Legal analysis: housing provident fund loans cannot be handled by others' housing provident fund, but only by themselves or their spouses. The housing accumulation fund shall be used for the purchase, construction, renovation and overhaul of owner-occupied housing by employees, and no unit or individual may use it for other purposes. Workers who have paid housing provident fund can apply for housing provident fund loans to the housing provident fund management center when purchasing, building, renovating or overhauling their own houses.
Legal basis: "Regulations on the Management of Housing Provident Fund" Article 3 The housing provident fund paid by individual employees and the housing provident fund paid by the unit for employees belong to individual employees. Article 5 The housing accumulation fund shall be used for the purchase, construction, renovation and overhaul of self-occupied housing by employees, and no unit or individual may use it for other purposes. Forty-fourth national staff in the supervision and management of housing provident fund,,, constitute a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Can I buy a house with someone else's provident fund?
No, you can't buy a house with someone else's provident fund loan.
Only by giving the money to others and writing your name on the real estate license can you use other people's provident fund. However, there are risks and it is not recommended.
You can only use your own provident fund loan to buy a house, not someone else's, unless you put the name on the house purchase contract as the lender's name.
No, I need my own.
If an employee withdraws the housing provident fund by bank card transfer, he/she shall select "Bank Card Transfer" in the column of "Withdrawal Method" and fill in the account name and. Upon examination, those who meet the withdrawal conditions will be paid directly to the designated bank card by Hangzhou Housing Provident Fund Management Center. At present, the bank card transfer method is limited to cards with UnionPay logo that can be used normally (except foreign banks).
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Can I borrow money from other people's housing provident fund?
Yes, but you can buy a house with someone else's provident fund loan, provided that his name is on the real estate license, otherwise you can't use his provident fund loan. Buying a house is no small matter. Let's take a relative's provident fund loan as an example to explain the risk of buying a house with someone else's provident fund loan.
First of all, your risk
1. You need to apply for the house title certificate purchased by the housing accumulation fund in the name of your relatives, which means that you don't own the house property right in the legal sense, and you are paying the monthly mortgage for your relatives. Once your relatives don't admit that this house is yours, you are in great danger.
2. It will be more troublesome to transfer the mortgage after the operation of the provident fund, so if you want to transfer the provident fund loan in your own name, and the repayment of the provident fund has already been paid in half, the procedure will be very troublesome.
3. If you repay half of the loan and change your name later, you need to pay a lot of taxes and fees, and you should also consider who will pay the expenses.
Second, the risk of relatives.
1. The name of your relative's house. Once the repayment is not made or defaulted, the personal credit of relatives will be affected.
2. Before paying off the loan of this house, if your relatives (husband and wife) want to use the provident fund loan to buy a house again, they cannot use the provident fund loan again unless they pay off the provident fund loan of this house.
3. After you use your relatives' provident fund, if they want to borrow money to buy a house (commercial loan) again, they need to implement two sets of housing loan policies: the interest rate will rise 10% on the basis of the benchmark interest rate in the same period (that is, 1. 1 times of the benchmark interest rate in the same period), and the down payment will be at least 60%.
Buying a house with someone else's provident fund loan, as long as it is within the loan period, the property owner or creditor is not allowed to execute the property at will. Only the mortgage bank has the right to dispose of the property, because the mortgage certificate of the house is in the bank.
It is suggested that you and your brother be listed as property owners in the real estate license, which can also reduce the handling fees and taxes for transferring or changing the property owners in the future.
Extended data:
The housing accumulation fund system is actually a housing security system and a form of monetization of housing distribution. The housing accumulation fund system is an important social security system for housing stipulated by national laws, which is mandatory, mutually supportive and guaranteed. Units and individual employees must fulfill their obligations to pay housing provident fund according to law. The housing provident fund paid by individual employees and the housing provident fund paid by the unit shall be stored in special accounts and owned by individual employees.
FREQUENTLY ASKED QUESTIONS
1. What is the housing provident fund?
Answer: It refers to the long-term housing savings paid by all state organs, institutions, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, private non-enterprise units, social organizations and their employees within the administrative area of this Municipality.
