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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PREPARATION AND ENTRY INTO FORCE OF THE PROJECTS CHAPTER III MANAGEMENT OF FUNDS CHAPTER IV ACCOUNTING AND AUDITING CHAPTER V ACCOMPLISHMENT OF PROJECTS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present measures are formulated with a view to strengthening the financial management of donation projects made by foreign governments (hereinafter referred to "donation projects"), guaranteeing the smooth carryout of the donation projects, and improving the economic benefits and social benefits from implementation of the donation projects. Article 2. "Donations" mentioned in the present measures shall refer to the projects of gratuitous aid funds under fiscal cooperation, which are provided by foreign governments and regional financial institutions such as Nordic Investment Bank and Nordic Development Fund (hereinafter referred to "provider of the donated money"), accepted and managed by the Ministry of Finance on behalf of the Chinese government. Article 3. "Re-donating institution" mentioned in the present measures shall refer to the financial departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, and cities directly under state planning, the financial bureau of Xinjiang Army Corps of Production and Construction (hereinafter referred to "the financial departments at the provincial level") and all competent departments under the Central Government, which are entrusted by the Ministry of Finance to assume the duties of re-donating donation projects. The departments below the provincial level shall not have a re-donation or entrustment relationship with the Ministry of Finance, but be entrusted by the re-donating institutions to carry out financial supervision over donation projects. Article 4. "Executing institution" mentioned in the present measures shall refer to the institutions entrusted by the re-donating institutions to carry out the donation projects. Article 5. "Donated funds" mentioned in the present measures shall include monetary funds and non-monetary funds such as goods and materials, technical assistances, etc.. Article 6. "Matching funds" mentioned in the present measures shall include the monetary funds and non-monetary funds such as goods and materials, labor services, land, etc., which are raised by the local departments at all levels. Article 7. The present measures shall apply to re-donating institutions, and may be used as reference by other institutions in practice. CHAPTER II PREPARATION AND ENTRY INTO FORCE OF THE PROJECTS Article 8. The donation projects shall be under uniform planning by the Ministry of Finance, which shall then propose applications to the foreign parties. Article 9. A provider of donated money shall, after approving a project, conclude with the Ministry of Finance the "Agreement on Donation of Money between the Governments of Two Countries" (hereinafter referred to the "Agreement on Donation of Money"). The Ministry of Finance shall entrust a financial department at the provincial level or a relevant competent department under the Central Government to act as the re-donating institution. The re-donating institution shall strictly implement the provisions in the "Agreement on Donation of Money" on responsibilities and obligations of the re-donating institution. Article 10. A re-donating institution shall conclude the "Agreement on Re-donation" with the executing institution, or be authorized by the Ministry of Finance to conclude the relevant agreement with the provider of the donated money. The project on donated money shall come into force after meeting the relevant requirements of the provider of the donated money. Article 11. A re-donating institution shall, within 30 working days after receipt of the entrustment by the Ministry of Finance, complete the creation of accounts, and shall submit a sample of the signature by the authorized signatory who draws money under the project. Article 12. A re-donating institution may, in accordance with the relevant provisions and the actual situation of the project, distinguish donation projects and create special accounts for donated funds in policy banks, state-owned commercial banks or state-owned shareholding commercial banks, and shall timely report the account to the Ministry of Finance for record. Article 13. A re-donating institution may, upon the requirement by the provider of the donated money and in light of the actual situation of the project, take a lead in organizing the establishment of an office for project management, and shall dissolve it after the project is completed and the relevant transfer formalities have been gone through. Article 14. A re-donating institution shall strictly examine the materials on drawing money and sending in accounts under the project, and be responsible for handling the formalities of drawing and allocating the donated funds. CHAPTER III MANAGEMENT OF FUNDS Article 15. A re-donating institution shall organize the raising of supporting funds needed in the project on donated money, and set up accounts and manage them separately. Article 16. A re-donating institution shall urge the executing institution to reasonably and effectively use the donated funds and supporting funds. The standards of all expenses from the donated funds and supporting funds shall be strictly implemented in accordance with the agreement on donation of money and the relevant provisions. Article 17. The donated funds and supporting funds must be earmarked only for special purposes strictly in accordance with the agreement on donation of money and the relevant provisions. No entity or individual shall delay, withhold such funds or divert them for other uses. Article 18. No entity or individual may use the donated funds to pay taxes, fines or mortgages. Article 19. Where a project on donated money contains any content on relief by providing