| Notice by the Ministry of Finance of Further Strengthening the Budget Management of Local Governments' Foreign Sovereign Loans | | 财政部关于进一步加强地方政府主权外贷预算管理的通知 |
| (No. 19 [2020] of the Ministry of Finance) | | （财国合〔2020〕19号） |
| The finance departments (or bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning: | | 各省、自治区、直辖市、计划单列市财政厅（局）： |
| For the purposes of further strengthening the budget management of local governments' foreign sovereign loans (hereinafter referred to as foreign loans), in accordance with the Budget Law of the People's Republic of China, the Measures for the Administration of Loans and Grants from International Financial Organizations and Foreign Governments and other relevant regulations, you are hereby notified of the following matters on strengthening the budget management of foreign loans: | | 为进一步加强地方政府主权外贷（以下简称外贷）预算管理，根据《中华人民共和国预算法》、《国际金融组织和外国政府贷款赠款管理办法》等有关规定，现就加强外贷预算管理有关事项通知如下： |
| I. For the purposes of this Notice, “foreign loan” means a loan that the Ministry of Finance raises from an international financial organization or a foreign government on behalf of the state upon the approval of the State Council, and then on-lends to the governments of provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning. A foreign loan requires the repayment plan and stable sources of funds for repayment. | | 一、本通知所称外贷，是指财政部经国务院批准代表国家统一筹借，并转贷给省、自治区、直辖市、计划单列市政府的国际金融组织和外国政府贷款。外贷应当有偿还计划和稳定的偿还资金来源。 |
| II. The income, expenses, and principal and interest payments of foreign loans that the government assumes the liability of their repayment (hereinafter referred to as “foreign loans as government debt”) shall be included in the government's general public budget management. The outstanding debt shall be included in the management of the local government debt ceiling. | | 二、政府承担偿还责任的外贷（以下简称政府债务外贷）收入、支出、还本付息付费纳入政府一般公共预算管理。债务余额纳入地方政府债务额度管理。 |
| III. The foreign loans for which the government assumes the liability of guarantees (hereinafter referred to as “guaranteed foreign loans”) are not local government debts, and therefore shall not be included in the management of local government debt ceiling. | | 三、政府承担担保责任的外贷（以下简称担保外贷）不属于地方政府债务，不纳入地方政府债务额度管理。 |
| IV. The income from foreign loans shall be used for the expenses stipulated in loan legal documents and shall not be embezzled for other purposes. Local finance departments at all levels shall use “foreign loans as government debs” according to the purposes specified in the budget. | | 四、外贷收入应当用于贷款法律文件规定的支出，不得挪作他用。地方各级财政部门应当依据预算规定的用途使用政府债务外贷资金。 |
| V. The provincial finance department shall submit to the Ministry of Finance the plan for the use of the next year's foreign loan funds before the end of September each year, including the total size of foreign loans in the region and the project details about foreign loans as government debs and guaranteed foreign loans by province, city, or county. The project implementation entity, the project coordination agency, and relevant departments shall make reasonable estimates of the use of foreign loan funds in the next year based on the progress of the project, and the provincial finance department shall develop plans for the use of foreign loan funds accordingly. | | 五、省级财政部门应当于每年9月底前向财政部报送下年度外贷资金使用计划，内容包括本地区外贷总规模、政府债务外贷和担保外贷按省、市、县分行政区划项目明细情况等。项目实施单位、项目协调机构及有关部门应当根据项目进度对下年度外贷资金的使用情况进行合理预计，省级财政部门据此制定外贷资金使用计划。 |
| VI. The size of the local government's additional foreign loans as government debts for the current year plus the issue of additional general bonds for the same year shall not exceed the approved ceiling on additional general debts. | | 六、地方政府当年新增政府债务外贷规模加上当年新增一般债券发行额应当不超过经批准的新增一般债务限额。 |
| VII. To improve the enforcement of the budget for foreign loans as government debts, the Ministry of Finance sets a ceiling in advance on additional general debts for the next year every year, and at the same time sets for the local government a ceiling in advance on additional foreign loans as government debts for the next year, which shall be no more than 60% of the ceiling on additional foreign loans as government debts for the current year, and issues a project detail by a division of administrative areas. The provincial finance department shall, according to the project detail about foreign loans as government debts set in advance by the Ministry of Finance, set a ceiling on additional foreign loans as government debts for relevant cities and counties in a timely manner. | | 七、为提高政府债务外贷预算执行进度，财政部每年随提前下达下年度新增一般债务限额，按不超过当年新增政府债务外贷额度的60%，提前下达地方下年度新增政府债务外贷额度和分区划项目明细。省级财政部门应当按照财政部提前下达的政府债务外贷分区划项目明细，及时向有关市县下达新增政府债务外贷额度。 |
| VIII. After the National People's Congress or its Standing Committee approves the local government's debt ceiling for the current year, the Ministry of Finance will set a ceiling on additional foreign loans as government debts for the current year. The local government's foreign loans as government debts shall not exceed the ceiling set by the Ministry of Finance. | | 八、全国人大或其常委会批准当年地方政府债务限额后，财政部下达当年新增政府债务外贷额度。地方政府债务外贷不得突破财政部下达的地方政府债务外贷额度。 |
| IX. The provincial finance department shall, before the end of September each year, estimate the use of the ceiling on additional foreign loans as government debts for the current year. | | 九、省级财政部门应当在每年9月底前对当年本地区新增政府债务外贷额度使用情况进行预估。 |
| Where the actual use of additional foreign loans as government debts is smaller than the ceiling set at the beginning of the year, if the ceiling on additional general debts for the current year fails to be broken, the aforesaid actual use may be reported to the provincial government for approval and then to the Ministry of Finance for recordation. The available credit will be used for additional local government general bonds issued for the current year or beyond. | | 新增政府债务外贷实际使用规模小于年初下达额度的，可以在不突破当年新增一般债务限额的情况下，报经省级政府批准并报财政部备案，将尚未实际使用的额度调剂用于当年或以后年度发行新增地方政府一般债券。 |
| X. The local finance department shall, according to the ceiling set by the Ministry of Finance on foreign loans as government debts and the project detail by a division of administrative areas, carry out legal procedures in accordance with regulations before effectively conducting the work related to the borrowing, using, and repaying of foreign loans. | | 十、地方财政部门应当根据财政部下达的政府债务外贷额度和分区划项目明细，按规定履行法律程序后，做好外贷举借、使用、偿还等工作。 |
Where it is really necessary to share the ceiling on foreign loans as government debts between projects during the enforcement of the budget, which does not involve cross-city or -county or cross-budget levels, the finance department shall conduct such sharing within the ceiling approved by the people's congress or its standing committee at the corresponding level. For cross-city or -county or cross-budget levels, the provincial and relevant municipal and county finance departments shall conduct such sharing without breaking the ceiling set by the Ministry of Finance on foreign loans as government debts but fulfilling the legal approval procedures and strictly preventing and controlling government debt risks.
．．．．．． | | 预算执行中，确需在项目间调剂使用政府债务外贷额度不涉及跨市县、跨预算级次的，由财政部门在本级人大或其常委会批准的政府债务外贷额度内调剂使用；跨市县或者跨预算级次的，由省级和有关市县财政部门在不突破财政部下达的政府债务外贷额度、履行法定批准程序并严格防控政府债务风险的前提下调剂使用。
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