This method is valid until June 65438+1October 365438+1October 2026. The Measures of Tianjin Municipality for the Administration of Personal Housing Provident Fund Loans (No.7 of Tianjin Provident Fund Committee [2065438+08]) implemented on February 20 19 shall be abolished as of the date of implementation of this notice.
Its original text is as follows:
District People's governments, municipal government commissions, offices and bureaus:
In order to strengthen the management of housing provident fund loans, the Municipal Housing Provident Fund Management Committee revised the Measures for the Administration of Individual Housing Provident Fund Loans in Tianjin (No.7 of Tianjin Provident Fund Committee [2018]), which are hereby printed and distributed to you, please follow them.
This notice shall come into force as of February 200211.
Measures of Tianjin Municipality on the Administration of Individual Housing Provident Fund Loans
Chapter I General Provisions
Article 1 In order to standardize the management of individual housing provident fund loans and support employees to purchase, build, renovate and overhaul occupied housing, these measures are formulated according to the Regulations of the State Council Municipality on the Administration of Housing Provident Fund, the Regulations of Tianjin Municipality on the Administration of Housing Provident Fund and the relevant provisions of the state, combined with the actual situation of our city.
Article 2 Personal housing provident fund loans refer to special housing consumption loans for the purchase, construction, renovation and overhaul of self-owned houses within the administrative area of this Municipality. The purchase of housing by employees refers to the purchase of commercial housing, price-limited commercial housing, affordable housing, private housing and the purchase of public housing property rights.
Article 3 Individual housing provident fund loans shall follow the principles of combining deposit with loan, deposit first and then loan, one-time loan with zero repayment and loan guarantee.
Fourth city housing provident fund management center for the city's individual housing provident fund loans management agencies, responsible for the examination and approval of individual housing provident fund loan applications, supervision of individual housing provident fund loans and settlement.
Article 5 The financial business of individual housing provident fund loans shall be handled by the commercial banks entrusted by the Municipal Housing Provident Fund Management Center to the Municipal Housing Provident Fund Management Committee (hereinafter referred to as "loan banks").
The loan bank must accept the supervision, assessment and management of the municipal housing provident fund management center when handling the personal housing provident fund loan business.
Article 6 When the employee's application for personal housing provident fund loan is insufficient to pay for the purchase, construction, renovation or overhaul of housing, he can also apply for personal housing loan from the loan bank, which will distribute it to the employee in the form of a combination of personal housing provident fund loan and bank personal housing loan (excluding Sino-German housing savings loan) (namely "personal housing provident fund portfolio loan").
Chapter II Loan Objects and Conditions
Article 7 If an employee's family (including the employee himself, his spouse and minor children, the same below) purchases his own house, the employee may apply for a personal housing provident fund (portfolio) loan (hereinafter referred to as "housing provident fund loan"). At the same time, if the spouse's housing provident fund is used to apply for housing provident fund loans, the spouse shall also meet the loan conditions stipulated in these Measures.
Eighth different family members * * * with the purchase of a house, one of the buyers can apply for housing provident fund loans.
Article 9 Employees applying for housing provident fund loans shall meet the following conditions:
(a) with full capacity for civil conduct, a stable occupation and income, the ability to repay the principal and interest of the loan, and good credit;
(two) did not reach the statutory retirement age (otherwise stipulated by the state can be extended, according to its provisions, but the maximum age should not exceed 65 years old);
(3) The house transaction is true, lawful and effective;
(4) He has opened a housing provident fund account for more than 1 year, paid the housing provident fund for more than 1 year continuously before applying for a housing provident fund loan, and the employer has no breach of contract;
(five) no housing provident fund loan debt;
(6) The down payment has been paid according to the provisions of these Measures;
(seven) agreed to provide security in accordance with the provisions of these measures.
Tenth employees have used their spouses' housing provident fund to apply for housing provident fund loans, and their spouses cannot apply for housing provident fund loans before the loans are paid off.
Eleventh employees in any of the following circumstances, can not apply for housing provident fund loans:
(a) the purchase of spouse, children, my parents or spouse's parents housing;
(2) Workers buy and sell houses within two years after divorce from their original spouses.
