作者:法律资料网 时间:2024-06-17 04:43:32   浏览:8116   来源:法律资料网

国务院


中国银行短期外汇贷款办法(附英文)

1980年8月30日，国务院

办法
为了加快社会主义现代化建设的步伐，在自力更生的基础上，利用银行吸收的外汇资金，发展出口商品生产和其他经济建设事业，增加外汇收入，特制订短期外汇贷款办法。

第一章 贷款的对象和使用范围
第一条 贷款的对象是生产出口商品和能给我国直接或间接创造外汇收入并具备贷款条件的单位。重点是支持生产出口商品的企业进行挖潜、革新、改造。
第二条 贷款的使用范围：
一、引进先进技术，进口设备、材料，扩大出口商品的生产能力，提高产品质量，增加花色品种，改进包装装璜。
二、进口原料、辅料加工出口。
三、发展交通运输、旅游事业，对外承包工程。
四、支持对外加工装配、补偿贸易。
五、支持直接或间接创造外汇收入项目所需的短期周转资金。

第二章 贷款的条件
第三条 使用外汇贷款，应具备以下条件：
一、经济效果明显。贷款项目花钱少、收效大、创汇高、还款快。使用贷款单位经营管理好，能充分发挥引进技术、设备、原材料的作用；能促进企业挖潜、革新、改造；能增强出口商品在国际市场的竞争能力；能为国家多创外汇增加积累。
二、还款确有保证。借款单位必须有外汇来源和按期偿还贷款本息的能力，并提出归还贷款本息的计划。搞出口产品的项目，使用贷款增加的产品，不列入国家的产品分配计划，优先提供出口。增加的收入和换回的外汇，首先用于归还外汇贷款本息。交外贸出口的商品，生产单位与外贸公司应签订产销、还汇合同或协议。其他贷款项目，必须持有有关部门同意使用其外汇收入归还贷款的批准文件。银行认为必要时，借款单位应由有外汇收入的单位担保，保证按期归还贷款本息。
三、国内配套落实。使用贷款进口的设备、物资，需要在国内配套的厂房、设备、水电汽、燃料、原材料，以及相应的劳动力、技术力量、人民币资金等，须经计委、主管部门等有关单位综合平衡逐项落实，纳入有关计划或签订经济合同。
四、项目经过批准。需要报上级批准和拨款的基建项目、技措项目，必须按照报批程序，经有关领导部门批准。

第三章 贷款的申请、审批和使用
第四条 借款单位应向中国银行（在未设中国银行机构的地方向当地人民银行）办理申请贷款的手续，提出：使用外汇贷款的申请书；批准建设项目的文件和进口物资清单；已经落实的国内配套计划和有关的合同副本；经有关部门同意的归还进口设备所需的人民币资金计划。用出口商品还款的项目，要有生产单位和外贸公司签订的产销、还汇合同或协议。
第五条 国务院各部的贷款项目，由中国银行总行根据贷款条件逐项审查办理；地方的贷款项目，由各省、市、自治区中国银行的管辖分行在总行批准的计划数内，按照管理权限掌握审批。对需要总行和有关部委审查的贷款项目，应上报批准。银行审批贷款，要主动与有关部门联系，互相协作，密切配合。
第六条 贷款批准后，借款单位应到中国银行订立借款契约，开立贷款帐户，并办理进口订贷。对借款单位不及时签订借款契约或签订借款契约后不及时提出进口订贷卡片的项目，超过批准贷款文件规定的期限，银行即按自动撤销贷款处理。借款单位提出的订货卡片需经银行盖章有效。银行根据批准的进口物资清单审查核对，未经银行同意，借款单位不能变更贷款用途和进口物资的品种、数量。借款单位向国外订货的进口合同副本要送给银行备查。银行要积极主动帮助借款单位用好贷款。
第七条 金额比较大的贷款项目，借款单位应提出按年分季的用款计划。银行按照用款计划组织资金，借款单位按照用款计划用款。因计划不周或情况发生变化，借款单位应该在季末一个月以前申请调整用款计划。借款单位不按计划用款，未用部分和未报计划或超过计划的用款，银行向借款单位要收取一定的费用，弥补对外筹措资金的损失。

