notice on launch of 2016 administrative enforcement inspection of hpf payment of the municipality-凯发

laws & regulations
notice on launch of 2016 administrative enforcement inspection of hpf payment of the municipality
2016-05-09

 

notice on launch of 2016 administrative enforcement inspection of hpf payment of the municipality

shgjjg no. 5 (2016)

 

to all entities:

in acccordance with relevant stipulations of the state council’s regulations on management of housing provident fund, provisions of shanghai municipality on administration of housing provident fund, and the municipal government’s requirements for further expansion of housing provident fund system coverage, we have decided to conduct 2016 annual housing provident fund payment law enforcement inspection in a bid to safeguard employees’ legitimate rights and interests and increase employees’ housing consumption capability for their sharing the benefits of reformation and development to maintain social equality and promote social harmony. we hereby notify you of the following in this regard:

1. inspection schedule

   april through october 2016

2. inspection scope

   applicable to all entities in the municipality liable for housing provident fund payment pursuant to regulations on management of housing provident fund, including state organs, state-owned enterprises, private non-enterprise entities and associations, highlighting those entities failing to go through hpf payment registration or hpf employee account opening formalities, or failing to make regular, timely and adequate payment for their staff (overdue, suspended or inadequate payment, not including those applying for reduced payment rates or postponed housing provident fund payment due to financial constraint caused by business downturn).

3. inspection aims

entities’ compliance with housing provident fund regulations of the state and the municipality, mainly comprising:

(1) checking whether a unit has filed a housing provident fund payment registration statement and opened a unit housing provident fund account within 30 days from the date of its registration;

(2) checking whether a unit has fulfilled formalities for opening or transferring a new hire’s account within 30 days from the date of employment;

(3) checking whether a unit makes due (within 5 days from the monthly pay day) and adequate (pursuant to regulations on payment base and rate) housing provident fund payment, and whether overdue, suspended or inadequate payment has occurred.

4. inspection methods

   this round of enforcement inspection resorts to a combination of self inspection and corrective action, sampling enforcement inspection and special auditing.

   (1) all entities shall earnestly proceed to conduct self inspection and correction in accordance with relevant housing provident fund regulations of the state and the municipality from april through july 2016, fill in housing provident fund payment status self-checking form (blank forms are available at their respective district/county’s housing provident fund management divisions or ccb’s housing provident fund service counters, or downloadable on shgjj.com or accessible via the housing provident fund website’s unit membership system) and submit the self inspection and correction report and the remedial plan once any housing provident fund nonconformities are identified. above-mentioned documentation shall be submitted as per following instructions prior to 31 july 2016:

1) those units having opened housing provident fund accounts shall submit required documents to ccb’s housing provident fund service outlets of their respective districts/county;

2) those units failing to open housing provident fund accounts shall submit documents to the housing provident fund management divisions of their respective districts/county.

(2) from august 2016, the municipality’s provident fund management committee, trade union, housing & urban-rural development management commission   and provident fund center shall jointly conduct sampling enforcement inspection of major targets, listen to reports on self inspection and correction, verify housing provident fund payment status self-checking form and check documents such as the employee name list, the social insurance payment notice and the payroll statement.

(3) from august through november 2016, shanghai provident fund management center, in coalition with a third party, shall conduct special auditing of the housing provident fund payment status of those entities set as priority targets for inspection.

5. general requirements

(1) all units concerned are required to attach great importance to the inspection, get down to study of relavant regulatory documents such as regulations on management of housing provident fund, provisions of shanghai municipality on administration of housing provident fund and and measures on management of shanghai provident fund administrative enforcement, and assign a specific department or person as per requirements of the notice to make good preparations, particularly for self checking and corrections.

(2) all employees should strengthen awareness to safeguard their rights by proactively lodging complaints as necessary to shanghai provident fund management center about any violations of the entities against housing provident fund regulations infringing employees’ legitimate rights and interests.

(3) shanghai provident fund management center should come up with workable solutions and careful arrangements, and push ahead for fulfillment of the objectives specified in the notice, ensuring that this round of law enforcement inspection is schemed, implemented and proved effective, and the status and progress of the inspection is publicized accordingly.

(4) all the inspection team members should abide by applicable laws, rules and disciplines for strict law enforcement without being swayed by personal considerations.

(5) relevant departments, commissions and bureaus should be concerned about this round of law enforcement inspection of the housing provident fund, and urge the entities within their respective system, region and industry.

(6) relevant departments such as social security, labor, industry and commerce, and taxation should act in concert with this round of law enforcement inspection of the housing provident fund and provide support or assistance as necessary.

