Regulations on the Implementation of the Budget Law of the People’s Republic of China (October 1, 2020)

Regulations of the People’s Republic of China on the Implementation of Budget Law

(1995year11moon22DecreeNo. of the State Council of the People’s Republic of China186No. release2020yeareightmoonthreeDecreeNo. of the State Council of the People’s Republic of China729No. revision)

Chapter I General Principles

Article 1 These Regulations are formulated in accordance with the Budget Law of the People’s Republic of China (hereinafter referred to as the Budget Law).

Article 2 The dispatched offices of local governments at or above the county level shall conduct budget management activities according to the authorization of the government at the corresponding level, which shall not be regarded as the first-level budget, and their revenues and expenditures shall be included in the budget at the corresponding level.

Article 3 The budget of the social insurance fund shall realize sustainable operation on the basis of actuarial balance, and the general public budget may appropriately arrange funds to supplement the budget of the social insurance fund according to needs and financial resources.

Article 4 The "departments" mentioned in the second paragraph of Article 6 of the Budget Law refer to state organs, armies, political party organizations, institutions, social organizations and other units that have a direct relationship with the financial department of the government at the corresponding level.

Article 5 The budgets of various departments shall reflect all budgetary funds allocated to the department and its subordinate units by the general public budget, government fund budget and state-owned capital operation budget.

The budget revenue of each department includes the budget allocation revenue and other income arranged by the finance at the corresponding level for this department and its subordinate units. The budget expenditure of each department is the expenditure corresponding to the budget income of the department, including basic expenditure and project expenditure.

The basic expenditure mentioned in the second paragraph of this article refers to the expenditure incurred by various departments and units to ensure the normal operation of their institutions and complete their daily tasks, including personnel funds and public funds; The project expenditure refers to the expenditure incurred by various departments and units to complete their specific tasks and career development goals.

The budgetary appropriation income of each department and its subordinate units at the corresponding level and their corresponding expenditures shall be reflected separately in the departmental budget.

The specific measures for the preparation and implementation of departmental budgets shall be stipulated by the financial department of the government at the corresponding level according to law.

Sixth general transfer payments to the public should be detailed to the region. The disclosure of special transfer payments to the public should be refined to regions and projects.

Government debt, government operating expenses, government procurement, financial special account funds, etc., are disclosed to the public in accordance with relevant regulations.

Department budgets and final accounts shall disclose basic expenditures and project expenditures. The departmental budget and final accounts expenditure shall be disclosed according to its functional classification; According to its economic nature, the basic expenditure should be made public.

The budgets, final accounts and statements of the subordinate units of various departments shall be approved by the departments.twentyDays by the unit to the public. The unit budget and final accounts shall disclose the basic expenditures and project expenditures. The unit budget and final accounts expenditure shall be disclosed according to its functional classification; According to its economic nature, the basic expenditure should be made public.

Article 7 The central and local tax sharing system mentioned in Article 15 of the Budget Law refers to the financial management system that determines the scope of central and local fiscal expenditures on the basis of dividing the powers of central and local governments, and divides the central and local budgetary revenues according to tax categories.

The specific contents and implementation measures of the tax-sharing financial management system shall be implemented in accordance with the relevant provisions of the State Council.

Article 8 Local governments at or above the county level shall, in accordance with the principle of central and local tax sharing and the relevant provisions of the higher-level government, determine the financial management system of the government at the same level for the lower-level governments.

Article 9 The term "general transfer payment" as mentioned in the second paragraph of Article 16 of the Budget Law includes:

(1) Balanced transfer payment;

(two) financial assistance to the old revolutionary base areas, ethnic minority areas, border areas and poverty-stricken areas;

(3) Other general transfer payments.

Article 10 The term "special transfer payment" as mentioned in the third paragraph of Article 16 of the Budget Law refers to the budgetary funds given by the higher-level government to the lower-level government in order to achieve specific economic and social development goals, and used by the lower-level government according to the purposes specified by the higher-level government.

The financial departments of governments at or above the county level shall, jointly with relevant departments, establish and improve the regular evaluation and withdrawal mechanism of special transfer payments. The special transfer payment after evaluation shall be dealt with according to the following circumstances:

(a) in accordance with laws, administrative regulations and the provisions of the State Council, it is necessary to continue the implementation, you can continue to implement;

(two) the relevant requirements of the establishment are changed, or the actual performance is far from the target, and the management is not perfect enough, which should be adjusted;

(3) If the foundation is invalid or abolished, it shall be cancelled.

Article 11 Budget revenue and budget expenditure shall be calculated in RMB yuan. Where budgetary revenues and expenditures are received and paid in currencies other than RMB, they shall be converted into RMB.

Chapter II Scope of Budget Revenue and Expenditure

Article 12 The term "administrative fee income" as mentioned in the first paragraph of Article 27 of the Budget Law refers to the income formed by state organs, institutions, etc. charging fees to specific objects in accordance with the provisions of laws and regulations and with the approval of procedures stipulated by the State Council, in the process of implementing social public management and providing specific public services to citizens, legal persons and other organizations.

