Legal analysis: Yes, the business process of housing provident fund withdrawal is as follows: 1. Workers apply to their units for withdrawal of housing provident fund. After verification, their units issue an application for withdrawal in duplicate. The employees of centralized sealed households apply to the sub-center or management department for extraction. 2. The employee shall apply to the sub-center or management department where the housing provident fund is deposited by the unit with the application materials such as the application for withdrawal, and the sub-center or management department shall issue the Notice of Withdrawal, which shall be signed by the employee to confirm the withdrawal amount. 3. On the same day, the employee shall go through the withdrawal formalities at the Construction Bank with two copies of the withdrawal application and three copies of the withdrawal notice verified by the sub-center or the management department. 4. The employee will return a withdrawal notice to the unit after the construction bank confirms the payment, which will be used as the accounting voucher of the unit.
Legal basis: Regulations on the Management of Housing Provident Fund
Thirteenth housing provident fund management center shall set up a housing provident fund account in the entrusted bank. The unit shall register the housing provident fund deposit with the housing provident fund management center, and go through the formalities for the establishment of housing provident fund accounts for the employees of the unit. Each employee can only have one housing provident fund account. The housing provident fund management center shall establish a detailed account of employee housing provident fund to record the deposit and withdrawal of employee individual housing provident fund.
Twentieth units shall pay the housing provident fund in full and on time, and shall not pay it overdue or underpaid. Units with real difficulties in depositing housing provident fund can reduce the proportion of deposit or defer payment after discussion and adoption by the workers' congress or trade union of the unit, and after examination by the housing provident fund management center and approval by the housing provident fund management committee; After the economic benefits of the unit improve, the deposit ratio will be increased or the overdue payment will be postponed.
Article 24 Under any of the following circumstances, employees may withdraw the storage balance in the employee housing provident fund account: (1) purchasing, building, renovating or overhauling their own houses; (2) retirement; (three) completely lose the ability to work, and terminate the labor relationship with the unit; (4) Having left the country to settle down; (5) Repaying the principal and interest of the house purchase loan; (six) the rent exceeds the prescribed proportion of family wage income. In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time. If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.
Can commercial loans withdraw housing provident fund?
Generally speaking, commercial loans can be used to withdraw the housing provident fund, because as long as the employees who have paid the provident fund meet the conditions for withdrawing the provident fund, they can go to the local housing provident fund management center to withdraw the provident fund according to the process with the purchase contract, invoices, valid identity documents, bank savings accounts and other materials.
What are the procedures for withdrawing provident fund?
1. First submit an application for withdrawal of provident fund to your own company, and fill in the application form and affix the company's official seal after it is approved by the company.
2. After being stamped with the official seal, you can take relevant materials (application for housing provident fund withdrawal, detailed list of housing provident fund withdrawal) and a copy to the provident fund center for withdrawal.
3. After completing the above procedures and submitting the application for housing provident fund withdrawal and the supporting materials of the unit again, a special staff member will hand over your materials to the next department for review.
4. After all the staff members have completed the audit, they shall submit it to the leaders of the provident fund center for approval and decide whether they can withdraw the provident fund. It is worth mentioning that this process will take a long time, so don't worry too much.
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Extended data:
Can I withdraw the housing provident fund without a loan?
You can withdraw the provident fund without a loan, and you can apply for withdrawing the provident fund if you meet the following conditions:
1. Buy your own house
In this case, it is necessary to provide the purchase contract, agreement or other proof. There will be some differences in the policies of purchasing houses and withdrawing provident funds in different regions, and the number and amount of withdrawal will be different. You can know in advance.
2, the construction of self-occupied housing
It is necessary to provide approval materials or other supporting materials from administrative departments such as construction and land, and the amount of withdrawal will also be limited.
3, renovation, overhaul occupied housing
If it is necessary to provide approval materials or other supporting materials from the planning administrative department, and the provident fund is withdrawn for this reason, the withdrawal amount is also limited, subject to the notice of the local provident fund center.
I went through the retirement formalities.
In this case, you need to submit retirement certificate information to the provident fund center to withdraw the provident fund. If some employees pay more provident fund during their employment, it is also a lot of wealth to withdraw provident fund after retirement.
5, completely lose the ability to work
This requires the provision of proof of complete incapacity and proof of termination of labor relations. You can ask the local authorities to issue a certificate to withdraw the provident fund.
6, five years shall not be re employment.
