Order Of The National Development And Reform Commission Of The People'S Republic Of China

No. twenty-eighth (Interim Measures for the management of loan investment projects of international financial organizations and foreign governments)

general provisions

The first is to strengthen international financial organizations and foreign countries.

Second borrowing from the world bank, the Asian Development Bank and international agricultural development.

Third domestic enterprises, institutions and organizations may apply for borrowing foreign loans.

The fourth foreign loans belong to the sovereign debt of the state and are invested in accordance with government investment funds.

The second chapter is about foreign loan project planning.

The fifth foreign loan alternative project planning is the basis for the project's external development.

Projects borrowed from foreign loans must be included in the planning of foreign loans.

If the project is not included in the project of foreign loan option projects, the relevant departments of the State Council, local governments at all levels and the units that use the project may not formally apply for loan applications to foreign financial institutions such as international financial organizations or foreign governments.

Sixth the Department of development and Reform under the State Council shall, in accordance with the principles and requirements of the national economic and social development plan, industrial policies, foreign debt management and foreign loans, compile plans for foreign loan options projects, and formulate and issue annual project contract plans accordingly.

The plan of the world bank, the Asian Development Bank loan and the Japanese government's Japanese yen loan alternative project is put forward by the State Council Development and reform department, and the Finance Department of the State Council is submitted to the State Council for approval later.

Seventh the competent departments of industry under the State Council, the provincial development and reform departments, the planned single enterprise groups and the central management enterprises shall declare to the State Council Development and reform department the optional items that are included in the foreign loan planning.

The projects declared by the competent departments of the State Council shall be issued by the provincial development and reform departments and relevant departments at the same time by the local governments to arrange matching funds, undertake the loan repayment responsibility or provide loan guarantees.

The eighth items to be included in the foreign loan project are listed below.

(1) summary of the project;

(two) the necessity of project construction;

(three) the category or country to be applied for borrowing foreign loans;

(four) loan amount and purpose;

(five) liability for repayment of loans.

The ninth item has been included in the projects of the international finance organization loan and the Japanese government's Japanese yen loan project. If we need to adjust the loan source or revoke the loan, we should report the adjustment content to the development and Reform Department of the State Council in accordance with the procedures stipulated in the seventh regulation of the present measures.

In addition, if the need to adjust the sources of loans should be adjusted, the content of the adjustment should be submitted for approval at the approval stage of the project capital application report.

Tenth projects originally approved for the use of other funds are intended to apply for the pfer of foreign loans, or projects that have approved the use of foreign loans to apply for the pfer of other funds shall be reported to the Department of development and Reform under the State Council in accordance with the procedures stipulated in article seventh of these measures.

Eleventh State Council Development and reform departments and provincial development and reform departments are involved in the relevant external work of the project, guiding and supervising the implementation of the foreign loan plan and the annual project signing plan.

The twelfth item that should be included in the planning of foreign loan alternative projects should perform the procedures of examination and approval, approval or filing according to different situations.

(1) according to the projects of the Central Commission for borrowing and reunification, it will be managed according to the direct investment projects of the central government. Its project proposal and feasibility study report will be examined and approved by the State Council's development and reform department and submitted to the State Council for examination and approval.

(two) the provincial government is responsible for repaying or providing repayment guarantee projects, which are managed according to the provincial government's direct investment projects, and their project approval authority is implemented according to the relevant regulations of the State Council and the State Council's development and reform department.

In addition to the items approved by the State Council and the development and Reform Department of the State Council, the feasibility study reports of other projects shall be examined and approved by the provincial development and reform department, and the examination and approval authority shall not be decentralized.

(three) the projects which are reimbursement by the project user unit and do not require government guarantee shall be handled in accordance with the provisions of the approved catalogue of investment projects. The projects listed in the catalogue approved by the government shall be approved by the provincial development and reform department and the State Council Development and reform department, or be examined and approved by the State Council's development and reform department and submitted to the State Council for approval. The project approved by the government's approved investment project catalogue shall be submitted to the provincial development and reform department at the location where the project is located for the record.

The third chapter project capital application report

After the thirteenth projects are included in the planning of foreign loan alternative projects and the procedures for examination and approval, approval or archival filing are completed, the project funds unit shall submit the project capital application report to the local provincial development and reform department.

After the first trial of the provincial development and reform department, the project fund application report is submitted to the development and Reform Department of the State Council for examination and approval.

The application reports on project funds of the Department of the State Council, the individual enterprise groups and the central management enterprises are directly submitted to the development and Reform Department of the State Council for examination and approval.

Fourteenth feasibility study reports approved by the State Council and the development and Reform Department of the State Council. The feasibility study report should include the contents of the project capital application report, and no longer separately approve the project capital application report.

The fifteenth project capital application report shall have the following contents:

(1) the general situation of the project, including the scale and content of the project, total investment, capital, foreign loans and other funds, project owners, project executing agencies and project construction period;

(two) the sources and conditions of foreign loans, including foreign lending institutions or loan countries, repayment period, grace period, interest rate, commitment fee, etc.

