The following is the full text:
Implementation Opinions of the Ministry of Finance on Promoting the Standardized Development of Government and Social Capital Cooperation
Jincai [20 19]No. 10
The finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the central government and cities under separate state planning, the Finance Bureau of Xinjiang Production and Construction Corps, and the offices of the financial Ombudsman of the Ministry of Finance in all provinces, autonomous regions, municipalities directly under the central government and cities under separate state planning:
It is an important decision made by the CPC Central Committee and the State Council to promote the use of government and social capital cooperation (PPP) model in the field of public services, introduce social forces to participate in the supply of public services, and improve the quality and efficiency of supply. In order to implement the spirit of the Central Economic Work Conference and the National Financial Work Conference, effectively prevent and control the hidden debt risks of local governments, give full play to the positive role of the PPP model, implement the requirements of "six stabilities", fill the shortcomings of infrastructure, and promote high-quality economic development, we hereby put forward the following opinions:
First, firmly grasp the overall requirements for promoting the development of PPP norms.
In recent years, financial departments at all levels, together with relevant parties, have vigorously promoted PPP work, which has played a positive role in stabilizing growth, promoting reform and benefiting the people. However, there are also some problems such as exceeding one's own financial resources, solidifying the responsibility of government expenditure, and generalizing the scope of application. Financial departments at all levels should further raise their awareness, effectively prevent and control the hidden debt risks of local governments in accordance with the principles of "standardized operation, strict supervision, openness and transparency, and good faith performance", resolutely fight hard to prevent and resolve major risks, and solidly promote the standardized development of PPP.
(1) standardized operation. Improve the institutional system, define the "positive and negative" list, define the requirements of life cycle management, strictly put projects in storage, improve the dynamic adjustment mechanism of "can enter and exit", and implement project performance incentive assessment.
(2) Strict supervision. Adhere to the principle that financial investment is necessary and affordable, make prudent and scientific decisions, improve the monitoring and risk early warning mechanism of fiscal expenditure responsibility, prevent excessive and heavy government expenditure responsibility from increasing the pressure on fiscal expenditure, and effectively prevent and control local governments from increasing hidden debts under the guise of PPP.
(3) Openness and transparency. Fair, just and open procurement of social capital. Make good use of the national PPP comprehensive information platform, fully disclose the full life cycle information of PPP projects, protect the public's right to know, and form effective supervision and restraint on all parties involved.
(4) performing in good faith. Strengthen the integrity construction of local governments, strengthen the concept of contract, fully embody the principle of equal cooperation, and protect the legitimate rights and interests of social capital. Incorporate the financial expenditure responsibility of eligible PPP projects into budget management according to laws and regulations, fulfill the contract in time according to the contract, and enhance the confidence of social capital in long-term investment.
Second, standardize and promote the implementation of PPP projects.
(1) A standardized PPP project shall meet the following conditions:
1. belongs to the public welfare project in the field of public service, and the cooperation period is in principle more than 10 years, and the procedures such as value-for-money evaluation and financial affordability demonstration are performed according to regulations;
2. Social capital is responsible for the investment, construction and operation of the project and bears corresponding risks, and the government bears risks such as policies and laws;
3. Establish a payment mechanism that is completely linked to the project output performance, and may not lock and solidify the government expenditure responsibility in advance by lowering the assessment criteria;
4. The project capital conforms to the proportion stipulated by the state, and the shareholders of the project company pay the capital in full and on time with their own funds;
5. The government contracting party is the people's government at or above the county level or its authorized organ or institution;
6. Incorporate into the national PPP comprehensive information platform project library according to regulations, fully disclose the project information in a timely manner, and take the initiative to accept social supervision.
(two) in line with the above conditions, the new government paid projects should also meet the following prudential requirements in principle:
1. In areas where fiscal expenditure accounts for more than 5%, new government-paid projects are not allowed. According to the principle of "substance is more important than form", sewage and garbage treatment are managed according to two lines of revenue and expenditure, except for PPP projects in the form of government payment;
2. Choose social capital by competitive means such as public bidding, invitation to bid, competitive consultation and competitive negotiation;
3. Strictly control the project investment, construction and operation costs, and strengthen the follow-up audit.
In order to circumvent the above restrictions, new government-paid projects are bundled and packaged into a small number of user-paid projects, and the contents of the projects are not substantially related, and the user-paid ratio is less than 10%, so they will not be put into storage.
(3) Strengthen the supervision of fiscal expenditure responsibility. Ensure that the financial expenditure responsibility borne by the general public budget for all PPP projects at this level in each year does not exceed 10% of the general public budget expenditure at this level in that year. Newly signed projects shall not arrange PPP project operation subsidy expenditure from government fund budget and state-owned capital operation budget. Establish an early warning mechanism for PPP project expenditure responsibility, provide risk warning for areas with fiscal expenditure responsibility exceeding 7%, and prohibit new projects from being put into storage for areas with fiscal expenditure responsibility exceeding 10%.
Third, strengthen the standardized management of the project.
Financial departments at all levels should put standardized operation in the first place, implement standardized PPP projects in strict accordance with the requirements, and must not have the following acts:
(a) the existence of the government or government representatives to buy back the investment principal from social capital, promised a fixed return or guaranteed minimum income. By signing yin-yang contracts, or providing various forms of guarantees and repayment commitments for project financing by the government or its funded representatives, the government actually covers the operational risks of project investment and construction.
(2) All kinds of financing platform companies owned by the government at the same level and state-owned enterprises that can have a substantial impact on their business activities participate in PPP projects at the same level as social capital. Social capital actually only undertakes the project construction, but not the project operation responsibility, or the government expenditure is decoupled from the project output performance.
