legal analysis:
in order to effectively standardize the management of special bond funds, ensure the safe and efficient operation of funds, and give full play to the benefits of the use of special bond funds, the following measures for the management of the use of special bond funds are formulated. 1. Requirements for the use of special bond funds (1) Requirements for the use of special bond funds. The use of special bond funds shall strictly correspond to the capital expenditure of the project, and no unit or individual may intercept, occupy or misappropriate it, or use it for recurrent expenditure, or adjust the project or the use of funds, and complete the expenditure within the specified time. (2) the scope of use of special bond funds. Pay the related engineering expenses according to the construction contents when compiling "one case and two books", and shall not pay other engineering expenses outside the construction contents. 2. Information on the disbursement of special bond funds (1) The competent department of the project is responsible for the approval and supervision of the disbursement of special bond funds, and the project management unit is responsible for the authenticity, completeness and compliance of the information provided. The project management user must provide the following information to the enterprise or individual that implements the project: the land price that needs to be paid for the project construction is allocated to the relevant documents of construction land; Necessary expenses shall be paid in the process of project planning, design and construction, and payment materials shall be provided, including but not limited to: approval documents of the development and reform department, bid-winning notice, construction contract, supervision contract, bill of quantities, project schedule (confirmed by the supervision unit), application for payment by the construction unit, payment certificate of the supervision unit, project photos, etc. (2) Four copies of special bond fund disbursement information. The Finance Bureau, the competent department of the project, the project management unit and the specific project implementation enterprise shall each keep one copy.
Legal basis:
Interim Measures for the Administration of General Bond Issuance of Local Governments
Article 1 These Measures are formulated in accordance with the Budget Law and the Opinions of the State Council on Strengthening the Administration of General Bond Issuance of Local Governments.
article 2 general bonds of local governments (hereinafter referred to as general bonds) refer to government bonds issued by the governments of provinces, autonomous regions and municipalities directly under the central government (including municipalities with separate plans that have been approved by provincial governments to issue bonds themselves) for non-profit public welfare projects, and it is agreed that the principal and interest will be paid mainly from the general public budget revenue within a certain period.
ordinary bonds are in the form of book-entry fixed interest rate interest.
article 3 the debts borrowed by provinces, autonomous regions and municipalities directly under the central government according to the quota issued by the State Council shall be included in the budget adjustment plan at the corresponding level and reported to the standing Committee of the people's congress at the corresponding level for approval. The revenue and expenditure of bond funds are included in the general public budget management.
article 4 the term of ordinary bonds is 1 year, 3 years, 5 years, 7 years and 1 years, which shall be reasonably determined by various localities according to factors such as capital demand and bond market conditions, but the issuance scale of single-term bonds shall not exceed 3% of the issuance scale of ordinary bonds in the current year.
article 5 general bonds are voluntarily repaid by local governments in accordance with the principle of marketization, and the principles of openness, fairness and justice are followed. the main body of issuance and repayment is local governments.
article 6 all localities shall carry out general bond credit rating in accordance with relevant regulations, select the best credit rating agencies, and sign a credit rating agreement with the credit rating agencies to clarify the rights and obligations of both parties.
article 7 credit rating agencies shall carry out credit rating work in accordance with the principles of independence, objectivity and impartiality, abide by credit rating regulations and business norms, and issue credit rating reports in a timely manner.
article 8 all localities shall timely disclose the basic information of general bonds, financial and economic operations, debts, etc.
article 9 information disclosure shall follow the principle of good faith, and there shall be no false records, misleading statements or major omissions.
investors independently analyze the disclosed information, independently judge the investment value of general bonds, and bear their own investment risks.
article 1 when a general bond underwriting syndicate is established in various places, the members of the underwriting syndicate shall be financial institutions legally established within the territory of China, with the qualification of bond underwriting business, and the indicators such as capital adequacy ratio, solvency or net capital status meet the regulatory standards.
article 11 the financial department of the local government shall sign a bond underwriting agreement with the general bond underwriter to clarify the rights and obligations of both parties. Underwriters may entrust their branches to sign and perform bond underwriting agreements in writing.
