Key Benefits:
(The 9th ordinary meeting of the People's Government of Chilin Province, 26 October 2005, considered the adoption of Decree No. 181 of the People's Government Order No. 181 of 1 November 2005 on 1 January 2006 for publication, effective 1 January 2006) Chapter I General Article 1 regulates the Government's debt borrowing, use, repayment or provision of security, prevents and distracts the Government's debt risk and makes good use of government debts to promote the development of the economy of the province, in accordance with relevant national laws, regulations and provisions. Article II refers to the Government's debts, which are to be borrowed or provided by the Government and its branches, units (i.e., guarantees provided under the Security Act and other relevant provisions) and, in exceptional cases, those subject to reimbursement by the Government. These include, inter alia, the external debt of the Government as a borrower or guarantor and the obligation to assume debt-servicing responsibilities, the transfer of State debt, earmarked borrowing, domestic financial institutions loans, policy bank accounts, financial misappropriation, corporate finances to be reimbursed or administered by the Government, corporate bonds paid or administered by the Government in exceptional cases, and other debts to be reimbursed, paid or managed by the Government. Article III applies to all levels of government and their respective departments, units borrowing, use, repayment of government debt or the provision of security and supervision of government debt. Article IV is the financial sector of the Government at all levels. The auditing authority conducts an audit of the current and lower-level Government obligations under the law. Article 2 Article 5 borrowing government debt or providing security shall be guided by the principle of weight, effectiveness, risk prevention and clear responsibility. The scale of Government obligations should be considered in an integrated manner to the needs of national economic development in the region and be tailored to the financial situation and affordability of the region. Governments and government debt management should support projects that can promote economic and social development that require borrowing or providing security. Article 7 above requires that sectors or units that borrow the Government's debt should apply to the current Government's debt management, with the approval of the post-appoint Government. The commune government and the sector or unit to borrow Government debts are subject to approval by the commune government debt management. All levels of government and the respective sectors are required to provide security and are subject to the procedures set out above. More than zonal units are required to provide security, with the approval of the current Government's debt management following the approval of the competent administrative authority. The debts or external guarantees granted by the top-level government debt management are required to be reported. Article 8. Article 9. Governments and their branches and units shall not violate the security law and the provisions of the relevant laws, regulations and regulations. Article 10. Sectors or units that apply for borrowing government debt shall provide the Government's debt management with the following information: (i) To borrow Government debt claims. The application shall contain matters such as the name, content, the amount of debt, the duration, interest rate, the project's accompanying funds, the implementation of debt-servicing responsibilities, such as debt financing and security, the impact on the financial budget, the ability to prevent and detract debt risk. (ii) Authorized project proposals and feasibility studies. (iii) Financial statements. (iv) Other relevant information requested by national provisions or government debt management. Article 11. Sectors or units requesting security shall provide the Government's debt management with the following information: (i) Provision of security applications. The application shall contain the name of the guarantor, creditor and debtor, the content of the security project, the amount of the secured obligation, the duration, interest rate, the amount of the debtor's accompanying funds, the payment of the funds of the debt, and the financial budget implications, the ability of the guarantor to protect and adapt the debt risk. (ii) Recommendations and feasibility studies on security projects. (iii) Security and debtor financial statements. (iv) Other relevant information requested by national provisions or government debt management. Article 12 When borrowing from sectors or units that borrow the Government's debt has been approved, the relevant matters, such as the implementation of the funds accompanying funds, should be implemented in accordance with the commitments and requests made by the original approval authority, which cannot be implemented, may withdraw the approval documents for borrowing government debts. Article 13 allows the Government and the Government's debt management to approve borrowing or providing security to meet the following requirements: (i) Implementation of projects consistent with national industrial policies; (ii) Implement projects that are urgently needed to build infrastructure; (iii) Project for the development of public goods such as education, science, culture, health and sports; (iv) Local governments consider that security should be borrowed or provided and in accordance with the Government's debts related to national policies. Article 14 provides for compliance with article 13 of this approach, but in one of the following cases, the Government and the Government's debt management do not authorize borrowing Government debt or providing security: (i) Reimbursement of funds and responsibilities for debt has not been implemented; (ii) Government debt borrowing or providing security is used for projects prohibited by national and provincial orders; (iii) More than financial sustainability can trigger debt risk. The review or approval of Government debt management shall be completed within 30 working days. Chapter III Use of Government debt funds Article 16 states or units that borrow the Government's debt should strictly use the Government's debt funds in accordance with the approved purposes without being diverted. There is a need to change the use, which should be reintroduced in the original process. Article 17 requires tendering and government procurement in accordance with the People's Republic of China bidding law, the Government of the People's Republic of China procurement law and the relevant provisions of the State. Article 18 projects using government debt funds should be implemented with the corporate responsibility of the project, which is responsible for the effectiveness of government debt funds. Article 19 projects using government debt funds should be launched on time and be completed during the planned period. Article 20 Departments or units using government debt funds should be financially financially and accounted for Government debt funds, subject to oversight by government debt management and audit agencies, and regularly reporting to the current Government debt management on project financial reports and on the use of government debt funds, as