Article 12 If the unpaid housing provident fund is readjusted due to the change of the work unit for less than 3 months (inclusive) or the wrong adjustment of the payment base of the unit housing provident fund, and the unpaid housing provident fund has been replenished and resumed monthly deposit when applying for a loan, it can be regarded as continuous deposit.
Thirteenth when applying for housing provident fund loans, employees or their spouses have one of the following bad credit conditions, in principle, no loans:
(a) the loan is overdue or repaid by the guarantor (including the recovered arrears have not been paid off);
(2) There is a record of loan extension (extension) or debt repayment with assets in the last 24 months;
(3) There is a record that the principal and interest of a single loan have not been repaid for more than 6 consecutive periods in the past 24 months (including repayment by the guarantor) or that the loan has been overdue for more than 24 periods in the past 60 months;
(4) Having a record of bad debts;
(5) Loans guaranteed for others or enterprises have loss records;
(six) in the past 60 months, loans overdue was sued for withdrawing housing provident fund;
(7) Having other major bad credit records.
Chapter III Loan Amount, Term and Interest Rate
Fourteenth employees who purchase the first set of self-owned housing or public housing property rights shall pay a down payment of not less than 30% of the housing transaction price; A down payment of not less than 60% of the housing transaction price should be paid for the purchase of a second set of self-owned housing.
The loan amount is not higher than the housing transaction price (private housing is the lower of the housing transaction price and the approved value of the municipal housing provident fund management center) minus the down payment amount specified in the preceding paragraph; Among them, the purchase of affordable housing, the loan amount should not be higher than the difference between the housing transaction price and housing compensation.
Fifteenth loan amount is determined according to the multiple of the balance of the housing provident fund account.
If the first set of self-owned housing is purchased, the loan amount shall not be higher than 20 times of the balance of the housing provident fund account (if the spouse housing provident fund is used to apply for a housing provident fund loan at the same time, it shall be the sum of the balance of the employee's and spouse's housing provident fund account, the same below). If the balance of the housing provident fund account is less than 20,000 yuan, it shall be calculated as 20,000 yuan. If the second set of self-owned housing and public housing property rights are purchased, the loan amount shall not be higher than 10 times of the balance of the housing provident fund account, and if the balance of the housing provident fund account is less than 20,000 yuan, it shall be calculated as 20,000 yuan.
Article 16 The loan amount shall not be higher than the amount determined according to the formula for calculating the repayment ability of employees (employees and spouses). The specific formula is as follows:
[(total monthly salary+monthly contribution of unit housing provident fund) × repayment ability coefficient-monthly repayment amount of existing loans ]× loan periods (months)
Among them, the repayment ability coefficient is 40%, and the monthly repayment amount of existing loans is the monthly repayment amount of loans in personal credit report.
Seventeenth loan amount is not higher than the maximum amount of housing provident fund loans.
If you purchase the first set of self-owned housing, the maximum loan amount is 600,000 yuan; If you buy a second self-owned house, the maximum loan amount is 400,000 yuan.
Article 18 The amount of a single housing provident fund loan shall be calculated according to the minimum amount stipulated in Articles 14 to 17 of these Measures.
Article 19 The numerical value of the loanable line calculated in accordance with these Measures shall be kept to thousands.
Twentieth the purchase of commercial housing, commercial housing, affordable housing, the longest loan period is 30 years; The purchase of private housing, the longest loan period is 20 years; For the purchase of public housing property rights, the longest loan period is 10 year.
The sum of the employee's age and the loan application period shall not exceed 5 years after the statutory retirement age (unless otherwise stipulated by the state, it shall not exceed 5 years after the extension of retirement age, and the longest shall not exceed 70 years old).
Article 21 The loanable term and amount of housing provident fund loans shall be determined according to the employee application submitted by the loan bank to the municipal housing provident fund management center.
Twenty-second housing provident fund loan interest rates in accordance with the relevant provisions of the state.
Twenty-third housing provident fund loans shall not be issued to employees who purchase third or above houses.
Chapter IV Loan Guarantee
Twenty-fourth apply for housing provident fund loans, should provide a guarantee. Employees can choose mortgage, pledge or guarantee.
Twenty-fifth the use of housing mortgage guarantee, should use the purchased house as collateral. The mortgaged house shall not be used for mortgage guarantee.
The borrower (and other property owners and buyers) shall sign a written mortgage contract with the loan bank and go through the mortgage registration formalities according to law.