(three) the progress of the project's external work;

(four) the scope of loans, including loans for civil construction, equipment, materials, consulting and training, etc.

(five) equipment and materials procurement list and procurement method, including major equipment and material specifications, quantity, unit price;

(six) economic analysis and financial evaluation conclusion;

(seven) loan repayment and guarantee responsibility, source of repayment fund and repayment plan.

The sixteenth project funding application report shall be attached to the following documents:

(1) project approval document (project feasibility study report approval document, project application report approval document or project record file).

(two) the international finance organization and the Japan International Cooperation Bank loan project, provide the evaluation report of the foreign loan agency to the project.

(three) when the industry department of the State Council puts forward the project capital application report, if the project requires local governments to arrange matching funds, undertake the loan repayment responsibility or provide loan guarantee, it shall issue the opinions of the provincial development and reform departments and relevant departments.

(four) to apply for foreign loans with restrictive procurement, the results of the comparison of foreign loan terms, domestic and foreign purchase ratios, and equipment prices will be issued.

Seventeenth the State Council's reform and development department approvals the application conditions for project funds:

(1) in line with the state's policies and regulations on the use of foreign loans;

(two) in line with foreign loan alternative project planning;

(three) the project has fulfilled the procedures of examination and approval, approval or filing.

(four) the responsibility for repayment and guarantee of foreign loans is clear, and the source of repayment funds and repayment plans are implemented.

(five) foreign lending institutions have made initial commitments to project loans.

After the approval of the eighteenth project capital application report, the contents of the project construction, loan amount and usage will be changed, and the adjustment plan shall be submitted to the development and Reform Department of the State Council for approval according to the procedures laid down in article thirteenth of these measures.

The nineteenth approval document issued by the State Council and the State Council Development and reform department to the project feasibility study report or capital application report is the basis for external negotiation, contract signing and internal loan pfer, foreign debt registration, tendering procurement and tax exemption formalities.

Twentieth items that have not been approved by the State Council and the State Council Development and reform department for feasibility study reports or capital application reports shall not sign loan agreements, agreements and contracts externally, and foreign exchange administration, taxation, customs and other departments and banks shall not handle relevant formalities.

In the twenty-first years from the date of approval of the project capital application report, if the project fails to sign a foreign loan pfer agreement, the approval document will automatically become invalid.

The fourth chapter is project implementation management.

Twenty-second State Council Development and reform departments, provincial development and reform departments to guide and coordinate project implementation, and supervise bidding activities.

When the twenty-third foreign loan projects appear the balance, the project units should timely cancel the relevant balance cancellation procedures, and report to the development and Reform Department of the State Council according to the procedures stipulated in the thirteenth provision of these measures.

If the balance is continued to be used for the improvement of the original project, the plan for making use of the surplus should be compiled according to the requirements of the project capital application report, and shall be submitted to the development and Reform Department of the State Council for approval according to the procedures stipulated in the thirteenth article of these measures.

The twenty-fourth lending agencies responsible for lending foreign loans should pfer loans to foreign loans of projects according to the approval documents issued by the State Council and the development and Reform Department of the State Council on project feasibility study reports or capital application reports, and submit the payment and repayment of foreign loans to the development and Reform Department of the State Council at the end of June and the end of December.

Governments at all levels are responsible for repaying foreign loans or providing repayment guarantees. The lending institutions should, in principle, lend money according to the loan conditions provided by the lender.

If the purpose of circumvention of external debt risk is to adjust the terms of the loan for the above projects, the lending institutions shall obtain the consent of the development and Reform Department of the State Council in advance.

The twenty-fifth project units should fulfill their liabilities for repayment of foreign loans in accordance with the law, register foreign debts in a timely manner, and strengthen the risk management of foreign loans and debts.

The project users should set up the project information feedback system, and submit the project progress report to the approved development and reform department at the end of June and the end of December.

Twenty-sixth the State Council Development and reform department shall supervise and inspect the implementation of the project and the approval and management of the project by the provincial development and reform department.

Twenty-seventh in order to ensure the repayment of foreign loans, to prevent the evasion of debts, and the units that have not yet paid all foreign loans, before obtaining the assets reorganization, alteration of property rights or bankruptcy application, they should obtain the written approval of the lending institutions for the remaining debt repayment arrangements in advance, and implement the loan repayment responsibility, and report the relevant results to the development and Reform Department of the State Council.

Fifth chapter supplementary provisions

The twenty-eighth provincial development and reform departments shall formulate corresponding management measures in accordance with the provisions of these measures.

The twenty-ninth way is to be explained by the national development and Reform Commission.

The thirtieth measures shall come into force on March 1, 2005.

Previous regulations and other normative documents governing the management of foreign loan investment projects, which are inconsistent with the present measures, shall be implemented in accordance with the provisions of these measures.