PPP project model of the nature of the preliminary costs of the contract government owners of the organization can be a witness of the contract unit

Government and social capital cooperation mode operation guide (for trial implementation) Chapter I General Provisions Article 1 In order to promote the use of government and social capital cooperation mode (Public-Private Partnership, PPP) in a scientific and standardized manner, according to the "Chinese People's *** and the State Budget Law", "Chinese People's *** and the State Government Procurement Law", "Chinese People's *** and the State Contract Law ", "Opinions of the State Council on Strengthening the Management of Local Government Sexual Debt" (Guo Fa [2014] No. 43), "Decision of the State Council on Deepening the Reform of the Budget Management System" (Guo Fa [2014] No. 45), and "Circular of the Ministry of Finance on the Issues Relating to the Popularization and Application of the Government-Social Capital Cooperation Mode" (Cai Jin [2014] No. 76), and other laws, rules, regulations, and normative documents. This guide is formulated.　Article 2 The social capital referred to in this guide refers to domestic and foreign enterprise legal persons that have established modern enterprise system, but excluding financing platform companies and other controlling state-owned enterprises belonging to the government at this level.　Article 3 These Guidelines shall be applicable to regulating the activities of the government, social capital and other participants in identifying, preparing, procuring, executing and transferring government and social capital cooperation projects.　Article 4 The financial departments shall, in accordance with the basic principles of the socialist market economy and the spirit of system innovation and cooperative contract, strengthen the coordination with relevant government departments, actively play the role of third-party professional organizations, and comprehensively coordinate the management of government and social capital cooperation.　The financial departments of provinces, autonomous regions, municipalities directly under the central government, municipalities with separate plans and Xinjiang Production and Construction Corps shall actively set up government and social capital cooperation centers or designate specialized agencies to perform duties such as planning and guidance, financing support, identification and evaluation, consulting services, publicity and training, performance evaluation, information and statistics, and the construction of expert and project libraries.　Article 5 Each participant shall implement government and social capital cooperation projects in accordance with the principles of fairness, impartiality, openness and honesty and creditworthiness, in accordance with the law, standardization and high efficiency.　Chapter II Project Identification Article 6 Infrastructure and public ****service projects with large investment scale, long-term stable demand, flexible price adjustment mechanism, and high degree of marketization are suitable for adopting the government and social capital cooperation mode.　Government and social capital cooperation projects are initiated by the government or social capital, with the government initiating the project.　(i) Government-initiated.　The finance department (government and social capital cooperation center) shall be responsible for soliciting potential government and social capital cooperation projects from the competent authorities of industries such as transportation, housing and construction, environmental protection, energy, education, medical care, sports and fitness, and cultural facilities. Industry authorities may select potential projects from new construction, reconstruction projects or stock of public **** assets in national economic and social development plans and industry-specific plans.　(ii) Social capital initiation.　Social capital shall recommend potential government and social capital cooperation projects to the financial department (government and social capital cooperation center) in the form of project proposals.　Article 7 The financial department (government and social capital cooperation center), in conjunction with the competent industry department, shall evaluate and screen the potential government and social capital cooperation projects and determine the alternative projects. The financial department (government and social capital cooperation center) shall formulate the annual and medium-term development plan of the project based on the screening results.　For projects included in the annual development plan, the project sponsor shall submit relevant information as required by the finance department (government and social capital cooperation center). New construction and reconstruction projects shall submit feasibility study reports, project output descriptions and preliminary implementation plans; stock projects shall submit historical information on stock public **** assets, project output descriptions and preliminary implementation plans.　Article 8 The financial department (government and social capital cooperation center), in conjunction with the competent industry departments, shall carry out value-for-money evaluation work in both qualitative and quantitative aspects. The quantitative evaluation work is carried out by localities according to the actual situation.　The qualitative evaluation focuses on whether the adoption of the government and social capital cooperation mode for the project can increase supply, optimize risk allocation, improve operational efficiency, and promote innovation and fair competition compared with the adoption of the government's traditional procurement mode.　The quantitative evaluation mainly calculates the value-for-money quantitative value of the project by comparing the present value of the cost of government expenditures over the whole life cycle of the government-social capital cooperation project with the comparative value of the public *** sector, and determines whether the government-social capital cooperation model reduces the cost of the project over the whole life cycle.　