In order to strengthen the management of individual housing provident fund loans, standardize the behavior of provident fund loans, and safeguard the legitimate rights and interests of both borrowers and borrowers, according to the Ministry of Housing and Urban-Rural Development's Business Specification for Individual Housing Provident Fund Loans (GB/T5 1267-20 17) and other laws, regulations and industry norms, combined with the actual situation of our city, Jining Housing Provident Fund Management Center explained the Measures for the Administration of Personal Housing Provident Fund Loans in Jining City (Ji 20650). According to the requirements of Article 24 of the Measures for the Administration of Normative Documents in Jining City (No.201736), the full text of the draft for comments is now published for public comments. If you have any comments, please give feedback in the following ways before July 20, 20 19:
1. E-mail: jnxdk@ 163.com (if you have any public comments or suggestions, please leave your name and contact information for further contact).
2. Please send the letter to the Credit Management Section of Jining Housing Provident Fund Management Center, Xingtang Building, No.33 Guanghe Road100, Jining City (please indicate the loan management method for comments), and the postcode is 272 100.
Measures of Jining Municipality on the Administration of Personal Housing Provident Fund Loans (Draft for Comment)
Chapter I General Provisions
Article 1 In order to strengthen the management of individual housing provident fund loans (hereinafter referred to as provident fund loans), standardize the behavior of provident fund loans, and safeguard the legitimate rights and interests of both borrowers and borrowers, in accordance with the People's Republic of China (PRC) Guarantee Law, the Regulations on the Administration of Housing Provident Fund in the State Council, the General Rules of the People's Bank of China on Loans, the Measures for the Administration of Individual Housing Loans and other relevant regulations, and in combination with the actual situation of this Municipality.
Article 2 The term "provident fund loans" as mentioned in these Measures refers to the policy loans issued by the Municipal Housing Provident Fund Management Center (hereinafter referred to as the Municipal Provident Fund Center) to employees who have paid housing provident fund for the purchase, construction, overhaul and transformation of various types of self-occupied housing.
Article 3 These Measures shall apply to the loan and management of provident fund within the administrative area of this Municipality.
Fourth city provident fund center is responsible for the supervision and management of the city's provident fund loans, specifically responsible for the approval of provident fund loans, and supervise the lending and settlement of provident fund loans.
According to the authorization of the Municipal Provident Fund Center, each branch of the Municipal Provident Fund Center is responsible for the approval and management of provident fund loans within its jurisdiction.
Finance, auditing, people's bank, supervision and other departments shall, in accordance with their respective responsibilities, do a good job in the supervision of provident fund loans.
Article 5 The management of provident fund loans shall follow the principle of giving priority to risk prevention and benefiting the people.
Chapter II Loan Objects and Conditions
Article 6 All employees who have paid the housing provident fund in full and on time and have full capacity for civil conduct can apply for provident fund loans when purchasing, constructing, overhauling or renovating their own houses.
Article 7 To apply for provident fund loans, the following conditions must be met:
(1) Paying the housing accumulation fund in full and on time for more than 1 year (including 1 year);
(2) Having a legal contract or agreement for the purchase or construction, overhaul or renovation of owner-occupied housing and relevant certification materials, and the signing time of the contract or agreement is within 2 years;
(3) Have a stable occupation and income, good reputation and the ability to repay the principal and interest of the loan;
(4) Having a reliable guarantee;
(five) the first use of provident fund loans, there must be no less than 30% down payment; The second use of provident fund loans, the down payment must be not less than 40%; Construction, overhaul or renovation of houses must have no less than 50% of their own funds;
(6) There are no outstanding debts with a large amount that may affect the loan repayment ability.
Article 8 The applicant shall be the spouse of the loan applicant.
Ninth City Provident Fund Center shall not issue provident fund loans to the families of paid workers who have used provident fund loans twice.
Chapter III Loan Amount, Term and Interest Rate
Article 10 The maximum amount and duration of provident fund loans shall be approved by the Municipal Provident Fund Center according to the real estate market price and the income level of employees in this Municipality, and shall be implemented after being reported to the Municipal Housing Provident Fund Management Committee for approval.
