China has issued new Measures for the Administration of Foreign Aid (对外援助管理办法) on 31 August 2021. The document will become effective on 1 October 2021 and replaces the 2014 “(Experimental) Measures for the Administration of Foreign Aid” (对外援助管理办法 (试行)) of the Ministry of Commerce. It operationales the new foreign aid and international development cooperation policy under Xi Jinping which was charted in the new White Paper on “China’s International Development Cooperation in the New Era” of January 2021.
The new Measures have been long in the making. A draft with a request for public comments (such drafts are a typical steps in China’s legislation) had been published by China’s International Development Cooperation Agency CIDCA already in November 2018. The changes to the draft and the time passed could be signs of a lengthy process of bureaucratic negotiation between the main actors of China’s foreign aid system.
Before we turn to the translation, here are some comments on the main points and changes to be taken from the document (if you’re just looking for the translation, scroll down):
1. Key actors and distribution of responsibilities. The Measures are issued not by CIDCA alone (CIDCA issued the draft Measures) but jointly by CIDCA, the MFA and MOFCOM, which implies that all three will play a central role in China’s foreign aid system – with divided responsibilities. However, the Measures do not have the status of law (法律) but are departmental regulations, which means that they apply only to the issuing institution and do not regulate the responsibilities of other actors in China’s foreign aid system.
- CIDCA is in charge of drafting aid policies and strategic guidelines (Art. 6, 9), managing the scope and use foreign aid funds (Art. 6), drafting country-specific aid policies (Art. 5, 10) and annual plans (Art. 10), selection of foreign aid projects (Art. 6, 14), signing of foreign aid agreements with recipients (Art. 15), and the oversight and evaluation of project implementation. It is also in charge of international exchanges and cooperation on foreign aid. However, CIDCA cannot decide independently on all issues, but must submit proposals to the State Council for approval.
- MOFCOM has now the status of an “aid implementing department” (援外执行部), similarly to other Ministries in charge of the implementation of foreign aid projects (e.g. Ministry of Agriculture for agricultural projects or the National Health Commission for medical teams and health aid projects). According to the measures, MOFCOM’s responsibilities now cover technical negotiations with recipient countries, selection of entities for the implementation of foreign aid projects (in practice, these have so far mainly been state-owned enterprises) or deployment of development workers (mainly trainers). MOFCOM and other aid implementing departments have the right to submit proposals to the State Council on specific foreign aid matters.
- MFA‘s role is to ensure that foreign aid is consistent with China’s foreign policy objectives (that has not changed). Accordingly, Chinese embassies and consulates shall serve as focal points for recipient country governments and oversee the implementation of foreign aid projects. In the past, this task has been undertaken by MOFCOM’s Economic and Commercial Councilors Office (ECCOs), which are part of Chinese embassies but are in MOFCOM’s line of command. However, now, the supervision by embassies is mentioned in the MFA paragraph and not in the MOFCOM paragraph. This may indicate either that local responsibility has been shifted from MOFCOM to the MFA or that the ECCOs, which acted relatively independently of the embassies in the past, are becoming more integrated into the embassy structure.
The overall management system has not changed. Like in the past, the coordination between different ministries is supposed to happen through an “inter-ministerial coordination mechanism” (部际协调机制) (Art. 8), meaning that there is no one actor with directive authority (except, of course, for the State Council).
2. New purpose, new foreign aid modes and new project types. Sustainable development added as the purpose of foreign aid. Both the 2014 MOFCOM Measures and the 2018 CIDCA, in the purposes of foreign aid (Art. 4) spoke of “enhancing the recipients’ capacity for independent development” (增强受援方自主发展能力); in the new 2021 Measures, it is “enhancing the recipients’ capacity for independent and sustainable development” (增强受援方自主可持续发展能力). “Sustainable” was apparently only added recently, during the revision of the 2018 draft. Technical assistance can now include policy advice (政策咨询) to realise policy or management objectives (Art. 19 (3)). South-South Cooperation Assistance Fund (SSCAF) projects have been added as a new aid mode: funds can be used to support projects implemented by international organisations, social organisations or think tanks (Art. 19 (8)). Furthermore, aid projects no longer have to be implemented by a Chinese entity (Art.20): They can also be implemented in joint collaboration by China and the recipient or by the recipient alone. Most notably, China can now also cooperate with international organisations and NGOs on aid projects.