Article 9 In order to ensure fiscal sustainability in the medium and long term, the financial department shall, based on factors such as fiscal expenditure and government debt during the whole life cycle of the project, carry out a fiscal affordability demonstration for projects with partial government payment or government subsidy, and the fiscal expenditure such as government payment or government subsidy shall not exceed a certain percentage of the fiscal revenue of the current year each year.　Through the value-for-money evaluation and financial affordability demonstration of the project, project preparation can be carried out.　Chapter III Project Preparation Article 10 The local people's government at or above the county level may establish a special coordination mechanism, mainly responsible for project evaluation, organization and coordination, and inspection and supervision, etc., so as to achieve the purpose of simplifying the approval process and improving work efficiency. The government or its designated relevant functional departments or institutions may act as the project implementation agency, responsible for project preparation, procurement, supervision and transfer.　Article 11 The project implementation agency shall organize the preparation of the project implementation plan, in order to introduce the following contents: (a) project overview.　The project profile mainly includes the basic situation, economic and technical indicators and the equity situation of the project company.　The basic situation mainly specifies the content of the public **** products and services provided by the project, the necessity and feasibility of the project adopting the mode of operation of the government and social capital cooperation, as well as the objectives and significance of the project operation.　The economic and technical indicators mainly clarify the project location, site area, construction content or asset scope, investment scale or asset value, description of major outputs and funding sources.　The equity situation of the project company mainly specifies whether the project company is to be established and the equity structure of the company.　(ii) Basic framework for risk allocation.　According to the principles of optimization of risk allocation, reciprocity of risk and return, and controllability of risk, and taking into account the government's risk management capability, the project return mechanism and the market's risk management capability, the project risk is reasonably allocated between the government and the social capital.　In principle, commercial risks such as project design, construction, finance and operation and maintenance shall be borne by the social capital, risks such as legal, policy and minimum requirements shall be borne by the government, and risks such as force majeure shall be reasonably*** borne by the government and the social capital.　(iii) Project operation mode.　Project operation modes mainly include entrusted operation, management contract, build-operate-transfer, build-own-operate, transfer-operate-transfer and reconstruction-operate-transfer.　The selection of the specific operation mode is mainly determined by the toll pricing mechanism, the level of project investment return, the basic framework of risk allocation, financing needs, reconstruction and expansion needs, and disposal at the end of the term.　(iv) Transaction structure.　The transaction structure mainly includes the project investment and financing structure, return mechanism and relevant supporting arrangements.　The project investment and financing structure mainly describes the source, nature and use of funds for capital expenditures of the project, and the formation and transfer of project assets.　The return mechanism of the project mainly describes the source of funds for the social capital to obtain the return on investment, including the payment methods of user fee, feasibility gap subsidy and government fee.　Relevant supporting arrangements mainly explain the supporting facilities such as land, water, electricity, gas and roads provided by relevant organizations outside the project and the upstream and downstream services required by the project.　(v) Contract system.　The contract system mainly includes the project contract, shareholders' contract, financing contract, engineering contract, operation service contract, raw material supply contract, product procurement contract and insurance contract. The project contract is the most central legal document among them.　The project boundary conditions are the core content of the project contract, mainly including the boundary of rights and obligations, transaction conditions, performance guarantee and adjustment convergence.　The rights and obligations boundary mainly specifies the ownership of project assets, the public **** responsibility of social capital, the government's payment method and risk allocation results.　The transaction conditions boundary mainly specifies the duration of the project contract, the project return mechanism, the fee pricing adjustment mechanism and the output description.　The performance guarantee boundary mainly specifies the mandatory insurance program and the performance bond system consisting of investment competition bond, construction performance bond, operation and maintenance bond and handover maintenance bond.　The boundary of adjustment and convergence mainly specifies the response measures such as disposal, temporary takeover and early termination, contract change, contract extension, and the demand for new alteration and expansion of the project in response to China's disposal.　(vi) Regulatory framework.　Regulatory framework mainly includes the authorization relationship and regulatory approach. The authorization relationship is mainly the authorization of the government to the project implementation agency, and the authorization of the government to the social capital either directly or through the project implementation agency; the supervision mode mainly includes performance management, administrative supervision and public supervision.　(vii) Choice of procurement method.　Project procurement shall be carried out in accordance with the Law of the People's Republic of China on Government Procurement of the People's Republic of China*** and the relevant rules and regulations, and the procurement methods shall include open tendering, competitive negotiation, invitational tendering, competitive negotiation and single-source procurement. The project implementation agency shall select the appropriate procurement method in accordance with the law, based on the characteristics of the project's procurement requirements.　