Legal analysis
Housing accumulation fund refers to the long-term housing savings paid by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units, social organizations and their employees. There are restrictions on the withdrawal of housing provident fund. According to relevant regulations, the following conditions shall be met: 1. The unit where the employee works and the employee himself pay the housing provident fund in full every month. ② Purchase, construction, renovation and overhaul of owner-occupied housing; Among them, "purchase" means that employees buy houses and have the ownership of the houses they buy, which can be public houses, commercial houses, affordable housing and second-hand houses. "Construction" refers to houses built by urban residents with the approval of real estate management agencies, urban planning management agencies and other departments; "Renovation" refers to the complete demolition, design and reconstruction of houses; "Overhaul" refers to the need to affect or dismantle some major components of the house, but it is not necessary to completely demolish the house. 3. Employees retire. 4. completely lose the ability to work and terminate the labor relationship with the unit. 5. Settle abroad, repay the principal and interest of the house purchase loan, the rent exceeds the specified proportion of the family wage income, and the employee dies or is declared dead.
legal ground
Regulations on the administration of housing provident fund
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.
Article 6 The deposit and loan interest rate of housing provident fund shall be proposed by the People's Bank of China, and submitted to the State Council for approval after consulting the construction administrative department of the State Council.
Article 11 The housing provident fund management center shall perform the following duties: (1) To formulate and implement the plan for the collection and use of housing provident fund; (two) responsible for recording the deposit, withdrawal and use of employee housing provident fund; (three) responsible for the accounting of housing provident fund; (four) to approve the extraction and use of housing provident fund; (five) 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.