work opportunities, the re-donating institution shall, according to the relevant requirements of the provider of the donated money, guarantee the funds for the relief by providing work opportunities to be timely and fully granted. Article 20. Donated funds shall not be used non-gratuitously unless it is provided for by the State Council that it is indeed necessary for them to be used like that. Article 21. In the process of preparation for and carryout of a project on donated money, the re-donating institution may, upon the needs in the project, draw in a lump the funds for special purpose from the supporting funds at a proportion of 0.5%-2% of the total amount of the donated money and supporting funds, and use such funds in the activities of appraisal, inspection and trainings, in which the re-donating institution must take a lead in organization. No other institution shall draw such funds for a second time. The expenditure of the funds for special purpose shall be separately recorded in accounts, and be separately managed. For the information on actual income and expenditure, a statement on income and expenditure of the funds for special purpose shall be worked out, and be submitted to the Ministry of Finance for record. For the expenditure of the funds for special purpose, which are prepaid before the project comes into force, a temporary account book shall be set up for accounting, and be included in the account of expenditure of the funds for special purpose after the project comes into force. Article 22. The purchase under a donation project must be carried out in accordance with the requirements of the provider of the donated money and the relevant provisions. The re-donating institution shall be responsible for organizing the relevant departments to carry out through invitation for bidding the purchase of equipment and construction work for the project on donated money. Article 23. The re-donating institution shall strictly supervise and manage the assets in kind formed by the executing institution by making use of the donated funds and supporting funds. The executing institution shall set up ledgers for the fixed assets and the low cost and short-lived articles, use them strictly within the scope stipulated in the agreement on donation of money and the relevant provisions, and shall not sell off, transfer or mortgage them without authorization. Article 24. The re-donating institution shall, in accordance with the agreement on donation of money and the relevant provisions, strictly supervise the schedule for the executing institution to carry out the project. With respect to a project for which the date of closing the account is indeed necessary to be adjusted, the re-donating institution shall, at least 60 working days in advance, file a written application to the Ministry of Finance. Article 25. Where there is some surplus with the donated funds or the category for payment needs to be adjusted, the re-donating institution shall report to the Ministry of Finance on the proposal of using the surplus of the funds or the proposal of adjusting the category for payment, which shall be submitted to the Ministry of Finance in consultation with the provider of the donated money for approval before the implementation thereof. CHAPTER IV ACCOUNTING AND AUDITING Article 26. The re-donating institution shall timely submit the agreement on donation of money and other relevant documents to the auditing organ at the same level for record, and shall, in accordance with the auditing requirements by the provider of the donated money and the relevant provisions, prepare the relevant accounting documents and accept auditing. Article 27. The re-donating institution shall carry out accounting strictly in accordance with the "Accounting Measures on Re-Donating Projects on Money Donated by Foreign Governments (for Trial Implementation) ". Article 28. The re-donating institution shall be responsible for examining and approving the rough estimation (budget) of the project, as well as inspecting and supervising the use of the donated funds and supporting funds, and shall, as required by the agreement on donation of money, submit the report on schedule of the project and the financial and accounting report to the provider of the donated money, and meanwhile submit the said reports to the Ministry of Finance for record. Article 29. After the auditing organ has completed the auditing, the re-donating institution shall submit the auditing report to the Ministry of Finance and the provider of the donated money. CHAPTER V ACCOMPLISHMENT OF PROJECTS Article 30. After a project is accomplished, the re-donating institution shall urge the executing institution to work out the final statement of account, and be responsible for the project's fund sources established through physical inventory and the accounting and acceptance of the construction project delivered for use. The fixed assets formed from the project on donated money shall be subject to formalities of transfer in accordance with the relevant provisions. Article 31. After the account of project on donated money is closed, the re-donating institution shall, within 3 months, organize the acceptance, work out the completion report, sum up the carryout and completion of the project, analyze whether the prepared target of the project is reached, research the existing problems and propose suggestions. The completion report shall be timely submitted to the Ministry of Finance and the provider of the donated money. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 32. The present measures shall come into force on January 1, 2003. Article 33. The relevant department shall, in light of the specific circumstances in their respective regions, formulate detailed rules for implementation of the present measures, and submit them to the Ministry of Finance for record. |
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