Open bidding is mainly applicable to projects where the core boundary conditions and technical and economic parameters are clear and complete, in compliance with national laws and regulations and government procurement policies, and where no changes are to be made in the procurement.　Article 12 The financial department (government and social capital cooperation center) shall carry out value-for-money and financial affordability verification of the project implementation plan, and if it passes the verification, the project implementation agency shall report to the government for examination and approval; if it fails to pass the verification, it can be re-validated after the adjustment of the implementation plan; and if it fails to pass the re-validation, it shall no longer adopt the government and social capital cooperation mode.　Chapter IV Project Procurement Article 13 The project implementation agency shall prepare pre-qualification documents according to the needs of the project, issue a pre-qualification announcement, invite the social capital and financial institutions cooperating with it to participate in the pre-qualification, verify whether the project can obtain the response of the social capital and realize full competition, and submit the evaluation report of the pre-qualification to the finance department (government and social capital cooperation center) for record.　If more than three social capitals of the project pass the pre-qualification, the project implementation agency may continue to carry out the preparation of procurement documents; if less than three social capitals of the project pass the pre-qualification, the project implementation agency shall re-organize the pre-qualification after the adjustment of the implementation plan; if there are still less than three qualified social capitals of the project after the re-qualification, the procurement method selected in the implementation plan may be adjusted in accordance with the law.　Article 14 The pre-qualification announcement shall be published in the media designated by the financial department of the people's government at or above the provincial level. If the pre-qualified social capital changes its qualifications before signing the project contract, it shall promptly notify the project implementation organization.　The pre-qualification announcement shall include the authorizing body of the project, the project implementation agency and the name of the project, the procurement requirements, the qualification requirements for the social capital, whether or not consortia are allowed to participate in the procurement activities, the number of qualified social capitals to be determined to participate in the competition and the method of determining the number of qualified social capitals, as well as the time and place where the social capitals can submit the pre-qualification application documents. The time for submitting pre-qualification application documents shall not be less than 15 working days from the date of publication of the announcement.　Article 15 The procurement documents of the project shall include the procurement invitation, instructions for competitors (including sealing, signing and stamping requirements, etc.), qualifications, credentials and performance documents to be provided by the competitors, the procurement method, the authorization of the government to the project implementation agency, the approval of the implementation plan and the relevant approval documents of the project, the procurement procedures, the requirements for the preparation of the response documents, the deadline for submission of the response documents, the opening time and place, the mandatory The amount and form of security deposit, evaluation method, evaluation criteria, government procurement policy requirements, draft project contract and other legal texts.　If the procurement method of competitive negotiation or competitive consultation is adopted, the procurement documents of the project shall, in addition to the contents stipulated in the preceding paragraph, specify the contents that may be substantively changed by the evaluation panel in accordance with the negotiation with the social capital, including the technical and service requirements in the procurement needs and the terms of the draft contract.　Article 16 The evaluation panel shall consist of representatives of the project implementation agency and evaluation experts *** more than 5 persons in odd numbers, of which the number of evaluation experts shall not be less than 2/3 of the total number of members of the evaluation panel. the evaluation experts may be selected by the project implementation agency on its own, but the evaluation experts shall include at least 1 financial expert and 1 legal expert. Representatives of the project implementation organization shall not participate in the evaluation of the project in the capacity of evaluation experts.　Article 17 Where a project adopts public tendering, invited tendering, competitive negotiation or single-source procurement to carry out procurement, it shall be implemented in accordance with the laws and regulations on government procurement and relevant provisions.　If the project adopts the competitive consultation procurement method to carry out procurement, it shall be carried out in accordance with the following basic procedures: (1) Procurement announcement and registration.　The announcement of competitive consultation shall be published in the media designated by the financial department of the people's government at or above the provincial level. The competitive consultation announcement shall include the name of the project implementation organization and the project, the structure and core boundary conditions of the project, whether social capital without pre-qualification is allowed to participate in the procurement activities, as well as the principles of review, a description of the project outputs, the requirements of the response documents provided by the social capital, the time, place, and method of obtaining the procurement documents and the selling price of the procurement documents, and the deadline for submitting the response documents, the time and place of opening. The time for submitting response documents shall not be less than 10 days from the date of publication of the announcement.　