Chinanews.com, January 30. According to the website of the China Banking and Insurance Regulatory Commission, on January 29, 2021, the Shanghai Banking and Insurance Regulatory Bureau issued the "Notice of Shanghai Banking and Insurance Regulatory Bureau on Further Strengthening the Administration of Personal Housing Credit". Commercial banks within the jurisdiction put forward requirements for the implementation of differentiated housing credit policies, housing credit management, etc. The main contents include real estate loan concentration management, down payment source of funds and solvency review, borrower qualification review and credit management, and personal housing loans Issue management, management of the use of credit funds, business cooperation management of real estate intermediaries, risk investigation, etc.
In the next step, the Shanghai Banking and Insurance Regulatory Bureau will conduct special inspections on the implementation of real estate policies and self-inspections of commercial banks within its jurisdiction, and will take regulatory measures in accordance with the law on violations of laws and regulations discovered to promote the stable operation of the housing finance business of commercial banks in Shanghai and Shanghai The real estate market developed steadily and healthily.
Notice of Shanghai Banking and Insurance Regulatory Bureau on Further Strengthening the Administration of Personal Housing Credit
Shanghai Banking Insurance Regulatory Commission (2021) No. 6
In Shanghai, all Chinese and foreign corporate banks, Chinese bank branches, rural banks, foreign and Hong Kong, Macao and Taiwan regional bank branches, and foreign corporate bank branches:
In order to further implement the "Opinions on Promoting the Stable and Healthy Development of the Real Estate Market in this Municipality" (Hu Jianfang Guanlian [2021] No. 48), in accordance with the overall requirements for strict implementation of the real estate market regulation policy and prevention and control of personal housing credit risks, we will continue now The notice regarding the management of personal housing credit is as follows.
1. All commercial banks must strictly implement the state's work requirements of "policies for each city" and "one city, one policy" for real estate market regulation, adhere to the positioning of "houses are for living, not for speculation", and strictly implement real estate loans Various regulatory requirements for business, strict implementation of differentiated housing credit policies, strict review of personal housing loan minimum down payment ratio, debt service income ratio, loan restriction and other requirements.
2. Strictly implement the concentration management of real estate loans.
Chinese-funded local corporate banks should strengthen the proportion of real estate loans in accordance with the relevant requirements of the "Notice of the People's Bank of China and China Banking and Insurance Regulatory Commission on Establishing a Management System for the Concentration of Real Estate Loans in Banking Financial Institutions" (Yinfa [2020] No. 322) , Management of the proportion of personal housing loans.
Relevant corporate banks whose real estate loan concentration exceeds the requirements should strengthen their business adjustments during the transition period.
3. Strictly review the source of down payment funds and solvency.
Improve investigation and review methods in accordance with the "know your customers principle".
Strengthen the verification requirements for the authenticity of down payment funds to prevent borrowers from illegally obtaining personal housing loan down payment funds through consumer loans, business loans and other channels, or obtain bank loans by forging down payment vouchers.
Carefully evaluate the borrower’s willingness and ability to repay, strictly control the ratio of monthly mortgage expenditure to income and all monthly debt expenditure to income of the borrower’s housing loan, verify the real income level of the borrower through multiple channels, and prevent the passage of false records and false certificates And other frauds inflate debt solvency.
4. Strictly strengthen the qualification review and credit management of borrowers.
In accordance with the requirements of the city’s housing purchase restriction policy, effective measures shall be taken to strengthen the review of borrowers, especially couples and divorced borrowers, to prevent borrowers from evading purchase restrictions, loan restrictions and other behaviors that may bring real estate credit risk management to commercial banks. influences.
Make full use of various credit investigation and information sharing platforms to inquire about the credit information of the borrower, and strictly review and approve personal housing loans based on the credit status of the borrower.
It is necessary to improve the restraint mechanism, strengthen the management of individual housing loan contracts, add corresponding binding clauses to the contract, restrain all kinds of dishonest behaviors, and fully remind the borrower.
Those who apply for personal housing loans by illegally obtaining down payment funds, fraudulent acts, etc., shall reject their mortgage applications, put them on a blacklist, and submit them to this Municipality’s public credit information service platform as information on untrustworthy conduct.
