财际[2003]108号

颁布日期：20031225 　实施日期：20040101 　颁布单位：财政部

　　Caiji [2003] No. 108

　　December 25， 2003

　　The relevant ministries¹， commissions and institutions directly under the State Council， and the departments （bureaus） in all provinces， autonomous² regions， municipalities directly under the Central Government and cities directly under the State planning：

　　For further standardizing³ the administration of the projects with the World Bank's technical assistance， improving the quality of managing the projects and the efficiency of using the fund， this Measure for the Administration has been formulated⁴ and is hereby printed and distributed to your organization. Please observe and implement⁵ them.

　　Annex⁶： Measures for the Administration of Projects （Sub-Projects） with the World Bank's Technical Assistance

　　Annex：

　　Measures for the Administration of Projects （Sub-Projects） with the World Bank's Technical Assistance

　　Chapter I General Provisions

　　Article 1 The present Measures are formulated with a view to further standardizing the administration of projects （sub-projects） with the World Bank technical assistance， improving the quality of managing the projects and the efficiency of using the fund， and ensuring the smooth attainment⁷ of the projects' targets.

　　Article 2 “Projects （sub-projects） with the World Bank's technical assistance” in this Law refer to projects （sub-projects） that use the World Bank's grants or technical cooperation loans.

　　Chapter II Administration of the World Bank's Grants

　　Article 3 Relevant central and local agencies shall， in accordance with the relevant provisions of the Ministry⁸ of Finance， apply for the grants. After verified and approved by the Ministry of Finance， the entity⁹ will become the grant project entity and be responsible for the specifics of implementing¹⁰ the grant projects.

　　Article 4 The relevant central and local agencies that apply for the grants shall submit their applications to the Ministry of Finance along with the materials as follow：

　　（1） Proposal of the projects （sub-projects）；

　　（2） Commitment Letter of Grant Use

　　The above materials shall satisfy the relevant requirements of the Ministry of Finance and the World Bank.

　　Article 5 Applications of the relevant central agencies may be submit to the International Department of the Ministry of Finance in the name of the competent authorities （Department level） of the entities¹¹； Applications of the relevant local agencies must be submit to the International Department of the Ministry of Finance through the finance authorities of their provinces.

　　Article 6 Where the grant project entity is a central agency， with the Ministry of Finance's approval， the grant may be managed and used by its own， and the entity shall open and manage a special account for the projects in accordance with relevant provisions. For those are not qualified¹² for managing fund and finance or be under special circumstance， the grants shall be managed （including account opening and management） by the International Department of the Ministry of Finance or the entity designated by the International Department of the Ministry of Finance.

　　Article 7 Where the grant project entity is a local agency， with the Ministry of Finance's approval， the grant shall be managed （including account opening and management） through the finance authority of its province. Where there are special cases as the project involves several localities and the account can not be divided， the account and the grant shall be managed by the International Department of the Ministry of Finance or the entity designated by the International Department of the Ministry of Finance.

　　Article 8 Every grant project （sub-project） entity shall， in accordance with relevant provisions of the Ministry of Finance， pay adequately and timely the charge for the use of the grant prior to the first withdrawal¹³ and account report.

　　Article 9 Every grant project （sub-project） entity shall implement the grant project in accordance with the Grants Agreement， relevant provisions of the World Bank and the Ministry of Finance and the commitments in the Commitment Letter of Grant Use， and receive supervision¹⁴ on procurement¹⁵ and audit¹⁶ from the World Bank， relevant finance authorities and auditing¹⁷ authorities.

　　Chapter III Administration of the World Bank's Technical Cooperation Loans

　　Article 10 Relevant central and local agencies that need the World Bank's technical cooperation loans shall apply in accordance with the project management regulations stipulated¹⁸ by the Ministry of Finance for every technical cooperation project. After being verified and approved by the Ministry of Finance， the entity will become the sub-project entity and be responsible for the specifics of implementing the sub-projects.

　　Article 11 The applications submitted by the central and local agencies include the Sub-project Proposal that is required by the Projects Overall Objective stipulated in the Loan Agreement （Development Credit Agreement）。 The Sub-project Proposal shall be made in accordance with the standard format¹⁹ required by the Project Management Regulations.

　　Article 12 The applications of relevant central agencies that plan to use the central uniformly repay fund，shall apply directly to the Ministry of Finance by it own name. Other relevant central agencies' applications may be submitted to the International Department of the Ministry of Finance in the name of the competent authorities （Department level） of their respective agencies. The applications of the relevant local agencies must be submitted to the International Department of the Ministry of Finance through finance authorities of their provinces.

　　Article 13 When it is a central agency and has been approved to use the central uniformly repay fund， the sub-project entity shall directly sign the Sub-project Agreement with the Ministry of Finance. When it is a central agency but has not been approved to use the central uniformly repay fund， the sub-project entity shall directly sign the Agreement on Sub-project Loan Transfer with the Ministry of Finance. When it is a local agency， the sub-project entity shall sign the Agreement on Sub-project Loan Transfer with the Ministry of Finance through finance authority of its province.

　　Article 14 The special account of the technical cooperation projects， withdrawals²⁰ and account reporting to the World Bank shall be uniformly managed by the International Department of the Ministry of Finance or the entity designated by the International Department of the Ministry of Finance. The relevant projects entities and finance authorities shall complete the procedure of withdrawals and submitting expense accounts with the Ministry of Finance.

　　Article 15 Every sub-project entity shall， in accordance with the relevant provisions of the Ministry of Finance， pay adequately and timely the charge for loan administration prior to the first withdrawal and account report.

　　Article 16 Every sub-project entity shall， in accordance with the Loan Agreement， the Project Management Regulations， the Sub-project Implementation²¹ Agreement or the Agreement on Sub-project Loan Transfer and the relevant provisions of the World Bank and the Ministry of Finance， implement the branch projects and receive supervision on procurement and auditing from the World Bank， relevant finance authorities and auditing authorities.

　　Chapter IV Supplementary²² Provisions

　　Article 17 Any violation²³ of this Measure will be seriously punished by the Ministry of Finance in accordance with the relevant laws， regulations， and the relevant rules of the Ministry of Finance as well as the relevant requirements of the World Bank.

　　Article 18 The Ministry of Finance shall be responsible for the interpretation²⁴ of this Measure.

　　Article 19 This Measure shall enter into force as of January 1， 2004.