Administrative Measures On Loans From International Financial Organizations And Foreign Government Grants

Original Language Title: 国际金融组织和外国政府贷款赠款管理办法

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(Released July 3, 2006 the Ministry of finance, 38th come into force on September 1, 2006) Chapter I General provisions article in order to further regulate and strengthen the international financial organizations and foreign government loans, grants management, rational and effective use of funds, in accordance with relevant regulations of the State Council, these measures are formulated.
    Second loans from international financial organizations and foreign Governments (hereinafter referred to as the loan) as well as grants management procedures apply.
    Article III Ministry of finance is responsible for the management of loans, grants, is the unity of government debt management.
    Article fourth loan, grant of use shall conform to the national economic and social development strategies, reflect functions of public finance, promote economic society and coordinated development of urban and rural areas.
    Article fifth loan borrowed, used, reimbursement shall reflect the principle of unity of responsibility, to achieve debt sustainability and a virtuous circle, and effectively guard against and reduce debt risks. Sixth article this approach following terms of meaning: (a) loan, is refers to international financial organization loan and foreign government loan; (ii) international financial organization loan, is refers to Treasury by State approved representative national to World Bank, and Asia Development Bank, and international agricultural development fund, and European investment banking, international financial organization unified borrowed and formed Government external debt of loan, and and above loan match using of joint financing; (three) foreign government loan, is refers to Treasury by State approved representative national to foreign Government, and
    Nordic Investment Bank loans, borrow and form a unified Government external debt, the State Council approved the reference to management of foreign government loans other loans, as well as joint use with the loan financing and (iv) grants, the Ministry approved by the State Council or the Ministry of Finance on behalf of the State as the recipient accepts, not on the premise that used with the loan conditions of international grants.
    Second chapter management institutions and duties seventh article Treasury on loan, and grants implemented unified management, perform following work duties: (a) research determine loan, and grants of management principles, developed basic regulations; (ii) with State about sector research developed loan planning; (three) and manpower carried out loan, and grants of foreign work, and international financial organization and foreign Government, for consultations negotiations and signed legal file; (four) is responsible for loan, and grants of turned loan, and donation, and funds using, and reimbursement, and statistics, and monitoring,;
    (E) loans, grants for policy guidance, coordination and supervision of activities.
    Eighth place is the level of government loans in the financial sector credits and debts represent and administer loans, grants body, is responsible for the loan, grants management.
    Nineth Treasury direct lending, the donation of items to the relevant departments of the State Council and relevant departments under the State Council shall determine the Central executing agency, which is responsible for the Organization and implementation of the project.
    Tenth Ministry of direct loans, transfers to local governments across provinces, autonomous regions and municipalities directly under the joint project, needs to organize or coordinate the relevant departments under the State Council, relevant departments under the State Council shall determine the central project coordination body, which is responsible for the direction, organization and coordination of the project.
    11th loan projects of local government debt or accept the project, local governments should identify local project implementing agency, which is responsible for the Organization and implementation of the project.
    12th Central executing agency, the central project coordinator and local project implementing agencies, in business to accept guidance and supervision in the financial sector, the spending plans shall be submitted to the same level of financial departments for approval or for the record.
    Chapter III loans loans borrowed 13th borrowings including loan applications, evaluation and assessment, external consultations and negotiations, loan document signing and entry into force, lending and payment responsibility with relationships implemented and so on.
    14th place intends to use loans from international financial organizations should be left to provinces, autonomous regions, municipalities, separately listed cities, financial sector, and financial Bureau of Xinjiang production and construction Corps (hereinafter referred to as the provincial financial Department) on behalf of the Government to the Treasury loan applications. Intends to use loans from international financial organizations, relevant State Council departments and other agencies, shall submit a loan application to the Treasury Department.
    Where the debt assumed by the local, and letter of commitment shall be attached to the provincial financial department.
