Ministry of Land and Resources, Ministry of Housing and Urban-Rural Development on Printing and Distributing
Notice of the Interim Measures for the Pilot Project of Mortgage Loan for Farmers' Housing Property Rights
Yinfa [2016] No.78
In order to promote the pilot project of mortgage loan for farmers' housing property rights in accordance with the law, According to the spirit of "Guiding Opinions of the State Council on Piloting the Management Right of Rural Contracted Land and Mortgage Loan for Farmers' Housing Property Rights" (Guo Fa [2015] No.45) and "Decision of the National People's Congress Standing Committee (NPCSC) on authorizing the State Council to temporarily adjust and implement relevant laws and regulations in 232 pilot counties (cities, districts) such as Daxing District in Beijing and 59 pilot counties (cities, districts) such as Jixian County in Tianjin", The Interim Measures for the Pilot Project of Mortgage Loan of Farmers' Housing Property Rights (Annex 1) and the List of Pilot Counties (cities, districts) of Mortgage Loan of Farmers' Housing Property Rights (Annex 2) are hereby printed and distributed to you, please conscientiously implement them according to the actual situation.
Annex: 1. Interim Measures for the Pilot Project of Mortgage Loan for Farmers' Housing Property Rights
2. List of pilot counties (cities, districts) for mortgage loans of farmers' housing property rights (omitted, please visit the website of the People's Bank of China for details).
People's Bank of China Banking Regulatory Commission
Finance Department of China Insurance Regulatory Commission
Ministry of Land and Resources Housing and Urban-Rural Development
201March 6 15
Attachment 1
Interim measures for the pilot project of mortgage loan for farmers' housing property rights
Article 1 In order to promote the pilot project of mortgage loans for farmers' housing property rights in accordance with the law, increase effective financial support for agriculture, rural areas and farmers, and protect the legitimate rights and interests of borrowers, According to policies and regulations such as "Guiding Opinions of the State Council on Piloting the Management Right of Rural Contracted Land and Mortgage Loan for Farmers' Housing Property Rights" (Guo Fa [2015] No.45) and "Decision of the NPC Standing Committee on Authorizing the State Council to temporarily adjust and implement relevant laws and regulations in 232 pilot counties (cities, districts) such as Daxing District in Beijing and 59 pilot counties (cities, districts) such as Jixian County in Tianjin.
Article 2 The term "mortgage loan for farmers' housing property rights" as mentioned in these Measures refers to a loan that is issued by a banking financial institution (hereinafter referred to as the lender) to eligible farmers' housing owners (hereinafter referred to as the borrower) with the farmers' housing ownership and the right to use the homestead as collateral without changing the nature of the homestead ownership, and repays the principal and interest within the agreed period.
Article 3 The term "pilot areas" as mentioned in these Measures refers to the counties (cities, districts) explicitly authorized by the Decision of the NPC Standing Committee on authorizing the State Council to temporarily adjust and implement the relevant laws and regulations in the administrative areas of 232 pilot counties (cities, districts) such as Daxing District in Beijing and 59 pilot counties (cities, districts) such as Jixian County in Tianjin.
Article 4 Where a borrower applies for a loan with the ownership of farmers' housing and the right to use the homestead as collateral, it shall meet the following conditions at the same time:
(1) Having full capacity for civil conduct and no bad credit record;
(two) there is no dispute about the ownership of the mortgaged house and the right to use the homestead, and it has the ownership certificate issued by the relevant government departments according to law, which is not included in the scope of land acquisition and demolition;
(3) The borrower shall have other long-term and stable living places except the peasant houses used for mortgage, and be able to provide relevant certification materials;
(four) the collective economic organization where it is located agrees in writing that the right to use the homestead shall be mortgaged and disposed of together with the farmers' housing.
With * * * farmers housing mortgage, it should also obtain the written consent of other * * * people.
Article 5 The mortgage loan of farmers' housing property rights obtained by the borrower shall be given priority for legal purposes recognized by the lender, such as agricultural production and operation.
Article 6 The lender shall make overall consideration of the borrower's credit status, loan demand and repayment ability, the ownership of the house used for mortgage and the value of the right to use the homestead, and reasonably and independently determine the mortgage rate and actual loan amount of the farmer's housing property right mortgage loan. Lenders are encouraged to appropriately increase the loan mortgage rate for borrowers who are honest and trustworthy, supported by financial discount, agricultural insurance or farmers' housing insurance.
Article 7 Lenders shall refer to the benchmark interest rate of the same period and grade published by the People's Bank of China, and determine the interest rate of farmers' housing property mortgage loan reasonably and independently in combination with the actual situation of borrowers.
Article 8 The lender shall reasonably and independently determine the loan term by taking into account the borrower's age, loan amount, loan purpose, repayment ability and the conditions of farmers' houses and homesteads used for mortgage.
