基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

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 People's Republic of China

2006-05-12 19:15   我要纠错 | 打印 | 收藏 | | |

国家发展和改革委员会第28号

颁布日期:20050228  实施日期:20050301  颁布单位:国家发展和改革委员会

  No. 28

  Temporary Measures on Management of Loan Investment Project of International Financial Organizations and Foreign Governments were adopted by director's working meeting of National Development and Reform Commission (NDRC) and are hereby promulgated. These Measures are implemented as of March 1, 2005.

  Minister of NDRC: Ma Kai

  February 28, 2005

  Temporary Measures on Management of Loan Investment Project of International Financial Organizations and Foreign Governments

  Chapter I General Principles

  Article 1 For the purposes of enhancing the management of loan investment project of international financial organizations and foreign governments (hereinafter referred to as “foreign loan”), increasing efficacy of using foreign loan, these Measures are formulated in accordance with Decision of the State Council About Investment System Reformation.

  Article 2 These Measures apply to the management of loan borrowed from International Bank, Asian Development Bank, International Agricultural Development Foundation and other international financial organizations, foreign governments' loan, grant used together with loan, joint financing and other investment project.

  Article 3 All domestic enterprises, organs and organizations may apply for borrowing foreign loan.

  Article 4 If foreign loan is subject to foreign debt of state sovereignty, it should be managed according to government invested funds. Foreign loan is mainly used to public good and public basic construction, protecting and improving ecological environment and promoting economic and social development of un-developed areas.

  Chapter II Plan of foreign loan selective project

  Article 5 Plan of foreign loan selective project is the basis of the project to carry out works with foreign countries. The foreign loan-borrowing project must be brought into line with the plan of foreign loan selective project.

  To the projects that are not brought into line with foreign loan selective project, all departments of the State Council, local governments at all levels and project funds-using organizations must not make formal loan application to international financial organizations or foreign governments and other foreign loan organs.

  Article 6 Development and Reformation department of the State Council should work out plan of foreign loan selective project in accordance with plans of national economy and social development, industrial policy, foreign debt management and the principles and requirements of using foreign loan.

  Plans of loan selective projects of International Bank, Asian Development Bank and Japanese government's Japanese yen should be put forward by development and reformation department of the State Council and reported to the State Council for approval after development and reformation department of the State Council's consultation with financial department of the State Council.

  Article 7 Competent industrial department of the State Council, provincial development and reformation departments, enterprise groups specifically designated in the state plan and enterprises under central government apply for selective projects that are brought into the line with foreign loan.

  If the counterpart funding of the projects applied for by competent industrial department of the State Council is arranged by local government, and responsibility of loan repayment is undertaken and loan assuring is provided by local government, the comments of provincial development and reformation departments and relevant departments should be provided.

  Article 8 The materials that apply for selective projects brought into the line with foreign loan plan include following information:

  1. Brief description of the project;

  2. The necessity of the project construction;

  3. The categories and countries of borrowing foreign loan that is planed to apply for;

  4. Amount and purpose of the loan; and

  5. Responsibility of loan repayment.

  Article 9 If the projects that have been brought into the line with the selective project plan of international financial organizations' loan and the loan of Japanese yen of Japanese government need to be adjusted in source of loan or cancel the loan, the adjusted content should be reported to development and reformation department of the State Council in accordance with the procedures stipulated in Article 7 of these Measures.

  As for the projects that are brought into line with other loan selective project plans of foreign government, if it needs to adjust the source of loan, the adjusted content should be reported for approval in the period of examination and approval of application report for project funds.

  Article 10 If the projects that were approved originally to use other funds plan to apply for using foreign loan, or the projects that have been approved to use foreign loan plan to apply for other funds, they should be reported to development and reformation department of the State Council in accordance with the procedures stipulated in Article 7 of these Measures.

  Article 11 Development and reformation department of the State Council and provincial development and reformation departments take part in related works about the projects with foreign countries, guide and urge the implementation of foreign loan plan and annual contracted project plan.

  Article 12 The projects brought into line with selective project plan of foreign loan should go through the formalities of examination, approval, verification or record in the light of different conditions:

  1. The projects that the Central government borrows and repays loan centrally should be managed as Central Government's direct investment project. Project suggestion and feasibility report should be approved by development and reformation department of the State Council or submitted to the State Council after the examination by development and reformation department of the State Council.

  2. The projects that the loan is provided and repaid by provincial governments should be managed as provincial governments' direct investment projects. The power of examination and approval of the projects is performed in accordance with relevant regulations of the State Council and the development and reformation department of the State Council. Except the projects that should be reported to the State Council and development and reformation department of the State Council for approval, all feasibility reports of other projects should be examined and approved by provincial development and reformation departments and the power of examination and approval must not be transferred to the lower levels.

  3. The projects that the loan is repaid by funds-using organizations themselves and not be guaranteed by the government should be managed according to Catalogue of Investment Projects Approved by the Government: As for all projects listed in Catalogue of Investment Projects Approved by the Government, their project application reports should be approved separately by provincial development and reformation departments, development and reformation department of the State Council or reported to the State Council for approval after examination of the development and reformation department of the State Council. The projects that are not subject to Catalogue of Investment Projects Approved by the Government should be submitted to the project located provincial development and reformation department for record

  Chapter III Application report for project funds

  Article 13 After the projects are brought into line with foreign loan selective project plan and the formalities of approval, verification or record are finished, project funds-using organizations should make an application report for project funds to their located provincial development and reformation department.

  Application report for project funds should be reported to development and reformation departments of the State Council for approval after preliminary examination of provincial development and reformation departments.

  Application reports for project funds of competent industrial department of the State Council, enterprise groups specifically designated in the state plan and the enterprises under Central Government are reported directly to development and reformation department of the State Council for approval.

  Article 14 Project feasibility report approved by the State Council and development and reformation department of the State Council should include project funds application, and project funds application report is not approved separately.

  Article 15 Project funds application report should include following information:

  1. Brief survey of the project, including the scope and content of the project construction, total investment, capital funds, foreign loan and other funds, project proprietor, project executing organ and term of the project construction;

  2. Source and requirements of foreign loan, including foreign loan organs or countries, repayment term, grace period, interest, commitment fee and etc;

  3. Project progress in working with foreign countries;

  4. Scope of using the loan, including funds arrangement of loan in civil engineering, equipment, materials, consultation and training;

  5. Complete purchasing list and purchasing ways of equipment and materials, including specifications, quantities 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 purpose 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 the 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.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371