3. Project oversight and evaluation. While Art. 6 stipulates that CIDCA is in charge of oversight and evaluation of project implementation, a corresponding oversight and monitoring/evaluation system is yet to be established (Art. 43). CIDCA is also yet to develop criteria for project evaluation (Art. 44), a project information management and reporting system (Art. 44), and a foreign aid statistical system (Art. 47). The objective of setting up a statistical system had already been included in the 2014 MOFCOM Measures, and it is not clear how much progress there has been since then. But, all the points mentioned here could present an interesting collaboration space between CIDCA and DAC donors.
This is an unofficial translation by the China Aid Blog. Changes to the 2014 MOFCOM Aid Measures and highlighted in red. Comments are, as always, welcome.
Measures for the Administration of Foreign Aid
|China International Development Cooperation Agency
Ministry of Foreign Affairs of the PRC
Ministry of Commerce of the PRC
2021 Document No. 1
|《对外援助管理办法》已经国家国际发展合作署、外交部、商务部审议通过，现予公布，自2021年10月1日起施行。||“Measures for the Administration of Foreign Aid” have been considered and adopted by the China International Development Cooperation Agency, the Ministry of Foreign Affairs and the Ministry of Commerce. They are hereby promulgated and shall come into force on 1 October 2021.|
|CIDCA Director Luo Zhaohui
Minister of Foreign Affairs Wang Yi
Minister of Commerce Wang Wentao
27 August 2021
|第章 总 则||Chapter I General Provisions Provisions|
|第一条 为加强对外援助的战略谋划和统筹协调，规范对外援助管理，提升对外援助效果，依据有关法律、行政法规制定本办法。||Art. 1 To strengthen strategic planning and overall coordination of foreign aid, to standardize the administration and to improve the effectiveness of foreign aid, these measures are enacted in accordance with the relevant laws and administrative regulations.|
||第二条 本办法所称对外援助是指使用政府对外援助资金向受援方提供经济、技术、物资、人才、管理等支持的活动。||Art. 2 For the purpose of these Measures, “foreign aid” means the use of government funds for foreign aid to provide economic, technical, material, personnel, management and other support to aid recipients.|
|3||第三条 对外援助的受援方主要包括与中华人民共和国已经建立外交关系且有接受援助需要的发展中国家，以及以发展中国家为主的国际组织。||Art. 3 Foreign aid recipients mainly include developing countries that have established diplomatic relations with the People’s Republic of China and are in need of aid, as well as international organizations dominated by developing countries.|
|人道主义援助等紧急或者特殊情况下，发达国家或与中华人民共和国无外交关系的发展中国家也可作为受援方。||Humanitarian aid or [aid] in other exceptional circumstances may be provided to developed or developing countries that do not have diplomatic relations with the People’s Republic of China.|
|第四条 对外援助致力于帮助助受援方减轻与消除贫困，改善受援方民生和生态环境，促进受援方经济发展和社会进步，增强受援方自主可持续发展能力，巩固和发展与受援方的友好合作关系，促进高质量共建“一带一路”, 推动构建新型国际关系，推动构建人类命运共同体。||Art. 4 Foreign aid is dedicated to helping the recipients to reduce and eliminate poverty
|第五条 对外援助应当坚持正确义利观和真实亲诚理念，相互尊重，平等相待，合作共赢；尊重受援国主权，不干涉他国内政，不附加任何政治条件；量力而行，尽力而为，重信守诺，善始善终；因国施策，共商共建，形式多样，注重实效。||Art. 5 Foreign aid must adhere to the correct approach to justice and interests and the principles of sincerity, real results, affinity, and good faith. [It must be based on] mutual respect, treating each other as equals and mutually beneficial cooperation. [When giving foreign aid, China] respects the sovereignty of recipient countries, does not interfere in recipient countries’ internal affairs, and does not impose any political conditions. It will do the best it can within its means, and be always true in word and resolute in deed. It will adopt country-specific approaches, abide by the principles of joint consultation and joint contribution, provide foreign aid in various forms, and focus on pragmatic results.|
|(*)||第六条 国家国际发展合作署（以下简称国际发展合作署）负责拟订对外援助方针政策，推进对外援助方式改革，归口管理对外援助资金规模和使用方向，编制对外援助项目年度预决算，确定对外援助项目，监督评估对外援助项目实施情况，组织开展对外援助国际交流合作。||Art. 6 China’s Agency for Development and International Cooperation (hereinafter referred to as CIDCA) shall be responsible for drafting of foreign aid guidelines and policies; advancing reform of foreign aid modes, centrally manage the scope and use of foreign aid funds, compiling annual budgets and final accounts for foreign aid projects; ensuring implementation of foreign aid projects, as well as supervising and evaluating foreign aid projects; organizing the carrying out of international exchange and cooperation on foreign aid.|