(ii) Qualification examination and sale of procurement documents.　Where pre-qualification has been conducted, the evaluation panel will not review the qualifications of the social capital at the evaluation stage. If post-qualification is allowed, the evaluation panel will examine the qualifications of the social capital in the evaluation of response documents. The project implementation agency may, depending on the specific circumstances of the project, organize an inspection and verification of the qualification conditions of the eligible social capital.　The selling price of the procurement documents shall be determined in accordance with the principle of covering the cost of printing the procurement documents, and shall not be for profit, and shall not be based on the procurement amount of the project as the basis for determining the selling price of the procurement documents. The period for the sale of the procurement documents shall not be less than five working days from the date of commencement.　(iii) Clarification or modification of the procurement documents.　Prior to the deadline for submission of first response documents, the project implementation agency may make necessary clarifications or modifications to the issued procurement documents, which shall be an integral part of the procurement documents. If the clarification or modification may affect the preparation of response documents, the project implementation agency shall notify all social capitals that have obtained the procurement documents in writing at least 5 days before the deadline for submitting the first response documents; if it is less than 5 days, the project implementation agency shall extend the deadline for submitting the response documents.　(iv) Evaluation of response documents.　The project implementation agency shall organize the receipt and opening of response documents in accordance with the provisions of the procurement documents.　The evaluation team shall conduct a two-stage evaluation of the response documents: Stage 1: Determine the final procurement requirements program. The evaluation team may conduct multiple rounds of negotiations with the social capital, during which the technical and service requirements of the procurement documents as well as the terms of the draft contract may be substantively revised, but the non-negotiable core conditions stipulated in the procurement documents shall not be revised. Substantial changes shall be confirmed by the project implementation organization and notified to all social capitals involved in the negotiations. Specific procedures shall be implemented in accordance with the Measures for the Administration of Non-tendering Methods of Government Procurement and relevant regulations.　Stage 2: Comprehensive scoring. After the final procurement demand program is determined, the evaluation team shall conduct comprehensive scoring on the final response documents submitted by the social capital, prepare the evaluation report and submit the ranked list of candidate social capitals to the project implementation agency. The specific procedures shall be carried out in accordance with the Measures for the Administration of Bidding and Tendering for Government Procurement of Goods and Services and relevant regulations.　Article 18 The project implementation agency shall set out in the pre-qualification announcement, procurement announcement, procurement documents and procurement contract the preferential measures and the magnitude of preferential measures for the domestic social capital, the requirements for the procurement of goods and services produced in China by the foreign social capital and other relevant government procurement policies, as well as the mandatory guarantee requirements for the participation of the social capital in the procurement activities and the performance guarantee. The social capital shall pay the security deposit in non-cash form such as check, money order, cashier's check or guarantee letter issued by financial institutions or guarantee institutions. The amount of the security deposit for participation in procurement activities shall not exceed 2% of the project budget amount. The amount of the performance bond shall not exceed 10% of the total initial investment or the appraised value of assets of the government and social capital cooperation project. For a service-oriented cooperation project without fixed asset investment or with a small investment amount, the amount of the performance bond shall not exceed the amount of service income for an average of six months.　Article 19 The project implementation agency shall organize the social capital to conduct on-site inspection or hold a pre-procurement question-and-answer session, but it shall not organize on-site inspection and question-and-answer session attended by only one social capital alone or separately.　Article 20 The project implementation agency shall set up a special negotiation working group for confirmation of procurement results. According to the ranking of the candidate social capitals, it shall, in turn, conduct confirmation negotiations with the candidate social capitals and the financial institutions cooperating with them on the variable details of the contract prior to the signing of the contract, and the one who reaches an agreement first shall be the successful candidate. The confirmation negotiation shall not involve the non-negotiable core clauses of the contract, and shall not renegotiate with the social capital ranked first but whose negotiation has been terminated.　Article 21 Upon completion of the confirmation negotiation, the project implementation agency shall sign a memorandum of confirmation negotiation with the selected social capital, and publicize the procurement results and the contract text drawn up on the basis of the procurement documents, the response documents, the addendum documents and the memorandum of confirmation negotiation for a period of not less than five working days. The contract text shall include important commitments and technical documents in the response documents of the selected social capital as annexes. The contents of the contract text involving state secrets and commercial secrets may not be publicized.　The project contract with no objection after the expiration of the publicity period shall be signed by the project implementation organization and the selected social capital after the government's review and approval.　