The income from paid use of state-owned resources (assets) mentioned in the first paragraph of Article 27 of the Budget Law refers to the income from paid use of state-owned resources such as mineral deposits, rivers, sea areas, uninhabited islands and forests and grasslands owned by the state according to the law, and the income from state-owned assets that are included in the general public budget management according to the regulations.

The term "transfer income" as mentioned in the first paragraph of Article 27 of the Budget Law refers to the tax refund and transfer payment from higher authorities, the income from lower authorities, the transferred funds, and the free assistance from the non-affiliated government included in the transfer income according to the provisions of the Ministry of Finance.

Article 13 transfer expenditure includes the payment of higher-level expenditures, tax refund and transfer payments to lower levels, transfer of funds, and free assistance to non-affiliated governments listed in transfer expenditure according to the provisions of the Ministry of Finance.

Article 14 The budgetary revenue of government funds includes the revenue from various projects of government funds and the transfer income.

The budgetary expenditures of government funds include the expenditures of various projects and transfer expenditure corresponding to the budgetary revenues of government funds.

Article 15 The budget income of state-owned capital operation includes the profit income turned over to the state by wholly state-owned enterprises and wholly state-owned companies that should be included in the budget of state-owned capital operation according to laws, administrative regulations and the State Council regulations, the dividend income obtained from state-owned capital holding and shareholding companies, the transfer income of state-owned property rights, liquidation income and other income.

State-owned capital operating budget expenditure includes capital expenditure, expense expenditure, transfer of funds to the general public budget and other transfer expenditure and other expenditures.

Article 16 The budgetary income of social insurance funds includes various social insurance premium income, interest income, investment income, general public budget subsidy income, collective subsidy income, transfer income, higher-level subsidy income, lower-level premium income and other income.

The budget expenditure of social insurance fund includes various social insurance benefits expenditure, transfer expenditure, subsidy to lower level expenditure, upper level expenditure and other expenditures.

Article 17 The specific measures for the division of income and expenditure items between the higher and lower levels of local budgets, as well as the payment, return or transfer shall be formulated by the local government at the higher level and reported to the Standing Committee of the people’s congress at the corresponding level for the record.

Article 18 The specific measures for the division of income and expenditure items between the upper and lower levels of local social insurance fund budgets, as well as the solution and subsidies, shall be formulated by the local government at the higher level according to the overall level and reported to the Standing Committee of the people’s congress at the corresponding level for the record.

Chapter III Budgeting

Article 19 The draft budget referred to in Article 31 of the Budget Law refers to the budgets prepared by governments at all levels, departments and units that have not been examined and approved by legal procedures.

Article 20 The term "performance evaluation" as mentioned in the first paragraph of Article 32 of the Budget Law refers to a systematic and objective evaluation of the input, use process, output and effect of budgetary funds according to the set performance objectives and standardized procedures.

The results of performance evaluation should be used as the basis for improving management and compiling future annual budgets in accordance with regulations.

Article 21 The budgetary expenditure standards mentioned in the third paragraph of Article 32 of the Budget Law refer to the expenditure budgeting standards that are reasonably classified and stipulated separately, including basic expenditure standards and project expenditure standards.

The financial departments of local governments at all levels shall, according to the budget expenditure standards formulated by the Ministry of Finance, and in combination with the level of economic and social development and financial resources of the region, formulate the budget expenditure standards of the region or the corresponding level.

Article 22 The Ministry of Finance shall, every yearsixmoon15A few days ago, the specific matters of preparing the draft budget for the next year were deployed, and the report format, compilation method and submission period were stipulated.

Twenty-third central departments should be in accordance with the requirements of the State Council and the deployment of the Ministry of Finance, combined with the specific situation of the department, organize the preparation of the draft budget of the department and its subordinate units.

The central departments are responsible for reviewing the draft budgets of their subordinate units, compiling the draft budgets of their own departments, and submitting them to the Ministry of Finance for review in accordance with relevant regulations.

Article 24 The Ministry of Finance shall examine and verify the draft budgets of various central departments, and formulate the draft central budget in detail; Summarize the draft local budget or local budget, and compile the draft central and local budgets.

Twenty-fifth provinces, autonomous regions and municipalities directly under the central government in accordance with the requirements of the State Council and the deployment of the Ministry of Finance, combined with the specific conditions of the region, put forward the requirements of the administrative region to prepare a draft budget.

The financial departments of local governments at or above the county level shallsixmoon30A few days ago, the specific matters of preparing the draft budget for the next year in this administrative region were deployed, and the relevant report format, compilation method and submission period were stipulated.

