Xi' an provident fund loan conditions and amount

I. Xi 'an Provident Fund Loan Conditions and Quota

Letter of credit clause

Individuals who have paid the housing provident fund in full and continuously for more than 6 months (inclusive) and have full capacity for civil conduct may apply for housing provident fund loans when purchasing, building, renovating or overhauling ordinary houses for their own use. For those who have paid the housing provident fund in different places and paid it in the current deposit place for less than 6 months, the payment time can be combined with the payment certificate issued by the financial management center.

Employees applying for housing provident fund loans shall meet the following conditions:

(1) Holding valid identity documents;

(2) Having a stable occupation and income, good credit and the ability to repay the principal and interest of the loan;

(three) the purchase of housing, must comply with laws and regulations, renovation, overhaul of housing, must have the approval documents of the construction, planning, land management and other departments; The purchase of second-hand housing also needs to provide an evaluation report issued by an evaluation agency recognized by the provident fund center;

(four) the purchase of housing, should have paid not less than the price; Construction, renovation and overhaul of housing, can pay not less than the prescribed proportion of construction, renovation and overhaul of housing costs.

(five) agreed to guarantee the principal and interest of provident fund loans in a way recognized by the provident fund center and the entrusted bank;

(7) Laws and regulations

Loan process

1, loan process for the construction, renovation and overhaul of first-hand houses and houses

(1) The borrower applies to the entrusted bank entrusted by the individual housing management center or provident fund management center, fills in the Application Form for Personal Housing Provident Fund Loan and submits the required materials.

(2) The provident fund management center or the entrusted bank entrusted by the provident fund management center, after receiving all kinds of information, makes a decision on whether to issue loans.

The entrusted bank shall forward the loan contract and relevant certification materials to the guarantee company. If the guarantee company agrees to handle the guarantee after examination, the guarantee company shall handle the guarantee and counter-guarantee.

(4) Where the securities are pledged, the borrower shall hand over the securities to the entrusted bank for safekeeping.

(5) After the loan formalities are completed, the provident fund management center shall submit the loan transfer notice to the bank according to the guarantee completion certificate issued by the guarantee company or the pledge completion certificate issued by the entrusted bank, and issue the loan at the time and amount agreed in the loan contract.

2. Xi 'an second-hand housing provident fund loan process

Loan materials

(1) The original and photocopy of the borrower's certificate (or other valid documents);

(2) The original and photocopy of the borrower's marriage certificate;

(3) the legal purchase contract,

(4) down payment voucher and its copy; Proof of funds needed for building construction, renovation and overhaul;

(5) Proof that the borrower has a stable income and the ability to repay the loan;

(6) Credit report of the borrower;

(seven) the seal of the borrower and spouse;

(8) Other relevant information.

Loan amount, term and interest rate

(1) Loan amount

1. For the purchase of self-occupied ordinary housing, the loan amount shall not exceed 70% of the total contract price of the purchased housing.

2. The loan amount for finely decorated houses and houses with prices significantly higher than the average level of the regional market shall not exceed 60% of the total contract price of the houses purchased.

3. If the second suite uses the housing provident fund loan to purchase housing, the loan amount shall not exceed 50% of the total contract price of the purchased housing, and the loan interest rate shall rise 1. 1 times on the basis of the benchmark interest rate of the current year.

4. If the third suite uses the housing provident fund loan to purchase housing, it will not be accepted.

Note: The amount of a single loan shall not exceed the maximum loan amount stipulated by Xi Housing Provident Fund Management Committee. The monthly repayment of the principal and interest of the provident fund loan shall not exceed 50% of the monthly income of the family.

(2) loan term

1. Purchase commercial housing, affordable housing and raise funds to build houses, with a maximum loan period of 30 years;

2. If you buy a second-hand house, the longest loan period is 20 years (within the legal service life of the house);

3. The longest loan period for the construction, renovation and overhaul of owner-occupied housing is 10 year.

The sum of the borrower's age and the loan application period shall not exceed his statutory retirement age in principle. If it is really necessary to extend the loan period for employees who have years left before the statutory retirement age 10, they can extend it to 5 years after the statutory retirement age upon their application and special pre-approval.