5. Strictly manage the issuance of personal housing loans.
Effectively implement the relevant requirements of the "Notice of the People's Bank of China and China Banking Regulatory Commission on Strengthening the Management of Commercial Real Estate Credit" (Yin Jian Fa [2007] No. 359), focusing on supporting borrowers to purchase loans for the first small and medium-sized owner-occupied housing Demand, and can only issue housing loans to individuals who purchase housing with a capped main structure.
Commercial houses purchased with loans should be houses that have been completed and accepted.
6. Effectively strengthen the management of the use of credit funds.
Attaches great importance to the control of the use of credit funds, and strengthens use warnings.
It is prohibited to issue loans with no purpose, false purpose, or doubtful purpose.
Prevent the illegal misappropriation of credit funds such as consumer loans and operating loans in the real estate sector.
Prevent borrowers or entrusted payment objects from evading use management through various methods such as unconventional large-value cash withdrawals and intermediary transition funds.
Improve the monitoring and interception mechanism of the use of credit funds, expand the scope of model monitoring, and improve the monitoring effect.
Substantive control measures shall be taken in a timely manner for behaviors that are confirmed to be in violation of regulations.
7. Strictly manage the business cooperation of real estate agencies.
Strictly carry out the qualification review of real estate agency cooperation, implement business cooperation access and list management, and establish post-loan quality monitoring and agency withdrawal mechanisms.
For real estate intermediaries that are found to provide down payment support for home buyers and cooperate with "packaging companies" to assist in forging loan qualification certificates and income certificates, they should immediately terminate the cooperation, blacklist them, and report to the Shanghai Banking Association .
8. Fully carry out risk investigation.
All commercial banks shall, in accordance with the requirements of the notice, improve the internal control system and strengthen the monitoring, analysis and evaluation of the real estate market and real estate financial risks.
Conduct a comprehensive self-inspection of consumer loans, business loans and personal housing loans issued since June 2020, and submit a self-inspection and rectification report to the Shanghai Banking and Insurance Regulatory Bureau before February 28, 2021.
The report should include the organization's development, the content of the inspection, the main problems found and the reasons for the problems, etc.; the rectification plan should include the timetable, responsible department, responsible personnel, rectification measures and goals, etc.
If violations of regulations are found, they shall be found in the mechanism, and rectification shall be carried out immediately, and the relevant responsible persons shall be held accountable seriously.
If the borrower violates the contract, it shall be punished in accordance with the contract.
The Shanghai Banking and Insurance Regulatory Bureau will conduct special inspections on the implementation of real estate policies and self-inspections of commercial banks, and will take regulatory measures in accordance with the law when problems are found.
Hereby inform.
January 29, 2021
The person in charge of the relevant department of the Shanghai Banking and Insurance Regulatory Bureau answered the reporter's question on the "Notice on Further Strengthening the Administration of Personal Housing Credit"
In order to conscientiously implement the positioning requirements of the Central Committee of the Party and the State Council on "no real estate speculation", strictly implement the 2021 working meeting of the China Banking and Insurance Regulatory Commission and Shanghai’s "Opinions on Promoting the Stable and Healthy Development of the City’s Real Estate Market" (Shanghai Construction Housing Management Association [2021 [] No. 48) document spirit, on January 29, 2021, Shanghai Banking and Insurance Regulatory Bureau issued the "Notice of Shanghai Banking and Insurance Regulatory Bureau on Further Strengthening the Administration of Personal Housing Credit" (Shanghai Bank Insurance Regulatory Pass [2021] No. 6, below (Referred to as the "Notice"), the heads of relevant departments of the Shanghai Banking and Insurance Regulatory Bureau answered reporters' questions on the "Notice".
1. What is the background of the "Notice"?
In December 2020, the Central Economic Work Conference proposed to "solve the outstanding problems of housing in big cities" and reiterated the positioning of insisting that houses are used for living and not for speculation.
On January 21, 2021, multiple departments of Shanghai jointly issued the "Opinions on Promoting the Stable and Healthy Development of the City’s Real Estate Market" (Shanghai Jianfang Guanlian [2021] No. 48, hereinafter referred to as "Circular 48"), proposing to promote Shanghai Ten work measures for the steady and healthy development of the city’s real estate market.