||The Ministry of Commerce and other aid implementing departments (hereinafter referred to as “aid implementing departments”) are responsible for providing recommendations on foreign aid according to the needs of foreign aid work and undertake the specific implementation of foreign aid, negotiate and handle the specific matters of foreign aid project implementation with the recipients, bear the responsibility for project organisation and management, select the implementing bodies of foreign aid projects or dispatch foreign aid personnel, and manage the departmental foreign aid funds.|
|(*)||外交部负责根据外交工作需要提出对外援助相关建议。驻外使领馆（团）统筹管理在驻在国（国际组织）的对外援助工作，协助办理对外援助有关事务，与受援方沟通援助需求并进行政策审核，负责对外援助项目实施的境外监督管理。||The Ministry of Foreign Affairs is responsible for making proposals on foreign aid in accordance with the needs of diplomatic work. Chinese embassies and consulates (missions) co-ordinate the management of foreign aid work in the countries (international organisations) where they are based. They shall assist in handling foreign aid affairs, communicate with recipients about their aid needs and conduct policy reviews, and be responsible for on-the-ground supervision and administration of the execution of foreign aid projects.|
|(*)||第七条 国际发展合作署会同有关部门建立对外援助部际协调机制，统筹协调对外援助重大问题。||Art. 7 CIDCA shall, in conjunction with relevant departments, establish an interdepartmental aid coordination mechanism in order to plan and coordinate major foreign aid issues.|
|第八条 国际发展合作署制定统一的中国政府对外援助标识，负责标识使用的监督管理。||Art. 8 CIDCA shall establish a unified logo for the Chinese government’s foreign aid and shall be responsible for the supervision and administration of its use.
|第二章 对外援助政策规划||Chapter II Planning of Foreign Aid Policies|
|第九条 国际发展合作署会同有关部门拟订对外援助的战略方针和中长期政策规划，按照程序报批后执行。||Art. 9 CIDCA shall, in conjunction with relevant departments, draw up strategic guidelines and prepare medium and long-term foreign aid policy plans, submit them for approval and execute them upon approval.|
|(*)||第十条 国际发展合作署会同有关部门制定分国别的援助政策，按照程序报批后执行。||Art. 10 CIDCA shall, in conjunction with relevant departments, formulate country-specific aid policies, submit them for approval and execute them upon approval.|
|(*)||第十一条 国际发展合作署会同有关部门拟订对外援助总体方案和年度计划，按照程序报批后执行。||Art. 11 CIDCA shall, in conjunction with relevant departments, draft foreign aid annual plans and overall programs, submit them for approval and execute them upon approval.|
|(*)||第十二条 国际发展合作署会同有关部门研究对外援助方式的改革措施，并推动改革措施落实。||Art. 12 CIDCA shall, in conjunction with relevant departments, conduct research on steps for the reform of foreign aid modes, and drive the practical implementation of those report steps.|
|第十三条 国际发展合作署牵头推进对外援助法制化建设，与援外执行部门根据职责分工制定统一的对外援助管理制度。||Art. 13 CIDCA shall coordinate the advancement of the legalisation of foreign aid, and shall draw up a unified foreign aid management system with aid implementing departments reflecting the division of responsibilities.|
||Art. 14 CIDCA shall establish a foreign aid project reserve system, collect, review and identify country-specific foreign aid reserve projects, and implement dynamic management of reserve projects.|
|援助储备项目是编制对外援助资金计划和预算，以及对外援助项目立项的主要依据。||Foreign aid reserve projects are the main basis for drawing up foreign aid funding plans and budgets, and for project approval and initiation.|
||Art. 15 CIDCA shall be responsible for drafting foreign aid agreements, conduct negotiations with recipient countries, and sign agreements in the name of the Chinese government.|
|第三章 对外援助方式||Chapter 3: Foreign Aid Modes|
||第十六条 对外援助资金主要包括无偿援助、无息贷款和优惠贷款三种类型。||Art. 16 Foreign aid funds shall mainly include the three types, grant aid, interest-free loans and concessional loans.|
|援助主要用于受援方在减贫、减灾、民生、社会福利、公共服务、人道主义等方面的援助需求。||Grant aid shall be mainly used for aid recipients’ needs in areas such as poverty reduction, disaster relief, livelihood, social welfare, public services and humanitarian issues.|
|无息贷款主要用于受援方在公共基础设施、工农业生产等方面的援助需求。||Interest-free loans shall be mainly used for aid recipients’ needs in areas such as public infrastructure or industrial and agricultural production.|
||Concessional loans shall be mainly used for supporting the recipients’ needs in areas such as economically productive projects, resource and energy exploration projects or large-scale infrastructure construction.|
|第十七条 国际发展合作署通过南南合作基金等方式创新对外援助形式。||Art. 17 CIDCA shall innovate the forms of foreign aid through the South-South Cooperation Assistance Fund and similar funds.|
|Art. 18 Foreign aid is provided mainly in form of project aid.
