外债管理暂行办法 Administration of Foreign Debts Tentative Procedures

国家发展计划委员会、财政部、国家外汇管理局令第28号

（Promulgated jointly by the State Development Planning Commission， the Ministry of Finance and the State Administration of Foreign Exchange on 8 January 2003 and effective as of 1 March 2003.）

颁布日期：20030108 　实施日期：20030301 　颁布单位：国家发展计划委员会、 财政部、 国家外汇管理局

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures have been formulated in order to strengthen the administration of foreign debts， regulate the acts of borrowing foreign debts， enhance the benefit of utilization of foreign debt funds， and guarding against the risk from foreign debts.

　　Article 2　For the purposes of these Procedures， the term “foreign debts” shall refer to the debts denominated in foreign currencies for which domestic institutions are liable to non-residents.

　　Article 3　For the purposes of these Procedures， the term “domestic institutions” shall refer to permanent organizations established within China according to law， including but not limited to government authorities， domestic financial institutions， enterprises， institutions and social organizations.

　　Article 4　For the purposes of these Procedures， the term “non-residents” shall refer to institutions and natural persons outside China， and their non-permanent organizations established within China according to law.

　　Article 5　Based on the types of debts， foreign debts shall be classified into loans from foreign governments， loans from international financial institutions and international commercial loans.

　　1. Loans from foreign governments refer to the official credits borrowed by the Chinese government from foreign governments；

　　2. Loans from international financial organizations refer to non-commercial credits borrowed by the Chinese government from the World Bank， Asian Development Bank， Agricultural Development Foundation of the United Nations and other international and regional financial institutions；

　　3. International commercial loans refer to the commercial credits borrowed by domestic institutions from non-residents， including：

　　（1） loans from banks and other financial institutions outside China；

　　（2） loans from enterprises， other institutions and natural persons outside China；

　　（3） medium and long-term bonds （including convertible bonds） and short-term bonds （including commercial paper， large-denomination transferable certificates of deposit， etc.） issued outside China；

　　（4） buyer's credit， deferred payments and other forms of trade financing；

　　（5） international lease financing；

　　（6） foreign currency deposits of non-residents；

　　（7） debts repaid with spot exchange in compensation trade； and

　　（8） other kinds of international commercial loans.

　　Article 6　Based on repayment liability， foreign debts shall be classified into sovereign foreign debts and non-sovereign foreign debts.

　　1. Sovereign foreign debts refer to the foreign debts borrowed by institutions authorized by the State Council on behalf of the State， where repayment is guaranteed by State credit.

　　2. Non-sovereign foreign debts refer to foreign debts other than sovereign foreign debts.

　　Article 7　For the purposes of these Procedures， the term “provision of security to foreign entities” shall refer to security provided by domestic institutions to non-residents in the form of guarantee， mortgage or pledge in accordance with the PRC， Security Law.

　　Potential repayment obligations to foreign entities arising from provision of security to foreign entities shall be contingent foreign debts.

　　Article 8　The State shall implement unified administration on various types of foreign debts and contingent foreign debts. Borrowing of foreign debts， provision of security to foreign entities， and the utilization and repayment of foreign debt funds shall com

ply with the provisions of the relevant laws and regulations of the State and these Procedures.

　　Article 9　The State Development Planning Commission， the Ministry of Finance and the State Administration of Foreign Exchange shall be the administrative departments of foreign debt.

　　PART TWO　BORROWING OF FOREIGN DEBTS AND PROVISION OF SECURITY TO FOREIGN ENTITIES

　　Article 10　The State Development Planning Commission shall， in conjunction with relevant departments， formulate the State planning on borrowing of foreign debts and reasonably determine the total amount of all foreign debts and target of structural regulation， according to the needs of the national economy and social development， the balance of international payment position and capability of bearing for foreign debts.

　　Article 11　The State shall implement categorized administration on borrowing of foreign debts based on the type of foreign debt， repayment liability and the nature of the debtor.

　　Article 12　Loans from international financial organizations and foreign governments shall be taken out by the State from outside uniformly.

　　The State Development Planning Commission shall， in conjunction with the Ministry of Finance and other relevant departments， formulate the plan on proposed projects for loans from the World Bank， Asian Development Bank， Agricultural Development Foundation of the United Nations and foreign governments. The Ministry of Finance shall， in accordance with the plan， organize external negotiations and discussions， sign loan agreements and on-lend the loans to domestic debtors directly or through relevant financial institutions. Among them， the plan on proposed projects for loans from the World Bank， Asian Development Bank， Agricultural Development Foundation of the United Nations and foreign government of key countries shall be approved by the State Council.

　　Article 13　The issuance of bonds abroad by the Ministry of Finance on behalf of the State shall be reported to the State Council by the Ministry of Finance for examination and approval， and shall be incorporated in the State planning on borrowing of foreign debts. The issuance of medium- and long-term bonds abroad by other domestic institutions shall be reported to the State Council for examination and approval upon examination and verification by the State Development Planning Commission in conjunction with the State Administration of Foreign Exchange. The issuance of short-term bonds abroad shall be examined and approved by the State Administration of Foreign Exchange， of which issuance on a rolling basis shall be examined and approved by the State Administration of Foreign Exchange in conjunction with the State Development Planning Commission.

　　Article 14　The State shall implement administration of balance of the taking out of medium- and long-term international commercial loans by State-owned commercial banks. The balance shall be reported to the State Council for examination and approval upon examination and verification by the State Development Planning Commission in conjunction with the relevant departments.

　　Article 15　The taking out of medium- and long-term international commercial loans by institutions such as domestic Chinese-invested enterprises shall be approved by the State Development Planning Commission.

　　Article 16　The State shall implement administration of balance on the taking out of short-term international commercial loans by domestic Chinese-invested institutions. The balance shall be verified by the State Administration of Foreign Exchange.

　　Article 17　The State shall implement control over the total amount of foreign debts borrowed by domestic foreign-invested financial institutions. Specific procedures in this regard shall be formulated separately.

　　Article 18　The sum of the cumulative amount of medium- and long-term foreign debts and the balance of short-term

foreign debts borrowed by foreign-invested enterprises shall be controlled within the difference between the total amount of investment for the project as approved by the examination and approval authority and the registered capital.

　　Foreign-invested enterprises may borrow foreign debts on their own within the scope of the said difference. If it exceeds the difference， the total amount of investment for the project shall be verified by the original examination and approval authority anew.

　　Article 19　Domestic institutions that provide security to foreign entities shall comply with the laws and regulations of the State and the relevant provisions of the foreign exchange control authorities.

　　Article 20　Domestic institutions may not provide security for foreign institutions of a non-business nature.

　　Article 21　No government authorities， social organizations or institutions may borrow foreign debts or provide security to foreign entities without the approval of the State Council.

　　Article 22　After signing loan contracts or security contracts with foreign entities， domestic institutions shall handle registration procedures with the foreign exchange control authorities according to the relevant provisions. Contracts of international commercial loan or security contracts shall become effective only upon registration.

　　PART THREE　UTILIZATION OF FOREIGN DEBT FUNDS

　　Article 23　Foreign debt funds shall mainly be used for economic development and structural adjustment of the balance of foreign debts.

　　Article 24　Utilization of medium- and long-term foreign preferential loans such as loans from internati

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/