(3) Loan interest rate

For loans with a loan term of less than one year (including one year), the contract interest rate shall be implemented. If the statutory interest rate is adjusted, the interest will not be calculated by sections; If the loan term is more than one year, in case of legal interest rate adjustment, the new interest rate regulation will be implemented on the following year 1 month 1 day according to the corresponding interest rate grade.

Loan repayment

(1) Normal loan repayment:

The borrower shall repay the principal and interest of the loan according to the repayment plan and repayment method agreed in the loan contract. Enter the repayment period from the month following the bank transfer date, and repay the loan principal and interest on the monthly repayment date.

If the loan term is within one year (including one year), the principal and interest will be repaid in one lump sum at maturity, and the interest will be paid off together with the principal.

If the loan term is more than one year, the principal and interest of the loan will be repaid in monthly installments. The borrower can repay the loan principal and interest in one of the following two ways:

1. Equal principal and interest repayment method (equal monthly repayment of loan principal and interest during the loan period).

2. average capital repayment method (repayment of loan principal in equal amount every month, with loan interest decreasing month by month).

(2) Repaying the loan in advance:

The borrower can repay all or part of the loan in advance within six months after the loan is issued, and apply to the entrusted bank for early repayment.

1. If the loan is repaid in full in advance, all the remaining loan principal shall be settled at the same time as the current loan principal and interest are repaid.

2. If partial repayment is made in advance, the amount of principal and interest payable in the next month shall be recalculated according to the remaining principal and remaining term.

After paying off the loan principal and interest, you should go to the real estate mortgage registration department to cancel the mortgage in time, and the entrusted bank will return the pledged securities to the borrower.

legal ground

Regulations on the administration of housing provident fund

Article 26

Workers who have paid housing provident fund can apply for housing provident fund loans to the housing provident fund management center when purchasing, building, renovating or overhauling their own houses. The housing provident fund management center shall make a decision on whether to grant loans within 15 days from the date of accepting the application, and notify the applicant; Where a loan is granted, the entrusted bank shall go through the loan formalities. The risk of housing provident fund loans shall be borne by the housing provident fund management center.

Second, the personal loan regulations

You can try to apply for a farmer loan. Generally speaking, it is relatively easy to get agricultural loans if there is a guarantor at present. Moreover, in order to reduce the difficulty of applying for loans, several farmers can be pulled together to apply, that is, farmers can jointly guarantee loans.

The basic conditions for farmers to apply are:

1. 18 years old but under 60 years old, has a fixed residence in the countryside, is in good health, has full capacity for civil conduct and labor, and holds valid identity documents;

2 is the head of the rural family or other family members designated by the head in writing;

3. Engaged in agricultural production and operation such as agriculture, forestry, animal husbandry and fishery or non-agricultural production and operation activities such as industry, commerce, construction, transportation and service industry;

4. Other conditions required by the bank. Generally speaking, the credit period of farmers does not exceed 1 year, and the longest is not more than 3 years. The quota for farmers is 30,000-50,000 yuan.

