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Article 1. The present Work Rules are formulated according to the relevant rules and bylaws of the National Development and Reform Commission on the administration of foreign governments' loans and in combination of the relevant policies for foreign governments to provide the relevant aids for development, for the purpose of further regulating the administration of foreign governments' loan projects and elevating the benefits from the utilization of foreign governments' loans. Article 2. The present Rules shall apply to the relevant preliminary administration of foreign governments' loan projects (except for the loan projects of the Japanese Government). Article 3. The Ministry of Finance shall take charge of announcing the information of foreign governments' loans in a timely manner, publicizing such information as the scale, field, loan conditions, procurement conditions of the official loans for development provided to China by foreign governments. Where a foreign party has any particular requirement, the Ministry of Finance shall notify the relevant department in a timely manner. Article 4. A project entity that plans to use any foreign government's loan shall file an application for incorporation into the planning of projects prepared for foreign governments' loans with the department of development and reform at the provincial level through the local department of development and reform, which shall be reported to the local department of public finance as well. The relevant departments of the State Council, central administration enterprises and enterprise groups under separate state planning (hereinafter referred to as the "central project entities") may directly file an application for being incorporated into the planning of projects prepared for foreign governments' loans with the National development and Reform Commission, which shall be reported to the Ministry of Finance as well. Article 5. Where the administrative department of development and reform at the provincial level receives an application filed by a project entity, it shall solicit for the opinion of the administrative department of public finance at the provincial level. Both of the aforesaid departments shall, according to their respective functions and duties, conduct a preliminary examination thereon, and after the application is approved, the administrative department of development and reform at the provincial level shall file an application with the National Development and Reform Commission for incorporating it into the planning of projects prepared for foreign governments' loans, which shall be reported to the administrative department of finance at the provincial level as well. Article 6. The National Development and Reform Commission shall conduct an examination on the planning of projects prepared for foreign governments' loans reported by the administrative department of development and reform at the provincial level and central project entities, distribute, on a periodic basis, the planning of projects prepared for foreign governments' loans to the administrative department of development and reform at the provincial level and relevant central project entities, set the scale of external debts and report it to the Ministry of Finance. The administrative department of development and reform at the provincial level shall notify the project entities and the relevant administrative department of finance at the provincial level of the planning of projects prepared for foreign governments' loans. As to the projects that have been included into the planning of projects prepared for foreign governments' loans, the valid term is 1 year as of the day of distribution. Where any project fails to be incorporated into a checklist of projects prepared for foreign governments' loans (hereinafter referred to as the "checklist of prepared projects foreign governments' loans"), the project shall be automatically deleted from the planning of projects prepared for foreign governments' loans. Article 7. As to any project that has been incorporated into the planning of projects prepared for foreign governments' loans, the local project entity shall file an application for the utilization of foreign governments' loans through the local administrative department of public finance, which shall be reported to the local administrative department of development and reform as well. The administrative department of public finance at the provincial level shall conduct an appraisal on the project application. As to any project that has passed the appraisal, the administrative department of public finance at the provincial level shall report the application for the utilization of foreign governments' loans to the Ministry of Finance, which shall be simultaneously sent to the administrative department of development and reform as well. A central project entity may directly apply with the Ministry of Finance for the utilization of foreign governments' loans, which shall be concurrently sent to the National Development and Reform Commission as well. Article 8. The Ministry of Finance shall, after receiving an application from the administrative department of finance at the provincial level and a central project entity, conduct an examination based on the requirements of the loan country for the project field as well as applicable quota of the loan, and incorporate the projects that meet all the requirements into the checklist of projects prepared for foreign governments' loans. The Ministry of Finance shall, on a quarterly basis, distribute a checklist of projects prepared for foreign governments' loans to the administrative departments of finance at the provincial level, central project entities and re-loaning banks. The administrative department of public finance shall simultaneously send the checklist of projects prepared for foreign governments' loans to the administrative department of development at the provincial level. As to any project that has been incorporated into the checklist of projects prepared for foreign governments' loans, the valid term is 1 year as of the day of distribution. Where the formalities for examination and approval, verification or archival filing of any project fail to be concluded within 1 year, the project shall be automatically deleted from the checklist of projects prepared for foreign governments' loans. Article 9. After a checklist of projects prepared for foreign governments' loans is distributed from the Ministry of Finance, the administrative department of finance at the provincial level and central project entities