Humanitarian aid or [aid] in other exceptional circumstances may be provided as cash assistance.
|15||第十九条 对外援助项目主要包括以下类型：||Art. 19 Foreign-aid projects shall be mainly provided in the following forms:|
|(一）成套项目，即通过组织或指导施工、安装和试生产全过程或其中部分阶段，向受援方提供生产生活、公共服务等成套设备和工程设施，并提供长效质量保证和配套技术服务的项目；||(1) Complete projects, i.e, through organizing and guiding a complete process or parts of the process of construction, installation and trial production, providing aid recipients with complete equipment and project facilities for areas such as production and living, or public services, as well as providing long-term quality assurance and technical service support;|
|(二）物资项目，即向受援方提供一般生产生活物资、技术性产品或者单项设备，并承担必要配套技术服务的项目；||(2) Material projects, i.e. providing aid recipients with ordinary materials for production and living, technical products or single equipment, and undertaking of necessary supporting technical services;|
|(*)||(三）技术援助项目，即综合采用选派专家、技术工人或者提供策和技术咨询、设备等手段帮助受援方实现某一特定政策、管理或者技术目标的项目；||(3) Technical assistance projects, i.e. comprehensively employing such means as selecting experts or technicians and providing policy and technical advice and equipment to assist the aid recipients in realizing specific policy, management or technical objectives;|
|(四）人力资源开发合作项目，即为受援方人员提供各种形式的学历学位教育、研修培训、人员交流以及高级专家服务的项目；||(4) Human resource development and cooperation projects, i.e. providing aid recipients with various forms of academic and degree education, advanced studies and training, personnel exchange and senior expert service;|
|(五) 志愿服务项目，即选派志愿者到受援方从事公益性服务的项目；||(5) Volunteer programs, i.e. selection of volunteers to provide public services in aid recipient countries;|
|(六) 援外医疗队项目，即选派医务服务人员，并无偿提供部分医疗设备和药品，在受援方进行定点或者巡回医疗服务的项目；||(6) Foreign aid medical team projects, i.e. sending medical service personnel and providing part of the medical equipment and drugs free of charge, to carry out on-site or mobile medical services in recipient countries;|
|(七) 紧急人道主义援助项目，即在有关国家遭受人道主义灾难的情况下，通过提供紧急救援物资、现汇或者派出救援人员等实施救助的项目；||(7) Emergency humanitarian assistance projects, i.e. projects for countries affected by humanitarian disasters to provide relief through the provision of emergency supplies, cash remittances or sending rescue workers；|
|(*)||(八) 南南合作援助基金项目，即使用南南合作援助基金，支持国际组织、社会组织、智库等实施的项目。||(8) South-South Cooperation Assistance Fund Projects, i.e. the use of the South-South Cooperation Assistance Fund to support projects implemented by international organizations, social organizations, think tanks, etc.|
||第二十条 对外援助项目一般通过政府间援助方式实施，主要有以下方式：||Art. 20 Foreign aid projects are generally implemented through intergovernmental aid, mainly in the following ways:|
|（一）中方负责实施；||(1) Implementation by the Chinese side;|
|(*)||（二）中方与受援方按商定分工合作实施；||(2) Implementation by the Chinese side and recipient side in joint cooperation based on an agreed devision of labour;|
|(*)||（三）在落实中方外部监督的前提下由受援方自主实施；||(3) Independent implementation by the recipient side under the external supervision of the Chinese side;
|(*)||（四）中方也可以同其他国家、国际组织、非政府组织等合作实施。||(4) The Chinese side may also cooperate with other countries, international organisations, NGOs etc. for implementation.|
|第二十一条 加强对外援助资金管理、援外优惠贷款管理，有关规定另行制定。||Art. 21 Provisions for strenghening the administration of foreign aid funds and the administration of foreign aid concessional loans will be formulated separately.|
||Chapter 4: Initiation of Foreign Aid Projects|
|(*)||第二十二条 受援方有援助需求时，应当将项目建议通过驻外使领馆（团）向中方提出，驻外使领馆（团）对受援方提出的项目建议进行国别政策审核并形成明确意见后报外交部和国际发展合作署，并抄报援外执行部门。||Art. 22 When a recepient has a need for assistance, it shall submit its project proposal to the Chinese side through the Chinese embassy or consulate (mission). The embassy or consulate (mission) shall conduct a country policy review of the submitted project proposal, formulate a definitive opinion and then report it to the Ministry of Foreign Affairs and CIDCA, with a copy to the foreign aid implementation department(s).|
|援外执行部门可以根据工作需要向国际发展合作署提出项目建议。||Foreign aid implementing departments can submit project proposals according to their specific work needs.|
|Art. 23 Foreign aid project shall undergo feasibility studies before they are initiatiated.
