Regulations on the administration of housing provident fund

Article 24

In any of the following circumstances, employees may withdraw the storage balance in the employee housing provident fund account:

(a) the purchase, construction, renovation and overhaul of owner-occupied housing;

(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.

Article 19 of the Guiding Opinions of the Ministry of Construction of People's Republic of China (PRC) and the People's Bank of China on Several Specific Issues Concerning the Management of Housing Provident Fund (Guan [2005] No.5);

Employees use individual housing loans (including commercial loans and housing provident fund loans), and employees themselves and their spouses can withdraw the balance in the housing provident fund account to repay the loan principal and interest according to regulations. The amount of each withdrawal shall not exceed the amount of interest payable in the current period, and the amount of prepayment shall not exceed the balance of housing provident fund loans.

Extended data:

Before marriage, one party pays the down payment, and after marriage, both men and women repay the loan. If the property is registered in the name of the down payment party, it can be regarded as the registered party's property, but the specific division also needs to be treated differently. The down payment is regarded as the personal property of the down payment party, and the rising part of the house after marriage and the repayment part are regarded as the same property, unless otherwise agreed by the husband and wife.

If the mortgage is not paid off at the time of divorce, it is regarded as the personal debt of the property owner.

Note: * * * For the repayment part, whether one party repays with personal salary or both salaries, it shall be deemed that the husband and wife * * * have property. Of course, if one party can really prove that its repayment funds come from personal premarital property, then this part should not be recognized as marital property.

According to the provisions of the new marriage law, this belongs to the personal property of children before marriage and will not be automatically converted into the joint property of husband and wife after marriage. Divorced, the property still belongs to the original owner;

Secondly, one party or one parent contributes capital, but it is registered in the name of the other party who has not contributed capital. Courts usually consider it a conditional gift. If the two parties are not married, the house belongs to the name of one party listed in the real estate license, but the other party can demand the return of the paid money. If both parties get married, it belongs to the personal property of the next party to the property right certificate.

Baidu Encyclopedia-Provident Fund Extraction