Where the collateral is commercial housing, price-limited commercial housing or affordable housing, the transaction price of the house shall be taken as the collateral value. If the mortgaged property is a private house, the value of the mortgaged property shall be confirmed according to the transaction price of the house and the low value verified by the municipal housing provident fund management center. The maximum value of mortgage shall not exceed 70% of the value of collateral.
During the mortgage period, the mortgagor shall take good care of the mortgaged house and be responsible for repairing, maintaining and ensuring its integrity. When the collateral is lost or demolished, it shall notify the loan bank in time, and repay the loan in advance or change the collateral. The loan bank shall agree with the mortgagor on the conditions for the transfer and lease of the mortgaged property. The loan bank shall supervise and inspect the condition of the collateral.
Twenty-sixth the use of pledge, employees should take treasury bonds, loan bank deposit certificates and other securities recognized by the city housing provident fund management center and loan banks as collateral.
The pledgor shall sign a written pledge contract with the loan bank, and the pledge amount shall not be less than the principal and interest of the loan amount.
Twenty-seventh by way of guarantee, the guarantor shall be a financing guarantee institution that meets the provisions of the state.
Chapter V Portfolio Loan
Twenty-eighth employees to apply for individual housing provident fund portfolio loans (hereinafter referred to as "portfolio loans"), must comply with these measures and the relevant provisions of the loan bank personal housing loans.
Twenty-ninth portfolio loans, bank personal housing loan amount determined by the lending bank, and the down payment shall comply with the provisions of Article fourteenth of these measures.
Thirtieth portfolio loans, bank personal housing loans should be the same as housing provident fund loans.
Article 31 If the borrower of a portfolio loan violates the loan contract and fails to repay the principal and interest of the loan, the loan bank shall dispose of the collateral or require the guarantor to perform the guarantee responsibility in accordance with the provisions. When paying off the loan principal and interest, the housing provident fund loan principal and interest should be repaid before the loan bank's personal housing loan principal and interest.
Chapter VI Loan Application and Repayment
Thirty-second employees applying for housing provident fund loans need to submit a written application to the loan bank, and truthfully provide the loan application materials to the loan bank in accordance with the provisions of the municipal housing provident fund management center and the loan bank. Under special circumstances, such as the information recorded in the loan application materials is inconsistent with the actual situation, the municipal housing provident fund management center and the loan bank may require employees to provide other effective materials, or they may verify with the relevant departments.
Article 33 The borrower shall repay the principal and interest of the loan according to the repayment method agreed in the loan contract.
Article 34 If the term of the loan is less than one year (including one year), the repayment method of repaying the principal and interest in one lump sum at maturity and clearing the interest with the principal shall be implemented.
If the loan term is more than one year, the repayment method of monthly repayment of loan principal and interest shall be implemented. The borrower can repay the loan by matching the principal and interest, or by using the average capital or other means agreed by the municipal housing provident fund management center and the loan bank.
Once the repayment method agreed by the borrower and the loan bank in the loan contract is determined, it shall not be changed.
Article 35 The borrower enters the repayment period from the month following the bank transfer date, and the monthly repayment date is the corresponding date of the bank loan issuance date. The borrower shall entrust the municipal housing provident fund management center and the loan bank to withhold the loan on the monthly repayment date and repay the loan on a monthly basis.
Thirty-sixth borrowers to repay the principal and interest of housing provident fund loans in advance, should apply to the city housing provident fund management center, and after the consent of the city housing provident fund management center. To repay the principal and interest of individual housing loans in portfolio loans in advance, an application shall be made to the loan bank, and it shall be handled with the consent of the loan bank.
Article 37 The borrower may repay the loan principal and interest in full or in part in advance.
Thirty-eighth borrowers in the loan period, to cooperate with the city housing provident fund management center and the loan bank to check the use of loans.
Article 39 If the borrower adopts mortgage guarantee or guarantee guarantee after paying off the principal and interest of the loan, it shall go through the formalities of mortgage cancellation; In the case of pledge guarantee, the lending bank will return the pledged securities to the borrower.
Fortieth specific information and procedures for housing provident fund loans shall be formulated by the municipal housing provident fund management center and announced to the public.
