(January 8, 2003 the State Development Planning Commission, Ministry of finance, State administration of foreign exchange announced, 28th) Chapter I General provisions article to strengthen the management of external debt, regulate borrowing behavior, improve the efficiency of Fund utilization of external debt, preventing debt risk, these measures are formulated.
    Referred to in article "external debt", refers to the foreign debt expressed in foreign currency to non-residents.
    This article referred to "domestic institution" refers to legally established permanent institutions in China, including, but not limited to, government agencies, financial institutions, businesses, public institutions and social organizations.
    Fourth article this way, the term "non-resident" refers to outside institutions, natural persons and non-standing body established by law in China.
    Fifth article in accordance with the type of debt, external debt into foreign government loans, loans from international financial organizations and international commercial loans. (A) foreign government loans, and refers to the Chinese Government to foreign borrowing by the Government's official credit; (b) loans from international financial organizations, refers to the Chinese Government to the World Bank, the Asian Development Bank, the United Nations Fund for agricultural development and other international and regional financial institutions to borrow non-commercial credit, (iii) international commercial loans refers to the non resident borrowed by domestic institutions commercial credit.
    Including: 1, and to outside Bank and other financial institutions borrowing; 2, and to outside enterprise, and other institutions and natural borrowing; 3, and outside issued medium-and long-term bonds (containing can conversion bonds) and short-term bonds (containing commercial notes, and large can transfer CDs,); 4, and buyer credit, and extension payment and other form of trade financing; 5, and international financing rental; 6, and non-residents foreign currency deposits; 7, and compensation used cash reimbursement of debt; 8, and other type international commercial loan.
    The sixth article in accordance with the Division of responsibility for external debt external debt is divided into sovereign and non-sovereign debt.
    (A) sovereign debt, representatives of countries to borrow is authorized by the State Council, to State credit guarantees to foreign debt.
    (B) the non-sovereign debt refers to other debt except for sovereign debt.
    Seventh article this way, the term "external security" refers to domestic institutions in accordance with the People's Republic of China Law of guarantee, pledge, hypothecation or pledge the guarantees provided to non-residents.
    Guarantee the formation of potential external repayment obligations or debt. The eighth State-full aperture against various types of external debt and external debt management.
    Borrowing, external security, external debt funding and reimbursement shall be in accordance with the provisions of relevant State laws and regulations and these rules.
    Nineth State Development Planning Commission, Ministry of finance and the State administration of foreign exchange is foreign debt management sector.
    Chapter II foreign borrowing and guaranty to the tenth national development plan Committee in conjunction with the departments concerned in accordance with national economic and social development, as well as the balance of payments and external debt sustainability, development of national plan of borrowing foreign debt to determine the amount and structure of foreign debts in full aperture control objectives.
    11th State according to the type of external debt, shall repay the responsibility and property of the debtor, classification management of borrowing.
    12th international financial organizations and foreign government loans in unison by the country's foreign borrowing. State Development Planning Commission in conjunction with the Ministry of finance and other relevant Department of the World Bank, the Asian Development Bank, the United Nations Fund for agricultural development and alternative project planning of foreign government loans, according to the plan of the Ministry of external negotiations, consultations, signing the loan agreement and on domestic debtors, either directly or through the relevant financial institution lending.
    Among them, the World Bank, the Asian Development Bank, the United Nations Fund for agricultural development and key country foreign loan alternative project plans must be approved by the State Council. 13th finance on behalf of the State bonds issued overseas by the Treasury to the State Council for approval, and incorporated into the national plan of borrowing foreign debt.
    Any other domestic institutions in foreign bonds issued by the State Development Planning Commission in conjunction with the State administration of foreign exchange review and approval by the State; in foreign short-term bonds issued by the State administration of foreign exchange approval, which set the scrolling issue, approved by the State administration of foreign exchange in conjunction with the State Development Planning Commission.
    14th national mid-long term international commercial loans for State-owned commercial banks to borrow the balance management, balance after examination by the State Development Planning Commission, together with relevant departments reported to the State Council for examination and approval.
    15th domestic-funded enterprises mid-long term international commercial loans borrowed from, among others, must be approved by the State Development Planning Commission.
    The 16th State to borrow short term international commercial loans in Chinese institutions balance management, approved by the State administration of Foreign Exchange balances.
    The 17th State to exercise total control over foreign financial institutions in borrowing, specific measures separately.
    Today 18th medium and long-term foreign debt borrowed by foreign investment enterprises and the short-term debt of approval approval of the and should be controlled in the project total investment and registered capital of less than the difference between. Balance within the enterprises with foreign investment may, on their own borrowing.
    Out of balance, again subject to the original examination and approval departments approved projects total investment.
    19th a domestic guarantees overseas by institutions should comply with national laws and regulations and the relevant provisions of the administration of foreign exchange.
    20th domestic enterprises must not be a non-business nature of foreign agencies to provide security.
    The 21st without the approval of the State Council, Government organs, social organizations and institutions may not be borrowed or guaranty. 22nd foreign entities signed a loan contract or guarantee contract, should be based on the relevant provisions of the Foreign Exchange Management Department for registration.