Three, the provisions of the bank for personal loans

Legal subjectivity: What are the types of personal loans of banks? 1. Personal housing loan 1. Personal housing commercial loan. Personal housing commercial loan is a self-operated loan issued by bank credit funds, which refers to a commercial housing loan that a natural person with full civil capacity applies to the bank for repayment of the loan with the purchased property housing as collateral. 2. Personal housing provident fund loans Personal housing provident fund loans are entrusted loans issued by policy housing provident fund, which refers to the housing provident fund loans that employees who pay housing provident fund apply to the bank as a loan repayment guarantee when they buy, build, renovate or overhaul their own houses in cities and towns in this city. 3. Personal housing portfolio loan A borrower who meets the requirements for personal housing commercial loans can apply for personal housing provident fund loans from the bank while paying the housing provident fund, that is, the borrower can apply for personal housing provident fund loans and personal housing commercial loans from the bank with the purchased urban self-occupied housing as collateral. Second, personal automobile consumption loans Third, personal durable consumer goods loans Fourth, personal consumption loans Fifth, personal micro-credit loans Personal micro-credit loans are RMB credit loans issued by banks or other financial institutions to borrowers with good credit standing without guarantee. Based on personal credit and repayment ability, the loan amount will generally not exceed 1-200,000, and the loan term is1-2 years. Now several commercial banks have started this business one after another. Zhongan Xinye is the largest microfinance institution in China, with many branches all over the country and good reputation. 6. Non-residential mortgage loan 1, installment loan 2, one-time repayment loan 3, credit card loan: credit card refers to any card, disk and other tools that can be used to borrow money at any time or repeatedly or purchase goods and services in the form of credit.

4. metonymy regulations?

Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations.

These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.

Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing.

If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination, and rejected it.

Article 3 Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and the place of performance of the contract cannot be determined according to the relevant provisions of the contract or trading habits, the place of performance of the contract shall be the place where the party receiving the money is located.

Article 4 Where the guarantor provides joint liability guarantee for the borrower and the lender is only the borrower, the people's court may not add the guarantor as a co-defendant; If the lender is only a guarantor, the people may add the borrower as a co-defendant.

The guarantor provides a general guarantee for the borrower, and if the lender is only the guarantor, the borrower shall be added as a co-defendant; If the lender is only the borrower, the people's court may not add a guarantor as a co-defendant.

Article 5 If a people's court finds that private lending itself is suspected of illegal fund-raising and other crimes after filing a case, it shall make a ruling to reject it and transfer the clues and materials suspected of illegal fund-raising and other crimes to the public security or procuratorial organs.

If the public security and procuratorial organs refuse to file a case, or the investigation ends and the case is dismissed, or the procuratorial organs make a decision, or the people's effective judgment determines that it does not constitute a crime such as illegal fund-raising, and the parties bring a lawsuit to the people with the same fact, the people shall accept it.

Article 6 If clues and materials related to private lending cases but not the same facts are found after the case is filed, the private lending cases shall continue to be tried, and the clues and materials suspected of illegal fund-raising and other crimes shall be transferred to public security and procuratorial organs.

Article 7 The basic facts of a private lending case must be based on the trial results of a criminal case. If the criminal case has not been concluded, the people's court shall make a ruling to suspend the proceedings.

Article 8 If the borrower is suspected of committing a crime or is found guilty by an effective judgment, and the lender requests the guarantor to bear civil liability, the people's court shall accept it.

Article 9 A loan contract between natural persons shall be deemed to be established under any of the following circumstances:

(1) Pay in cash from the date when the borrower receives the loan;

(2) If the payment is made by bank transfer or online electronic remittance, it shall be counted from the time when the funds reach the borrower's account;

(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;

(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;

(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.

Article 10 The people shall support private lending contracts concluded between legal persons and unincorporated organizations or between legal persons and unincorporated organizations for the needs of production and operation, if the parties claim that they are valid, except for the cases stipulated in Articles 146, 153 and 154 of the Civil Law and Article 13 of these Provisions.

Article 11 A legal person or an unincorporated organization raises funds from employees in the form of loans for the production and operation of its own unit, and there are no circumstances stipulated in Articles 144, 146, 153 and 154 of the Civil Code and Article 13 of these Provisions. If the parties claim that the private lending contract is valid, the people should support it.

Article 12 If the borrower or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract may not be invalid. The people's court shall, in accordance with the provisions of Articles 144, 146, 153 and 154 of the Civil Code and Article 13 of these Provisions, determine the validity of the private loan contract.

If the guarantor claims not to bear civil liability on the grounds that the borrower's or lender's lending behavior is suspected of committing a crime or is found to constitute a crime by an effective judgment, the people's court shall determine the civil liability of the guarantor according to the effectiveness of the private lending contract and the guarantee contract and the degree of fault of the parties.