Article 26 All departments of local governments at or above the county level shall, according to the requirements of the government at the corresponding level and the deployment of the financial department of the government at the corresponding level, organize the preparation of the draft budgets of their own departments and their subordinate units, and report them to the financial department of the government at the corresponding level for examination in accordance with the provisions.

Article 27 The financial departments of local governments at or above the county level shall examine the draft budgets of various departments at the corresponding level, specifically compile the draft budgets at the corresponding level, and compile the draft total budgets at the corresponding level. After being examined and approved by the governments at the corresponding levels, they shall be submitted to the financial departments of the governments at the next higher level within the prescribed time limit.

The draft general budget at the corresponding level or the general budget at the corresponding level summarized by the financial departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government shall be submitted in the next year.onemoon10Recently reported to the Ministry of Finance.

Twenty-eighth financial departments of governments at or above the county level shall, when examining the draft budgets of various departments at the corresponding level, find that they do not meet the requirements of budgeting, and shall correct them; When compiling the draft general budget at the corresponding level, if it is found that the draft budget at the lower level does not meet the budget preparation requirements of the higher level government or the government at the corresponding level, it shall report to the government at the corresponding level in time and be corrected by the government at the corresponding level.

Twenty-ninth financial departments of governments at all levels shall solicit the opinions of tax, customs and other budgetary revenue collection departments and units when preparing the draft revenue budget.

Budget revenue collection departments and units shall, in accordance with the requirements of the financial department, provide the forecast of next year’s budget revenue collection.

Thirtieth the financial department in conjunction with the administrative department of social insurance deployment of the next year’s social insurance fund budget draft specific matters.

The social insurance agency shall specifically prepare the draft budget of the social insurance fund for the next year and report it to the social insurance administrative department at the same level for review and summary. The draft income budget of the social insurance fund shall be compiled by the social insurance agency in conjunction with the social insurance premium collection agency. The financial department is responsible for reviewing and summarizing the draft budget of the social insurance fund.

Thirty-first financial departments of governments at all levels shall, in accordance with the provisions of the budget law and these regulations, formulate rules for the preparation of the draft budget at the corresponding level.

Thirty-second departments and units in the preparation of the draft budget, should be based on asset allocation standards, combined with the stock of assets to prepare the relevant expenditure budget.

Article 33 The revenue compilation of the central general public budget includes the revenue of the general public budget at the corresponding level, the funds transferred from the state-owned capital operating budget, the local revenue, the funds transferred from the budget stabilization fund and other funds transferred.

The central general public budget expenditure includes the general public budget expenditure at the corresponding level, tax refund and transfer payment to local governments, and supplementary budget stabilization fund.

The limit of the central government’s debt balance shall be listed separately in the budget at the corresponding level.

Article 34 The revenue compilation of local general public budgets at all levels includes the revenue of the general public budget at the corresponding level, the funds transferred from the state-owned capital operating budget, the tax refund and transfer payment at the higher level, the revenue transferred from the lower level, the funds transferred from the budget stabilization fund and other funds transferred.

The contents of compiling general public budget expenditures at local levels include general public budget expenditures at the corresponding level, expenditures at higher levels, tax returns and transfer payments to lower levels, and supplementary budget stabilization funds.

Thirty-fifth central government funds budget revenue preparation content includes the income of government funds at the same level, the balance of the previous year, local income.

The budget expenditure of central government funds includes the expenditure of various projects of government funds at the same level, transfer payments to local governments and transfer of funds.

Thirty-sixth local government funds budget revenue preparation content includes the income of the government funds at the same level, the balance of the previous year, the income from the lower level, and the transfer payment from the higher level.

The budget expenditure of local government funds includes the expenditure of various projects of government funds at the same level, the expenditure of the superior, the transfer payment to the subordinate and the transfer of funds.

Thirty-seventh central state-owned capital operating budget revenue includes the income at the same level, the balance of the previous year, and the local income.

The budget expenditure of the central state-owned capital operation includes the expenditure at the corresponding level, the transfer of funds to the general public budget, and the transfer payment for specific local matters.

Thirty-eighth local state-owned capital operating budget revenue includes the income at the same level, the balance of the previous year, the transfer payment of specific matters by the higher level, and the income from the lower level.

The budget expenditure of local state-owned capital operation includes the expenditure at the same level, the transfer of funds to the general public budget, the transfer payment for specific matters at lower levels, and the expenditure at higher levels.

Article 39 The budgetary revenues and expenditures of the central and local social insurance funds include the revenues and expenditures specified in Article 16 of these Regulations.

Fortieth departments and units of the budget revenue preparation content includes the budget appropriation income, budget appropriation carry-over and other income.

The budget expenditures of all departments and units include basic expenditures and project expenditures.

The budgetary expenditures of various departments and units shall be classified into items according to their functions and into items according to their economic nature.

Forty-first governments at all levels should strengthen the management of project expenditure. The financial departments of governments at all levels shall establish and improve the evaluation system of project expenditure budget. All departments and units shall carry out budget review in accordance with the provisions of the financial department of the government at the corresponding level.