    International business loan or guarantee contract shall be registered in the loan contract can only enter into force.
    Chapter III foreign debt funds use the 23rd foreign debt funds shall be mainly used for economic development and structural adjustment in the stock of external debt.
    24th international financial organizations and foreign government loans to medium-and long-term foreign loans focus on basic and public construction projects, and to the Central and Western areas.
    25th article focused on medium-and long-term international commercial loans for the introduction of advanced technology and equipment, as well as the adjustment of industrial structure and the structure of foreign debt. 26th funds through medium-and long-term debt in domestic enterprise shall be in strict accordance with the approved uses of fair use may not be diverted to any other use.
    Absolutely necessary to change the use of shall, in accordance with the original procedures for approval.
    27th domestic enterprises to borrow short-term foreign debt funds mainly for working capital may not be used for investment in fixed assets and other long-term purposes.
    28th out of debt funds, fixed-asset investment projects should carry out the responsibility system of project Corporation, by project legal person responsible for the foreign debt capital use efficiency.
    According to the People's Republic of China bidding law and foreign loan institutions of relevant provisions need to be bid, should be strictly in accordance with the regulations.
    29th foreign debt management is responsible for fund management and supervision of the use of foreign loans.
    30th State Development Planning Commission in accordance with the provisions of the State measures for the inspection of major construction projects, to use foreign debt funds send special inspection of major national construction projects, the implementation of the project and the use of funds for inspection. Fourth chapter external debt servicing 31st sovereign debt and risk management in unison by the country's external repayment.
    Sovereign debt funding from the Ministry of finance directly or through a financial institution lending to domestic debtors, the domestic debtor shall assume responsibility for finance or lending financial institutions.
    Article 32nd non-sovereign debt at your own risk, and reimbursement by the debtor.
    Article 33rd can use their own foreign exchange funds of the debtor to repay foreign debt, may also be approved by the administration of foreign exchange with renminbi foreign exchange debt.
    Article 34th unpayable external debt of the debtor, guarantor, guarantor should be responsible for the repayment.
    35th guarantor in accordance with the contract of guarantee require fulfilment of external compensation obligations, should be approved to the Foreign Exchange Management Department for external security compliance procedures.
    36th debtors should be strengthening risk management of foreign debt, adjust and optimize the structure of debt.
    Without expanding the existing scale of the premise, approved by the State Development Planning Commission, the debtor can borrow low-cost foreign debts, pay off high-cost debt, such as, reduce the cost of foreign debt, optimize the structure of debt, which relates to sovereign debt, subject to Treasury approval.
    The 37th article protects the debtor for the purpose of safe-haven, principal financial institutions with relevant qualifications of foreign debt using financial instruments to avoid exchange rate and interest rate risks.
    Fifth chapter regulation article 38th of external debt external debt management in accordance with national laws, regulations and the relevant provisions of this approach, on the external debt and external security regulations.
    39th foreign debt management performance of supervisory duties, and related units the right to require the debtor to provide relevant information, check the respective accounts and assets.
    Institutions in the 40th when borrowing or guarantee, approval procedures that are not complied with or is not complying with the provisions for registration, signed the loan contract or guaranteed contracts are not legally binding.
    41st is not embodied by the loan contract or guaranteed contracts, but in essence constitute external repayment obligations or potential foreign reimbursement of foreign loans or guarantees of obligations shall be in accordance with the approach into the supervision of external debt.
    42nd ban violates the principle of benefit-sharing, risk-sharing, and to ensure that foreign direct investment with fixed returns, such as borrowing in disguise.
    Article 43rd without external debt management Department, overseas Chinese-funded enterprises shall not itself bear the debt risk and debt liability transferred to the territory.
    The 44th financial institutions handling foreign exchange businesses opened in foreign exchange, debt accounts, and when dealing with foreign exchange transactions, found to have breached the act as provided herein, shall promptly report to the management of external debt, and support external debt management Department for investigation.
    Article 45th departments shall master the dynamics of external debt external debt management, external debt monitoring and early-warning mechanism of establishing and perfecting the whole aperture.
    46th State administration of foreign exchange is responsible for statistics and supervision of external debt and external debt statistics data are published on a regular basis. 47th domestic institutional breach of borrowing or guarantee as provided herein, by its competent departments directly in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    Constitute a crime, criminal responsibility shall be investigated according to law. Functionary of 48th external debt management, abuse of authority or neglect their duties, shall be given administrative sanctions by their departments.
    Constitute a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles the 49th of domestic enterprises to Hong Kong, Macau S.A.R. and Taiwan areas of the body to borrow debt guarantees or, mutatis mutandis, this approach to management.
    50th departments shall, in accordance with the measures for the management of external debt, to develop and improve the relevant implementing rules.
    51st this approach by the State Development Planning Commission, Ministry of finance and the State administration of foreign exchange is responsible for the interpretation.
                                                                                                    52nd these measures shall come into force on March 1, 2003.