To the high people's courts of each province, autonomous region, and municipality directly under the Central Government, and Xinjiang Uyghur Autonomous Region High People's Court Production & Construction Corps Branch:

各省、自治区、直辖市高级人民法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:

Recently, certain people's courts file requisitions to us as to how to apply the provisions of "application for bankruptcy filed by State-owned industrial enterprises that use loans of foreign government or have not settled the tasks of repaying the transferred loans shall not be accepted" as specified in Article 3 of the Notice of the Supreme People's Court on Certain Issues to Which People's Courts Shall Pay Attention in the Trial of Bankruptcy Cases numbered Fa Fa [1997] No. 2. Upon consent of the Office of the Leading Group for the Merger and Bankruptcy of State-Owned Enterprises and the Re-employment of Laid-off Workers, we hereby reply as to how to apply the provisions of the said article, please apply as it instructs.

近来,有的人民法院向我院请示如何适用法发〔1997〕2号《关于当前人民法院审理企业破产案件应当注意的几个问题的通知》第三条中“借用外国政府贷款或转贷款偿还任务尚未落实的国有工业企业,暂不受理其破产申请”的规定问题。经商全国企业兼并破产和职工再就业工作领导小组办公室同意,现就如保适用该条规定的有关问题通知如下,请遵照执行。

Article 3 of the Notice of the Supreme People's Court on Certain Issues to Which People's Courts Shall Pay Attention in the Trial of Bankruptcy Cases is meant to solve the issue concerning handling the applications for bankruptcy by project units of State-owned enterprises that receive transferred loans from the Chinese government, which such loans are borrowed by the Chinese government from the World Bank, Asian Development Bank, or government of foreign countries. As these loans are foreign debts of the government, the borrowing and transferring are both governmental behaviors, and the government shall therefore bear the responsibility of final repayment. It is therefore held that before the enterprise, be it a project unit or an enterprise of any other nature, settles the task of debt repayment, the people's court shall not accept its application for bankruptcy, nor shall it accept any case in which the creditor applies for bankruptcy.

《关于当前人民法院审理企业破产案件应当注意的几个问题的通知》第三条解决的是我国政府向世界银行、亚洲开发银行或外国政府贷款,尔后转贷给国有工业企业项目单位的破产申请处置问题。因其属于政府外债其借入和转贷过程均为政府行为,由政府承担最终还款责任,故不论项目单位是何种性质的企业,在偿还此类贷款任务尚未落实前,人民法院均暂不受理其破产申请,也暂不受理债权人申请其破产的案件。

Supreme People's Court

31、July 1998

最高人民法院

一九九八年七月三十一日