The project expenditure shall be managed by the project library, and the project warehousing evaluation mechanism and project rolling management mechanism shall be established and improved.

Article 42 The balance management mentioned in the second paragraph of Article 34 of the Budget Law refers to the management method that the State Council decides the scale, variety, term and time of issuing bonds within the balance limit of the central general public budget debt approved by the National People’s Congress; The so-called balance refers to the outstanding principal of the borrowed debt in the central general public budget.

Forty-third local government debt balance is subject to quota management. The government debt limits of all provinces, autonomous regions and municipalities directly under the Central Government shall be submitted by the Ministry of Finance to the State Council for approval within the total limits approved by the National People’s Congress or its Standing Committee, based on factors such as the debt risk and financial situation of various regions, and taking into account the needs of national macro-control policies.

The balance of government debts of all provinces, autonomous regions and municipalities directly under the Central Government shall not exceed the quota approved by the State Council.

Article 44 The scale of borrowing debts mentioned in the second paragraph of Article 35 of the Budget Law refers to the sum of the debt balance limits of local governments, including general debt limits and special debt limits. General debt refers to general bonds included in the general public budget for the development of public welfare undertakings, and loans from foreign governments and international economic organizations for which local governments have the responsibility to repay; Special debt refers to special bonds included in the budget of government funds for the development of profitable public welfare undertakings.

Article 45 The financial departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the local government debt limit issued by the State Council, put forward the debt limit arrangement scheme for the governments at the corresponding levels and for lending to the lower levels, and after reporting to the governments at the corresponding levels for approval, include the increased borrowed debts in the budget adjustment scheme at the corresponding levels and report to the Standing Committee of the people’s congress at the corresponding levels for approval.

The government that accepts the reloan and reloans to the lower-level government shall include the reloan debt in the budget management at the corresponding level. The government that uses reloan and bears the direct repayment responsibility shall include the reloan debt in the budget adjustment plan at the corresponding level and report it to the Standing Committee of the people’s congress at the corresponding level for approval.

The financial departments of local governments at all levels are responsible for the unified management of local government debts.

Article 46 the State Council may lend loans borrowed from foreign governments and international economic organizations to the governments of provinces, autonomous regions and municipalities directly under the Central Government.

Loans from foreign governments and international economic organizations that the State Council has lent to the governments of provinces, autonomous regions and municipalities directly under the Central Government should be included in the budget management at the corresponding level if the governments of provinces, autonomous regions and municipalities directly under the Central Government are directly responsible for repayment. If the governments of provinces, autonomous regions and municipalities directly under the Central Government fail to fulfill their repayment obligations on time, the State Council can deduct the tax refund and other funds to the region accordingly.

The governments of provinces, autonomous regions and municipalities directly under the Central Government may re-lend the loans from foreign governments and international economic organizations lent by the State Council to lower-level governments.

Article 47 The Ministry of Finance and the financial departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish and improve the debt risk assessment index system of local governments, organize the assessment of the debt risk status of local governments, provide early warning to areas with high debt risks, and supervise the resolution of debt risks.

Forty-eighth governments at or above the county level shall, in accordance with a certain proportion of the estimated number of transfer payments in this year, issue the estimated number of transfer payments in the next year to the government at the next lower level in advance, and the specific issues shall be handled by the financial department of the government at the same level.

In addition to the transfer payment for special projects such as factual settlement, the proportion of the estimated number of general transfer payments issued in advance is generally not less than90%; The proportion of the estimated number of special transfer payments issued in advance is generally not less than70%. Among them, the special transfer payment allocated according to the project law should be clearly defined together with the projects organized and implemented in the next year.

Forty-ninth with the approval of the government at the same level, the financial departments of governments at all levels may set up budgetary working capital, and the amount shall not exceed the total expenditure of the general public budget at the same level.1%. At the end of the year, the financial departments of governments at all levels can recover the working capital of the budget and use it to supplement the budget stabilization fund.

Article 50 The term "carry-over funds" as mentioned in the first paragraph of Article 42 of the Budget Law refers to the funds that have not been implemented by the end of the expenditure year of the budgeted items, or have not been implemented for some reason, but need to be used for the original purpose in the next year; Carry-over funds that have not been used up for two consecutive years refer to the funds that have not been used up at the end of the next year.

The term "surplus funds" as mentioned in the first paragraph of Article 42 of the Budget Law refers to the remaining funds after the actual completion of budget revenue is deducted from the actual completion of budget expenditure and carry-over funds at the end of the annual budget implementation.