On January 26, 2021, the China Banking and Insurance Regulatory Commission's working meeting put forward the relevant requirements of "strictly implementing the real estate loan concentration management system and key real estate enterprise financing management regulations".
The Shanghai Banking and Insurance Regulatory Bureau has always been conscientiously implementing the positioning requirements of the Party Central Committee and the State Council on "housing and housing not speculating", and taking effective measures to promote the stable and healthy development of the Shanghai real estate market in accordance with the work arrangements of the Banking and Insurance Regulatory Commission and the Shanghai Municipal Party Committee and Municipal Government. .
The issuance of the "Notice" aims to further strictly implement the requirements of the recent work conferences of the China Banking and Insurance Regulatory Commission and the spirit of relevant documents of Shanghai, supervise banks in their jurisdiction to strictly implement the real estate market control policies and prevent and control personal housing credit risks.
2. What is the main content of the "Notice"?
The "Notice" issued this time requires commercial banks within the jurisdiction to focus on the following aspects.
First, strictly implement various regulatory requirements for real estate loan business, strictly implement differentiated housing credit policies, and strictly review the minimum down payment ratio, debt service income ratio, and loan restrictions on personal housing loans.
The second is to strictly implement the concentration management of real estate loans, and strengthen the management of the proportion of real estate loans and the proportion of personal housing loans. This requirement is mainly for Chinese-funded corporate banks within the jurisdiction.
For the relevant legal person banks whose real estate loan concentration exceeds the requirements, they will strengthen their business adjustments during the transition period.
The third is to strictly review the source and solvency of the down payment funds, strengthen the requirements for the authenticity of the down payment funds, and carefully evaluate the borrowers' willingness and ability to repay.
The fourth is to strictly strengthen the qualification review and credit management of borrowers, and take effective measures to strengthen the qualification review of borrowers, especially couples who are divorced, to purchase houses in accordance with the requirements of the city’s housing purchase restrictions.
At the same time, strengthen the management of individual housing loan contracts and strengthen restrictions on various dishonest behaviors.
The fifth is to strictly manage the issuance of personal housing loans, focusing on supporting borrowers' loan requirements for purchasing the first small and medium-sized self-occupied housing, and only grant housing loans to individuals who purchase housing with a capped main structure.
The sixth is to effectively strengthen the management of the use of credit funds and strengthen the use of warnings.
Prevent the illegal misappropriation of credit funds such as consumer loans and operating loans in the real estate sector.
Improve the monitoring and interception mechanism for the use of credit funds.
Seventh, strictly manage the business cooperation of real estate agencies.
Implement business cooperation access and list management, establish post-loan quality monitoring and intermediary exit mechanisms.
For real estate intermediaries that are found to provide down payment support to home buyers, and cooperate with "packaging companies" to assist in forging loan qualifications and income certificates, etc., the real estate agency shall immediately terminate the cooperation, blacklist them, and report to the Shanghai Banking Association.
Eighth, immediately carry out risk investigation, further improve the internal control system, and strengthen the monitoring, analysis and evaluation of the real estate market and real estate financial risks.
3. In the next step, what measures will the Shanghai Banking and Insurance Regulatory Bureau take to ensure the effective implementation of the "Notice"?
On January 28, 2021, the Shanghai Banking and Insurance Regulatory Bureau has convened a special meeting on personal housing loans with commercial banks within its jurisdiction, emphasizing the relevant requirements for personal housing credit management.
In the next step, the Shanghai Banking and Insurance Regulatory Bureau will carry out special inspections of real estate loan business based on the implementation of the bank's real estate policy and self-inspection, and will take regulatory measures in accordance with the law to promote the steady operation of the Shanghai Commercial Bank's housing finance business.
At the same time, continue to increase the monitoring and analysis of the operation of real estate credit in Shanghai, and continue to urge commercial banks within its jurisdiction to strictly implement the state’s work requirements for the regulation and control of the real estate market of “policies for each city” and “one city, one policy”. We will strictly implement the real estate market regulation policy and promote the stable and healthy development of the real estate market in Shanghai.