Eleventh each provident fund loan amount shall meet the following requirements at the same time:
(a) the first use of provident fund loans, the maximum loan amount shall not be higher than 70% of the total purchase price; The second use of provident fund loans shall not be higher than 60% of the total purchase price. If the price of the house purchased by the loan applicant is significantly higher than the market price, the loan amount shall be determined according to the evaluation price;
(2) The maximum loan amount shall not exceed 70% of the existing value of the collateral; Where securities are used as collateral, it shall not exceed 90% of the face value of the securities, and the maturity date of the securities is the loan term;
(3) The borrower's loan amount is determined according to the monthly provident fund deposit base of the borrower and the * * * applicant, and the calculation formula is: the borrower's loan amount = the total monthly provident fund deposit base of the borrower and the * * * applicant × 12 × loan period × 40%;
(4) Deduct the total outstanding debts of the loan applicant and the applicant.
Article 12 The loan amount of provident fund shall be determined according to the loan applicant and the loan amount applied by the applicant and the provisions of Article 11 of these Measures. If the loan amount applied for does not exceed the provisions of Article 11 of these Measures, the loan amount applied for shall be the loan amount; If the loan amount applied exceeds the provisions of Article 11 of these Measures, the minimum amount shall be the loan amount.
Thirteenth each provident fund loan period shall be approved in accordance with the following provisions:
(1) The maturity date of the provident fund loan term is the fifth year after the statutory retirement age of the borrower;
(2) If the loan application period of the loan applicant is shorter than that specified in the preceding paragraph, the loan application period shall prevail; Where the loan period applied by the loan applicant exceeds the provisions of the preceding paragraph, the loan period shall be approved in accordance with the provisions of the preceding paragraph.
Fourteenth provident fund loan interest rates in accordance with the relevant provisions of the People's Bank of China and the Ministry of Housing and Urban-Rural Development. If the loan term is 1 year, the contract interest rate shall apply; If the loan term exceeds 1 year and the loan interest rate is adjusted during the repayment period, the adjusted interest rate shall be implemented from 1 of the following year.
Chapter IV Loan Procedures
Fifteenth provident fund loans by the city provident fund center commissioned by commercial banks. When the Municipal Provident Fund Center entrusts a commercial bank to undertake provident fund loans, it shall sign a written contract with the entrusted loan bank (hereinafter referred to as the entrusted bank).
Sixteenth loan applicants to apply for provident fund loans, should apply to the provident fund loan acceptance outlets or entrusted banks set up by the municipal provident fund center, and submit the following materials:
(1) Legal identity certificate;
(two) proof of housing provident fund deposit;
(3) marriage certificate;
(4) proof of stable economic income;
(five) the purchase of housing contracts or construction, overhaul, renovation of housing approval procedures and contracts;
(six) the receipt of the down payment for the purchase of housing or the certificate of deposit of its own funds for the construction, overhaul and transformation of housing;
(seven) the list of mortgaged (pledged) goods, the ownership certificate and the certificate that the disposition holder agrees to mortgage (pledged); If the mortgaged (pledged) goods need to be evaluated, an effective evaluation report shall be issued.
Seventeenth provident fund loans to implement the grading examination and approval system. After receiving the application materials for provident fund loans, the provident fund loan acceptance outlets or entrusted banks shall review the completeness, authenticity and legality of the application materials; City provident fund center branch to review the application materials, determine the loan amount, duration and guarantee method; The loan examination and approval institution authorized by the Municipal Provident Fund Center shall examine and approve the loan.
Eighteenth loans, the loan examination and approval authority shall issue a "housing provident fund loan notice" to the entrusted bank. The entrusted bank shall, within the specified time, sign a loan contract or guarantee contract face to face with the loan applicant and guarantor according to the contents of the Notice on Issuing Housing Provident Fund Loans.
After signing the contract, the borrower, the guarantor and the entrusted bank must go through the guarantee procedures according to law, and the branch shall allocate the borrowed funds in place within 3 days from the date of completing the guarantee procedures.