Thirteenth in any of the following circumstances, the private loan contract shall be deemed invalid:

(a) Obtaining loans from financial institutions for lending;

(2) Lending money from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing funds from public deposits;

(3) Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;

(four) the lender knows or should have known in advance that the borrower's loan is used for illegal and criminal activities, but still provides loans;

(5) Violating the mandatory provisions of laws and administrative regulations;

(6) Violating public order and good customs.

Article 14 If the plaintiff files a private lending lawsuit based on the creditor's rights certificates such as IOUs, receipts and IOUs, and the defendant files a defense or counterclaim based on the basic legal relationship, and provides evidence to prove that the creditor's rights are not caused by private lending, the people's court shall try the case according to the basic legal relationship on the basis of finding out the facts of the case.

The provisions of the preceding paragraph shall not apply to the creditor-debtor agreement reached by the parties through mediation, reconciliation or liquidation.

Article 15 If the plaintiff files a private lending lawsuit only on the basis of debt vouchers such as IOUs, receipts and IOUs, and the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the existence of the loan relationship.

If the borrowing behavior defended by the defendant does not actually occur and can be reasonably explained, the people should comprehensively judge and verify whether the borrowing fact has occurred in combination with the facts and factors such as the amount of borrowing, the delivery of money, the economic ability of the parties, the local or inter-party trading methods, trading habits, changes in the property of the parties, witness testimony, etc.

Article 16 The plaintiff only brings a private lending lawsuit based on the transfer voucher of a financial institution, and the defendant argues that the transfer is to repay the previous loans or other debts of both parties, and the defendant shall provide evidence to prove his claim. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship.

Article 17 According to the second paragraph of Article 174 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), if the plaintiff who bears the burden of proof refuses to appear in court without justifiable reasons, and the main facts of the case, such as the loan behavior, loan amount and payment method, cannot be confirmed by reviewing the existing evidence, the people's court will not recognize the facts claimed by the plaintiff.

Article 18 If a people's court finds any of the following circumstances in the trial of a private lending case, it shall strictly examine the reasons, time, place, source of funds, mode of delivery, whereabouts of funds, relationship between borrowers and lenders, economic situation and other facts, and comprehensively judge whether it is a false civil lawsuit:

(a) the lender obviously does not have the ability to lend;

(2) The facts and reasons relied on by the lender are obviously unreasonable;

(3) The lender is unable to submit the creditor's rights certificate or the creditor's rights certificate submitted may be forged;

(four) both parties have participated in private lending litigation for many times within a certain period of time;

(five) the parties refused to appear in court without justifiable reasons, and the entrusted agent made unclear or inconsistent statements about the loan facts;

(six) the parties have no dispute about the occurrence of the loan fact or the defense is obviously unreasonable;

(seven) the borrower's spouse or partner, other creditors outside the case raised factual objections;

(8) Under other circumstances, the parties transfer the property at a low price;

(nine) the parties give up their rights improperly;

(10) Other circumstances in which there may be false private lending litigation.

Article 19 If it is found to be a false private lending lawsuit and the plaintiff applies to withdraw the lawsuit, the people's court will not allow it, and the request will be rejected in accordance with the provisions of Article 112 of the Civil Procedure Law.

Participants in litigation or others who maliciously manufacture or participate in false litigation shall be fined and detained in accordance with the provisions of Articles 111, 112 and 113 of the Civil Procedure Law; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility.

If a unit maliciously manufactures or participates in false litigation, the people shall impose a fine on the unit, and may impose a fine or detention on its principal responsible person or the person directly responsible; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility.

Article 20 If another person signs or seals the creditor's rights certificate or loan contract, such as IOUs, receipts and IOUs, but fails to indicate that he is the guarantor or assumes the guarantee responsibility, or cannot be presumed as the guarantor through other facts, and the lender requests him to assume the guarantee responsibility, the people will not support it.