required. Special situations or problems encountered in the implementation of the project should be reported at any time. Article 21 below-level government debt management should regularly collate government debt borrowers, guarantees, use, reimbursements, etc. and report on the Government's debt management in a timely manner. The State also provides for the provision of the required reports. Sections or units using government debt funds are reported to the current Government debt management, the development reform sector, the audit body for the completion of the Government's debt-funding project within 30 days of the receipt of the eligible receipt of the Government's debt funds project. After the completion of the report, the audit body should conduct a comprehensive audit of the use of project funds. Chapter IV Reimbursement of Government obligations Article 23 provides for the use of sectors or units of government debt funds to ultimately debtors, and ultimately the debtor shall assume responsibility for debt servicing in accordance with the commitments made at the time of borrowing the Government's debt; ultimately, the legal representative of the debtor is the responsibility for the reimbursement of the Government's debt; and ultimately, the parent authority of the debtor is responsible for the supervision of the debt-servicing supervisory responsibilities and the responsibility for the reimbursement of Government's debt. Article 24, before a change in the legal representative of the final debtor, shall be carried out by the auditor in accordance with the law. The new statutory representative continued to assume responsibility for the eventual debtor's debt servicing. Article 25 Final debtors shall be subject to a copy of the borrowing contract to the current Government's debt management for a period of 30 days after the signing of the borrowing Government debt contract and accompanying the Government's payment plan. Article 26 Final debtors and associated responsibilities shall report to the current Government debt management at the beginning of each year on the implementation of the debt-repayment scheme, which is summarized by the Government's debt management to the top-level government debt management. Article 27, which was approved by the current Government, ultimately the debtor would need to pay the debt with financial funds, should be included in the financial budget budget and included in the sectoral budget. The following eighteen funds could be used as funds for repayment of Government obligations: (i) Post-commercial profits and depreciation; (ii) The sale of revenues obtained by State assets or rights of units; (iii) The corporate fundraising unit; (iv) Income from disposal of assets; (v) Debt-servicing funds or other earmarked funds for financial budget arrangements; (vi) Other income of the final debtor or other responsible person; (vii) Other income provided by law, regulations. Article 29 provides for the establishment of debt-servicing reserves at all levels. Specific sources of debt-servicing reserve: (i) Funding for financial budget arrangements; (ii) Specialized income for reimbursement of Government obligations; (iii) The Government's debt funds or lags that were recovered in advance; (iv) The proceeds of the transfer of State assets; (v) Other. Article 33 Final debtors cannot be reimbursed by the end-of-payment of government obligations, which is owed by the guarantor to the obligation to pay in accordance with the signed loan agreement. The securityers and the lender were entitled to seek compensation to the final debtor after reimbursing the debt. Article 31, with respect to the final debtors and associated responsibilities that cannot be reimbursed in a timely manner for the end of the Government's debt management has the right to deduct the funds that should be disbursed or otherwise to recover the debt due in accordance with the statutory procedures; to the sub-departmental debt management that cannot be reimbursed in a timely manner and does not fulfil the obligation to pay the debt, to the top-level government debt management has the right to deduct the return, transfer or other funds to the maximum of the debt owed in accordance with the borrowing contracts signed by the Authority. Chapter V Article 32 ultimately the debtor should be responsible for preventing and tackling the Government's debt risk. The responsibility for debt-servicing oversight rests with the ultimate responsibility for the prevention and treatment of the current level, the Government's debt risk. Article 33 Governments at all levels should establish government debt early warning mechanisms to establish effective preventive and curative measures and emergency scenarios based on Government debt risk and to report back-to-level government debt management cases. Article 34 of the Government's debt management at all levels should be actively financed and properly financed through the timely allocation of debt-servicing funds to be reimbursed by the financial sector and other funds such as payment of wages, maintenance of government operations, maintenance of social stability and national policy expenditure. Oversight of Government obligations Article XV of the Government's debt management and auditing agencies are monitoring the Government's debts in accordance with national laws, regulations and methods. The audit body shall conduct an audit of the borrowing, use, repayment or provision of security under national law. Article 36 shall be treated in accordance with the relevant national provisions for the final debtor, the responsible person and the Government's debt management that cannot be reimbursed in a timely manner. The borrowing, use, repayment or security of Government obligations should be included in the audit of leading economic responsibility, which is based on the archaeological leadership. The responsibility of the relevant leadership should be held to borrow the Government's debt or to provide security in violation of national legislation and the provisions of this approach, or to use and manage the Government's debt inappropriate, causing significant economic losses or having a serious impact on social stability; and to hold criminal responsibility under the law. Article 338 deals with violations of the provisions of this approach by the Government's debt management in accordance with the Financial Offences Punishment Regulations. Article 39 of the Government's debt management staff are one of the following acts, which should be criticized in accordance with the relevant provisions for education, administrative disposition, which constitutes a crime and are criminally prosecuted by law: (i) There was no delay in the process of reviewing and approving the Government's debt; (ii) Appreciation of the imprecise and apparent misconduct, resulting in loss of government debt funds; (iii) Inadequate treatment of Government debt risks, with serious consequences; (iv) Approval, approval of borrowing government debts and payment of government debt funds for receipt of property. Chapter VII Article 40 provides otherwise for government debt management (including loan or transfer agreements, contracts etc.) and is implemented in accordance with national provisions. Article 40. This approach is explained by the Ministry of Finance in Glin. Article 42 |