The Chinese side may request the recipient to provide relevant information on the proposed project as a prerequisite for feasibility study.
|第二十四条 国际发展合作署组织项目前期论证，根据可行性研究结果确定项目，并按照程序批准立项。||Art. 24 CIDCA shall organise early-stage project demonstration, decide upon projects based on feasiblity studies, and ratify project initiation in accordance with procedures.|
||第二十五条 对外援助项目立项后，国际发展合作署一般应当与受援方商签政府间立项协议，明确协议各方的权利和义务，主要包括项目内容、资金安排、实施配套条件、相关税收减免、安全保障等。||Art. 25 After a Foreign aid project is approved, CIDCA shall generally sign an intergovernmental project establishment agreement with the aid recipient. It shall clarify the rights and obligations of the parties to the agreement, in particular the project content, funding arrangements, implementation support conditions, relevant tax exemptions, security guarantees, etc.|
|20||第二十六条 对外援助项目实施过程中涉及立项协议内容重大调整的，国际发展合作署按照程序报批后可以进行调整并与外方签订补充立项协议。||Art. 26 If it becomes apparent during project implementation that major adjustments to the original implementation agreement are necessary, CIDCA shall submit a request for approval of adjustments to its higher authority [State Council] according to the procedures, and upon approval may execute adjustments and sign a supplement to the implementation agreement with the recepient.|
|援外执行部门可以向国际发展合作署提出调整的建议。||Foreign aid implementing departments may make recommendations for adjustment to CIDCA.|
|(*)||第二十七条 中方同其他国家、国际组织、非政府组织等合作实施的对外援助项目，国际发展合作署一般应当与合作方商签合作协议，明确各方权利义务。||Art. 27 In foreign aid projects implemented by China in cooperation with other countries, international organisation or NGOs, CIDCA shall normally negotiate and sign cooperation agreements with the partners to clarify the rights and obligations of each party.|
|21||第二十八条 优惠贷款项下的对外援助项目，国际发展合作署应当在承办金融机构出具评审意见后按照程序，并与受援方签署优惠贷款框架协议。||Art. 28 For Foreign aid projects under concessional loans, CIDCA shall decide on approval on the project approval according to the procedures following the assessment opinion of the implementing financial institution and sign the concessional loan framework agreement with the recepient.
|第二十九条 人道主义灾难发生后，国际发展合作署会同有关部门拟订紧急援助方案，并办理立项。||Art. 29 In the aftermath of humanitarian disasters, CIDCA shall work with relevant departments to formulate and approve emergency assistance programmes.|
|第五章 对外援助实施管理||Chapter 5: Implementation Management of Foreign Aid Projects|
||Art. 30 CIDCA shall organise the implementation of projects through foreign aid implementing departments in accordance with the existing division of labour.|
|22||援外执行部门依据立项批准内容组织实施对外援助项目，对对外援助项目的安全、质量、进度、投资控制等负责，可以委托有关机构组织实施管理。||Foreign aid implementing departments shall organize the implementation of aid projects according to the approved project description, and are responsbile for the safety, quality, progress, investment controlling of foreign aid projects. They can entrust relevant agencies to organize and implement project management.|
|第三十一条 国际发展合作署会同有关部门推动重大项目实施，协调解决项目实施中的问题。||Art. 31 CIDCA shall work with relevant department to promote the implementation of major projects and coordinate the resolution of problems that arise during project implementation.|
|25||第三十二条 国际发展合作署和商务部按照职责分工对对外援助项目实施主体资格进行管理，制定有关管理制度。||Art. 32 CIDCA and MOFCOM shall, according to their respective functions and responsibilities, administer the qualifications of the parties implementing foreign aid projects and establish appropriate management systems.
||第三十三条对外援助项目由中方负责实施的，援外执行部门依照相关法律法规选定具体项目实施主体。||Art. 33 If the Chinese side bears the responsibility for the implementation of a foreign aid project, foreign aid implementing departments shall be responsible for selecting the specific party to implement the project according to the law and through competitive bidding.