If it is necessary to set up a specialized project company for the project, after the project company is established, the project company and the project implementation agency shall re-sign the project contract, or sign a supplementary contract on succeeding the project contract.　The project implementing agency shall, within 2 working days from the date of signing the project contract, announce the project contract in the media designated by the financial department of the people's government at or above the provincial level, except for the content of the contract involving state secrets and commercial secrets.　Article 22 The financial departments of the people's governments at all levels shall strengthen the supervision and inspection of the procurement activities of PPP projects, and deal with the illegal and irregular behaviors in the procurement activities in a timely manner.　Chapter V Project Implementation Article 23 The social capital may set up a project company in accordance with the law. The government may designate relevant organizations to participate in the project company in accordance with the law. The project implementation agency and the financial department (government and social capital cooperation center) shall supervise the social capital to fully fund the project company on time in accordance with the procurement documents and the project contract.　Article 24 The social capital or project company shall be responsible for project financing. The social capital or the project company shall carry out the design of the financing scheme, institutional contact, contract signing and financing delivery in a timely manner. The financial department (government and social capital cooperation center) and the project implementation agency shall do a good job of supervision and management to prevent the transfer of corporate debt to the government.　If the social capital or the project company fails to complete the financing as agreed in the project contract, the government may withdraw the performance bond until the termination of the project contract; in case of systematic financial risk or force majeure, the government, the social capital or the project company may negotiate to revise the relevant financing terms in the contract according to the project contract.　When the project has significant operational or financial risks that threaten or infringe upon the interests of creditors, the creditors may request the social capital or the project company to improve its management, etc., based on the direct intervention agreement or terms signed with the government, the social capital or the project company. The creditor shall cease to intervene if the material risks have been removed within the period agreed in the direct intervention agreement or terms.　Article 25 The government payment obligations involved in the project contract shall be considered by the financial department in conjunction with the medium- and long-term financial planning, and be included in the budget of the government at the same level, and implemented in accordance with the relevant provisions on budget management. The finance department (government and social capital cooperation center) and the project implementation agency shall establish the government payment ledger for government and social capital cooperation projects, and strictly control the government financial risks. After the establishment of the government comprehensive financial reporting system, the government payment obligations in government and social capital cooperation projects shall be included in the government comprehensive financial report.　Article 26 The project implementation agency shall, according to the project contract agreement, supervise the fulfillment of contractual obligations by the social capital or the project company, regularly monitor the project output performance indicators, prepare quarterly and annual reports, and report them to the finance department (government and social capital cooperation center) for record.　Where the government has payment obligations, the project implementation agency shall, according to the output description agreed in the project contract, make full and timely payment to the social capital or project company in accordance with the actual performance, either directly or by notifying the financial department. Where an excess revenue sharing mechanism is set up, the social capital or project company shall pay the government the full amount of excess revenue to which it is entitled in a timely manner according to the project contract.　If the actual performance of the project is better than the agreed standard, the project implementation agency shall implement the reward clause agreed in the project contract, and may use it as the basis for whether the contract can be extended at the end of the project period; if the agreed standard is not reached, the project implementation agency shall implement the penalty clause or relief measures agreed in the project contract.　Article 27 If the social capital or the project company violates the agreement in the project contract, threatens the sustained, stable and safe supply of public **** products and services, or jeopardizes national security and significant public **** interests, the government has the right to temporarily take over the project until it initiates the procedure for early termination of the project.　The Government may appoint a qualified organization to carry out the temporary takeover. All costs arising from the temporary takeover of the project will be borne by the defaulting party alone or shared by the responsible parties in accordance with the project contract. The costs of temporary takeover to be borne by the social capital or the project company may be deducted from the termination compensation payable to it.　Article 28 During the execution and management of the project contract, the project implementation agency shall focus on contract revision, liability for breach of contract and dispute resolution.　(i) Contract revision.　In accordance with the conditions and procedures agreed in the project contract, the project implementation agency and the social capital or the project company may, in accordance with the changes in the socio-economic environment, the demand for public **** products and services and the structure and other conditions, submit an application for revision of the project contract, which shall be carried out upon the government's review and approval.　