Administrative Measures for Foreign Aid (for Trial Implementation)
Administrative Measures for Foreign Aid (for Trial Implementation)
Administrative Measures for Foreign Aid (for Trial Implementation)
Order of the Ministry of Commerce [2014] No. 5
November 15, 2014
The Administrative Measures for Foreign Aid (for Trial Implementation) which were deliberated and adopted at the 30th ministerial meeting of the Ministry of Commerce on October 21, 2014 are hereby promulgated and come into force as of December 15, 2014.
Gao Hucheng, Minister
Administrative Measures for Foreign Aid (for Trial Implementation)
Chapter I General Provisions
Article 1 In order to standardize the administration of foreign aid, and improve the results of foreign aid, these Measures are formulated according to relevant laws and administrative regulations.
Article 2 In these Measures, foreign aid refers to an activity of using government foreign aid funds (hereinafter referred to as foreign aid funds) to provide economic, technical, material, personnel and management support to the parties receiving aid.
Article 3 The parties receiving foreign aid mainly include developing countries that have established a diplomatic relation with the People's Republic of China and need to receive aid, as well as international or regional organizations mainly based on developing countries.
Under urgent or special circumstances such as humanitarian aid, a developed country or a developing country that does not have a diplomatic relation with the People's Republic of China may be treated as a party receiving aid.
Article 4 Foreign aid shall be offered with respecting the sovereignty of the countries receiving aid and without interfering in the internal affairs of the countries receiving aid, and is designed to reduce poverty of a party receiving aid, improve the livelihood and ecological environment of the parties receiving aid, promote the economic development and social progress of the parties receiving aid, enhance the capacity of the parties receiving aid for self-development, and consolidate and develop the friendship and cooperation with the parties receiving aid.
Article 5 The Ministry of Commerce is responsible for dealing with foreign aid, drafting and implementing foreign aid policy and schemes, preparing foreign aid plans, determining foreign aid projects (hereinafter referred to as foreign-aid projects) and organizing the implementation of such projects, managing the use of foreign aid funds, and carrying out the international exchange and cooperation of foreign aid.
The economic and commercial offices of Chinese embassies and consulates assist the Ministry of Commerce in dealing with intergovernmental affairs relating to foreign aid and take charge of overseas supervision and administration over the implementation of foreign-aid projects.
The competent commerce departments at the provincial level assist the Ministry of Commerce in dealing with foreign aid administration affairs.
Article 6 The Ministry of Commerce sets up a fully-covered statistical system for foreign aid, and collects, summarizes and prepares statistical data about foreign aid.
Article 7 The Ministry of Commerce makes a unified identification for foreign aid and takes charge of supervision and administration over the use of such identification.
Chapter II Planning of Foreign Aid Policy
Article 8 The Ministry of Commerce formulates the planning of long- and mid-term foreign aid policy and guiding opinions on country assistance in conjunction with relevant departments, and implements them upon approval.
Article 9 The Ministry of Commerce sets up a foreign-aid project reserve system.
Article 10 A foreign aid reserve project is the main base for preparing the plan and budget for foreign aid funds and initiating foreign-aid projects.
Article 11 The Ministry of Commerce is responsible for gathering, reviewing and determining foreign aid reserve projects based on specific countries, and adopts dynamic administration for determined reserve projects.
Chapter III Forms of Foreign Aid
Article 12 Foreign aid funds mainly include three types, namely, nonreimbursable assistance, free loan and concessional loan.
Nonreimbursable assistance is mainly used for aid needs of the parties receiving aid in terms of poverty reduction, livelihood, social welfare, public services and humanitarianism, etc.
Free loan is mainly used for aid needs of the parties receiving aid in terms of public infrastructure and industrial and agricultural production, etc.
Concessional loan is mainly used for supporting production projects with economic benefits and large-sized infrastructure construction of, and providing a large quantity of mechanical and electrical products and complete sets of equipment to, the parties receiving aid.
Article 13 Except for special circumstances, foreign aid is implemented upon organization by the Ministry of Commerce in the form of intergovernmental aid.
Article 14 Foreign aid puts the implementation of project aid first.
Under urgent or special circumstances such as humanitarian aid, assistance in cash may be offered to the parties receiving aid.
Article 15 Foreign-aid projects are provided mainly in the following forms:
1.
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