Notice on Launch of 2015 Administrative Enforcement Inspection of HPF Payment of the Municipality
SHGJJG No. 1 (2015)
To All Entities:
In accordance with relevant stipulations of the State Council’s Regulations on Management of Housing Provident Fund and Provisions of Shanghai Municipality on Administration of Housing Provident Fund, Municipal Housing Provident Fund Management Committee, Municipal Trade Union and Municipal Provident Fund Management Center jointly decided to launch 2015 administrative enforcement inspection of housing provident fund payment of the municipality from April through October in an aim to further strengthen housing provident fund payment management and safeguard employees’legitimate rights and interests regarding housing provident fund. We hereby notify you of the following in this regard:
1. Guiding Ideology
Proactively implement resolutions of the Third Session of the Eighteenth Committee of the CPC on setting up an open and standardized housing provident fund system and resolutions of the Fourth Session of the Eighteenth Committee of the CPC on law-based governance, step up effort in housing provident fund law enforcement inspection to enhance pertinence and effectiveness, and carry out enforcement inspection in a move to increase units’ awareness of housing provident fund payment pursuant to relevant regulations, expand housing provident fund system coverage, give legal teeth to safeguarding employees’ legitimate rights and interests and ensure effective implementation of Regulations on Management of Housing Provident Fund and Provisions of Shanghai Municipality on Administration of Housing Provident Fund.
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.
3. Inspection Aims
Units’ 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 or inadequate payment has occurred.
4. Inspection Schedule
April through October 2015
5. Inspection Methods
This round of enforcement inspection resorts to a combination of self inspection and corrective action and sampling enforcement inspection.
(1) All units 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 2015, 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 2015:
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 2015, Municipal Provident Fund Management Committee, Municipal Trade Union and Municipal 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.
6. Inspection Handling
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 should go and get it done at their respective district/county provident fund management divisions. As for those units refusing to conduct 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 conduct 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. Those units having difficulties indeed in making housing provident fund payment may apply for reduced rate or prolonged payment pursuant to relevant regulations.
(4) As for those units failing to make overdue or adequate housing provident fund payment and refusing to make self corrections, Municipal Provident Fund Center shall require mandatory payment within prescribed time limit, and apply to the people’s court for compulsory enforcement in a case of failure to make overdue payment.
As for those nonconforming units that have failed to go through HPF payment registration or HPF employee account opening formalities, or failed to make due and full HPF payment, Shanghai Provident Fund Management Center, apart from inflicting penalties pursuant to relevant regulations, shall also publicize them on Shanghai Provident Fund Website, and provide relevant violation information to Shanghai public credit information service platform, and apply to the people’s court for putting them under bad-credit name list pending administrative enforcement.
7. Relevant Requirements
(1) All units concerned are required to attach great importance to the self inspection, assign a person to be in charge as per requirements of the Notice, get grips with fulfillment of the documents in light of the real situation and proceed to take corrective actions as necessary.
(2) At the self inspection stage, all units concerned should earnestly fill in and confirm by affixing of the official seal the Housing Provident Fund Payment Status Self-Checking Form, and submit it to the designated place within the prescribed time limit.
(3) At the sampling inspection stage, all targeted units should cooperate in inspection and inquiries and prepare all necessary documents of originals and respective photocopies such as the business license, the employee name list, the social insurance payment notice and the payroll statement.
Shanghai Housing Provident Fund Management Committee
Trade Union of Shanghai Municipality
Shanghai Provident Fund Management Center
8 April 2015