||第三十四条 对外援助项目实施主体不得将所承担的任务转包或者违法分包。||Art. 34 Chinese parties implementing foreign aid projects may not assign or illegally subcontract its responsibilities.
||第三十五条 对于无偿援助和无息贷款项下的援助项目，援外执行部门一般应当与受援方商签对外援助项目实施协议，明确规定对外援助项目实施的具体事宜和双方权利义务||Art. 35 If the aid project is classified as grant aid or interest free loan, generally each aid executing department shall sign a foreign aid project implementation agreement with the aid recipient. [The agreement] shall specify detailed arrangements for the implementation of the foreign aid project as well as rights and obligation of both sides.|
|第三十六条 对于无偿援助和无息贷款项下的援助项目，援外执行部门一般应当与实施主体商签对外援助项目实施合同，明确规定对外援助项目实施的具体事宜和双方权利义务。||Art. 36 If the aid project is classified as grant aid or interest free loan, generally each aid executing department shall sign a foreign aid project implementation contract with the implementing party. [The contract] shall specify detailed arrangements for the organization and implementation of the foreign aid project as well as rights and obligation of both sides.|
|33||第三十七条 因外交、国家安全或者承担的国际义务等原因，或者因不可抗力导致对外援助项目无法实施时，国际发展合作署按照程序报批后可以中断或者终止对外援助项目。||Art. 37 If a foreign aid project cannot be implemented due to reasons such as diplomacy, national security or international obligations, or due to force majeure, CIDCA may suspend or terminate the foreign aid project after submitting an application for approval in accordance with procedures.|
|援外执行部门可以向国际发展合作署提出中断或者终止对外援助项目的建议。||Foreign aid implementing departments may recommend to CIDCA to suspend or terminate foreign aid projects.|
|第三十八条 对外援助项目执行完毕后，中方一般应当与受援方办理政府间交接手续，商签政府间交接证书。||Art. 38 Upon completion of a foreign aid project, the Chinese side shall, in general, go through the intergovernmental handover procedures with the recipient and negotiate and sign an intergovernmental handover certificate.|
|30||第三十九条 国际发展合作署、援外执行部门会同有关部门建立对外援助出口物资口岸验放机制。||Art. 39 CIDCA and foreign aid implementing departments shall, in conjunction with relevant departments under the State Council, establish a mechanism for customs inspection and release of export materials for foreign aid.|
||除涉及国家实施出口管制的货物、技术、服务等物项外，对外援助物资出口不纳入配额和许可证管理。||Except for goods, technologies, services and other items subject to export control by the state, the export of foreign aid materials shall not be included in quota and licensing administration.|
|34||第四十条对外援助资金应当专款专用、单独核算，任何单位和个人不得挪作他用。||Art. 40 Foreign aid funds shall be used for designated purposes only, and be subject to separate accounting. No entity or individual shall misappropriate the funds.|
|38, 39, 40||第四十一条 对外援助人员是指政府或者对外援助项目实施主体派遣执行对外援助任务的人员。对外援助人员在外执行对外援助任务期间享有国家规定的待遇保障。对外援助人员在受援方当地执行对外援助任务期间应当遵守中国和受援方的法律法规，尊重受援方的风俗习惯。||Art. 41 Foreign aid personnel refers to personnel sent by the government or the implementing party of a foreign aid project to carry out foreign aid tasks. Foreign aid personnel are entitled to the treatment and protection stipulated by the state during their foreign aid missions. Foreign aid personnel shall abide by the laws and regulations of China and the recipient country, and respect the customs and practices of the recipient country during the execution of foreign aid missions in the recipient country.|
|42||对外援助项目实施主体应当加强对对外援助人员的管理和监督，按照有关规定保证其派遣的对外援助人员在外执行对外援助任务期间享有相应的工作和生活待遇及人身意外伤害保障。||The implementing party of a foreign aid project shall have a strong management and supervision of foreign aid personnel, and ensure that the foreign aid personnel they dispatch enjoy appropriate work and living allowances and personal accident injury protection during their foreign aid missions in accordance with relevant regulations.
|44||对外援助人员在执行对外援助任务期间作出突出贡献的，国际发展合作署和援外执行部门可以依法给予表彰。在执行对外援助任务期间牺牲的，国际发展合作署和援外执行部门可以依法报请有关部门评定为烈士。||CIDCA and foreign aid implementing departments may, in accordance with the law, commend foreign aid personnel who have made outstanding contributions during the execution of foreign aid missions. If a foreign aid worker dies while carrying out a foreign aid mission, CIDCA and the foreign aid implementing department may, in accordance with the law, report to the relevant authorities so that they may classify them as a fallen hero.