After terminating the labor relationship with the employer, you can also apply for withdrawing the provident fund without re-employment for five years, but you need to provide unemployment certificates and related materials.
7. Leave this country and settle down
If you withdraw the provident fund for this reason, you need to provide proof of leaving the country to settle down. After the information has been audited by the provident fund center, the paid provident fund can be taken out in full at one time.
8, the province's checkout.
For example, if the registered permanent residence moves out due to employment or other reasons, you can take out the provident fund paid by the original province, but you need to provide proof of migration.
9. Repaying the principal and interest of mortgage loan
This requires the provision of housing loan contracts, usually to hedge repayment and sign relevant agreements. There are two ways to repay mortgage principal and interest with provident fund: monthly hedging and annual hedging, which can be judged according to your actual situation.
After finishing the provident fund hedging business, you should also pay attention to the balance of the provident fund account in time. If you find that the balance of the provident fund account is not enough to repay the principal and interest of the mortgage, you need to make up the shortfall, otherwise your mortgage will be overdue.
10, pay the rent
It is necessary to provide proof of salary income and house lease contract, and there is a limit on the number of times to withdraw provident fund on the grounds of paying rent. In some areas, it is stipulated that it can only be withdrawn once a year, and the amount of withdrawal cannot exceed the rent expenditure.
1 1, terminate the labor relationship with the unit.
If the labor relationship with the company is terminated and the provident fund account has been sealed for 6 months, the provident fund can be withdrawn, and the household registration certificate and the certificate of termination of labor relationship can be provided to the provident fund center. After the approval, you can withdraw the provident fund.
12, in line with other regulations.
For example, immediate family members who need medical treatment due to illness can also apply to the provident fund center to withdraw the provident fund to pay medical expenses.
It can be seen that you can apply for withdrawal of provident fund regardless of whether you have a loan or not. As long as the relevant conditions are met and the corresponding certification materials can be provided, you can apply to the provident fund center for withdrawal, and the scope of use of the provident fund balance is still relatively wide.
How to withdraw provident fund from commercial loans
First of all, answer directly.
How to withdraw the commercial loan accumulation fund can follow the following steps.
Second, the specific analysis
1. When applying for withdrawing the commercial loan accumulation fund for the first time, you must bring your ID card, marriage certificate account book, repayment passbook and loan contract. These materials must be originals and copies.
2. Withdraw the down payment. If the employee advances in advance, the property owner may withdraw the housing provident fund once from the date of registration and filing of the purchase contract, signing the purchase contract or obtaining the house ownership certificate 1 year. However, it should be noted that the withdrawal amount cannot be higher than the down payment when buying a house. Without obtaining the house ownership certificate, it can also be extracted within one year from the date of receiving the invoice or deed tax payment certificate.
3. Withdraw and repay the loan principal and interest. During the loan repayment period, the borrower and spouse can withdraw the housing provident fund once a year, but the total amount of withdrawal shall not be higher than the amount of loan principal and interest compensated in the corresponding time period, and the cumulative amount of withdrawal shall not be higher than the total amount of loan principal and interest.
4. If the employee has continuously paid the provident fund for more than three months, and my spouse and I have no self-occupied housing in the city, both parties can withdraw the provident fund to pay the rent. If they rent public rental housing, they can withdraw the provident fund in full according to the rent.
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Third, how to withdraw the provident fund and repay the commercial loan?
If you want to withdraw the provident fund to repay personal housing commercial loans, you only need to go to the local housing provident fund management center to handle the provident fund loan repayment business.
After running the provident fund loan repayment business, the banking system will automatically deduct the corresponding funds from the new provident fund account to offset the mortgage, and there is no need to manually withdraw the provident fund to repay the mortgage.
Provident fund can choose to repay the loan on a monthly basis or on an annual basis.
If you choose monthly payment, you will deduct money from the provident fund account to repay the principal and interest of the month; If the loan is made year by year, the balance will be deducted from the provident fund account once a year to compensate the principal payable.
If the balance in the provident fund account is insufficient, the banking system will also deduct money from the bound repayment bank card to repay the remaining unpaid part.
However, it should be noted that the first month's mortgage repayment still needs to be paid with your own money. Even if they applied for the provident fund to repay the loan when they applied for the loan, they would only deduct the money from the second month.
This concludes the introduction of how commercial loans can be transferred to provident fund loans and how commercial loans can be transferred to provident fund loans. I wonder if you have found the information you need?