国际金融组织和外国政府贷款投资项目管理暂行办法 Decree of National Development and Reform Commission of the Peoples Republic

国家发展和改革委员会第28号

颁布日期：20050228 　实施日期：20050301 　颁布单位：国家发展和改革委员会

　　No. 28

　　Temporary Measures on Management of Loan Investment Project of International Financial Organizations and Foreign Governments were adopted by director's working meeting of National Development and Reform Commission （NDRC） and are hereby promulgated. These Measures are implemented as of March 1， 2005.

　　Minister of NDRC： Ma Kai

　　February 28， 2005

　　Temporary Measures on Management of Loan Investment Project of International Financial Organizations and Foreign Governments

　　Chapter I General Principles

　　Article 1 For the purposes of enhancing the management of loan investment project of international financial organizations and foreign governments （hereinafter referred to as “foreign loan”）， increasing efficacy of using foreign loan， these Measures are formulated in accordance with Decision of the State Council About Investment System Reformation.

　　Article 2 These Measures apply to the management of loan borrowed from International Bank， Asian Development Bank， International Agricultural Development Foundation and other international financial organizations， foreign governments' loan， grant used together with loan， joint financing and other investment project.

　　Article 3 All domestic enterprises， organs and organizations may apply for borrowing foreign loan.

　　Article 4 If foreign loan is subject to foreign debt of state sovereignty， it should be managed according to government invested funds. Foreign loan is mainly used to public good and public basic construction， protecting and improving ecological environment and promoting economic and social development of un-developed areas.

　　Chapter II Plan of foreign loan selective project

　　Article 5 Plan of foreign loan selective project is the basis of the project to carry out works with foreign countries. The foreign loan-borrowing project must be brought into line with the plan of foreign loan selective project.

　　To the projects that are not brought into line with foreign loan selective project， all departments of the State Council， local governments at all levels and project funds-using organizations must not make formal loan application to international financial organizations or foreign governments and other foreign loan organs.

　　Article 6 Development and Reformation department of the State Council should work out plan of foreign loan selective project in accordance with plans of national economy and social development， industrial policy， foreign debt management and the principles and requirements of using foreign loan.

　　Plans of loan selective projects of International Bank， Asian Development Bank and Japanese government's Japanese yen should be put forward by development and reformation department of the State Council and reported to the State Council for approval after development and reformation department of the State Council's consultation with financial department of the State Council.

　　Article 7 Competent industrial department of the State Council， provincial development and reformation departments， enterprise groups specifically designated in the state plan and enterprises under central government apply for selective projects that are brought into the line with foreign loan.

　　If the counterpart funding of the projects applied for by competent industrial department of the State Council is arranged by local government， and responsibility of loan repayment is undertaken and loan assuring is provided by local government， the comments of provincial development and reformation departments and relevant departments should be provided.

　　Article 8 The materials that apply for selective projects brought into the line with foreign loan plan include following information：

　　1. Brief description of the project

；

　　2. The necessity of the project construction；

　　3. The categories and countries of borrowing foreign loan that is planed to apply for；

　　4. Amount and purpose of the loan； and

　　5. Responsibility of loan repayment.

　　Article 9 If the projects that have been brought into the line with the selective project plan of international financial organizations' loan and the loan of Japanese yen of Japanese government need to be adjusted in source of loan or cancel the loan， the adjusted content should be reported to development and reformation department of the State Council in accordance with the procedures stipulated in Article 7 of these Measures.

　　As for the projects that are brought into line with other loan selective project plans of foreign government， if it needs to adjust the source of loan， the adjusted content should be reported for approval in the period of examination and approval of application report for project funds.

　　Article 10 If the projects that were approved originally to use other funds plan to apply for using foreign loan， or the projects that have been approved to use foreign loan plan to apply for other funds， they should be reported to development and reformation department of the State Council in accordance with the procedures stipulated in Article 7 of these Measures.

　　Article 11 Development and reformation department of the State Council and provincial development and reformation departments take part in related works about the projects with foreign countries， guide and urge the implementation of foreign loan plan and annual contracted project plan.

　　Article 12 The projects brought into line with selective project plan of foreign loan should go through the formalities of examination， approval， verification or record in the light of different conditions：

　　1. The projects that the Central government borrows and repays loan centrally should be managed as Central Government's direct investment project. Project suggestion and feasibility report should be approved by development and reformation department of the State Council or submitted to the State Council after the examination by development and reformation department of the State Council.

　　2. The projects that the loan is provided and repaid by provincial governments should be managed as provincial governments' direct investment projects. The power of examination and approval of the projects is performed in accordance with relevant regulations of the State Council and the development and reformation department of the State Council. Except the projects that should be reported to the State Council and development and reformation department of the State Council for approval， all feasibility reports of other projects should be examined and approved by provincial development and reformation departments and the power of examination and approval must not be transferred to the lower levels.

　　3. The projects that the loan is repaid by funds-using organizations themselves and not be guaranteed by the government should be managed according to Catalogue of Investment Projects Approved by the Government： As for all projects listed in Catalogue of Investment Projects Approved by the Government， their project application reports should be approved separately by provincial development and reformation departments， development and reformation department of the State Council or reported to the State Council for approval after examination of the development and reformation department of the State Council. The projects that are not subject to Catalogue of Investment Projects Approved by the Government should be submitted to the project located provincial development and reformation department for record

　　Chapter III Application report for project funds

　　Article 13 After the projects are brought into line with foreign loan selective project plan and the for

malities of approval， verification or record are finished， project funds-using organizations should make an application report for project funds to their located provincial development and reformation department.

　　Application report for project funds should be reported to development and reformation departments of the State Council for approval after preliminary examination of provincial development and reformation departments.

　　Application reports for project funds of competent industrial department of the State Council， enterprise groups specifically designated in the state plan and the enterprises under Central Government are reported directly to development and reformation department of the State Council for approval.

　　Article 14 Project feasibility report approved by the State Council and development and reformation department of the State Council should include project funds application， and project funds application report is not approved separately.

　　Article 15 Project funds application report should include following information：

　　1. Brief survey of the project， including the scope and content of the project construction， total investment， capital funds， foreign loan and other funds， project proprietor， project executing organ and term of the project construction；

　　2. Source and requirements of foreign loan， including foreign loan organs or countries， repayment term， grace period， interest， commitment fee and etc；

　　3. Project progress in working with foreign countries；

　　4. Scope of using the loan， including funds arrangement of loan in civil engineering， equipment， materials， consultation and training；

　　5. Complete purchasing list and purchasing ways of equipment and materials， including specifications， quantitie

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