6. inspection handling

(1)  handling cases in accordance with legal provisions: nonconformities identified during inspection shall be handled as per relevant regulations such as articles 37 and 38 of regulations on management of housing provident fund, article 17 of provisions of shanghai municipality on administration of housing provident fund and articles 7, 8 and 9 of measures on management of shanghai housing provident fund administrative enforcement.

1) those units failing to go through housing provident fund payment registration formalities for unit account establishment should go and get it done at their respective district/county provident fund management divisions. as for those units refusing to make self corrections, municipal provident fund center shall require mandatory remedial actions within prescribed time limit. any failure to comply with prescribed time constraint shall inflict a fine ranging from 10000 yuan to 50000 yuan.

2) those units failing to fulfill housing provident fund account opening formalities for all employees should go to get it done at their respective district/county provident fund management divisions. as for those units refusing to make self corrections, municipal provident fund center shall require mandatory remedial actions within prescribed time limit. any failure to comply with prescribed time constraint shall inflict a fine ranging from 10000 yuan to 50000 yuan.

3) those units failing to make overdue or adequate housing provident fund payment should proceed to fulfill formalities for paying arrears or draw up remedial plans as required. as for those units refusing to make self corrections, municipal provident fund center shall require mandatory remedial actions within prescribed time limit. as for those units failing to make overdue housing provident fund payment, municipal provident fund center shall apply to the people’s court for compulsory enforcement. those units having difficulties indeed in making housing provident fund payment may apply for reduced rate or prolonged payment pursuant to relevant regulations.

(2)  disclosing nonconformities in accordance with legal provisions: as for an entity failing to go through hpf payment registration formalities as required for account opening for either the unit or its employees, or failing to make overdue or adequate payment, shanghai provident fund management center, apart from handling it in accordance with relevant regulations, shall also publicize such conformities on shanghai provident fund website, and provide relevant information about the nonconformities to shanghai public credit information service platform and the central bank’s credit information platform, and apply to the people’s court for putting them under bad-credit name list pending administrative enforcement.

shanghai housing provident fund management committee

trade union of shanghai municipality

shanghai management commission of housing & urban-rural development

shanghai provident fund management center

may 5, 2016

relevant references:

regulations on management of housing provident fund

 article 37 where, in violation of the provisions of these regulations, a unit fails to undertake payment and deposit registration of housing provident fund or fails to go through the formalities of opening housing provident fund accounts for its staff and workers, the housing provident fund management center shall order it to go through the formalities within a prescribed time limit; where failing to do so at the expiration of the time limit, a fine of not less than 10,000 yuan nor more than 50,000 yuan shall be imposed.

article 38 where, in violation of the provisions of these regulations, a unit is overdue in the payment and deposit of, or underpays, the housing provident fund, the housing provident fund management center shall order it to make the payment and deposit within a prescribed time limit; where the payment and deposit has not been made after the expiration of the time limit, an application may be made to a people's court for compulsory enforcement.

provisions of shanghai municipality on the administration of housing provident fund

article 17 any unit that fails to go through the registration formalities for payment to the housing provident fund in accordance with law, or fails to complete the formalities for setting up individual housing provident fund accounts for its own employees, or fails to make payments to the housing provident fund within the time limit in accordance with law, or fails to make full payments to the housing provident fund shall be dealt with by the spmfc in accordance with the provisions of the “regulations on the administration of housing provident fund” of the state council.

measures on management of shanghai housing provident fund administrative enforcement

article 7 as for those units failing to fulfill housing provident fund payment registration formalities, municipal provident fund center shall require mandatory remedial actions within prescribed time limit, or inflict penalties as per the following:

1) a unit having been established for less than two years will face a fine of 10000 yuan;

2) a unit having been established for more than two years and less than five years will face a fine ranging from 10000 yuan to 30000 yuan;

3) a unit having been established for over five years will face a fine ranging from 30000 yuan to 50000 yuan.

article 8 as for those units failing to fulfill housing provident fund account opening procedures for their staff, municipal provident fund center shall require mandatory remedial actions within prescribed time limit, or inflict penalties as per the following:

1) a unit failing to fulfill housing provident fund personal account opening procedures for less than one hundred eligible employees will face a fine of 10000 yuan;

2) a unit failing to fulfill housing provident fund personal account opening procedures for one hundred up to five hundred eligible employees will face a fine ranging from 10000 yuan to 30000 yuan;

3) a unit failing to fulfill housing provident fund personal account opening procedures for over five hundred eligible employees will face a fine ranging from 30000 yuan to 50000 yuan.

article 9 in cases that a unit fails to make overdue or adequate housing  provident fund payment, shanghai provident fund management center shall require mandatory remedial actions within prescribed time limit. any failure to make payment for corrections within the prescribed time limit shall be appealed to the people’s court for compulsory enforcement.

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