Article 21 Lenders and borrowers form a loan relationship through the online loan platform. The provider of the online lending platform only provides media services, and the parties require it to bear the guarantee responsibility, and the people will not support it.

If the online loan platform provider explicitly provides guarantee for the loan through the media such as web pages and advertisements, or there is other evidence to prove that the lender requests the online loan platform provider to assume the guarantee responsibility, the people should support it.

Article 22 If the legal representative of a legal person or the person-in-charge of an unincorporated organization signs a private loan contract with the lender in the name of the unit, and there is evidence that the loan belongs to the legal representative or the person-in-charge for personal use, and the lender requests that the legal representative or the person-in-charge be listed as a co-defendant or a third party, the people will allow it.

The legal representative of a legal person or the person in charge of an unincorporated organization concludes a private loan contract with the lender in the name of an individual, and the loan is used for the production and operation of the unit. If the lender requests the unit and the individual to share the responsibility, the people shall support it.

Article 23 If the parties enter into a private lending contract with a sales contract as a guarantee, and the borrower fails to repay the loan after maturity, and the lender requests to perform the sales contract, the people's court shall try it according to the legal relationship of private lending. If the parties change their claims according to the court session, the people's court shall allow it.

After the judgment made in accordance with the legal relationship of private lending becomes effective, if the borrower fails to perform the monetary debt determined by the effective judgment, the lender may apply for auction of the subject matter of the sales contract to pay off the debt. The borrower or lender has the right to demand the return or compensation of the difference between the auction proceeds and the repayable loan principal and interest.

Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people will not support it.

The interest agreement between natural persons is not clear, and if the lender advocates paying interest, the people will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people shall determine the interest according to the contents of the private loan contract and the local or the parties' trading methods, trading habits, market quotation and other factors.

Article 25 If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate in the one-year loan market at the time of the establishment of the contract.

The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.

Article 26. The loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the actual amount lent shall be the principal.

Article 27 After the borrower and the borrower settle the loan principal and interest in the early stage, the interest shall be included in the loan principal in the later stage, and the creditor's rights certificate shall be reissued. If the interest rate in the early stage does not exceed four times the market quotation of the one-year loan when the contract is established, the amount specified in the reissued creditor's rights certificate can be confirmed as the loan principal in the later stage. The overcharged interest shall not be used as the loan principal in the future.

According to the calculation in the preceding paragraph, if the sum of the principal and interest payable by the borrower after the expiration of the loan term exceeds the sum of the interest of the whole loan term based on the initial loan principal and calculated at four times the quoted interest rate of one-year loan at the time of the establishment of the contract, the people will not support it.

Article 28 If the borrower and the lender have an agreement on overdue interest rate, such agreement shall prevail, but it shall not exceed four times the market interest rate of one-year loan at the time of the establishment of this Contract.

If the overdue interest rate is not agreed or clearly agreed, the people can deal with it according to different situations:

(a) there is no agreed interest rate during the loan period, and there is no agreed overdue interest rate. The people should support the lender to claim that the borrower shall bear the liability for breach of contract for overdue repayment from the date of overdue repayment with reference to the interest calculated by the interest rate standard listed in the one-year loan market at that time;

(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, and the lender advocates that the borrower should pay the interest during the period of capital occupation according to the interest rate during the loan period from the date of overdue repayment, the people should support it.

Article 29 The lender and the borrower have agreed on overdue interest rate, liquidated damages or other expenses. Lenders can choose to claim overdue interest, liquidated damages or other expenses, or both, but the people will not support the part that exceeds the quoted interest rate of the one-year loan market at the time of the establishment of the contract.

Article 30 The borrower may repay the loan in advance, unless otherwise agreed by the parties.

If the borrower repays the loan in advance and advocates calculating the interest according to the actual loan period, the people should support it.

Thirty-first after the implementation of these Provisions, these Provisions shall apply to the new cases of private lending accepted by the people's courts of first instance.