Chapter IV Budget Implementation

Fifty-first in the implementation of the budget, the main responsibilities of the financial department of the government:

(a) to study and implement fiscal and tax policies and measures to support the healthy development of economy and society;

(2) Formulating systems and measures for organizing budgetary revenues, managing budgetary expenditures and related finance, accounting, internal control and supervision;

(three) to urge the budget revenue collection departments and units to perform their duties according to law and collect budget revenue;

(four) according to the annual expenditure budget and the plan for the use of funds, reasonably allocate and allocate budgetary funds, and supervise the use and management of budgetary funds of various departments and units;

(five) unified management of government debt borrowing, expenditure and repayment, supervision of the use of debt funds;

(six) to guide and supervise all departments and units to establish and improve the financial system and accounting system, standardize account management, improve the internal control mechanism, and use the budget funds in accordance with the provisions;

(7) Summarizing and compiling the data of budget implementation by stages, analyzing the budget implementation, regularly reporting the budget implementation according to the requirements of the Standing Committee of the people’s congress at the corresponding level, the government at the corresponding level and the financial department of the government at the next higher level, and putting forward relevant policy suggestions;

(eight) to organize and guide the performance monitoring and performance evaluation of budgetary funds;

(nine) to coordinate the business work of budget revenue collection departments and units, the state treasury and other relevant departments.

Article 52 The financial special account referred to in the second paragraph of Article 56 of the Budget Law refers to the bank settlement account opened by the financial department for the management and accounting of specific special funds in accordance with the law or with the approval of the the State Council; The term "special funds" includes funds that can set up special financial accounts according to laws, loans and grants from foreign governments and international economic organizations, currencies other than RMB stored according to regulations, and other special funds that the Ministry of Finance, jointly with relevant departments, reported to the State Council for approval.

The opening and alteration of financial accounts shall be approved by the Ministry of Finance, and the cancellation of financial accounts shall be reported to the Ministry of Finance for the record. The People’s Bank of China shall strengthen the approval, management and supervision of banking financial institutions to open accounts.

The financial account funds shall be managed by the financial department of the government at the corresponding level. Except as otherwise provided by law, without the consent of the financial department of the government at the corresponding level, no department, unit or individual has the right to freeze or use the funds in the special financial account.

The funds in special financial accounts shall be brought into unified accounting by the financial department of the government at the corresponding level, and reflected separately in the budget implementation, final accounts and comprehensive financial report of the government.

Fifty-third in the implementation of the budget, the main responsibilities of various departments and units:

(a) to formulate the budget implementation system of the department and the unit, and establish and improve the internal control mechanism;

(two) according to the organization of income, strict expenditure management, the implementation of performance monitoring, performance evaluation, improve the efficiency of the use of funds;

(three) accounting for the economic business of the unit;

(four) to summarize the budget implementation of the department and the unit, and regularly submit the budget implementation report and performance evaluation report to the financial department of the government at the same level.

Article 54 The financial department shall, jointly with the social insurance administrative department and the social insurance premium collection agency, formulate specific measures for the income, expenditure and financial management of the social insurance fund budget.

The budget of the social insurance fund shall be specifically implemented by the social insurance premium collection agency and the social insurance agency, and the implementation shall be reported to the financial department of the government at the corresponding level and the social insurance administrative department in accordance with the provisions.

Article 55 The financial departments of governments at all levels, tax, customs and other budgetary revenue collection departments and units must organize budgetary revenue according to law, collect budgetary revenue according to the provisions of the financial management system, collection management system and centralized collection system of the national treasury, and pay budgetary revenue into the national treasury in a timely manner in addition to the budgetary revenue such as social insurance funds paid into financial special accounts according to law.

Article 56 Except for the budgetary revenues such as social insurance funds paid into the financial special account according to law, all departments and units that have the obligation to pay budgetary revenues must pay the budgetary revenues that should be paid into the state treasury according to the prescribed budget levels, government revenue and expenditure classification subjects, and the way and time limit for payment. No department, unit or individual may intercept, occupy, misappropriate or default.

Fifty-seventh financial departments of governments at all levels should strengthen the management of the allocation of budgetary funds and follow the following principles:

(1) Allocating funds according to the budget, that is, allocating funds according to the approved annual budget and spending plan. Except for the circumstances that expenditures can be arranged before the approval of the draft budget as stipulated in Article 54 of the Budget Law, no funds can be allocated without budget, useless funds plan, over-budget or over-plan, and no expenditures can be changed without authorization;

(2) Allocating funds according to the prescribed budget levels and procedures, that is, according to the application of the fund-using unit, according to the budget levels of the fund-using unit, the approved fund-using plan and the budgetary fund allocation procedures stipulated by the financial department;

(three) according to the progress of the disbursement, that is, according to the actual progress of the use of funds.

Article 58 The Ministry of Finance shall make reasonable arrangements for the variety, structure, duration and timing of issuing treasury bonds according to the limit of the central government’s debt balance approved by the National People’s Congress.

The financial departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the local government debt limit approved by the State Council, make reasonable arrangements for the structure, duration and timing of issuing local government bonds.