Article 12 All localities may select the lead underwriter among the general bond underwriters, and the lead underwriter shall provide consulting services such as issuance pricing, registration custody, listing and trading for general bonds.
article 13 the general bond issuance interest rate shall be determined by underwriting, bidding, etc. If underwriting or bidding is adopted, the issue interest rate shall be determined above the average yield of book-entry treasury bonds with the same repayment period 1 to 5 working days before the underwriting or bidding date.
underwriting refers to the bond issuance mechanism in which the local government and the lead underwriter agree on the bond underwriting interest rate (or interest rate range), require all underwriters (including the lead underwriter) to submit the bond underwriting amount (or underwriting interest rate and underwriting amount) within a specified time, and determine the bond issuance interest rate and the bond underwriting amount of each underwriter according to the market principle.
Bidding refers to the bond issuance mechanism in which the local government requires the underwriters to submit the bid amount and bid interest rate of bonds within a specified time through the national debt issuance bidding system of the Ministry of Finance or other electronic bidding systems, and determines the bond issuance interest rate according to the principle of low interest rate to high interest rate.
article 14 when issuing general bonds by underwriting, all localities should negotiate with the lead underwriter to determine underwriting rules, and clarify underwriting methods and raising principles.
when issuing general bonds by bidding, all localities should formulate bidding rules, and clarify the bidding method and the principle of winning the bid.
article 15 all localities should strengthen the on-site management of bond issuance pricing, and ensure that there is no violation of fair competition, transfer of interests, direct or indirect seeking of illegitimate interests, or other acts that disrupt market order in the process of issuance pricing.
article 16 all localities should actively expand the scope of general bond investors, and encourage institutional investors and individual investors such as social insurance funds, housing accumulation funds, enterprise annuities, occupational annuities and insurance companies to invest in general bonds on the premise of complying with relevant laws and regulations.
Article 17 All localities shall, after the pricing of general bond issuance is over, publish the bond issuance results in a timely manner through the media such as China Bond Information Network and local portal websites.
article 18 general bonds shall be registered and managed in the central government securities depository and clearing co., ltd. and in the securities depository and clearing institutions specified by the state. After the issuance of general bonds, eligible bonds shall be listed and traded in the national inter-bank bond market and stock exchange bond market in time according to relevant regulations.
article 19 the general bond interest income obtained by enterprises and individuals shall be exempted from enterprise income tax and personal income tax in accordance with the notice of State Taxation Administration of The People's Republic of China of the Ministry of finance on the exemption of local government bond interest from income tax (caishui [213] No.5).
Article 2 All localities should earnestly fulfill their debt repayment obligations, pay the principal and interest of bonds, issuance fees and other funds in a timely manner, and safeguard the credibility of the government.
article 21 professional institutions and personnel such as registration and settlement institutions, underwriting institutions and credit rating agencies shall be diligent and conscientious, and strictly abide by professional norms and relevant rules. Those who resort to deceit and violate laws and regulations are included in the negative list and publicized to the public. Those suspected of committing a crime shall be transferred to judicial organs for handling.
article 22 the offices of the financial Ombudsman of the Ministry of finance shall strengthen the supervision and inspection of general bonds, and regulate the issuance, use and repayment of funds of general bonds.
article 23 all localities shall promptly report to the Ministry of finance for the record the relevant provisions on the issuance arrangement, credit rating, information disclosure, formation of underwriting syndicate, issuance and payment of general bonds in their respective regions. Major issues in the process of issuing and paying general bonds shall be reported to the Ministry of Finance in a timely manner. After the completion of each issuance of general bonds, the issuance of bonds shall be reported to the Ministry of Finance and the local financial Ombudsman office of the Ministry of Finance within 15 working days; After the completion of the annual issuance, the annual issuance shall be reported to the Ministry of Finance and the local financial Ombudsman office of the Ministry of Finance within 2 working days.