Notice of the Ministry of Finance and the Ministry of Commerce on Relevant Issues Concerning the Financial Discount of Foreign Contracted Project Loans in 2004

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Notice of the Ministry of Finance and the Ministry of Commerce on Relevant Issues Concerning the Financial Discount of Foreign Contracted Project Loans in 2004

On November 29th, 2004, Caiqi [2004] No.252.

All provinces, autonomous regions, municipalities directly under the central government, the financial departments (bureaus), the competent commercial departments, the Finance Bureau and the Commerce Bureau of Xinjiang Production and Construction Corps, all foreign business institutions, and all centrally managed enterprises:
  In order to support and encourage enterprises with comparative advantages to "go global" and expand their foreign contracted projects, according to the budget arrangement of the central government’s foreign aid joint venture project fund in 2004, the commercial loans obtained by Chinese enterprises from domestic banks for the implementation of foreign contracted projects will be subsidized. The relevant matters are hereby notified as follows:
  I. Conditions for enterprises and projects applying for discount interest.
  (1) An enterprise applying for discount must meet the following conditions:
  1 registered in accordance with the law, and has an independent legal personality;
  2. Qualification for foreign economic cooperation approved by the state;
  3. There is no malicious default or misappropriation of foreign aid joint venture and cooperation project funds;
  4. Accept the coordination of financial and commercial departments and our foreign economic and commercial institutions.
  (two) to apply for discount projects must meet the following conditions:
  1. Submit the statistical data of the project in accordance with the provisions of the Statistical System of Foreign Economic Cooperation Business;
  2. The project contract is valid from January 1, 2004 to December 31, 2004, and the contract amount of a single project is not less than 10 million US dollars (or other equivalent currencies);
  3. The loan contract of the project is valid from January 1, 2004 to December 31, 2004, and the single loan amount is not less than 10 million yuan (or equivalent foreign currency);
  4. The contracted enterprise and the loan enterprise must be the same enterprise;
  5. In line with China’s foreign trade and economic policies.
  Second, the application materials and procedures
  (1) When applying for discount, an enterprise shall provide the following materials:
  1. Discount application report;
  2 "Enterprise Declaration Notes" (Annex 1);
  3. Basic Information of Foreign Contracted Projects and List of Interest Payment of Bank Loans in 2004 (Annex 2);
  4. Copy of the business license of the enterprise as a legal person;
  5. A copy of the commercial part of the project contract (Chinese version or Chinese translation);
  6. Written opinions of overseas economic and commercial institutions on the implementation of the project, including: contract amount, commencement date, image progress, estimated completion date, etc.;
  7. A copy of the bank loan contract;
  8. A copy of the settlement voucher for bank loans, interest payment and loan repayment.
  (2) application procedures:
  1. Local enterprises will submit the above materials to the local provincial finance and commerce authorities before February 28, 2005, and the provincial finance and commerce authorities will conduct a preliminary examination of the projects applying for interest discount according to the provisions of this notice, fill in the Summary of Preliminary Examination of Loan Interest Discount for Foreign Contracted Projects (Annex 4), and jointly report to the Ministry of Finance and the Ministry of Commerce before March 31, 2005;
  2. Enterprises managed by the central government will submit the Summary of Preliminary Examination of Loan Discount for Foreign Contracted Projects (Annex 4) together with relevant application materials to the Ministry of Finance and the Ministry of Commerce respectively before March 31, 2005;
  3. The Ministry of Finance and the Ministry of Commerce entrust intermediaries to jointly issue discount funds after reviewing the declared projects;
  4. Within 15 days after the two ministries issued the notice of financial discount funds for foreign contracted project loans of relevant enterprises this year, the Ministry of Commerce will directly allocate the discount funds to the enterprises.
  Third, the discount standard
  (a) the annual discount rate is not higher than 2 percentage points;
  (2) The discount period is calculated according to the calendar month of the actual loan period;
  (3) The project enjoys discount interest for a maximum of 3 years;
  (four) interest rate hikes, penalty interest, etc. other than normal loans are not subsidized;
  (five) each foreign contracted project can only enjoy a loan discount;
  (6) The discount amount shall be calculated in RMB.
  Four, foreign business institutions shall issue written opinions for enterprises in accordance with the requirements of item 6 of the first paragraph of Article 2 of this notice (Annex 3).
  Five, in order to do a good job in financial discount in 2004, improve efficiency, please enterprises in accordance with the provisions of this notice, carefully prepare the discount application materials and bind them in order, according to the project directory.
  Six, after receiving the discount interest funds, the enterprise will make a reduction of the financial expenses of the current year. No unit may cheat or intercept discount interest funds in any form or for any reason. In violation of the provisions, the Ministry of Finance and the Ministry of Commerce will fully recover the discount funds and cancel their discount eligibility. At the same time, investigate the responsibility of the relevant personnel.
  Seven, the financial and commercial departments will supervise and inspect the implementation of discount interest funds, to ensure that discount interest funds in place in time, earmarking.
  Attachment: 1. Description of enterprise declaration
     2. Basic information of foreign contracted projects and interest payment list of bank loans in 2004.
     3 in _ _ _ _ _ Economic and Commercial Counsellor’s Office (room) opinion
     4. Summary table of preliminary examination of loan discount for foreign contracted projects



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