Article 9 The borrower and the lender may determine the value of the house ownership and the right to use the homestead fairly, justly and objectively by entrusting a third-party real estate appraisal agency for appraisal, the lender's self-appraisal or negotiation between the two parties.
Article 10 Lenders are encouraged to actively innovate credit products and service methods according to the needs of borrowers, simplify loan procedures, strengthen loan risk control, and comprehensively improve the quality and efficiency of loan services. In addition to the loan interest rate agreed in the mortgage contract of farmers' housing property rights, other borrowing costs shall not be increased in addition or in disguise.
Article 11 Both borrowers and lenders shall, according to the provisions of the pilot areas, handle mortgage registration of house ownership and homestead use right at the real estate registration institution determined by the government in the pilot areas.
Article 12 If the borrower fails to perform the due debts or needs to exercise the mortgage right according to the circumstances agreed by the borrower and the borrower, the lender shall, in combination with the actual situation in the pilot area, cooperate with the government of the pilot area to dispose of the collateral through loan restructuring, orderly settlement, real estate sale or auction, etc., and the proceeds from the disposal of the collateral shall be given priority by the lender. In principle, the transferee's scope should be limited to the relevant laws and regulations and the scope stipulated by the State Council when selling or auctioning the mortgaged farmers' houses.
Article 13 The governments in the pilot areas should accelerate the registration and certification of the investigation on the ownership of houses and the right to use homesteads within their administrative areas, and actively organize and do a good job in the formulation of benchmark land prices for collective construction land, value evaluation, collateral disposal mechanism and other supporting work.
Article 14 Governments in pilot areas are encouraged to set up risk compensation funds for farmers' housing property mortgage loans, which are used to share loan losses caused by force majeure such as natural disasters and protect farmers' basic housing rights and interests during the period of collateral disposal, or to give appropriate interest subsidies to farmers' housing property mortgage loans according to local financial resources, so as to enhance lenders' lending incentives.
Fifteenth pilot areas are encouraged to provide guarantees for farmers' housing property rights mortgage loans through government guarantee companies.
Article 16 The branches of the People's Bank of China in the pilot areas should increase the support for re-lending agriculture to lenders who have achieved good results in carrying out mortgage loans for farmers' housing property rights.
Article 17 The banking supervision institution shall make overall research, reasonably determine the calculation rules and incentive policies in terms of risk weight, capital provision and loan classification of farmers' housing property rights mortgage loans, and support financial institutions to carry out farmers' housing property rights mortgage loans.
Eighteenth insurance supervision and management institutions should speed up the improvement of agricultural insurance and farmers' housing insurance policies, and provide credit support for borrowers by exploring various ways such as developing farmers' housing property rights mortgage loan guarantee insurance business.
Nineteenth pilot working groups in each pilot area should strengthen overall coordination, rely on the actual division of responsibilities, and do a solid job in organizing the implementation, follow-up guidance and summary evaluation of pilot organizations within their jurisdiction. During the pilot period, each province will form an annual pilot summary report at the end of each year, which should be sent to the pilot steering group in the name of the provincial people's government before the end of each year (postponed in case of holidays).
Article 20 Branches of the People's Bank of China shall strengthen pilot monitoring, business guidance and evaluation summary together with banking supervision institutions and other departments. The pilot counties (cities, districts) shall submit quarterly summary reports and policy suggestions, which shall be summarized by the branches above the sub-provincial city center branch of the People's Bank of China in conjunction with the banking regulatory bureau and submitted to the office of the pilot steering group within 20 working days after the season, and printed and sent to all members of the steering group.
Article 21 All banking financial institutions may, in accordance with the relevant provisions of these Measures, formulate the management system and detailed rules for the implementation of farmers' housing property rights mortgage loans, and send a copy to the People's Bank of China and banking supervision and management institutions.
Twenty-second for farmers' housing property rights to provide guarantees for loans to others, can be implemented with reference to these measures.
Article 23 These Measures shall be interpreted by the People's Bank of China, the China Banking Regulatory Commission and the relevant member units of the pilot steering group.
Article 24 These Measures shall come into force as of the date of promulgation.
The State Council's right to operate contracted land in rural areas
And guiding opinions on the pilot project of mortgage loan for farmers' housing property rights
Guo Fa [2015] No.45
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
In order to further deepen rural financial reform and innovation, increase financial support for "agriculture, rural areas and farmers", guide the orderly circulation of rural land management rights, prudently and steadily promote the pilot project of mortgage, guarantee and transfer of farmers' housing property rights, and do a good job in the pilot project of rural contracted land management rights and farmers' housing property rights (hereinafter referred to as "two rights"), we hereby put forward the following opinions.
I. General requirements
(1) Guiding ideology.