(ii) Liability for breach of contract.　If the project implementation agency, social capital or project company fails to fulfill the obligations agreed in the project contract, it shall bear the corresponding breach of contract responsibilities, including stopping the infringement, eliminating the impact, paying liquidated damages, compensating for losses and terminating the project contract.　(iii) Dispute resolution.　In the course of project implementation, in accordance with the project contract, the project implementation agency, the social capital or the project company may apply for arbitration or file a civil lawsuit in accordance with the law for matters that are disputed and cannot be agreed upon through negotiation.　Article 29 The project implementation agency shall conduct mid-term evaluation of the project every 3-5 years, focusing on the analysis of the project operation status and the compliance, adaptability and reasonableness of the project contract; timely assessment of the risks of the identified problems, formulate countermeasures, and report to the financial department (government and social capital cooperation center) for the record.　Article 30 The relevant government functional departments shall perform administrative supervision duties on the project in accordance with the relevant national laws and regulations, focusing on the quality of public **** products and services, prices and charging mechanisms, production safety, environmental protection and labor rights and interests.　If the social capital or the project company is not satisfied with the administrative supervision and handling decisions of the governmental functional departments, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.　Article 31 The government, social capital or project company shall publicly disclose project-related information in accordance with the law, safeguard the public's right to know and accept social supervision.　The social capital or the project company shall disclose information on the quantity and quality of the project outputs, and the operating status of the project. The government shall disclose the contract terms of the government and social capital cooperation project that do not involve state secrets or commercial secrets, performance monitoring reports, mid-term evaluation reports and major changes or termination of the project.　If the public and project stakeholders find that the project is in violation of the law, breach of contract, or that the public **** products and services are not up to standard, they may refer the matter to the government functionaries for supervision and inspection.　Chapter VI Project Handover Article 32 When the project is handed over, the project implementation agency or other agency designated by the government recovers the project assets agreed in the project contract on behalf of the government.　The project contract shall clearly agree on the form of transfer, compensation, transfer content and transfer standards. The form of transfer includes termination of transfer at the end of the term and early termination of transfer; the mode of compensation includes gratuitous transfer and paid transfer; the content of transfer includes project assets, personnel, documents and intellectual property rights, etc.; and the criteria for transfer include indicators such as the rate of equipment intactness and the shortest serviceable life.　In case of compensated transfer, the project contract shall clearly stipulate the compensation plan; if there is no agreement or the agreement is unclear, the project implementation organization shall formulate the compensation plan in accordance with the principle of "restoring the same economic status", and report it to the government for examination and approval before implementation.　Article 33 The project implementation agency or other institutions designated by the government shall form a project transfer working group to confirm with the social capital or the project company the transfer situation and compensation method according to the project contract, and to formulate asset evaluation and performance testing programs.　The project transfer working group shall commission an asset appraisal organization with relevant qualifications to conduct asset appraisal of the transferred assets in accordance with the appraisal method agreed in the project contract as the basis for determining the compensation amount.　The project handover working group shall conduct performance tests on the transferred assets in strict accordance with the performance test program and handover standards. If the results of the performance test fail to meet the standards, the handover working group shall require the social capital or the project company to carry out restorative repairs, update and reset or withdraw the handover maintenance bond.　Article 34 The social capital or the project company shall transfer the project assets, intellectual property rights and technical legal documents that meet the requirements of the performance test, together with the list of assets, to the project implementation agency or other agencies designated by the government, and complete the procedures of legal transfer and transfer of management rights. The social capital or project company shall cooperate in the work related to the smooth transition of project operation.　Article 35 After the transfer of the project is completed, the financial department (government and social capital cooperation center) shall organize relevant departments to conduct performance evaluation of the project output, cost-effectiveness, regulatory effectiveness, sustainability, and application of the government and social capital cooperation model, etc., and make the evaluation results public in accordance with relevant regulations. The evaluation results shall be used as a reference basis for the government to make decisions on the management of government and social capital cooperation.　Chapter VII Supplementary Provisions Article 36 These operational guidelines shall come into force on the date of issuance, and shall be valid for three years.　Article 37 The Ministry of Finance shall be responsible for the interpretation of these operational guidelines.