Chapter VII Legal Liability
Article 41 If an individual obtains a housing provident fund loan or increases the loan amount with false information such as house purchase and marriage, the municipal housing provident fund management center shall order him to return the illegal loan amount within a time limit, and shall be punished according to the Regulations of Tianjin Municipality on the Management of Housing Provident Fund; If it is not returned within the time limit, the municipal housing provident fund management center may apply to the people's court for compulsory execution.
Forty-second borrowers have one of the following circumstances, the city housing provident fund management center has the right to ask the loan bank to stop issuing loans or recover all loans in advance:
(1) The borrower conceals the real situation by fraudulent means and provides false certification materials;
(2) The guarantor violates the guarantee contract or loses the ability to bear joint and several liabilities, and the collateral is impaired or damaged, which is enough to pay off the loan principal and interest, and the pledge is obviously reduced, which affects the lender's realization of the pledge right, while the borrower fails to implement the new guarantee or new mortgage (pledge) as required;
(3) Failing to use the loan for the purpose specified in the loan contract;
(four) the borrower refuses or obstructs the lender to supervise and inspect the use of the loan;
(five) due to other reasons of the borrower, the loan repayment is affected or the interests of the loan bank are damaged;
(6) Other circumstances agreed by the lending bank and the borrower.
Article 43 If the borrower uses the loan for other purposes, the lending bank has the right to charge interest on the misappropriated part according to the regulations of the People's Bank of China.
Article 44 If the borrower fails to repay the loan principal and interest as agreed in the loan contract, the overdue part shall be charged with interest according to the relevant regulations of the People's Bank of China.
Article 45 If the borrower fails to repay the loan principal and interest on time for three consecutive months or six cumulative months, the borrower dies, is declared missing or emigrates before the termination of the loan contract, and his legal successor or legatee refuses to pay the loan principal and interest or is unable to pay the loan principal and interest, the loan bank has the right to dispose of the collateral, pledge or require the guarantor to bear joint and several liability for guarantee.
Article 46 If a loan bank mortgages property or pledge according to relevant regulations, the proceeds shall be distributed in the following order:
(1) Paying auction fees for collateral and other expenses for handling collateral or related expenses for handling collateral;
(2) Deducting the tax payable on the mortgaged property;
(three) to return the principal and interest of the housing provident fund loan owed by the borrower and pay the liquidated damages;
(four) compensation for the damage caused by the borrower's breach of contract to the city housing provident fund management center and the loan bank;
(5) The balance shall be returned to the mortgagor or pledger.
When the amount obtained from the disposal of collateral or pledge is insufficient to pay the loan principal and interest, liquidated damages and compensation, the lending bank has the right to recover from the borrower for the insufficient part.
Chapter VIII Supplementary Provisions
Article 47 If a loan contract needs to be dissolved or changed within the repayment period, it must be agreed by both the borrower and the borrower through consultation. If the guarantee method is adopted, a change contract must be signed according to law after obtaining the consent of the guarantor. Before the change contract is reached, the original loan contract is still valid.
Article 48 Disputes shall be settled through consultation. If negotiation fails, the parties may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court.
Article 49 For the construction, renovation and overhaul of self-owned housing, the loan conditions, quota calculation, term and interest rate for applying for housing provident fund loans are the same as those for purchasing public housing property rights.
For the construction, renovation and overhaul of self-owned housing, mortgage guarantee, guarantee guarantee or pledge guarantee can be used to apply for housing provident fund loans, and other self-owned housing can be used as collateral. Other provisions of the loan guarantee are consistent with the purchase of self-owned housing.
Fiftieth city housing provident fund management center should actively realize the information networking with housing and urban construction, planning resources, civil affairs, loan banks and other departments and institutions. Promote online loan application and repayment business, and provide simple and efficient services for employees to apply for housing provident fund loans.
Fifty-first Hong Kong, Macao and Taiwan compatriots and foreigners who are employed in this Municipality shall apply for housing provident fund loans in accordance with these Measures and the relevant provisions.
Article 52 These Measures shall come into force on February 20265438 1 day, and shall be abolished on October 3 1 day, 2026. The Measures of Tianjin Municipality for the Administration of Individual Housing Provident Fund Loans (No.7 of Tianjin Provident Fund Commission [2018]) shall be abolished as of the date of implementation of this notice.
Source: Tianjin Provident Fund Management Center