|36||第四十二条 对于对外援助项目实施主体的违法违规行为，任何单位和个人可以依法向国际发展合作署和援外执行部门投诉或者举报。||Art. 42 Any unit or individual may file a complaint or report to CIDCA and the foreign aid implementation department for any violation of law or regulation by implementing party of a foreign aid project.
|第六章 对外援助监督和评估||Chapter 6: Foreign Aid Supervision and Evaluation|
||Art. 43 CIDCA, in conjunction with foreign aid implementation departments, shall establish an oversight system for the implementation of foreign aid projects and monitor the implementation of foreign aid projects.
||第四十四条 国际发展合作署会同援外执行部门建立对外援助项目评估制度，制定对外援助项目实施情况评估标准，组织开展评估。||Art. 44 CIDCA, in conjunction with foreign aid implementation departments, shall establish a system for the evaluation of foreign aid projects, develop criterea for evaluating the implementation of foreign aid projects, and organize evaluations [i.e. CIDCA likely does not carry out evaluation itself].
||第四十五条 国际发展合作署会同援外执行部门建立对外援助项目实施主体诚信评价体系，按照职责分工对实施主体参与对外援助项目过程中的行为进行信用评价和管理。||Art. 45 CIDCA, in conjunction with foreign aid implementation departments, shall establish an integrity [synonym for corruption] rating system for the parties involved in the implementation of foreign aid projects, and, in accordance with the division of responsibilities, conduct reputation assessments and issue conduct instructions the course of their participation in foreign aid projects|
|(*)||第四十六条 国际发展合作署会同援外执行部门建立对外援助项目信息报送制度。||Art. 46 CIDCA, in conjunction with foreign aid implementation departments, shall establish a foreign aid project intformation reporting system.
|援外执行部门向国际发展合作署报送对外援助项目组织实施情况，以及项目组织实施过程中出现的质量、安全、进度和投资控制等重大问题。||Foreign aid implementing departments shall report to CIDCA on the organisation and implementation of foreign aid projects, as well as major issues such as safety, quality, progress, investment controlling that arise during the organisation and implementation of the projects.|
|驻外使领馆（团）向国际发展合作署、外交部和援外执行部门报送对外援助项目境外监管中发现的质量、安全、进度和投资控制等重大问题。||Embassies and consulates (missions) shall report to CIDCA, the MFA and foreign aid implementing departments on major issues of quality, safety, progress and investment controlling identified during the on-the-ground supervision of foreign aid projects.|
|第四十七条 国际发展合作署会同援外执行部门依法建立对外援助统计制度，收集、汇总和编制对外援助统计资料。||Art. 47 CIDCA, in conjunction with foreign aid implementation departments, shall set up a statistical system [i.e. rules for compiling and keeping statistics] for foreign aid in accordance with the law, and collect, summarize and prepare statistical data on foreign aid.|
|(*)||援外执行部门、省级人民政府有关部门、有关单位应当按照对外援助统计制度，定期向国际发展合作署报送统计数据及相关信息。||Foreign aid implemeting departments, relevant departments of provincial governments, and relevant units [e.g. SOEs, public institutions] shall in accordance with the foreign aid statistical system, regularly report statistical data and related information to CIDCA.|
|第七章 法律责任||Chapter 7: Legal Liability
|第四十八条 对外援助项目实施主体有下列行为之一的，国际发展合作署、援外执行部门依职权给予警告或者通报批评，可以并处人民币3万元以下罚款，并依法公开处罚决定：||Art. 48 If an implementing party of a foreign aid project commits any of the following conduct, CIDCA or a foreign aid implementing department shall, in accordance with its functions and powers, issue a warning or a notice of criticism and impose a fine of not more than 30,000 yuan, and make the penalty decision public in accordance with law:|
|（一）将所承担的对外援助项目任务转包或者违法分包的；||(1) if the responsibility for a foreign aid project is transferred or illegally subcontracted;|
|（二）未按对外援助项目实施合同履行义务或者迟延履行义务，影响项目正常实施，造成严重不良影响的；||(2) if there is a failure to fulfill obligations according to the foreign aid project implementation contract or if there are delays in the fulfillment of obligations, which affect the normal implementation of the project and cause serious adverse effects;|
|（三）挪用对外援助资金的；||(3) if foreign aid funds are misappropriated;|
|（四）未按规定保证外派对外援助人员工作和生活待遇，未提供人身意外伤害保障的。||(4) if the work and living allowances of foreign aid personnel sent abroad, or personal accident injury protection are not provided according to regulations.|
|对外援助项目实施主体违反相关法律、行政法规规定的，依照规定给予行政处罚；构成犯罪的，依法追究刑事责任。||If an implementing party of a foreign aid project violates any relevant law or administrative regulation, it shall be sibject to an administrative penalty in accordance with the provisions; if the violation constitues a crime, it shall be subject to criminal liability in accordance with law.|
