Rules for Implementation of Measures on SPF Account Blocking Management is hereby issued for implementing Measures on SPF Account Blocking Management.
On the basis of Measures on SPF Account Blocking Management, Rules for Implementation of Measures on SPF Account Blocking Management clarifies rules on items such as management responsibility for blocked accounts, blocking application documents, suspending payment application scope, documents, time limit, payment suspended account restoration and transfer, account changes prompting, blocking handling of additional housing provident fund accounts and online handling.
Rules for Implementation of Measures on SPF Account Blocking Management shall take effect on 1st July, in sync with Measures on SPF Account Blocking Management.
For details, please click on : Notice of Issuance of Rules for Implementation of Measures on SPF Account Blocking Management.
Notice of Issuance of Rules for Implementation of Measures on SPF Account Blocking Management
SHGJJ No. 21 (2014)
To All Units Liable to Pay Housing Provident Fund:
This is to issue Rules for Implementation of Measures on SPF Account Blocking Management for you to follow accordingly.
Shanghai Provident Fund Management Center
22nd April 2014
Rules for Implementation of Measures on SPF Account Blocking Management
Article 1 Basis of Implementation
The implementation rules are enacted in accordance with Measures on SPF Account Blocking Management (following abbreviated as “Measures”)
Article 2 Scope of Blocking Application
The unit holding an employee’s housing provident fund account (hereinafter abbreviated as the “account”) should fulfill the account blocking formalities for the employee upon the occurrence of any of the following events:
1. The employee terminates the labor contract with the unit and fails to be reemployed.
2. The employee fails to be reemployed in cases of the unit’s merger or division resulting in termination or deregistration.
3. The employee fails to be reemployed in cases of the unit’s deregistration, dissolution or bankruptcy.
Article 3 Necessary Forms and Documents for Blocking Application
1. Checklist for Shanghai HPF (Additional HPF) Account Blocking (Appendix 1) completed and confirmed by affixing of the unit’s official stamp or special stamp for housing provident fund services
2. Supporting Documents for Blocking Application
(1) In the case that the employee terminates labor relationship with the unit and fails to be reemployed, valid supporting documents should be provided to prove termination of labor relationship with confirmation by affixing of the unit’s official seal, comprising the employee’s name, identification card number, join date and leave date.
(2). In the case that the employee fails to be reemployed due to the unit’s merger or division resulting in termination or deregistration, supporting documents such as merger or division related resolutions or official written reply should be provided.
(3). In the case that the employee fails to be reemployed due to the unit’s deregistration, supporting documents such as official legal documents for the unit’s deregistration as per the law should be provided.
(4) In the case that the employee fails to be reemployed due to the unit’s dissolution, such supporting documents as the dissolution related corporate bylaws, resolutions and legal documents should be provided.
(5) In the case that the employee fails to be reemployed due to the unit’s bankruptcy, legal documents of the people’s court declaring bankruptcy should be provided.
3. Provided that the unit has applied for arrears, payment status of both the unit and the individual should be checked and confirmed, and aside from providing above-mentioned relevant documents, the unit should also provide such supporting documents as the employee’s labor contract, labor manual, salary basis testimonial and the unit’s paying arrears checklist.
Article 4 Blocking Handling
1. SPFMC’s management divisions in various districts (hereinafter referred to as “management divisions”) are responsible for blocking handling services, and shall finish reviews within 3 work days after receiving application documents and settle employee account blocking procedures for those approved applications.
2. In the case that the employee terminates labor relationship with the unit and fails to be reemployed, the unit should submit blocking application documents to the corresponding management division within 30 days after the date of labor relationship termination.
3. In the case that the employee fails to be reemployed due to the unit’s termination or deregistration resulting from its merger or division, or the unit’s cancellation, dissolution or bankruptcy, the unit or the liquidation organization should submit blocking application prior to the unit’s termination or deregistration.
4. The unit or the liquidation organization should notify the employee prior to going through account blocking formalities.
