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

fund shall supervise and urge the commissioned bank to timely handle the business agreed upon in the commission contract.

　　The commissioned bank shall, according to the agreement in the commission contract, regularly provide the relevant data to the managing center of housing provident fund.

　　Art

icle 36 Workers and staff as well as units are entitled to make inquiries about the payment, deposit and withdrawal of their own housing provident fund, the managing center of housing provident fund and the commissioned bank shall not refuse the inquiries.

　　Where a worker or staff or a unit has any objections to the remaining money in the housing provident fund account, he or it may apply to the commissioned bank to recheck; where having objections to the recheck result, he or it may apply to the managing center of housing provident fund to recheck again. The managing center of housing provident fund and the commissioned bank shall give a written reply within 5 days of the receipt of the application.

　　Workers and staff are entitled to disclose, impeach and indict the act of misappropriating housing provident fund.

　　Chapter Six Penalty Provisions

　　Article 37 Where a unit, in violation of the provisions of these Regulations, fails to make the payment and deposit registration of housing provident fund or fails to undergo the procedure for its workers and staff to open the housing provident fund account, the managing center of housing provident fund shall order it to be undertaken within a specified time limit; where it is not undertaken by the expiration of the specified time limit, a fine of not less than 10,000 yuan nor more than 50,000 yuan shall be imposed.

　　Article 38 Where a unit, in violation of the provisions of these Regulations, fails to pay or pays not in full amount the housing provident fund by the expiration of the time limit, the managing center of housing provident fund shall order it to be paid and deposited within a specified time limit; where it is not paid and deposited yet by the expiration of the specified time limit, compulsory enforcement by the people's court may be applied.

　　Article 39 Where, in violation of the provisions of these Regulations, the housing provident fund is appropriated, it shall be recovered; where there are any illegal gains, such illegal gains shall be confiscated and merged into housing provident fund; where a crime is constituted, criminal liability shall be investigated according to law; where no crime is constituted, administrative sanctions shall be imposed upon the persons in charge directly responsible and the other direct responsible persons.

　　Article 40 Where the managing center of housing provident fund, in violation of the provisions of these Regulations, offers guarantee for others, the persons in charge directly responsible and the other direct responsible persons shall be imposed administrative sanctions.

　　Article 41 In the work of supervision and administration of housing provident fund, functionaries in State organs who abuse their powers, neglect their duties or practice favoritism shall be investigated for criminal liabilities where crimes are constituted; where no crime is constituted, administrative sanctions shall be imposed.

　　Chapter Seven Supplementary Provisions

　　Article 42 The measures for financial management and accounting of housing provident fund are to be formulated by the financial department of the State Council in consultation with the construction department of the State Council.

　　Article 43 The unit that has not make the payment and deposit registration of housing provident fund or has not undergone the procedure of opening housing provident fund account of workers and staff before the effectiveness of these Regulations shall, within 60 days after the date of effectiveness of these Regulations, make the payment and deposit registration of housing provident fund with the managing center of housing provident fund, and undergo the procedure of opening housing provident fund account with the commissioned bank.

　　Article 44 These Regulations take effect as of the date of promulgation

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