Notice on Issuance of Measures for SPF Information Disclosure (Trial Implementation)
SHGJJG No.4 (2014)
To Municipal Provident Fund Management Center:
This is to issue Measures on Shanghai HPF Information Disclosure (Trial Implementation), which has been reviewed and approved by Municipal Housing Provident Fund Management Committee’s 41st plenary session on 31 March 2014, for your implementation accordingly.
Shanghai Housing Provident Fund Management Committee
18th April 2014
Measures on Shanghai HPF Information Disclosure (Trial Implementation)
Chapter One General Guidelines
Article 1 Objectives and Criteria
The Measures is instituted as per relevant regulations such as Regulation of the People’s Republic of China on the Disclosure of Government Information, Provisions of Shanghai Municipality on Disclosure of Government Information and Ministry of Construction’s Instructions on Further Standardizing Housing Provident Fund Management Information Disclosure Process, with the aim of increasing transparency of the Municipality’s housing provident fund administration, standardizing housing provident fund information disclosure process and protect housing provident fund paying employees’rights of knowing and supervision.
Article 2 Definition
The term housing provident fund information in the Measures refers to any information produced or gained by Shanghai Housing Provident Fund Management Committee (hereinafter abbreviated as Municipal PF Management Committee) and Shanghai Provident Fund Management Center (hereinafter abbreviated as Municipal PF Center) in the housing provident fund decision-making and management process, either recorded or stored in a certain form.
Article 3 Scope of Application
The Measures is applicable to housing provident fund information disclosure activities within the administrative region of this Municipality.
The Measures does not apply to cases of queries of any housing provident fund paying unit or individual for the unit’s or the individual’s information about housing provident fund payment, withdrawal and the like.
Article 4 Organization and Responsibilities
Municipal PF Management Committee and Municipal PF Center shall jointly conduct this Municipality’s housing provident fund information disclosure activities in accordance with their respective responsibilities.
Municipal PF Management Committee is responsible for instituting rules and regulations for housing provident fund information disclosure of this Municipality, instruct and supervise Municipal PF Center in carrying out housing provident fund information disclosure activities.
Municipal PF Center is responsible for implementation of housing provident fund information disclosure activities of this Municipality.
Article 5 Working Mechanism and Manpower
Municipal PF Center shall set up a working mechanism for housing provident fund information disclosure activities and deploy necessary manpower.
Article 6 Guiding Principles
Housing provident fund information disclosure shall adhere to the principles of being law-abiding, just, fair and customer-oriented.
Any disclosed housing provident fund information must not jeopardize national security, public safety, economic security and social stability.
Chapter 2 Scope and Content of Disclosure
Article 7 Proactive disclosure
proactive disclosure of housing provident fund information comprises:
(1) Organizational functions of Municipal PF Management Committee: Municipal PF Management Committee ‘s bylaws, rules of deliberative procedures and meeting system; establishment, functions and contact means of Municipal PF Management Committee’s Office; Municipal PF Management Committee’s major decision-making items.
(2) Organizational establishment, major functions, office hours, contact means, telephone numbers for services consulting and lodging complaints.
(3) Housing provident fund rules, regulations, policies, services procedures, service measures and handling time limit; relevant criteria and standards for service charge items.
(4) Medium and long term plan for development of housing provident fund.
(5) Status on accomplishments of main indexes for housing provident fund fiscal year’s payment, withdrawal and use and status on use of value-added proceeds.
(6) Housing provident fund fiscal year’s financial data and relevant information.
(7) Descriptions, consulting telephone numbers and office hours of the collateral mortgager for housing provident fund home loans and entrusted commercial banks, their branches and sub-branches for housing provident fund services.
(8) List of names of units failing to comply with housing provident fund payment obligations and make corrections in the aftermath of being inflicted penalties for nonconformities.
(9) Other information to be disclosed as per relevant regulations.
The above item (1) related information shall be publicized by Municipal PF Center after authorized by Municipal PF Management Committee; Items (2) to (9) related information shall be actively publicized by Municipal PF Center.
