Chapter 1 General Provisions Article 1 These Measures are formulated in order to strengthen the management of foreign loan projects for highway and water transportation infrastructure construction and to use foreign capital more effectively. Article 2 For large and medium-sized infrastructure projects such as highways, ports, and inland rivers that utilize foreign loans (hereinafter referred to as loan projects), the preliminary work, implementation, post-evaluation, principal and interest repayment, etc. of the project shall be managed in accordance with these Measures. Article 3 Foreign loans as mentioned in these Measures refer to loans provided by the World Bank, Asian Development Bank, Japan Overseas Economic Cooperation Fund and other foreign governments or international financial organizations (hereinafter referred to as lending institutions) to my country's highway and water transportation construction projects. At this stage, the country's unified external borrowing agencies are:
The Ministry of Finance is responsible for World Bank loans;
The People's Bank of China is responsible for Asian Development Bank loans;
Japan Overseas Economics Cooperation funds and other foreign government loans are provided by the Ministry of Foreign Economic Relations and Trade. Article 4 When using the above-mentioned loans for highway and water transportation construction projects, unless approved by the state for unified borrowing and repayment, all loans shall be unified and self-repayed, and internal on-lending shall be implemented. Article 5: Loan projects shall be subject to the principle of industry centralized and hierarchical management. The Ministry of Transportation is responsible for the centralized management of loan projects in the industry. The transportation departments (bureaus, commissions, offices), port authorities, navigation bureaus, etc. (hereinafter referred to as project units) of all provinces, autonomous regions, municipalities, and cities under separate state planning (hereinafter referred to as project units) should establish specialized agencies. Responsible for the implementation and management of loan projects under the guidance and organization of the Bank. Chapter 2 Principles for Loan Project Application Article 6 Infrastructure construction projects such as roads, ports, and inland rivers can apply for foreign loans. Projects applying for foreign loans must meet the following conditions:
(1) Has been included in the industry plan or five-year construction plan;
(2) Supporting funds have been basically implemented;
(3) Have the ability to repay the loan or have the funds to repay the loan;
(4) Have good economic, social and financial benefits. Article 7: Application for foreign loan channels should be comprehensively considered based on the nature, scale, procurement method of the project, and the loan conditions, principles, scale and other factors of the lending institution. Chapter 3 Preliminary Work for Loan Projects Article 8 Preliminary work for loan projects must follow the capital construction procedures prescribed by the state and shall comply with the loan procedure requirements of the lending institution. Article 9 When preparing a five-year construction plan, units that apply for foreign loans should propose projects that intend to use foreign loans and report them in a balanced manner step by step according to the planned channels. After screening and comprehensive balancing, the Ministry of Transport proposed a project plan for foreign loans for highway and water transportation, and submitted it to the State Planning Commission for application to be listed as an alternative project. Article 10: Project units shall submit project proposals according to the plan management system. For projects that have approved domestic project proposals but have not considered foreign loans, if they need to use foreign loans, the project unit should submit an application report for using foreign loans.
In addition to complying with the provisions of the "Measures for the Preparation of Feasibility Study Reports on Water Transport and Highway Construction Projects" issued by the Ministry of Transport, the feasibility study of a loan project should also include suggestions for loan amounts, loan channels, and loan use plans. and loan repayment plans, etc. Article 11 Loan projects must provide loan repayment guarantees to the State Planning Commission as a necessary condition for the approval of loan projects. The loan repayment guarantee shall be issued by the people's government or planning committee of the province, municipality or autonomous region where the project unit is located. Loan repayment guarantees for loan projects directly under the Ministry of Communications shall be handled in accordance with the requirements of the State Planning Commission. Article 12 The approval procedures for engineering feasibility study reports for loan projects are the same as for project proposals. After the project feasibility study report is approved, the project unit shall prepare an external copy of the feasibility study report in accordance with relevant confidentiality regulations. After review by the superior competent department and the confidentiality department, it shall be submitted to the Ministry of Communications for review and uniformly provided to the public for the purpose of carrying out loan projects accordingly. Pre-assessment work. Article 13: The lending institution’s formal evaluation (pre-investigation) of the loan project is generally carried out after the preliminary design is approved. The contents of the formal evaluation include the project size, engineering design, loan amount, loan use, procurement method (including civil construction and equipment, materials), loan payment, etc. If the results of the formal assessment are significantly different from the main contents of the originally approved project feasibility study report, they should be reported to the original approving unit for review. Article 14: After a loan project has been formally evaluated and a basic agreement has been obtained with the lending institution, the project unit shall submit a foreign investment plan to the State Planning Commission in accordance with the planning management system or project management affiliation.
The plan for utilizing foreign capital should not only include the main contents of the approved project feasibility study report, but also provide a detailed list of equipment and materials to be purchased with loans (with main technical parameters attached), procurement methods, technical cooperation and personnel training plans, and research topics Wait for specific content. The approved foreign capital utilization plan will serve as an important basis for loan negotiations and project implementation. Article 15: The negotiation and signing of loans shall be organized and responsible for the unified external borrowing agency. The Ministry of Communications organizes project units to prepare materials for loan negotiations, assists relevant unified external lending institutions in revising and improving the text of loan agreements, and participating in loan negotiations and other related work. Chapter 4 Implementation of Loan Projects Article 16 The project unit shall, in accordance with the relevant national regulations and the requirements of the loan agreement, complete the project design and construction, equipment procurement and installation, project acceptance, production preparation and complete the loan agreement. relevant content, and implement effective control over project quality, cost and construction period to ensure the smooth implementation of loan projects.