shall, according to the relevant provisions of the Ministry of Finance on the bidding of procurement proxy companies of foreign governments' loan projects, organize, guide or supervise the borrower in its designating the relevant procurement proxy company, and re-loaning bank to conduct the preliminary re-loaning work. Article 10. As to a project that has been incorporated into the checklist of projects prepared for foreign governments' loans, the relevant project entity shall, according to the relevant procedures, handle the formalities for examination and approval, verification and archival files with the administrative department of development and reform at the state or provincial level. The administrative department of development and reform at the provincial level shall simultaneously send the project approval documents to the Financial Department of the Ministry of Finance and the administrative department of public finance at the provincial level. The National Development and Reform Commission shall send the project approval documents to the Ministry of Finance at the same time. Article 11. As to any project that has been incorporated into the checklist of projects prepared for foreign governments' loans and has gone through the formalities for examination and approval, verification and archival filing with the department of development and reform, the Ministry of Finance shall submit, at an appropriate time, it to the relevant foreign government and loaning institution and shall notify the administrative department of public finance at the provincial level and the relevant central project entity of the feedback opinions of examination or appraisal on the relevant project, which shall be sent at the same time to the National Development and Reform Commission as well. The administrative department of public finance at the provincial level shall simultaneously send the relevant opinions to the administrative department of development and reform at the provincial level. Article 12. As to any project that the Ministry of Finance has raised to a foreign government and if the foreign government does not have any different opinion, the local project entity shall submit a report on application for project funds with the National Development and Reform Commission through the administrative department of development and reform at the provincial level. A central project entity shall submit an application report on project funds with the National Development and Reform Commission. Where the State Council or the National Development and Reform Commission conducts examination and approval on the feasibility report of projects, the relevant application for project funds shall not be subject to any separate examination and approval. Article 13. The National Development and Reform Commission shall make a reply, upon examination and approval, to an application report on project funds and send it to the Ministry of Finance, for which the administrative department of development and reform at the provincial level shall circulate it to the administrative department of public finance at the provincial level. As to an application report of project funds, the valid term thereof shall be 2 years as of the day of approval. Where no re-loaning agreement is concluded within 2 years therefrom, the approval document shall be automatically invalidated. Article 14. After an application report on project funds or any feasibility research report subject to the examination and approval of the State Council or the National Development and Reform Commission is approved, the project entity or procurement proxy company shall, according to the contents of approval as well as the specific requirements set forth by the foreign government in the project appraisal, conduct relevant bidding and procurement according to the relevant rules, bylaws and work procedures of foreign governments' loans. The relevant re-loaning bank shall, according to the relevant provisions, sign the loan agreement and conclude a re-loaning agreement with the borrower. As to any project for which the administrative department of public finance at the provincial level makes repayment or provides a guaranty, the relevant formalities for the re-loaning agreement shall be handled after the administrative department of public finance at the provincial level confirms the debts or guaranty liabilities. Article 15. Before a re-loaning agreement comes into force, in the case of any project alteration, the relevant formalities shall be handled respectively under the following circumstances: (1) Where a project entity is split up, merged or acquired or where the project is implemented by any other entity, the relevant reply documents of the project that has been listed into the planning of projects prepared for foreign governments' loans shall be automatically invalidated. The project entity shall, upon alteration, handle the relevant formalities again according to the provisions of the present Work Rules; (2) As to any project that has been listed into the planning of projects prepared for foreign governments' loans, where the scale of external debts is expanded or the purpose of use of capital is adjusted, the adjustment plan shall be reported to the National Development and Reform Commission for approval. As to any project that has been listed into the planning of projects prepared for foreign governments' loans, where the category of projects, the loaning country, re-loaning bank or the amount of loan is adjusted, it shall be subject to the examination and approval of the administrative department of public finance at the provincial level and thereafter, the adjustment plan shall be sent to the Ministry of Finance for approval; (3) Where an application report of project funds is approved yet if the loaning country is changed, the scale of external debts is expanded or the purpose of use of capital is altered, the adjustment plan shall be reported to the National Development and Reform Commission for approval according to the procedures as prescribed herein and shall be reported to the Ministry of Finance through the administrative department of finance at the provincial level and the relevant formalities shall be handled upon approval of the Ministry of Finance. Where a central project entity goes through any of the aforesaid alteration, an application for handling the relevant formalities shall be filed with the National Development and Reform Commission and the Ministry of Finance. Article 16. The present Work Rules shall be implemented as of November 9, 2006. |
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