第四章 贷款的期限和利率
第八条 贷款期限从开始用汇日算起，到还清本息止。用于进口原料、辅料加工出口的项目，一般为一年；用于进口设备（包括制造设备的材料）的项目，不超过三年；其他贷款项目，一般也不超过三年；使用买方信贷的贷款项目，不超过五年。
第九条 外汇贷款利率，由中国银行总行根据在国际市场上组织资金的成本加银行管理费确定公布。

第五章 贷款的偿还
第十条 借款单位应按照借款契约，在贷款期限内向银行还清贷款并按时支付利息。贷款到期，借款单位无力归还时，由担保单位偿还。必要时，中国银行或中国人民银行有权从借款单位和担保单位的帐户中扣收外汇（或外汇额度和人民币）。
第十一条 有外汇收入的借款单位，用自有的外汇归还；不直接收入外汇的借款单位，用提供外贸出口商品应收的外汇归还，即凭外贸部门或其他承担还汇部门开给的“归还外汇贷款额度凭证”，用相应的人民币到中国银行购买外汇归还贷款本息。对外加工装配、补偿贸易使用贷款增加的外汇收入，应首先用于归还贷款。
第十二条 用外汇贷款建设项目，在归还贷款本息期间，国营企业可以用贷款项目所增加的产品利润、固定资产折旧基金和固定资产占用费归还。实行利润留成的企业可以按照国家核定的基数留成比例，先提取职工福利基金和奖励基金，然后再归还贷款，但不得提取生产发展基金和增加利润留成资金。城镇集体企业可以用贷款项目所增加的产品利润（指缴纳所得税前的利润）和固定资产折旧资金归还；企业的主管部门在归还贷款期间，不得从所属企业贷款项目提取利润和各项资金。
企业用上述款项归还当年应付贷款本息后，如有结余，其结余部分应照章缴纳所得税或上交利润；如有不足，其不足部分，报经税务机关同意，可以用贷款项目新增加产品应纳的工商税归还。
企业申请使用贷款时，须将有关文件抄送税务机关备查。

第六章 买方信贷的使用
第十三条 使用买方信贷的贷款项目，除本办法其他各条已有规定者外，应按以下规定办理：
一、借款单位必须向签订买方信贷协议的国家订货，并按中国银行与外国银行签订的买方信贷协议办理。
二、使用买方信贷的贷款项目，借款单位应在订货卡片上注明使用买方信贷。外贸公司同外国供货商签订的商务合同，应在支付条款中写明使用哪个银行的买方信贷。
三、与外商签订商务合同时，中国银行应同时与外国提供买方信贷的银行谈判，签订具体使用买方信贷的协议。对外签订协议的工作，根据具体情况由总行办理，或由总行授权分行办理。

第七章 贷款的管理
第十四条 择优发放贷款。借款单位使用外汇贷款一定要进行经济核算，讲究经济效果。银行对用汇省、效果好、创汇多、还款快的企业、部门和地方，优先给予支持；对使用贷款效果不好，到期不能还款的企业、部门和地方，在工作没有改进以前，不发放新的贷款。
第十五条 明确经济责任。使用贷款必须订立借款契约。银行保证按契约提供资金；借款单位保证按契约用款并实现经济效果。贷款到期不还，银行从过期之日起，在原利率的基础上向借款单位加收百分之十到五十的利息。贷款必须用于批准的用途，专款专用，不得挪作他用。发生挪用时，挪用部分在原订利率基础上加倍计收利息。
第十六条 实行信贷监督。银行对每个贷款项目都要进行贷前调查、贷时审查和贷后检查的工作。要协助借款单位实现经济效果，发挥银行信贷的促进、调节和监督作用。对比较大的项目，银行要参加对外谈判，在使用货币、支付方式等方面提出有利于我方的建议。借款单位应向银行提供所需要了解的情况、资料、报表和合同副本。
对违反国家政策法令，不按规定、合同、契约办事，浪费外汇资金，造成损失和拖欠贷款的单位，银行要追究经济责任，并采取停止发放贷款、提前收回贷款、提高贷款利率等经济制裁手段，直至向法院起诉。