    Loan application includes the following main elements: (a) the purpose and necessity of loan, (ii) loan project content, and (iii) sources of loan funding and matching funds; (d) lending and debt repayment arrangement.
    15th finance loan application should be reviewed, according to article fourth and fifth of these measures provision and loan request, decide whether loans included in loans from international financial organizations for planning. 16th provincial financial departments has been included in the lending program of projects of international financial organizations should organize reviews and review submission to the Treasury Department. According to the submissions of the Ministry decide whether to arrange the external negotiations.
    Reviews include: (a) the debt burden and the financial capacity of the provincial government, (ii) the financial, economic and social benefits of the project and (c) unit and matching funds of the financial situation of the project implementation; (d) lending arrangement, the liability of repayment and sources of funding. 17th article according to different of repayment responsibility, foreign government loan project is divided into following three class: (a) provincial financial sector or State about sector as debtor and bear repayment responsibility of project; (ii) project units as debtor and bear repayment responsibility, provincial financial sector or State about sector provides repayment guarantee of project; (three) project units as debtor and bear repayment responsibility, turned loan institutions as foreign eventually repayment people of project.
    In this type of project, the provincial financial department or departments concerned under the State Council was neither as a debtor does not provide a default guarantee. 18th provincial financial departments using foreign government loans of project review should be organized.
    Accreditation matters shall be determined in accordance with the present article 16th. 19th provincial financial departments shall, in respect of the assessment meets the requirements, the proposed application projects using foreign government loans to the Treasury, and submit the following materials: (a) on the Government's debt burden with the debtor and (ii) applications for provincial financial departments to use foreign government loans.
    Loan application shall indicate the project a brief case, loans, project loans, loan amount, the debtor, the lending agencies, loan type and sources of funding, such as matching the situation, (iii) according to the lender's requirements to provide environmental impact assessment report and feasibility study report in English.
    Article 20th Ministry of provincial Finance Department after verification of the foreign government loan application materials should be based on the lender's development assistance policy requirements and commitments of funds, exclusively proposed an alternative project.
    21st must change the loan country foreign government loan programs and increasing the maximum loan amount, provincial financial departments shall apply in writing to the Ministry of finance and the Ministry of finance considered the lender requirements, needs and other circumstances of the project determined. 22nd Ministry of finance is responsible for qualifying loans with international financial organizations or foreign government loan consultations, negotiations, legal documents and apply for the commencement of signed loans.
    Other departments should assist the Ministry to do related work.
    Article 23rd Ministry responsible for foreign government loan projects commissioned or notify timely assessment and other related lending institutions lending procedures.
    24th foreign government loans of credit institutions should be in accordance with the relevant provisions and foreign financial institutions have signed loan documents, lending agreement with the debtor to ensure that external debt service and funding to advance.
    Fourth chapter loans using the 25th loans include loans purchase, loan funds, technical assistance and staff training, project progress monitoring and reporting.
    Project Unit shall, in accordance with national laws, regulations and provisions of loan documents, organize and implement projects.
    Article 26th loans from international financial organizations of local government debt, the country plans, matters such as choice of procurement planning, procurement agencies, it should be implemented after confirmation by the provincial financial department. Other loans from international financial organizations abroad plan should be implemented after approval by the Ministry.
    Procurement plans, the selection of procurement agencies shall be submitted to the Ministry of finance the record.
    Foreign government loan projects confirmed by the Ministry of audit, provincial financial departments shall, in accordance with the relevant provisions of the Treasury organization or to guide and supervise the project determine the procurement agency, and the results are reported to the Ministry of finance for the record.
    27th procurement agency should be based on the principal-agent agreements, as requested by the lender for foreign government loan programs to carry out the procurement process.
    28th the use of loan funds shall comply with the provisions of loan documents, no unit or individual shall not be false, impersonation or other means of obtaining credit funds shall not be retained for any reason and the form, intercept or appropriate funds or loan funds without changing the use of the loans.
