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

s and unit price of main equipment and materials；

　　6. Conclusion of economic analysis and financial review； and

　　7. Responsibilities of loan repayment and guarantee， source of repayment funds and repayment plan.

　　Article 16 Following materials should be attached to application report for project funds：

　　1. Project approval document （approval document for project feasibility report， approval document for project application report or project record document）。

　　2. The loan projects of international financial organizations and Japan Bank for International Cooperation （JBIC） should provide the project evaluation report made by foreign loan organs.

　　3. When competent industrial department of the State Council puts forward the application report for project funds， if the project needs local government to arrange counterpart funding and undertake responsibility of loan repayment or provide loan guarantee， the comments of provincial development and reformation department and related departments should be provided. And

　　4. Foreign loan projects applying for selective purchasing should provide the comparison report of requirements of foreign loan， proportion of internal and external purchase and the price of the equipment.

　　Article 17 Development and reformation department of the State Council approves the application report for project funds according to following requirements：

　　1. Accord with national policy of utilizing foreign loan and the regulations of using it；

　　2. Accord with rules of foreign loan selective project；

　　3. The project has gone through the formalities of approval， verification or record in accordance with rules；

　　4. The responsibility of foreign loan repayment and guarantee is clear. Source of fund repayment and repayment plan have been implemented； and

　　5. Foreign loan organs have made preliminary promise of project loan.

　　Article 18 After the application report for project funds have been approved， if there are something changes in the content of the project construction， amount of loan and pur

pose of using loan， the adjustment plan should be reported to development and reformation department of the State Council for approval in accordance with the procedures stipulated in Article 13 of these Measures.

　　Article 19 The approval documents of the State Council and development and reformation department of the State Council on project feasibility report or funds application report are the basis of negotiating， concluding contract with foreign countries， and handling effective formality of loan conversion， foreign loan registration， bidding purchase and duty free formalities at home.

　　Article 20 To the projects that feasibility report or funds application report have not been examined and approved by the State Council and development and reformation department of the State Council， related departments and organizations must not conclude loan convention， agreement and contract with foreign countries， the departments of foreign exchange management， taxation， customs and the banks do not handle relevant formalities for them.

　　Article 21 Within 2 years from the approval day of the application report for project funds， if the project has not concluded the agreement of foreign loan conversion， the approval document loses efficacy automatically.

　　Chapter IV Management of Project Execution

　　Article 22 Development and reformation department of the State Council and provincial development and reformation departments guide and coordinate the execution of the projects， supervise bidding activities.

　　Article 23 If foreign loan project has remaining money， funds-using organizations should handle remaining money cancellation formalities in time， work out plan of using remaining money and report it to development and reformation department of the State Council in accordance with the procedures stipulated in Article 13 of these Measures.

　　If the remaining money is still used to perfect original project construction， plan of using it should be worked out according to the requirements of project funds application report and reported to development and reformation department of the State Council for approval in accordance with the procedures stipulated in Article 13 of these Measures.

　　Article 24 Loan conversion organs responsible for foreign loan conversion should convert foreign loan of the project in accordance with the approval documents of the State Council and development and reformation department of the State Council on project feasibility report or funds application report and report the information of foreign loan payment and repayment to development and reformation department of the State Council by the end of June and December every year.

　　As for the project that foreign loan is repaid or repayment guarantee is provided by the governments at all levels， loan conversion organs should convert the loan in accordance with the loan requirements provided by loan organizations in principle. If above requirements of project loan conversion are readjusted for the purpose of avoiding foreign loan risks， loan conversion organs should seek for the agreement of the development and reformation department of the State Council in advance.

　　Article 25 Project funds using organizations should perform the responsibility of foreign loan repayment in accordance with laws， register foreign loan in time， improve the management of debt risks of foreign loan. Project funds-using organizations should establish project information feedback system and submit project process report to development and reformation department that approved the project at the end of June and December every year.

　　Article 26 Development and reformation department of the State Council should supervise and examine the execution of the project and provincial development and reformation departments' approval and management of the project， and put forward comments on how to deal with th

e un-raveled problems.

　　Article 27 In order to assure funds repayment and avoid evading debt， funds-using organizations that have not repaid all foreign loan should obtain the written approval of loan conversion organs to arrange the repayment of surplus debt in advance， perform loan repayment responsibility and report related result in writing to development and reformation department of the State Council.

　　Chapter V Supplementary Articles

　　Article 28 Provincial development and reformation departments should formulate corresponding management measures in accordance with the provisions of these Measures.

　　Article 29 The interpretation of these Measures is vested in NDRC.

　　Article 30 These Measures come into effect as of March 1， 2005. The provisions and other normative documents about management of foreign loan investment project before these Measures that are not consistent with these Measures should take these Measures as criterion

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/