Fifty-ninth transfer payment budget and fund allocation shall be handled by the financial department, and other departments and units shall not issue transfer payment budgets or allocate transfer payment funds to lower-level government departments and units.

Article 60 Governments at all levels, departments and units shall strengthen the management of budgetary expenditures, strictly implement budgets, abide by the financial system and strengthen budgetary constraints, and shall not expand the scope of expenditures or raise expenditure standards without authorization; Use funds in strict accordance with the expenditure purposes specified in the budget and arrange the expenditure schedule reasonably.

Article 61 The Ministry of Finance is responsible for formulating financial rules, accounting standards and accounting systems related to budget implementation. All departments and units shall, in accordance with the requirements of the financial department of the government at the corresponding level, establish and improve the financial system and strengthen accounting.

Article 62 The state treasury is a specialized institution that handles the receipt, division, retention, refund and appropriation of budgetary revenues. Treasury is divided into central treasury and local treasury.

The central treasury business is managed by the People’s Bank of China. Where there is no branch of the People’s Bank of China, the People’s Bank of China shall, after consulting the Ministry of Finance, entrust the relevant banking financial institutions to handle it.

The local treasury business is managed by the branches of the People’s Bank of China. Where there is no branch of the People’s Bank of China, the branch of the People’s Bank of China at a higher level shall, after consulting the financial department of the local government, entrust the relevant banking financial institutions to handle it.

Conditional townships, nationality townships and towns shall set up a national treasury. The specific conditions and standards shall be determined by the financial departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 63 The business of the central treasury shall accept the guidance and supervision of the Ministry of Finance and be responsible for the central finance.

The local treasury business shall accept the guidance and supervision of the financial department of the government at the same level and be responsible for local finance.

The local treasury business rules formulated by provinces, autonomous regions and municipalities directly under the Central Government shall be reported to the Ministry of Finance and the People’s Bank of China for the record.

Article 64 The state treasury at all levels shall promptly report to the financial department of the government at the corresponding level the daily, ten-day, monthly and annual reports on the receipt, release, disbursement and balance of budgetary revenues.

Article 65 The state treasury at all levels shall, in accordance with the relevant laws, administrative regulations, the State Council, the relevant provisions of the Ministry of Finance and the People’s Bank of China, strengthen the management of treasury business, and timely and accurately handle the receipt, division, retention, refund and disbursement of budgetary expenditures.

The state coffers at all levels and relevant banking financial institutions must abide by the provisions of the state on the payment of budgetary revenues, and may not delay or occupy budgetary revenues and treasury funds that should be paid into the state coffers.

Article 66 The state treasury at all levels must allocate funds on the same day on the basis of the appropriation voucher or payment and liquidation instruction issued by the financial department of the government at the same level, and timely transfer the funds to the account of the payee or liquidate the funds.

The state treasury at all levels and relevant banking financial institutions shall not occupy the budgetary funds allocated by the financial department.

Article 67 The financial departments of governments at all levels, departments and units collecting budgetary revenues, and the state treasury shall establish and improve the reconciliation system of budgetary revenues among themselves, and check the receipt of budgetary revenues and the allocation of treasury funds on a monthly and annual basis during budget implementation, so as to ensure that the collection and storage of budgetary revenues, the allocation of treasury funds and the inventory amount are accurate.

Article 68 Measures for refunding the central budget revenue and the revenue shared by the central and local budgets shall be formulated by the Ministry of Finance. Measures for refunding local budget revenues shall be formulated by the financial departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government.

The examination and approval authority for refunding budgetary revenues at all levels belongs to the financial department of the government at the corresponding level. The withdrawal of the central budget revenue and the revenue shared by the central and local budgets shall be approved by the Ministry of Finance or an institution authorized by the Ministry of Finance. The withdrawal of local budget revenue shall be approved by the financial department of the local government or its authorized institution. The specific procedures for withdrawing funds shall be handled in accordance with the relevant provisions of the Ministry of Finance.

For refunding the budgetary revenue, it shall be directly returned to the applicant or individual for use in accordance with the provisions of the state. No department, unit or individual may intercept or misappropriate the money returned from the library.

Sixty-ninth governments at all levels should strengthen the management and supervision of the state treasury at the corresponding level, and the financial departments of governments at all levels should be responsible for coordinating the business work of the departments and units that collect budgetary revenue at the corresponding level with the state treasury.

Article 70 The regulations and documents formulated by various departments in the State Council shall conform to the unified provisions of the state, which involve matters such as reducing or exempting the payable budget revenue, establishing and changing income items and standards, dealing with confiscated property, standards and scope of expenditure, disposal of state-owned assets and income distribution, accounting and so on. Where the increase or decrease of fiscal revenue or expenditure is involved, the opinions of the Ministry of Finance shall be sought.