(3) Choosing the social capital party without legal procedures. Failing to pass the value-for-money evaluation, financial affordability demonstration or evade the red line of financial affordability 10% as required, and implementing it in the name of PPP.
(four) the debt funds as project capital, false capital contribution or false capital contribution.
(5) Failing to disclose project information in a timely and comprehensive manner or disclosing false project information as required, which seriously affects the public's right to know and the exercise of social supervision.
In case of item (1) of this article, the projects that have been put into storage shall be retired, and the financial expenditure responsibility formed by the project shall be identified as the hidden debt of the local government, and the relevant departments shall be invited to seriously investigate the responsibilities of relevant units and individuals according to the law and regulations.
For the existence of items (2) to (5) of this article, rectification shall be carried out within a time limit. Unable to rectify or overdue rectification is not in place, the projects that have been put in storage will be retired, and the hidden debts of local governments will be increased, and the relevant departments will be asked to investigate the responsibility according to the law and properly dispose of them.
Fourth, create a good environment for standardized development.
Financial departments at all levels shall, jointly with relevant departments, take various measures to strengthen standardized management and classified guidance, and increase policy support for key areas and key projects.
(1) Encourage private capital and foreign investment to participate. Increase support for private enterprises and foreign-funded enterprises to participate in PPP projects, introduce high-quality projects with good government credit and stable project income into private enterprises, and give priority to supporting private enterprises to participate in projects under the same conditions. The relevant special transfer payment funds of the central government in the field of public services will give priority to supporting qualified private enterprises to participate in PPP projects. Study and improve the performance evaluation method of PPP funds in China, take the investment of private enterprises in projects as an important evaluation index, and guide PPP funds in China to increase their support. When carrying out PPP projects, all localities shall not set discriminatory clauses or additional conditions for the participation of foreign-funded enterprises and Chinese-funded overseas branches. To advocate high-quality and high-price procurement, we should reasonably choose procurement methods according to the characteristics of procurement projects, further strengthen the management of procurement demand and performance acceptance, and improve procurement quality.
(2) Increase financing support. Combined with its own financial situation, we will support standardized PPP projects by means of capital injection and operating subsidies according to local conditions. Guide insurance funds and China PPP funds to increase equity investment in the project and broaden the sources of project funds. Encourage the revitalization of project stock assets through share transfer, asset transaction, asset securitization, etc., and enrich the access channels of social capital.
(3) Focus on key areas. Priority will be given to supporting infrastructure and public welfare projects with certain benefits in the areas of equalization of basic public services such as health, pension, culture, sports and tourism. Accelerate the implementation of projects that meet the needs of economic and social development, complete decision-making procedures, clear return mechanism and reasonable financing structure.
(four) to ensure reasonable expenditure. The government expenditure items formed by qualified PPP projects are based on the fact that the public enjoys public services that meet the agreed conditions and the government provides operating subsidies for the public to enjoy public services. All localities should incorporate the fiscal expenditure of PPP projects into budget management according to laws and regulations, keep promises and contracts, and stabilize market expectations.
(5) Strengthen information disclosure. Relying on the national PPP comprehensive information platform, the whole process of public disclosure, summary statistics, analysis and monitoring of PPP project information is carried out, and the dynamic adjustment mechanism of "being able to enter and exit" of the project library is improved, and warehousing is not used as an endorsement of project compliance, and warehousing is not used as a loan condition for commercial banks.
(6) Strengthen classified guidance. For projects under construction, it is necessary to urge all parties to strictly perform the contract, ensure that the capital contribution is in place, promote the completion of the project on schedule, and avoid the emergence of "semi-finished" projects. For projects that have not yet started, urge all parties to strengthen the review of contract terms in strict accordance with the requirements and standardize financing arrangements. For projects entering the procurement stage, publicity and information disclosure should be strengthened to attract all kinds of market players, especially private enterprises and foreign-funded enterprises to participate on an equal footing. At the same time, strengthen the reserve of major projects, do a solid job in the pre-project demonstration, and promote the formation of a project development pattern that combines far and near and keeps pace.
(seven) to strengthen the management of PPP consulting institutions and expert database. Consulting institutions and experts should play a professional role, abide by professional ethics, and provide PPP project consulting services according to laws and regulations. For consulting institutions and experts whose packaging is not standardized, which increases the hidden debt risk of PPP projects, issues consulting opinions in violation of relevant policies and regulations, and the charging standards deviate from the reasonable level of the market, which has a negative impact and serious consequences on the implementation of PPP projects, they should be seriously investigated for responsibility in accordance with regulations.
Verb (verb abbreviation) cooperation, do a good job of implementation
Financial departments at all levels should improve their positions, take the initiative, and accelerate the establishment of a working mechanism with coordination, strong guarantee and measures in place.
(1) Strengthen departmental cooperation, strengthen communication and information sharing in the early stage of project identification, demonstration and warehousing, do a solid job in the early stage of project preparation, consolidate the foundation of project implementation, and promote scientific decision-making.
(2) Strengthen tracking and monitoring. Strengthen the follow-up guidance, supervision and inspection of the whole life cycle of the project, and establish and improve the supervision mechanism for policy implementation and project implementation. Increase information disclosure, take the initiative to accept audit supervision and social supervision, and promote the orderly implementation of project specifications.
(3) Encourage local governments and departments to innovate working mechanisms according to local conditions, increase policy support, strengthen experience summary and case promotion, and report to the Ministry of Finance in a timely manner the experiences and practices formed in the work promotion and the major problems found.
Ministry of Finance and Administration
2065438+March 7, 2009