第八章 附 则
第十七条 本办法自发布之日起施行，一九七八年九月二十九日财政部制订的《短期外汇贷款办法》随即废除。在本办法实施以前批准的贷款、签订的贷款契约，仍按原来规定办理。短期外汇贷款实施细则，由中国银行另行拟订。(附英文)

MEASURES FOR PROVIDING SHORT-TERM LOANS IN FOREIGN CURRENCY BY THEBANK OF CHINA

Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版).
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.

Whole Document (法规全文)
MEASURES FOR PROVIDING SHORT-TERM LOANS IN FOREIGN CURRENCY BY THE
BANK OF CHINA
(Approved and promulgated by the State Council on August 30, 1980)
These Measures for providing short-term loans in foreign currency are
hereunder formulated with a view to speeding up the socialist
modernization programme and, on the basis of self-reliance and by using
the foreign currency funds absorbed by the Bank of China, developing
production of exports and other economic under-takings and increasing
foreign exchange earnings as well.

Chapter I Eligible Borrowers and the Purposes for which Loans are to be Used
Article 1
Loans are to be granted to export-oriented industries and other
enterprises earning foreign exchange income directly or indirectly who can
meet the conditions for borrowing. The loans are primarily for encouraging
export-oriented industries to tap production potential and to support
their renovations and retooling old plants and equipments.
Article 2
The loans are to be used for:
a. financing imports of advanced technology, equipment and materials
essential to upgrading the borrower's productivity and the quality,
variety and packaging of export goods;
b. financing imports of raw materials and components to be processed for
export;
c. developing transportation and tourism and carrying out engineering
projects contracted in foreign countries;
d. supporting the processing of raw materials and assembling of parts
supplied by foreign buyers, and supporting compensatory trade; and
e. providing short-term working capital to production projects that
generate foreign exchange directly or indirectly.

Chapter II Conditions for Borrowing
Article 3
Applicants for loans must meet the following requirements:
a. Marked economic results: Preference is given to borrowers who are able
to earn more foreign exchange in proportion to the money invested and
repay bank loans sooner Borrowers should be able to run their enterprises
efficiently, make the most of the imported advanced technology, equipment
and raw materials, tap their production potential, renovate obsolete
plants and equipment, enhance the competitiveness of their export goods in
the international markets, thereby earning more foreign exchange and
accumulate more funds for the country.
b. Assurance of repayment: Borrowers must give evidence of a reliable
source of foreign exchange income and the ability to repay loans plus
interest for which they are required to submit a schedule of repayment.
Where loans are granted to the export-goods industry, the increased output
attributed to the loan should be primarily for export and not be included
in the state domestic marketing plan. The income from the increased output
and the export proceeds in foreign exchange should first be set aside for
repayment of the bank loan. In case the goods are to be turned over to a
foreign trade corporation for export, the borrower should sign a sales
contract with this corporation which commits the latter to repay the bank
loan in foreign exchange for the borrower.
Enterprises not directly related to the export trade must submit a
document of approval signed by the competent department committing the
latter to repay the loan from its own foreign exchange income. When
necessary, the bank may demand that some organization that has a regular
foreign exchange income stands surety for the borrower.
c. Availability of domestic factors of production to make imported
materials and equipment operational: Domestic factors of production refer
to factory buildings, equipment, steam, water, electricity and fuel, raw
materials, labour force, technological expertise and funds in Renminbi
requisite to making the imported equipment and materials operational.
These items must be duly arranged and approved by the Planning Commission
or the competent authorities who have to list them in their plans or sign
contracts with the borrower.
d. With respect to the items mentioned above, borrowers should obtain
prior approval of higher authorities for those items that require
allotment of funds for capital construction or technological
installations.