    29th article provincial financial sector should strengthening on international financial organization loan project of management and supervision, about work matters main including: (a) organization developed loan project management system, on loan project of funds, and financial, and debt management work for guide and supervision; (ii) supervision loan funds, and supporting funds of implementation and using; according to Treasury of delegate is responsible for loan funds of paid and dedicated account management; is responsible for loan funds of debt segmentation and loan of debt coupon paid;
    (C) in conjunction with the other relevant guidance and monitoring of the credit purchasing and (iv) other project-related monitoring and management. Article 30th place, Central documents relating to loan unit shall, in accordance with the requirements of the project, respectively, by the provincial financial department or directly to the Treasury Department and lenders submit project progress reports, financial statements and audit reports.

    31st financial departments at all levels shall exercise supervision over and inspection of the implementation of the project, issues found, shall order the project to take effective measures, deadlines to be addressed and corrected.
    Article 32nd after completion of the project, shall promptly handle the budget needed for the completion of the project, a comprehensive assessment of the implementation and summarize, and prepared in accordance with relevant provisions, submit project completion report, capital transfers and registration procedures.
    Financial departments at all levels should guide and supervise the project Unit evaluation and summary of the project.
    Article 33rd loans before completion of the project, the project unit should promptly formulate future business plan of the project, monitor the practical operation of the project.
    In front of the loans, financial departments at all levels should be responsible for supervising the implementation of the business plan of the project check and timely understanding and analysis of the effectiveness of the project.
    34th international financial institution loans during project implementation, project unit shall, in accordance with the financial accounting system and specific project requirements for financial accounting management, an independent financial management and project accounting, establishing and perfecting internal financial accounting system.
    Fifth chapter after debt repayment 35th loan signing legal documents, lending institutions, as well as the debtor shall be registered in accordance with the relevant provisions of external debt external debt management procedures.
    36th debtor shall strictly comply with lending agreements, development of loan principal due, interests, commitment fees and other costs associated with the payment plan, repay in full and on time.
    37th international financial organizations shall, according to the Ministry of Finance of the debtor-related provisions of the loan program, loan debt, accounting and statistics, the timely preparation of the area, the unit complete and accurate debt and overall reporting and regularly submitted to higher authorities and local governments at the same level.
    Foreign government loans lending institutions should finance and the provincial financial Department to provide timely debt statistics and information.
    Article 38th shall, according to the Ministry of Finance of the debtor-related provisions to establish loan repayment provision, for use in repaying loans from international financial organizations and foreign government debt.
    At all levels of Government loan repayment reserve fund established and managed by the financial sector.
    39th financial departments at all levels should establish a Government external debt statistics, monitoring, early warning systems, prevent and resolve debt risks.
    40th debtor in accordance with the precautionary principle and establish a sound internal control mechanisms on the basis of, based on the provisions of laws and regulations using financial instruments hedge hedge. Debtor shall follow the principle of competition in the selection of trading partners, trading without loss of principal.
    After the close of trading, transaction-related documents should be the Ministry of Finance of the debtor record.
    41st project when it is completed, clear property rights and debtor-creditor relationship, preventing the loss of State assets and debt evasion.
    42nd debtors asset restructuring, Enterprise property right change or bankruptcy, shall first seek consent of lending institutions and the Ministry of finance agreed that lender's consent is also required, if necessary, and reached an agreement on the scheme of arrangement, guarantee to pay the external debt of the Government.
    Sixth chapter management article 43rd grants management including grants the preliminary work completed, use of funds, evaluation and summary, asset management, and so on.
    44th grants the preliminary work of the project include making grant applications, preparation of project proposals, consultations and negotiations, legal document signing and entry into force, the transfer of the establishment, and so on.
    Local financial departments should strengthen the regional grants work in early stage of coordination and management.
    Article 45th projects shall submit a grant application for applying for grants, and be accompanied by a project outline. Central Unit shall report directly to the Ministry of Finance of the project to apply for and submit a project outline, local project should adopt the provincial financial Department to the Ministry of finance to apply for and submit a project outline.