Article 71 The rules and administrative measures formulated by local governments according to their statutory authority shall not involve the reduction or exemption of the central budget revenue and the revenue shared by the central and local budgets, and shall not affect the collection of the central budget revenue and the revenue shared by the central and local budgets; In violation of the provisions, the relevant budgetary revenue collection departments and units have the right to refuse to implement, and shall report to the higher budgetary revenue collection departments and units and the Ministry of Finance.

Seventy-second governments at all levels should strengthen their leadership over the implementation of the budget, regularly listen to the reports of the financial departments on the implementation of the budget, and study and solve the problems in the implementation of the budget.

Article 73 The financial departments of governments at all levels have the right to supervise the work related to the budget management of various departments at the corresponding level and their subordinate units, and to evaluate and assess the budget implementation and performance of various departments.

The financial departments of governments at all levels have the right to supervise the collection of budgetary revenues at the corresponding level by the collection departments and units related to budgetary revenues at the corresponding level, and order them to make corrections in case of over-collection, early collection, reduction, exemption, deferment or refund of budgetary revenues in violation of laws and administrative regulations.

Article 74 The financial departments of governments at all levels shall report the budget implementation to the government at the corresponding level every month, and the specific contents, methods and time limit of the report shall be stipulated by the government at the corresponding level.

Article 75 The financial departments of local governments at all levels shall regularly submit the budget implementation of their respective administrative regions to the financial department of the government at the next higher level, including ten-day reports, monthly reports and quarterly reports on budget implementation, statistical reports on government debt balance, treasury funds reports and related written explanatory materials. The specific content, method and time limit for submission shall be stipulated by the financial department of the government at the next higher level.

Seventy-sixth tax, customs and other budgetary revenue collection departments and units at all levels shall, in accordance with the time limit and requirements stipulated by the financial department, submit the relevant budgetary revenue collection to the financial department and the superior competent department, with written explanations.

Tax, customs and other budgetary revenue collection departments and units at all levels shall establish an information sharing mechanism for revenue collection and management with relevant financial departments.

Article 77 All departments shall, in accordance with the time limit and requirements stipulated by the financial department of the government at the corresponding level, submit to the financial department of the government at the corresponding level reports and written explanatory materials on the budgetary revenues and expenditures of the department and its subordinate units.

Article 78 The term "excess revenue" as mentioned in the first paragraph of Article 66 of the Budget Law refers to the part in which the actual revenue of the general public budget at the corresponding level exceeds the budget revenue approved by the people’s congress at the corresponding level or its standing committee.

The term "short revenue" as mentioned in the third paragraph of Article 66 of the Budget Law refers to the situation that the actual completion of the general public budget revenue at the corresponding level is less than the budget revenue approved by the people’s congress at the corresponding level or its standing committee.

The actual completion and budget revenue mentioned in the preceding two paragraphs do not include transfer income and government debt income.

The deficits increased by the governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of the third paragraph of Article 66 of the Budget Law can be balanced by issuing local government general bonds within the local government debt limit issued by the State Council.

In case of short revenue in the annual implementation of the general public budget of cities divided into districts and autonomous prefectures, balance of payments shall be achieved by transferring the budget stabilization fund or other budgetary funds and reducing expenditures; If the balance of payments cannot be achieved by taking the above measures, the current year’s budget can be balanced by applying for temporary assistance from the higher government, and the funds can be returned in the next year’s budget.

In the annual implementation of the general public budget at all levels, the actual implementation of the budget expenditure at the corresponding level is less than the total budget expenditure, which does not belong to the situation of budget adjustment.

If there is excess income in the annual implementation of the budget of government funds at all levels, it shall be arranged for use in the next year and given priority to repay the corresponding special debts; In case of short income, the balance of income and expenditure should be achieved by reducing expenditure. Unless otherwise stipulated by the State Council.

If there is excess income in the annual implementation of the state-owned capital operating budget at all levels, it shall be arranged for use in the next year; In case of short income, the balance of income and expenditure should be achieved by reducing expenditure. Unless otherwise stipulated by the State Council.

Article 79 After the annual budget is determined, if a department or unit changes its affiliation and causes changes in the budget level or budget relationship, it shall handle the budget and asset transfer accordingly while changing its financial relationship.

Chapter V Final Calculation

Article 80 The draft final accounts mentioned in Article 74 of the Budget Law refers to the annual implementation results of budgetary revenues and expenditures and balances compiled by governments at all levels, departments and units that have not been reviewed and approved by legal procedures.

Article 81 The Ministry of Finance shall, in the fourth quarter of each year, deploy the principles, requirements, methods and submission time limit for the preparation of the draft final accounts, and formulate the report formats of the final accounts of central departments, local accounts and other relevant final accounts.

The governments of provinces, autonomous regions and municipalities directly under the Central Government, in accordance with the requirements of the State Council and the deployment of the Ministry of Finance, put forward the requirements for the preparation of the draft final accounts of their respective administrative regions in light of the specific conditions of their respective regions.