Chapter V Loan Guarantee
Article 19 A loan applicant applying for provident fund loans shall provide a guarantee.
Twentieth provident fund loans are guaranteed by the following units:
(1) mortgage;
(2) guarantee;
(3) pledge.
City provident fund center shall, in accordance with the principle of risk prevention, determine the guarantee method of each provident fund loan.
Article 21 The term "mortgage" as mentioned in these Measures refers to the act that the debtor or a third party takes the property as the guarantee of creditor's rights without transferring its possession. When the debtor fails to perform the debt, the creditor has the right to discount or give priority to compensation with the price of auction or sale of the property.
The borrower or the third party is the mortgagor, the creditor is the mortgagee, and the property provided as guarantee is the collateral.
Article 22 If the borrower uses his property or the property owned by a third party as collateral, he shall sign a written mortgage contract with the lender and go through the mortgage registration formalities according to the regulations.
If the collateral is an auction house that has not yet obtained the property right, the real estate development enterprise shall provide the lender with staged guarantee.
After the borrower pays off all the loan principal and interest, the mortgagee shall go through the mortgage cancellation procedures with the mortgagor.
Article 23 The term "guarantee" as mentioned in these Measures refers to the act that the guarantor and the debtor agree that when the debtor fails to perform the debt, the guarantor will perform the debt according to the agreement or assume joint liability.
The term "guarantor" as mentioned in these Measures refers to a natural person who normally deposits the housing provident fund or a legally established housing home purchase guarantee company (hereinafter referred to as the guarantee company) engaged in the personal housing loan guarantee business.
Article 24 If the borrower adopts a natural person as the guarantor, the guarantor must normally deposit the housing provident fund for more than 1 year (including 1 year), and the amount of the housing provident fund account reaches a certain proportion of the loan amount, and the specific proportion shall be separately formulated by the Municipal Provident Fund Center.
Article 25 If the borrower adopts a guarantee company as the guarantor, the guarantee company shall provide joint liability guarantee for the loan.
Twenty-sixth guarantee companies that provide guarantees for provident fund loans must sign an agreement with the municipal provident fund center.
Article 27 If the borrower adopts the form of guarantee, the guarantor shall sign a guarantee contract with the lender.
Article 28 The term pledge as mentioned in these Measures refers to the act that the borrower or a third party transfers its securities to the creditor for possession and serves as a guarantee for the creditor's rights. When the borrower fails to perform the debt, the creditor has the right to be paid in priority with the price of auction or sale of securities according to law.
Article 29 If the borrower takes the securities held by him or the securities held by a third party as the pledge, it shall sign a written pledge contract with the lender and hand over the pledged goods to the lender for safekeeping. According to the provisions of pledge registration, registration procedures must be completed.
After the borrower pays off all the principal and interest of the loan, the lender shall return the pledge to the borrower or the third party and go through the return procedures.
Chapter VI Loan Repayment
Thirtieth the borrower shall repay the principal and interest of the loan in accordance with the repayment method and repayment plan agreed in the contract.
Thirty-first provident fund loans with a term of 1 year shall be paid off in one lump sum; If the loan term exceeds 1 year, the principal and interest of the loan shall be repaid in monthly installments.
Thirty-second ways to repay the principal and interest of the loan by monthly installments are:
(1) equal principal and interest;
(2) Average capital.
According to the repayment ability, the borrower can choose the repayment method of equal principal and interest or average capital.
According to the actual situation, the city provident fund center can formulate other repayment methods.
Article 33 The borrower shall repay the loan from the month following the receipt of the loan.
According to the contract, the borrower can repay the loan principal and interest in cash at the entrusted bank or in the form of provident fund at the municipal provident fund center every month, or entrust the loan bank to withhold it by debit card or savings passbook.
Article 34 If the borrower repays the loan for more than six months, it may repay all or part of the loan in advance.
If the borrower repays the loan in advance, it shall apply to the loan bank, and the loan bank shall give the borrower an answer on whether it can repay the loan in advance the day after receiving the application.
Article 35 If the borrower repays the loan in full in advance, it shall settle the remaining loan principal while repaying the current principal and interest.