Article 5 Transfer of a Blocked Account
1. In the case that the employee holding a blocked account is reemployed, the new unit should prepare Shanghai Housing Provident Fund Transfer Notice (Appendix 5) and proceed through procedures for transfer of the blocked account to the unit’s account at housing provident fund’s corresponding trustee bank (hereinafter referred to as the “trustee bank”) or management division within 30 days after the date of employment.
2. The employee holding a blocked account is also entitled to proceeding through procedures for transfer of the blocked account to the new unit’s account by submitting the newly-signed labor relationship testimonial, name and account of the new unit to the corresponding management division.
Article 6 Blocked Account Holder’s Rights and Interests
An employee holding a blocked account is entitled to withdrawal, checking account inquiry, lodging a formal complaint or suggestion pursuant to relevant regulations on withdrawal, checking account inquiry, lodging a formal complaint or suggestion, except that he or she is not eligible for home purchase loans application.
The balance of the blocked account is owned by the account holder, with interest calculated as per relevant regulations.
Article 7 Application Scope of Suspending Payment
In the case that en employee account does not measure up to a blocking situation, and yet needs temporarily suspending payment due to any of the following occurrences, the unit may proceed to fulfill formalities for suspending payment.
1. The employee is already hired by a new unit, and the previous unit needs to temporarily suspend payment account of the employee to ensure timeliness and accuracy in handling monthly payment, due to the previous unit’s failure to obtain the new unit’s account so that the employee account remaining in the previous unit cannot be transferred.
2. The employee’s account status measures up a withdrawal due to account closure situation, and yet withdrawal procedures have not been fulfilled.
3. The employee and the unit retains labor relationship with pay-performance relationship temporarily suspended, including:
(1) The employee joining the army;
(2) The employee being detained, arrested or convicted;
(3) The employee being missing, registered and filed with the public security department;
(4) The off-the-job employee having left the unit, with labor relationship retained;
(5) The employee having signed to confirm on suspended pay-performance relationship due to miscellaneous causes.
Article 8 Documents for Suspending Payment Application
(1) In the case that the employee has transitioned into a new employer whereas his or her former employer has not yet transferred out his or her account, Application Form for Suspending Payment into Shanghai HPF (Additional HPF) Account (Form A – Suspending Payment Pending Transfer out) (Appendix 2) shall be provided.
(2) In the case that the employee account satisfies the requirements for account-closing withdrawals and withdrawal procedures have not yet been fulfilled, Application Form for Suspending Payment into Shanghai HPF (Additional HPF) Account (Form B – Suspending Payment Pending Closing Account) (Appendix 3), and supporting documents as appropriate for account-closing situations shall be provided.
(3) In the case that the employee and the unit retains the labor relationship with pay-performance relationship temporarily suspended, Application Form for Suspending Payment into Shanghai HPF (Additional HPF) Account (Form C – Suspending Payment due to Suspended Salary) (Appendix 4), and supporting documents as evidence for retained labor relationship and temporary suspension of pay-performance relationship shall be provided.
(4) In the case that the unit has applied for arrears, payment status of both the unit and the individual should be checked and confirmed, and aside from providing above-said relevant documents, the unit should also provide such supporting documents as the employee’s labor contract, labor manual, salary basis testimonial and the unit’s paying arrears checklist.
Article 9 Suspending Payment Formalities
Trustee banks shall take charge of handling of suspending payment formalities. The unit shall submit suspending payment application to the corresponding trustee bank at the unit account’s location. The trustee bank shall complete review process within 3 workdays after receiving the application documents, and proceed to handle procedures for suspending payment into employee account provided that the application is approved.
Article 10 Time Limit for Suspending Payment
The limit for suspending payment shall be set under the following circumstances (on a monthly basis, counting from the next month following the date of payment suspension approval):
(1) Provided that the employee is already hired by a new unit and his or her account is not yet transferred by the previous unit, payment suspension period shall not exceed 6 months, and at the end of the maturity the previous unit must not apply again for suspending payment for the same reason in regard of the same account.
