关于外商投资电力项目的若干规定 Foreign Investment in Power Projects Several Provisions

clear and complete.

　　PART FOUR　PURCHASE OF EQUIPMENT AND FOREIGN EXCHANGE

　　Article 18　Foreign investment power projects should in general put purchase of their main equipment to tender in accordance with the principles of advanced technical and economic standards， safety reliability and reasonable price.

　　The State shall encourage the use of domestically-produced equipment.

　　Purchase of equipment within China should be carried out in accordance with the relevant provisions on the invitation and submission of tenders for power project equipment. Purchase of equipment internationally should be carried out in accordance with the relevant provisions on international tender for purchase of foreign investment power project equipment.

　　Article 19　Balance of foreign exchange for the project shall be done in accordance with the relevant State provisions on foreign exchange control.

　　All circumstances being equal， the State shall give preference to the approval of projects which settle accounts in Renminbi.

　　PART FIVE　PRICE AND QUANTITY OF ELECTRICITY ENTERING THE GRID

　　Article 20　The price of electricity entering the grid from power projects utilizing foreign investment shall be set in accordance with the PRC， Electric Power Law and other relevant laws and regulations.

　　The price set for electricity entering the grid should be in accord with the principles of rational recompense for costs， rational setting of profits， legal tax payments and fair burden， and should encourage a higher standard of project management， control of project cost and a lowering of production costs.

　　Article 21　The price of electricity entering the grid can be structured on the two systems of capacity price and electricity price. Capacity price shall reflect the capacity cost and electricity price shall reflect the electricity cost. Electricity price should adopt a pricing for both peak and trough times.

　　Article 22　The price of electricity entering the grid shall， be in line with the principles for examination and approval stipulated in the PRC， Electric Power Law， be repo

rted for examination and approval to the authorities in charge once the project company and the grid operating enterprise have discussed and proposed a plan.

　　Article 23　The annual average number of utilization hours for thermal power station equipment shall be set by the grid operating enterprise in the area in which the station is located on the basis of the estimated future load on the area grid. This shall form the basis of the project feasibility study and the quantity of electricity purchased.

　　The annual average number of utilization hours for hydroelectric and nuclear power station （or plant） equipment should be set in accordance with the specific circumstances of the project and the area.

　　PART SIX　CONTRACTS AND THEIR MAIN CONTENT

　　Article 24　All parties involved in foreign investment power projects should sign a Sino-foreign equity or co-operative joint venture contract in accordance with the method of investment. The project company should sign with the relevant legal person legal documents related to the project such as electricity purchase contracts， construction contracting contracts， loan contracts， management agreements， fuel supply contracts and operation maintenance contracts.

　　Wholly foreign-owned power projects and BOT projects should abide by the preceding paragraph.

　　The Chinese partner in equity and co-operative joint venture projects must not undertake by itself to guarantee the return on the foreign partner's investment.

　　Article 25　Power equity joint venture contracts should contain， but are not limited to， the following contents：

　　1. aim， scope and scale of the joint venture；

　　2. total investment， the registered capital and the amount of funds contributed by each equity partner plus the method of provision and the plan for raising funds；

　　3. purchase of equipment；

　　4. purchase and sale of electricity， method of accounts settlement and currency to be used；

　　5. method of distributing profits；

　　6. arrangements for balancing foreign exchange；

　　7. construction （including auxiliary project construction given out by power stations） and construction period， including handling of early or delayed project completion；

　　8. operation maintenance and fuel purchase and sale； and

　　9. co-operation term and handling of assets upon completion of the term.

　　Article 26　Power co-operative joint venture contracts should contain， but are not limited to， the following contents：

　　1. aim， scope and scale of the co-operative joint venture；

　　2. registered capital and conditions on co-operation；

　　3. responsibilities of each party；

　　4. purchase of equipment；

　　5. purchase and sale of electricity， method of accounts settlement， and the currency to be used；

　　6. construction （including auxiliary project construction given out by power stations） and construction period， including handling of early or delayed project completion；

　　7. operation maintenance and fuel purchase and sale；

　　8. distribution of profits and sharing of loss and risk （expenses）；

　　9. arrangements for balancing foreign exchange； and

　　10. co-operation term， termination and accounts settlement （or transfer）。

　　Article 27　Electricity purchase contracts should contain， but are not limited to， the following contents：

　　1. prerequisite conditions （including parallel grid technical conditions， power station auxiliary projects etc）；

　　2. amount and voltage of electricity entering the grid；

　　3. electricity price， power rate computation， method and currency used to settle accounts；

　　4. electricity generating plan， over and under-generation of electricity；

　　5. management and administration； and

　　6. handling of counter-transmission of electricity and accidents.

　　Article 28　

Management and administration agreements should contain， but are not limited to， the following contents：

　　1. parallel grid technology conditions；

　　2. the power station's preparations for peak regulation， frequency regulation， voltage regulation and accidents； technical capability， daily load pattern and peak regulation capacity； and monthly generation plan；

　　3. inspection and repair plan and energy measurement；

　　4. scope of management and administration；

　　5. parallel grid points and disconnection points；

　　6. electricity grid safety measures and handling of accidents；

　　7. basis， standard and payment method of charges； and

　　8. personnel training， assessment and authentication.

　　Article 29　Operation maintenance contracts should contain， but are not limited to， the following contents：

　　1. scope and content of operation maintenance；

　　2. operation regulations and operation standards；

　　3. annual operation and maintenance plan；

　　4. cost of operation maintenance， charges for operation maintenance， and method of accounts settlement and currency to be used；

　　5. accidents handling， inspection and repairs；

　　6. staff training； and

　　7. rights and obligations of the appointee and the appointor.

　　Article 30　Fuel purchase and sale contracts should contain， but are not limited to， the following contents：

　　1. type of fuel， unit， quantity and quality of measurement， and coal quality analysis requirements；

　　2. annual purchase and sale plan；

　　3. price， method of accounts settlement and method of payment；

　　4. method of transport and responsibility for risk； and

　　5. checking and accepting.

　　Article 31　The principle clauses in loan contracts and construction contracting contracts shall be in accordance with the relevant national regulations and with international practice.

　　Co-operative companies must select a suitably qualified Chinese power construction enterprise through tender to build power projects.

　　PART SEVEN　CONTRACT LAW AND RESOLUTION OF DISPUTES

　　Article 32　The laws of the People's Republic of China shall apply to foreign investment power project contracts.

　　Disputes should in the first instance be resolved through discussion between the parties concerned. If this proves unsuccessful then arbitration or ligitatiion stipulated in the contract can be selected.

　　Article 33　If any foreign investors or Chinese economic organizations or individuals refuse to accept as final specific administrative actions by Chinese administrative authorities， they can in accordance with the Administrative Litigation Law and the Administrative Review Regulations apply to the immediately superior authority for an administrative review or initiate administrative ligitation in the people's court which has jurisdiction.

　　PART EIGHT　SUPERVISION AND ADMINISTRATION

　　Article 34　The project legal person work unit should provide the relevant department in charge with accurate and timely information on the project loan agreements signed， the way the project is being implemented， the progress chart， loans and repayment of capital and interest etc.

　　Article 35　The Ministry of Power Industry shall supervise， investigate and co-ordinate progress on projects and shall assess them once they are completed.

　　PART NINE　SUPPLEMENTARY

　　Article 36　Other Chinese laws， regulations and provisions shall apply in th

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/