2. What does "salaried employee" mean?
Answer: "salaried employees" refer to employees who have established and formed labor relations with employers:
(1) The person who has entered into a labor contract with the unit according to law and received wages;
(2) Persons who are temporarily unemployed due to study, work injury, maternity leave and other reasons. , but still keep jobs and pay wages by the unit;
(3) On-the-job personnel who have formed factual labor relations as determined by the labor and social security department.
3. Are there any household registration restrictions for employees who pay housing provident fund?
Answer: As long as they are employees who have established and formed labor relations with the employing unit and have registered permanent residence in rural areas, cities or other places, it will not affect the housing provident fund deposit.
4. What are the responsibilities of the housing provident fund management center?
Answer: (1) Prepare and implement the plan for the collection and use of housing provident fund;
(2) Responsible for recording the deposit, withdrawal and use of employee housing provident fund;
(3) Responsible for the accounting of housing provident fund;
(four) to approve the extraction and use of housing provident fund;
(5) Responsible for the preservation and return of housing provident fund;
(six) the preparation of housing provident fund collection and use plan implementation report;
(seven) to undertake other matters decided by the housing provident fund management committee.
5. Who owns the paid housing provident fund?
Answer: The housing accumulation fund paid by individual employees and the housing accumulation fund paid by the employee's unit for employees belong to individual employees.
6. How to register and open an account for the unit housing provident fund?
Answer: When registering the deposit of the unit housing provident fund, the manager of the unit will go to the designated outlet of the housing provident fund management center to get the relevant forms, register the deposit of the housing provident fund, open an account of the unit and individual employees, and provide:
(1) Registration Form for Opening an Account for Housing Provident Fund (with official seal and financial seal);
(2) Housing provident fund deposit base table (with financial seal);
(3) On-the-job employee salary distribution roster (leave a copy of the original and affix the financial seal);
(4) A copy of the legal person's ID card (the administrative institution shall rely on the unit's legal person certificate);
(5) Business license (the administrative institution relies on the organization setting document) and organization code certificate, and the original inspection is 1 copy (with official seal);
(6) A copy of the agent's ID card.
7. How is the housing provident fund paid by the unit for employees collected?
Answer: (1) The organs are charged in the budget;
(2) the revenue and expenditure of public institutions approved by the financial department shall be charged in the budget or expenses;
(3) Enterprises are included in the cost.
8. How do newly established units handle the registration of housing provident fund deposit?
Answer: A newly established unit shall register the deposit of housing provident fund at the housing provident fund management center within 30 days from the date of establishment, and set up a housing provident fund account for its employees at the entrusted bank with the audit documents of the housing provident fund management center within 20 days from the date of registration.
9. What are the provisions for the establishment of individual housing provident fund accounts? What's the role?
A: According to the Regulations on Housing Provident Fund Management, in a housing provident fund management center, each employee can only open one housing provident fund account. There are two or more housing provident fund accounts, which must be merged; The housing provident fund account records the deposit and withdrawal of individual housing provident fund for employees.
10, how does the unit manage the employee's housing provident fund account?
A: The unit should establish a detailed account of employee housing provident fund, record the deposit and withdrawal of employee individual housing provident fund, and check with the housing provident fund office regularly.
1 1. How do new employees and newly transferred employees handle the housing provident fund procedures?
Answer: If a unit hires employees, it shall go through the deposit registration at the housing provident fund management center within 30 days from the date of employment, and go through the formalities for the establishment or transfer of employee housing provident fund accounts at the entrusted bank with the audit documents of the housing provident fund management center.
12, how to handle the housing accumulation fund formalities when the unit and the employee terminate the labor relationship?
Answer: If a unit terminates the labor relationship with its employees, it shall, within 30 days from the date of termination of the labor relationship, go through the registration of change at the housing provident fund management center, and go through the formalities of transferring or sealing the employee's housing provident fund account at the entrusted bank with the audit documents of the housing provident fund management center.