(2) Provided that the employee and the unit retains labor relationship with pay-performance relationship temporarily suspended, payment suspension period shall not exceed 12 months, and the payment suspension period cannot be extended unless the unit again submits application to the trustee bank for such extension within 15 days preceding the maturity date of payment suspension period, and the trustee bank shall fulfill application reviewing process within 3 workdays after receiving application documents.
Article 11 Payment-Suspended Account’s Restoration and Transfer out
(1) During the payment suspension period, the unit should proceed to timely handling of blocking, transfer out, payment, account closure procedures as per actual situation of an employee, otherwise the payment-suspended account shall be automatically restored to normal status pending payment due to failure to handle relevant procedures prior to the maturity date of the suspension period.
(2) In the case that the employee with a suspended account is already hired by a new unit, the previous unit should handle the employee account’s transfer out to the new unit in a timely manner, otherwise the employee may also personally prepare valid supporting documents and request the management division to supervise and hasten the previous unit to handle the transfer accordingly provided that the previous unit delays or declines in account transfer handling. The management division should complete the transfer procedures within 20 days provided that the previous unit fails to fulfill the transfer formalities within 10 days in wake of the supervision and push.
(3) In the case that an employee account has been transferred to the new unit, the new unit should have the employee account unblocked in a timely manner and make housing provident fund payment into the employee account pursuant to relevant regulations, otherwise the transferred account shall be automatically restored to normal status pending payment due to failure to unblock the account within 6-month blocking maturity.
Article 12 Account Changes Reminder
The trustee banks shall be responsible for reminding the units on 5th and 20th of the last two months preceding the maturity date of a suspended account, of maturity of a suspended account to be processed, and of necessary employee account related handling procedures within the payment suspension period. The suspended account shall be automatically restored to normal status pending payment due to failure to handle relevant procedures prior to the maturity date of the suspension period, and the unit shall bear the responsibility as necessary.
Article 13 Information Collation
(1) Upon discovery of inconsistency or missing information in regard of an employee account, the unit should collate, add and correct information before handling account unblocking, blocking and payment suspension procedures. Details as per relevant instructions on making employee account information changes (an employee account held by the unit).
(2) Upon discovery of inconsistency or missing information in regard of a blocked account, the employee may prepare valid testimonies and handle procedures for account information changes. Details as per relevant instructions on information changes for a blocked account.
(3) The unit should fulfill procedures in a timely manner once unit account information changes. Details as per relevant instructions on unit account information changes.
Article 14 Additional Housing Provident Fund
The unit should handle additional housing provident fund account blocking procedures for the employees under any of the following circumstances:
(1) where any of the situations under Article 2 of the Rules occurs;
(2) In the case that the new unit is not yet in a position to accept the transfer of a new hire’s additional housing provident fund account for lack of additional housing provident fund system, the previous unit should apply by providing relevant documents to the management division at its account’s location for blocking of the employee’s additional housing provident fund account within 30 workdays in wake of the employee’s outbound transfer. The management division shall complete the review process within 3 workdays after receiving the application documents, and proceed to additional housing provident fund account blocking procedures once the application is approved.
In the case that an additional housing provident fund paying unit plans to discontinue additional housing provident fund payment due to reasons such as an economic downturn, the unit may apply to the trustee bank for discontinuing additional housing provident fund payment into the unit account at the end of a housing provident fund fiscal year.
Article 15 Online Services
The online blocking and payment suspending services of Shanghai housing provident fund shall be handled consistently with the services at the outlets of management divisions and trustee banks in compliance with the implementation rules. Municipal PF Center shall supervise and monitor the process of these online services, and establish access mechanism, responsibility mechanism, supervision mechanism and credit mechanism to ensure standard and orderly operation of relevant online services.
Article 16 Date of Enforcement
The implementation rules shall become effective as of 1 July 2014 with a five-year validity period.