If the borrower repays part of the loan in advance, it shall recalculate the monthly repayment amount according to the remaining principal and remaining term, and sign a new repayment plan with the loan bank.
Article 36 During the loan repayment period, the borrower may apply for withdrawing the housing provident fund every year to repay the principal and interest of the provident fund loan. If the borrower has a bad overdue record during the loan repayment period, the housing provident fund applied for withdrawal can only be used to repay the loan in advance.
Article 37 If the borrower fails to repay the loan in full and on time as agreed in the loan contract, it shall collect the penalty interest according to the relevant provisions of the state or the contract.
Chapter VII Modification and Termination of the Contract
Article 38 If the loan contract needs to be amended, the borrower must apply to the Municipal Provident Fund Center, and after the approval of the Municipal Provident Fund Center, the borrower and the loan bank shall sign an amendment agreement according to law. Before signing the change agreement, the original loan contract is still valid.
If the loan contract provided by the guarantee company or the general natural person is changed, the guarantee contract shall be changed at the same time as the loan contract.
Article 39 If the borrower dies, is declared missing or loses capacity for civil conduct during the performance of this contract, his legal successor, legatee, guardian or property custodian shall continue to perform the loan contract signed by the borrower.
Article 40 When the guarantor of the borrower is merged, divided, bankrupt or loses the guarantee ability, the borrower shall replace the guarantor and go through the guarantee formalities again.
Article 41 After the borrower has repaid all the loan principal and interest, the lender shall return the collateral or pledge to the mortgagor or pledger, and the loan contract shall be terminated at the same time.
Chapter VIII Management and Disposal of Collateral and Pledged Property
Article 42 The borrower shall properly keep the mortgaged property during the mortgage period, ensure that it is intact, and shall not dispose of it without authorization, and accept the supervision and inspection of the lender at any time.
Article 43 If the borrower sets the pledge as the loan guarantee, the municipal provident fund center and the loan bank shall inquire and identify the securities provided by the pledgor, and inform the financial institution issuing the securities in writing of the fact that the securities are pledged. During the pledge period, the lending bank has the obligation to properly keep the pledged property; The pledgor shall not report the loss of pledged securities for any reason.
Article 44 If the borrower dies, is declared missing or loses capacity for civil conduct during the performance of the contract, and there is no legal heir, legatee, guardian or property trustee, or his legal heir, legatee, guardian or property trustee refuses to perform the loan contract, the loan contract is terminated and the lender has the right to dispose of the collateral or pledge according to law.
Article 45 If the borrower fails to repay the loan during the loan period or fails to repay the debt at the maturity of the debt, the mortgagee may negotiate with the mortgagor to be compensated with the proceeds from auction or sale of the collateral; Where the pledge method is adopted, the lender has the right to be paid in priority with the price of auction, sale and realization of the pledged property to realize the pledge right.
If negotiation fails and the compensation is insufficient, the lender may bring a lawsuit to the people's court according to law.
Chapter IX Legal Liability
Forty-sixth city provident fund center staff in violation of the provisions of these measures to issue provident fund loans, depending on the seriousness of the unit or the competent department at a higher level, give corresponding punishment; Causing losses, shall be investigated for responsibility according to law.
Forty-seventh entrusted banks or provident fund loan acceptance outlets in the process of handling provident fund loan procedures, due to lax review of information or face-to-face signing of various contracts, resulting in losses, the parties should be held accountable.
Forty-eighth in the mortgage or pledge guarantee, if the entrusted bank fails to register the collateral or pledge in violation of the provisions of these measures, resulting in losses, the parties concerned shall be investigated for responsibility according to law.
Forty-ninth borrowers who cheat loans shall terminate the contract and refuse to issue loans; If the loan has been issued, the contract shall be terminated and the loan shall be recovered in advance.
Chapter X Supplementary Provisions
Fiftieth provident fund center in accordance with these measures to develop the "Jining individual housing provident fund loan management implementation details".
Article 51 These Measures shall come into force on 20 19 and shall be valid until 2024.