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国家发展计划委员会、财政部、国家外汇管理局令第28号

（Promulgated jointly by the State Development Planning Commission， the Ministry of Finance and the State Administration of Foreign Exchange on 8 January 2003 and effective as of 1 March 2003.）

颁布日期：20030108 　实施日期：20030301 　颁布单位：国家发展计划委员会、 财政部、 国家外汇管理局

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures have been formulated in order to strengthen the administration of foreign debts， regulate the acts of borrowing foreign debts， enhance the benefit of utilization of foreign debt funds， and guarding against the risk from foreign debts.

　　Article 2　For the purposes of these Procedures， the term “foreign debts” shall refer to the debts denominated in foreign currencies for which domestic institutions are liable to non-residents.

　　Article 3　For the purposes of these Procedures， the term “domestic institutions” shall refer to permanent organizations established within China according to law， including but not limited to government authorities， domestic financial institutions， enterprises， institutions and social organizations.

　　Article 4　For the purposes of these Procedures， the term “non-residents” shall refer to institutions and natural persons outside China， and their non-permanent organizations established within China according to law.

　　Article 5　Based on the types of debts， foreign debts shall be classified into loans from foreign governments， loans from international financial institutions and international commercial loans.

　　1. Loans from foreign governments refer to the official credits borrowed by the Chinese government from foreign governments；

　　2. Loans from international financial organizations refer to non-commercial credits borrowed by the Chinese government from the World Bank， Asian Development Bank， Agricultural Development Foundation of the United Nations and other international and regional financial institutions；

　　3. International commercial loans refer to the commercial credits borrowed by domestic institutions from non-residents， including：

　　（1） loans from banks and other financial institutions outside China；

　　（2） loans from enterprises， other institutions and natural persons outside China；

　　（3） medium and long-term bonds （including convertible bonds） and short-term bonds （including commercial paper， large-denomination transferable certificates of deposit， etc.） issued outside China；

　　（4） buyer's credit， deferred payments and other forms of trade financing；

　　（5） international lease financing；

　　（6） foreign currency deposits of non-residents；

　　（7） debts repaid with spot exchange in compensation trade； and

　　（8） other kinds of international commercial loans.

　　Article 6　Based on repayment liability， foreign debts shall be classified into sovereign foreign debts and non-sovereign foreign debts.

　　1. Sovereign foreign debts refer to the foreign debts borrowed by institutions authorized by the State Council on behalf of the State， where repayment is guaranteed by State credit.

　　2. Non-sovereign foreign debts refer to foreign debts other than sovereign foreign debts.

　　Article 7　For the purposes of these Procedures， the term “provision of security to foreign entities” shall refer to security provided by domestic institutions to non-residents in the form of guarantee， mortgage or pledge in accordance with the PRC， Security Law.

　　Potential repayment obligations to foreign entities arising from provision of security to foreign entities shall be contingent foreign debts.

　　Article 8　The State shall implement unified administration on various types of foreign debts and contingent foreign debts. Borrowing of foreign debts， provision of security to foreign entities， and the utilization and repayment of foreign debt funds shall comply with the provisions of the relevant laws and regulations of the State and these Procedures.

　　Article 9　The State Development Planning Commission， the Ministry of Finance and the State Administration of Foreign Exchange shall be the administrative departments of foreign debt.

　　PART TWO　BORROWING OF FOREIGN DEBTS AND PROVISION OF SECURITY TO FOREIGN ENTITIES

　　Article 10　The State Development Planning Commission shall， in conjunction with relevant departments， formulate the State planning on borrowing of foreign debts and reasonably determine the total amount of all foreign debts and target of structural regulation， according to the needs of the national economy and social development， the balance of international payment position and capability of bearing for foreign debts.