||第四十九条 国际发展合作署、援外执行部门和驻外使领馆（团）的工作人员在对外援助管理中有下列行为之一的，视情节轻重给予相应处分；构成犯罪的，依法追究刑事责任：||Art. 49 If a staff member of CIDCA, a foreign aid implemeting department or a Chinese embassy or consulate (mission) engages in any of the following conduct during foreign aid administration, s/he shall receive corresponding penalty 7 to the seriousness of the circumstances. If the case constitutes a crime, the criminal liability shall be investigated according to law:|
|（一）利用职务便利索取他人财物，或者非法收受他人财物为他人谋取利益的；||(1) Taking advantage of one’s position to extort profit, or illegally accepting the money or for the benefit of other people;|
|（二）滥用职权、玩忽职守或者徇私舞弊，致使国家利益遭受损失的；||(2) Misuse of authority, neglect of duty or favoritism, and causing losses to state interests;|
|（三）泄露国家秘密的。||(3) Divulging state secrets.|
||Chapter 8: Supplementary Provisions
|49||第五十条 对外军事援助，按照国家和军队有关规定执行。||Art. 50 Foreign military assistance shall be carried out in accordance with the relevant national and military regulations.|
|第五十一条 本办法自2021年10月1日起施行。商务部《对外援助管理办法（试行）》（商务部令2014年第5号）同时废止。||Art. 51 These Measures shall come into force on 1 October 2021. The Measures for the Administration of Foreign Aid (for Trial Implementation) of the Ministry of Commerce (Order No. 5 of 2014 of the Ministry of Commerce) shall be repealed simultaneously.|
Two more final observations:
On the nature of the document itself. In contrast to the 2014 MOFCOM Aid Measures, the 2021 Aid Measures are no longer “experimental/for trial implementation” (试行). Policy experimentation is a distinct mode of reform governance in China, and one of its central features are provisional regulations, or “quasi-law”, which are marked as “provisional” (暂行) or “experimental” (试行) in their titles, signifying that they are open for policy modification and will be finalised only after obtaining sufficient experience during the trial period. Nearly two-thirds of all legal provisions on China’s foreign aid issued after 1995 were provisional, which means that since then Chinese aid system has been in policy experimentation mode. It seems that (for now at least) this phase has ended, and the Chinese government expects the set-up introduced in the new Aid Measures to stay. However, this does not mean that foreign aid reforms are over: The Measures stipulate that CIDCA shall work on further reforming China’s foreign aid system (Art. 12) and on foreign aid legislation (Art. 13), whose absence, Chinese scholars frequently argue, is one of the causes of the fragmentation and lack of transparency in China’s foreign aid system.
On newly added basic principles of foreign aid. The description of basic principles of China’s foreign aid in the 2014 Measures (as well as in the 2011 and 2014 Foreign Aid White Papers) consisted of the “Eight Principles of China’s Economic and Technical Aid” spelt out by Zhou Enlai in 1964 during an Africa tour, and the “Four Principles of Economic and Technical Cooperation” of 1984, spelt out by Zhao Ziyang, also during an Africa tour. This canon has now been expanded to include Xi Jinping thought (Art .5), namely “adhering to the correct approach to justice and interests” (坚持正确义利观). According to an essay by CIDCA’s new director Luo Zhaohui 罗照辉, published in the People’s Daily (人民日报) to commemorate the 70th anniversary of Chinese aid, Xi’s “correct approach to justice and interests” is as important a contribution to Chinese foreign aid as Zhou’s Eight Principles. The “correct approach to justice and interests” means “upholding justice while pursuing shared interests with giving priority to justice” (义利并举、以义为先). Official translations also sometimes translate 义 as “righteousness” and 利 as “benefit”. The concept was first brought up by Xi Jinping during his visit to Africa in March 2013 and is now named as a core principle of Xi’s thought on diplomacy. Official sources define it as: showing more consideration for the interests of poor countries; seeking mutual benefits rather than zero-sum games (which Chinese diplomats often accuse the US of); providing aid at the expense of their own interests when needed, and not shading their interests to China’s advantage.
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