We will fully implement the spirit of the 18th National Congress of the Communist Party of China and the Third and Fourth Plenary Sessions of the 18th Central Committee, thoroughly implement the decision-making arrangements of the CPC Central Committee and the State Council, implement the usufructuary right of rural land and give farmers more property rights as the starting point, deepen the rural financial reform and innovation, carry out the mortgage loan business of "two rights" in a safe and orderly manner, effectively revitalize rural resources, funds and assets, and increase capital investment in long-term and large-scale agricultural production.
(2) Basic principles.
First, orderly according to law. The "two rights" mortgage loan pilot should adhere to the law, abide by the land management law, urban real estate management law and other relevant laws, regulations and policy requirements, first carry out within the approved scope, and then steadily promote it after the pilot accumulates experience. The relevant legal provisions involved in the breakthrough shall be submitted to the National People's Congress Standing Committee (NPCSC) for authorization to suspend the implementation in the pilot area.
The second is voluntary. Earnestly respect the wishes of farmers, and the "two rights" mortgage loans are voluntarily applied by farmers and other agricultural business entities to ensure that farmers become real insiders, participants and beneficiaries. The mortgage of the management right of the transferred land needs the consent of the contracted farmers, and the mortgage is limited to the income during the transfer period. On the basis of financial sustainability, financial institutions should independently carry out the "two rights" mortgage loan business in accordance with relevant regulations.
The third is to advance steadily. On the premise of safeguarding farmers' legitimate rights and interests, we should properly handle the relationship among farmers, rural collective economic organizations, financial institutions and the government, and prudently and steadily promote the pilot projects of mortgage loans for rural contracted land management rights and mortgage, guarantee and transfer of farmers' housing property rights.
Fourth, the risks are controllable. Adhere to the bottom line that the nature of public ownership of land will not change, the red line of cultivated land will not break through, and the interests of farmers will not be damaged. We will improve supporting policies such as registration and certification of ownership confirmation, construction of circulation platform, risk compensation and collateral disposal mechanism in the pilot areas to prevent, control and resolve risks and ensure the smooth implementation of the pilot work.
Second, the pilot task
(A) to give the "two rights" mortgage financing function, safeguard farmers' land rights and interests. On the basis of risk prevention, compliance with relevant laws and regulations and rural land system reform, the pilot project of "two rights" mortgage loan will be carried out steadily and orderly. Strengthen system construction, guide and urge financial institutions to always take safeguarding, realizing and developing farmers' land rights and interests as the starting point and foothold of the reform pilot, implement the mortgage financing function of "two rights", clarify the business points such as loan object, loan purpose, product design, mortgage value evaluation and collateral disposal, revitalize the property attributes of farmers' land usufructuary rights, and increase financial support for "agriculture, rural areas and farmers".
(2) Promoting the innovation of rural financial products and services and strengthening rural financial services. Financial institutions should combine the power attributes of the "two rights", increase innovation support in terms of loan interest rate, term, quota, guarantee and risk control, simplify the loan management process, solidly promote the "two rights" mortgage loan business, and effectively meet the effective demand of farmers and other agricultural business entities for financial services. Encourage financial institutions to issue medium-and long-term loans during the remaining period of the right to operate contracted land in rural areas, and effectively increase the medium-and long-term credit investment in agricultural production. Encourage loans to agricultural business entities with moderate business scale.
(3) Establish a collateral disposal mechanism and do a good job in risk protection. When the borrower fails to perform due debts or the mortgage needs to be realized under the circumstances agreed by the parties, financial institutions are allowed to dispose of collateral in various ways according to law on the premise of ensuring farmers' contracting rights and basic housing rights. Improve the collateral disposal measures to ensure that when the borrower fails to perform the due debt or the circumstances agreed by the parties occur, the lending bank can successfully realize the mortgage right. The collateral disposal of farmers' housing property rights (including homestead use rights) mortgage loans should be differentiated from commercial housing. Explore the ways and means to realize the rights and interests of homestead in the mortgage guarantee of farmers' housing property rights, and protect the legitimate rights and interests of mortgagees. The transferee shall, in principle, limit the disposal of the collateral of the mortgage loan of farmers' housing property rights to the relevant laws and regulations and the provisions of the State Council.
(4) Improve supporting measures and provide basic support. Pilot areas should accelerate the registration and certification of rural land contractual management rights, homestead use rights and farmers' housing ownership, and explore the registration and certification of rural contracted land management rights obtained through circulation. If farmers' housing property rights are mortgaged, the right to use the homestead and the ownership of the house should be mortgaged together. According to the deployment of the pilot reform of the homestead system determined by the CPC Central Committee and the State Council, we will explore the establishment of a paid transfer mechanism for the right to use the homestead. Relying on the relevant competent departments to establish and improve a multi-level networked rural land property rights trading platform, establish a professional service mechanism for "two rights" mortgage, transfer and evaluation, and support the management rights of rural contracted land transferred in various legal ways for mortgage. Establish and improve the rural credit system, effectively mobilize and enhance the enthusiasm of financial institutions to support agriculture.