Chapter III Applications for and Utilization of Loans, and Examination and Approval of Applications
Article 4
Applications for loans should be submitted to the Bank of China (or
People's Bank of China where the Bank of China does not operate) together
with the following supporting documents: a document evidencing the
approval of the proposed project by the department in charge; a list of
imports the loan is to finance; a schedule proving the domestic factors of
production are available and a copy of the contract; a document approved
by the department in charge showing that counterpart funds in Renminbi
have been earmarked for repayment of the amount of Renminbi required for
the import of the equipment. In the case of a project where the producer
needs to repay the loan with earnings from the export of its products, the
producer should conclude with a foreign trade department a contract or an
agreement on production and sales, and on the repayment of the foreign
currency borrowed.
Article 5
Applications for loans by the departments under the State Council shall be
examined item by item against the prerequisites for borrowing by the head
office of the Bank of China. Applications by local departments and
enterprises shall be reviewed by the Bank of China's regional branches in
the provinces, municipalities and autonomous regions within the bounds of
their respective loan quotas assigned by the head office. Cases that need
to be reviewed by the head office or ministries concerned should be
submitted to them for approval. In examining the applications, the Bank
should keep in touch with the departments in charge and work in close
cooperation with them.
Article 6
After the application is approved, the borrower should sign a loan
agreement, open a loan account with the Bank of China and place an order
for imports. If the borrower fails to sign the loan agreement or submit a
list of imports within the specified time, the Bank may revoke its
approval of the loan. The list of imports must be signed by the Bank
before the order is placed. Without the approval of the Bank, neither the
purpose for which the loan is to be used nor the descriptions and
quantities of imports should be changed. The borrower should submit to the
Bank a copy of the contract signed with a foreign trader who provides the
goods. The Bank should help the borrower to make the best use of the loan.
Article 7
For a substantial loan, the borrower should submit a quarterly withdrawal
plan according to which the Bank will arrange the funds. In case the plan
needs to be adjusted because of poor planning or unexpected changes of
circumstances, the borrower should apply to the Bank for adjustment a
month before the end of the quarter. For failure to carry out the plan,
the borrower shall bear additional bank charges on the amount of the
withdrawal falling short of, or in excess of, the planned amounts so as to
compensate the Bank for losses in raising funds from abroad.

Chapter IV Term of Loans and Rates of Interest
Article 8
The term of the loan is to begin from the day of the withdrawal to the day
of repayment of the principal and interest. The term of loans for
importing raw materials and components to be processed for export is
normally 1 year. The term of loans for importing equipment or materials to
be used in making equipment, and that of loans for other purposes shall
not exceed 3 years. Where loans take the form of buyers' credits, the
maturity shall not exceed 5 years.
Article 9
The interest rates for loans are to be determined and made public by the
head office of the Bank of China on the basis of the cost of raising funds
on the international money markets plus its handling charges.