Article 8 Prohibited information disclosure
Disclosure of housing provident fund information under the following circumstances is prohibited:
(1) involving state secrecy;
(2) involving commercial secrecy;
(3) involving personal privacy;
(4) still in the process of discussion, study, deliberation or investigation;
(5) requiring summary, analysis, processing and remaking of the various information;
(6) relevant to administrative law enforcement so that disclosure might make an impact on law enforcement activities such as inspection, investigation and evidence collection;
(7) other circumstances prohibiting disclosure as per relevant laws and regulations.
However, the housing provident fund information relating to the above-mentioned circumstances under items (2) and (3) can be disclosed provided that the obligee has approved such disclosure or Municipal PF Center deems that failure to disclose the information might have a significant impact on public interests. In regard of information disclosure consent solicitation, any failure of the obligee to revert to Municipal PF Center shall be regarded as a disapproval of the information disclosure.
Article 9 Information disclosure application
Aside from the housing provident fund information actively disclosed, a citizen or a legal person or any of the other organizations has the right to apply to Municipal PF Center for relevant housing provident fund information pursuant to relevant regulations.
Article 10 Review for confidentiality
Municipal PF Center should establish and improve review mechanism for confidentiality of the housing provident fund information issued, and address review procedures and responsibilities.
Municipal PF Center should conduct reviews of any housing provident fund information prior to disclosure in accordance with Law of the People’s Republic of China on Guarding State Secrets and other laws, regulations and relevant state provisions.
Article 11 Information disclosure guide and directory
Municipal PF Center should compile and publicize the housing provident fund information disclosure guide and the housing provident fund information disclosure directory as per relevant regulations, and update them in a timely manner.
The housing provident fund information disclosure guide should comprise information classification and means of access, and the housing provident fund information disclosure working organ’s name, location, office hours, contact phone numbers, fax numbers and email addresses.
The housing provident fund information disclosure directory should comprise index, information name, information contents descriptions, production date and disclosure time.
Chapter 3 Information Disclosure Means and Procedures
Article 12 Venues for proactive disclosure
Housing provident fund information actively disclosed should be disseminated via venues such as the website, newspapers, broadcasting, television, news conferences and other media well known to the public.
Municipal PF Center should make publicity columns available at housing provident fund service halls with information disclosure related documents in place.
Article 13 Time limit for proactive disclosure
Housing provident fund information to be actively disclosed shall be duly disclosed within 20 work days from the information formation or change date unless otherwise specified by laws and regulations.
Article 14 Access for disclosure application
Municipal PF Center may designate relevant housing provident fund services outlets as accesses for information disclosure application by citizens, legal persons or other organizations.
Article 15 Means of Disclosure Application
Information disclosure application by citizens, legal persons or other organizations pursuant to Article 9 of the Measures shall be submitted by means of letters, facsimiles, emails and the like and bear the following contents:
(1) Applicant’s name or description and means of contact;
(2) Detailed description of housing provident fund information disclosure applied for;
(3) Approaches to obtaining housing provident fund information and forms of information carrier.
Provided that it is indeed difficult to apply in a written form, the applicant may address the issue orally and Municipal PF Center should offer help.
Article 16 Requirements for disclosure application
To apply for housing provident fund information disclosure, citizens, legal persons or other organizations should show valid identification cards or testimonial materials. Municipal PF Center may inquire about the use of housing provident fund information.
Article 17 Response
Regarding application of citizens, legal persons or other organizations for housing provident fund information disclosure, Municipal PF Center should respond in view of the following circumstances:
(1) The applicant should be notified of the means and channels for accesses to the housing provident fund information provided that it is within the scope of disclosure.
(2) The applicant should be notified and reasons explained provided that it is within the scope of prohibited disclosure.
(3) Provided that the content of the application is not within the scope of the housing provident fund information defined in the Measures, the applicant should be notified and relevant explanation given.
(4) Provided that the information disclosure applied for is within the scope of Municipal PF Center’s responsibility and authority and yet Municipal PF Center has not produced or obtained the information, the applicant should be notified of the inexistence of the housing provident fund information.
(5) Provided that the information disclosure applied for is not within the scope of Municipal PF Center’s responsibility and authority, the applicant should be notified of its being beyond the scope of disclosure by Municipal PF Center, and the responsible organ’s name and means of contact if the information disclosing organ can be determined.
(6) Provided that the information disclosure applied for contains anything that should not be disclosed and yet can be dealt with separately, the applicant should be notified of the possibility of and reasons for partial disclosure, and means of access to the partially disclosed information.
