, the managing center shall, according to the prescribed standard, make a budget of whole amount of expenditures through the year, and submit it to the financial department of the people's government at the same level for approval, handed over to the finance at the same level from the increased benefit of housing provident fund and appropriated by the finance at the same level.

　　The standard for administrative expenditure of a managing center is to be set on the basis of the standard slightly higher than the State prescribed stand for institutions by the competent department of construction administration under the people's government of a province, an autonomous region or a municipality directly under the Central Government, together with the financial department at the same level, and financial department in charge at the same level.

　　Chapter Five Supervision

　　Article 31 The financial department of the relevant local people's government shall strengthen the supervision on the collection, withdrawal and use of housing provident fund within its administrative region and makes report to the housing committee of the people's government at the same level.

　　When making the plan for collecting and using the housing provident fund, the managing center of housing provident fund shall solicit the opinion of the financial department.

　　The financial department must participate in the examination and approval of the report on the plan for collecting and using housing provident fund and the implementation of the plan by the housing committee.

　　Article 32 The annual budget and settlement of housing provident fund made by the managing center of housing provident fund shall, after being verified by the financial department, be submitted to the housing committee for examination and discussion.

　　Every year the managing center of housing provident fund shall regularly send the financial report to the financial department and the housing committee and publicize it to society.

　　Article 33 The managing center of housing provident fund shall subject itself to the supervision through auditing from the audit department.

　　Article 34 The managing center of housing provident fund and its workers and staff are entitled to supervise and urge a unit to fulfill the following duties in time:

　　(1) the payment and deposit registration of housing provident fund or the registration of its alteration or termination;

　　(2) the opening, transferring and sealing up of the housing provident fund account;

　　(3) paying and depositing housing provident fund in full amount.

　　Article 35 The managing center of housing provident

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