Laws of the People's Republic of China

Ministry of Finance

Circular of the Ministry of Finance on Printing and Distributing the "Measure for the Administration of Projects (Sub-Projects) with the World Bank's Technical Assistance"

Caiji [2003] No. 108

December 25, 2003

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

For further standardizing 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 formulated and is hereby printed and distributed to your organization. Please observe and implement them.

Annex: 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 attainment 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 Ministry of Finance, apply for the grants. After verified and approved by the Ministry of Finance, the entity will become the grant project entity and be responsible for the specifics of implementing 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 entities; 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 qualified 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 withdrawal 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 supervision on procurement and audit from the World Bank, relevant finance authorities and auditing 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 stipulated 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 format required by the Project Management Regulations.

Article 12

The applications of relevant central agencies that plan to use the central uniformly repay fundŁ¬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, withdrawals 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 Implementation 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 Supplementary Provisions

Article 17

Any violation 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 interpretation of this Measure.

Article 19

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