(7) Provided that the information disclosure applied for involves divulgence of commercial secrecy or personal privacy in sync with the above stipulation in item (2) under Article 8 and yet the information can be disclosed, the applicant should be informed of the means and channels for access, and the oblige shall be notified of the content of and reasons for the information disclosure.
(8) Provided that the content of the application is not clearly specified so that it does not comply with the stipulation in item (1) under Article 15, the applicant should be notified to provide additional and correct materials within a reasonable period of time, and any failure of the applicant to provide additional and correct materials in due course shall be deemed a waiver of the application.
(9) In the case that an applicant repeatedly submits the same housing provident fund information disclosure application that has already been addressed, such application shall not be handled any more.
Article 18 Time Limit for Application
Municipal PF Center should exert to reply promptly upon receival of housing provident fund information disclosure application. Provided that no prompt reply can be given , the application should be addressed and responded within 15 work days from the application receiving date. Any extension to the time for responding, subject to approval by head of the municipal housing provident fund information disclosure operation department, must not exceed 15 work days and the applicant should be notified accordingly.
In cases of failure to reply and offer information to the applicant in due course, namely, within the prescribed time limit, owing to force majeure or miscellaneous legitimate causes, calculation of the time limit shall be reinstated after the intermission and elimination of the hindrance.
Article 19 Means of Access and Forms of Carrier
In regard of the housing provident fund information disclosure application submitted to Municipal PF Center, the applicant may opt to obtain housing provident fund information by means such as delivery by mail, hand, fax or counter receiving either in hard copy (on paper) or in digital form (on a compact disc).
Municipal PF Center should resort to the means and carrier forms as per applicants’requests for housing provident fund information disclosure, or otherwise employ other pertinent means or carrier forms as necessary.
Article 20 Information Correction
Citizens, legal persons or other organizations are entitled to request Municipal PF Center to make corrections provided that they have any evidence to prove the inaccuracy of the housing provident fund information disclosed.
Municipal PF Center should make necessary corrections after verification, or notify the applicant that Municipal PF Center is not in a position to make the correction.
Article 21 Charges
Regarding the information disclosure applied for by citizens, legal persons or other organizations, Municipal PF Center may charge a searching, copying or mailing fee for the actual costs. No other fees shall be charged.
Criteria for charging the above fees for actual costs should comply with relevant regulations enacted by the municipal price and finance departments. All the fees collected shall be turned over to the department of finance.
Those applicants enjoying subsistence allowances for the urban and rural poor or indeed having miscellaneous economic problems should be exempt from the charges.
Municipal PF Center must not charge any service fees through other organizations or individuals for providing housing provident fund information.
Chapter 4 Supervision and Management
Article 22 Social Evaluation
The housing provident fund information disclosure should accept social evaluation organized by the information disclosure supervising department in the Municipality.
Article 23 Supervision and Inspection
Municipal PF Management Committee should conduct supervision and inspection over implementation of housing provident fund information disclosure in the Municipality at regular or irregular intervals.
Citizens, legal persons or any other organizations may lodge a complaint to Municipal PF Management Committee provided that they deem that Municipal PF Center has not fulfilled obligations for housing provident fund information disclosure in accordance with the law and regulations.
Article 24 Annual Report
Municipal PF Center should publicize annual report on housing provident fund information disclosure prior to 31 March each year.
Article 25 Liability Ascertainment
In any of the following cases violating the Measures, persons directly responsible or other responsible persons shall be criticized and educated, or given administrative sanctions according to the law regarding severity of circumstances and consequences, or prosecuted for criminal liability under such circumstances as a crime is committed.
(1) failure to perform obligations for housing provident fund information disclosure according to the law;
(2) failure to update the housing provident fund information disclosed in a timely manner;
(3) a violation of regulations about the charges;
(4) having disclosed information that should not be divulged;
(5) other violations against the Measures.
Chapter 5 Supplementary Provisions
Article 26 Appropriation and Guarantee
Appropriation for housing provident fund information disclosure shall be integral to the annual budget in a bid to ensure smooth operation of the housing provident fund information disclosure activities.
Article 27 Organization of Implementation
The implementation of the Measures shall be organized by Municipal PF Center.
Article 28 Enforcement Date
The Measures shall come into force from 1 October 2014 for two years of trial implementation.