Chapter V Repayment of Loans
Article 10
The borrower shall, in keeping with the loan agreement, repay the
principal before the loan runs out, and pay the interest regularly to the
Bank. If the borrower fails to repay, the surety is responsible for
repayment. If necessary, the Bank of China or the People's Bank of China
may force repayment by debiting the foreign currency deposit account of
the borrower or the surety (or by writing off the foreign exchange quota
allotted to the borrower and seizing his counterpart funds in Renminbi
earmarked for the purchase of the foreign exchange quota).
Article 11
A borrower who has a regular foreign exchange income should repay the loan
from its foreign exchange earnings. A borrower who is not directly
involved in the export trade should repay the loan from export proceeds
received through a foreign trade corporation. This corporation or some
other organization which stands surety for the borrower should issue a
certificate to "repay foreign exchange quota" against which the borrower
may purchase foreign exchange with Renminbi from the Bank of China to
repay the loan. Foreign exchange earnings from processing raw materials
and assembling parts provided by foreign buyers or earnings from
compensatory trade must first be set aside for repayment of the loan.
Article 12
Loans made to finance a construction project by a state-owned enterprise
may be repaid out of profits derived from the increased output, out of
depreciation reserves for fixed assets, or out of changes payable to the
government for the use of fixed assets. Enterprises that are authorized
to retain a portion of their profits may make repayment from the retained
profits after deductions for the staff's welfare fund and bonus fund.
However, deductions for the production development fund and for retention
of increased profits are not allowed. Loans to collectively owned township
enterprises may be repaid out of profits derived from the increased output
(profits before tax) or from depreciation reserves for fixed assets. The
department in charge is not allowed to collect profits or demand payment
out of the project financed by the bank loan before the loan is repaid. If
the above-mentioned funds are sufficient to repay the loan and a surplus
remains, income tax shall be paid on the surplus or a percentage of
profits shall be turned over to the government as required. If not, the
deficit may, with the consent of the tax authorities, be covered by the
industrial and commercial tax on the increased output which would
otherwise be collected. When applying for the loan, the borrower should
send a copy of the application to the tax authorities for the record.

Chapter VI Buyers' Credits
Article 13
When loans are provided in the form of the buyers' credits, the following
rules shall apply, apart form other provisions in the Measures:
a. The borrower must abide by the provisions in the buyer's credit
agreement that the Bank of China has signed with a foreign bank and must
place orders for imports from the country in which the foreign bank is
located.
b. The borrower must indicate in the order for imports that the buyer's
credit is to be used for payment. The commercial contract signed between a
Chinese foreign trade corporation and the foreign seller should indicate
the name of the bank providing the buyer's credit.
c. At the time the commercial contract is signed, the Bank of China shall
negotiate with the foreign bank providing the buyer's credit and sign an
agreement on the drawdown of the credit. The agreement shall be signed by
head office of the Bank of China or by one of its branches with its
authorization.

Chapter VII Loan Administration
Article 14
Choosing the best possible loanees. The Borrower must maximize the
effective productivity of the loan by relying on cost accounting.
Preference is given to the borrower who earns more foreign exchange in
proportion to the amount of the loan granted and makes repayment sooner.
The borrower who performs poorly or who is unable to repay his loan upon
maturity, will not receive further loans until he shows improvement in
management.
Article 15
Clearly specifying the responsibilities. Both the Bank and the borrower
shall abide by the loan agreement: the Bank undertakes to provide the
loanable funds; the borrower undertakes to draw on the loan and utilize
its productive potential effectively. The Bank shall raise the interest by
10-50% for overdue loans counting from the maturity date, and by 100% for
loans diverted to uses other than those authorized by the bank.
Article 16
Exercising bank supervision. The Bank shall inquire into each project
before financing it, examine the borrower's application before approving
it and oversee the performance of the borrower after the loan is granted.
The Bank has the duty to help the borrower achieve its economic goals. In
this way the bank shall fulfil its role of promoting, regulating and
supervising the economic activities of the borrower.
For large loans, the Bank shall sit in on the negotiations between the
borrower and the foreign supplier and make suggestions as to the preferred
currency for making payment and the method of payment. The borrower must
provide the bank with all necessary information, documents, statistics and
a duplicate of the relevant contract. The borrower shall be held
accountable for violation of government decrees and policies; failure to
abide by the regulations, the contract or the agreement; dissipation of
foreign exchange; or failure to repay the loan when due. At the same time
the Bank may take such disciplinary actions as suspending or recalling the
loan before maturity, raising the interest rate or even suing the borrower
in a court of law.

Chapter VIII Supplementary Provisions
Article 17
On the date these Measures come into force, Regulations for Providing
Short-term Loans in Foreign Currency, issued by the Ministry of Finance on
September 29, 1978, shall no longer be valid except for loans and loan
agreements previously approved and signed. Rules for the implementation
of these Measures shall be formulated separately by the Bank of China.