    Project summary includes: (a) background of the project, (ii) project objectives and (iii) project and (iv) the project budget (v) project sustainability and role model; (vi) project risk.
    Article 46th after the Ministry of finance grant of approval and project overview, the central unit shall report directly to the Ministry of Finance of the project submitted to the project recommendation, local projects by the provincial financial Department to submit project proposals to the Treasury.
    Contents of the project proposals include: (a) project objectives, (ii) the necessity and feasibility of the project, (iii) project activities; (iv) the project implementation plan and Organization; (e) the project budget (vi) project quality and risk control; (g) the application and promotion of project results; (h) monitoring and evaluation. 47th article of finance based on approved project proposals, responsible for consultations with international financial organizations or foreign government negotiations, legal documents and apply for the commencement of signed grants.
    Other departments should assist the Ministry to do related work.
    48th Treasury directly or entrust other institutions with national recipient signed the transfer agreement or the implementation agreement, regulating the rights and obligations of the parties, and in accordance with relevant regulations of the Ministry of 1% total grants will be charged user fees paid.
    Use of cofinancing grants and loans charged user fees paid in accordance with the provisions of the preceding paragraph.
    49th the use of grant funds shall comply with the grant documents provided by law, no unit or individual shall not be false, impersonation or other means of obtaining grant funds shall not be retained on any grounds and forms, intercept or appropriate grant funding or without altering the use of grant funds.
    50th article grants project units should established, and sound internal financial accounting supervision system; according to Treasury about grants project financial and accounting management of provides, on project for independent of financial management and accounting; according to grants legal file of requirements, developed project implementation plans, and organization project implementation, and handle completed accounts, and prepared submitted completed report; to financial sector and the grants party submitted project implementation situation report and audit report.
    51st grants before completion of the project, the Ministry of Finance shall, in accordance with the relevant national provisions and legal documents requires a clear grants of the formation of asset ownership and disposition.
    Grants form the assets of State-owned assets, the relevant units should be in accordance with the measures 41st article and other relevant provisions of the State to prevent the loss of State assets.
    The seventh chapter legal liability article 52nd project violates the provisions of this article 31st and fails to address and correct issues found in the supervision and inspection, the financial sector can be taken to suspend loan payments, require approval of the rebate payments, pause, go abroad and other measures.
    53rd project in violation of provisions of this article 34th, 50th, by rectification of the financial sector, and may, in accordance with national laws and regulations on accounting management for punishment.
    54th article debtor violation this approach 36th article provides, no on time full reimbursement loan project due principal, and interest, and commitment fee and the other related costs of, financial sector can take following measures: (a) charged funds occupied fee or penalty; (ii) suspended new loan project of prepared work; (three) suspended loan project abroad plans of approval and implementation; (four) suspended loan project of funds paid; (five) accelerated loan project not due debt of reimbursement;
    (Vi) budget debit or other means according to law collection.
    55th article violates these rules, by making false claim or any other loan funds fraudulently, or stranded, interception, misappropriation or other violation of the requirement to use loan funds, or from the benefit illegal loans are borrowed or guaranteed by the Government, in accordance with the financial illegal activities penalties and regulations as well as relevant laws and regulations.
    56th article in violation of the provisions of article 49th, by rectification of the financial sector, if the circumstances are serious, be warned, suspended suspended grant funding payments, and can take measures such as planning permission to go abroad.
    57th, project staff of competent authorities in the financial sector loans, grants management, funding and reimbursement process, corruption, abuse of power, dereliction of duty or engages, shall be given administrative sanctions.
    Eighth chapter supplementary articles article 58th relevant departments under the State Council, planned separate groups as well as the central project management enterprises intends to use foreign government loans, grants, in accordance with the measures implemented.
    59th lending institution can formulate specific measures for the implementation of the present measures.
                                                                                                                      60th these measures shall come into force on September 1, 2006.

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