(five) increase support and coordination efforts to enhance the pilot effect. The People's Bank of China should support financial institutions to actively and steadily participate in the pilot project, and increase support for re-lending agriculture to eligible rural financial institutions. Banking supervision institutions should study differentiated supervision policies, reasonably determine the calculation rules and incentive policies in terms of capital adequacy ratio and loan classification, and support financial institutions to carry out "two rights" mortgage loan business. In the pilot areas, interest subsidies, the development of government-supported guarantee companies, the use of rural land property rights trading platforms to provide guarantees, and the establishment of risk compensation funds should be combined with the actual situation to establish a risk mitigation and compensation mechanism for "two rights" mortgage loans. Insurance supervision and management institutions should further improve the agricultural insurance system, vigorously promote agricultural insurance and farmers' housing insurance, expand insurance coverage, and give full play to the risk protection role of insurance.
Third, organize the implementation
(1) Strengthen organizational leadership. The People's Bank of China, together with the Central Agricultural Office, the Development and Reform Commission, the Ministry of Finance, the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Agriculture, the State Administration of Taxation, the Forestry Bureau, the Legislative Affairs Office, the China Banking Regulatory Commission, the China Insurance Regulatory Commission and other units, set up a steering group for the pilot work of rural contracted land management rights mortgage loans and a steering group for farmers' housing property rights mortgage loans (hereinafter referred to as the steering group) according to the division of responsibilities, earnestly implement the requirements of the CPC Central Committee and the State Council on the pilot work of "two The office of the Steering Group is located in the People's Bank of China.
(2) Select the pilot areas. The "two rights" mortgage loan pilot is based on the administrative area of the county (city, district). The pilot project of mortgage loan for the management right of rural contracted land is mainly carried out in rural reform experimental zone, modern agricultural demonstration zone and other areas with good circulation of rural land management right; In principle, the pilot project of mortgage loan for farmers' housing property rights is carried out in the pilot area of homestead system reform led by the Ministry of Land and Resources. The provincial people's government shall recommend pilot counties (cities, districts) to the office of the steering group in accordance with the principle of closed operation and controllable risks, and carry out pilot projects after the approval of the steering group. Provinces (autonomous regions and municipalities) may, according to local conditions, separately or simultaneously apply for the pilot of mortgage loans for rural contracted land management rights and mortgage loans for farmers' housing property rights.
(3) Strict pilot conditions. The pilot area of "two rights" mortgage loan should meet the following conditions: first, the registration and certification rate of rural land contractual management right, homestead use right and farmers' housing ownership right is high, the rural property right transfer trading market is sound, the trading behavior is open and standardized, and it has a good foundation and supporting conditions; Second, farmers have a strong willingness to transfer land, and the moderate scale operation of agriculture has a good momentum and has economies of scale; Third, the rural credit environment is good and the supporting policies are relatively sound.
(4) Standardize the pilot operation. The People's Bank of China and the China Banking Regulatory Commission, in conjunction with relevant units, issued pilot management measures for mortgage loans for rural contracted land management rights and pilot management measures for mortgage loans for farmers' housing property rights according to this opinion. Banking financial institutions shall, according to this opinion and the pilot management measures for "two rights" mortgage loans formulated by the financial management department, establish corresponding credit management systems and formulate detailed implementation rules. A pilot working group was set up in the pilot area to strictly implement the pilot conditions, formulate specific implementation opinions and support policies, and send them to the steering group for the record after being audited by the provincial people's government. The mortgage loan business of collective forest land management right and grassland management right can be implemented with reference to this opinion.
(5) Make a summary of the assessment. Seriously sum up the pilot experience, put forward suggestions on formulating and amending relevant laws, regulations and policies in a timely manner, and accelerate the revision and improvement of relevant laws and regulations. The People's Bank of China takes the lead in tracking, supervising and guiding the pilot work and conducting annual evaluation. Pilot counties (cities, districts) shall submit summary reports and policy suggestions, which shall be sent to the steering group by the provincial people's government. The steering group formed a national pilot work report and put forward relevant policy suggestions. All the pilot work will be completed before the end of 20 17.
(6) Obtaining legal authorization. The pilot involves breaking through Article 184 of the Property Law of the People's Republic of China, Article 37 of the Guarantee Law of the People's Republic of China and other relevant legal provisions. the State Council submitted to the National People's Congress Standing Committee (NPCSC) for authorization according to procedures, allowing the pilot areas to suspend the implementation of relevant legal provisions during the pilot period.
State Council
201August 5 10