The financial departments of local governments at or above the county level shall, in accordance with the deployment of the Ministry of Finance and the requirements of the governments of provinces, autonomous regions and municipalities directly under the Central Government, deploy the principles, requirements, methods and submission time limit for the preparation of the draft final accounts of government departments at the corresponding level and lower levels, and prepare the final accounts of government departments at the corresponding level, final accounts of lower levels and other relevant report formats.

Article 82 The financial department of the local government shall, according to the deployment of the financial department of the higher-level government, formulate specific methods for the preparation of the draft final accounts of the administrative region and the draft final accounts of various departments at the same level.

Each department shall, according to the deployment of the financial department of the government at the corresponding level, formulate specific preparation methods for the draft final accounts of its subordinate units.

Article 83 The financial departments, departments and units of governments at all levels shall, at the end of each budget year, clean up and verify the annual budget revenue, expenditure data and current accounts, and do a good job in reconciliation of final accounts data.

The data of final accounts shall be based on the verified accounting data of governments at all levels, departments and units, and shall not be replaced by estimated data, and shall not be falsified.

The final accounts of all departments and units shall show the carried-over and surplus funds.

Eighty-fourth units shall, in accordance with the arrangement of the competent department, carefully prepare the draft final accounts of their own units and report them within the prescribed time limit.

Each department shall, on the basis of reviewing and summarizing the draft final accounts of its subordinate units, together with its own final accounts income and expenditure data, compile the draft final accounts of the cost department with detailed explanations, and report them to the financial department of the government at the same level for review within the prescribed time limit after being signed by the person in charge of the department.

Eighty-fifth departments and units at all levels of budgetary revenue collection shall, in accordance with the requirements of the financial department, prepare annual income reports and relevant materials in a timely manner and submit them to the financial department.

Article 86 The financial departments of governments at all levels shall prepare the draft final accounts at the corresponding level according to the budget at the corresponding level, budget accounting data and other relevant materials.

Eighty-seventh after the implementation of the annual budget, the matters that need to be settled between the higher and lower levels of finance according to the regulations shall be settled at the time of final accounts.

The draft final accounts prepared by the financial departments of governments at or above the county level shall be submitted to the audit department of the government at the corresponding level for audit in a timely manner.

Article 88 Local governments at or above the county level shall, from the date when the final accounts at the corresponding level are approved.30Within days, the final accounts at the same level and the final accounts reported by the government at the next lower level shall be summarized and reported to the government at the next higher level for the record; Summarize the final accounts submitted by the government at the next lower level for the record and report them to the Standing Committee of the people’s congress at the corresponding level for the record.

The governments of townships, nationality townships and towns shall, from the date of approval of the final accounts at the corresponding level.30Within days, the final accounts at the same level shall be reported to the government at the next higher level for the record.

Chapter VI Supervisors

Article 89 Governments at or above the county level shall accept the supervision of the people’s congresses at the corresponding levels and their standing committees on the budget implementation and final accounts, and the governments of townships, nationality townships and towns shall accept the supervision of the people’s congresses at the corresponding levels and the people’s congresses at higher levels and their standing committees on the budget implementation and final accounts; According to the requirements of the people’s congress at the corresponding level or its Standing Committee, report the implementation of the budget; Seriously study and deal with the suggestions, criticisms and opinions of deputies to the people’s congresses at the corresponding levels or members of their standing committees on improving budget management, and reply in time.

Article 90 Governments at all levels should strengthen supervision over the budget implementation of lower-level governments, and stop and correct the acts of lower-level governments in violation of the Budget Law, these Regulations and national policies in budget implementation according to law; Take timely measures to deal with the problems in the implementation of the budget at the corresponding level.

The lower level government shall accept the supervision of the higher level government on the implementation of the budget; According to the requirements of the higher government, provide timely information, truthfully reflect the situation, and shall not conceal or make false reports; Strictly implement the relevant decisions made by the higher government and report the implementation results in a timely manner.

Ninety-first departments and their subordinate units shall accept the supervision of the financial department of the government at the same level on the work related to budget management.

The dispatched offices of the Ministry of Finance shall carry out their work according to the duties and authorization of the Ministry of Finance.

Article 92 The auditing departments of governments at all levels shall, in accordance with the law, supervise the budget implementation and final accounts at the corresponding level, as well as the budget implementation and final accounts of departments and units at the corresponding level and governments at lower levels.

Chapter VII Legal Liability

Article 93 The term "freezing, using or otherwise controlling the funds already paid into the state treasury in violation of the provisions of this Law" as mentioned in Item 6 of Article 93 of the Budget Law means:

(a) without the consent of the relevant government finance department, freezing and using the treasury funds;

(two) the budget revenue collection departments and units in violation of the provisions of the tax and other budget revenue into other accounts outside the state treasury;

(three) without the consent of the financial department of the relevant government or the institution authorized by the financial department, handle the disbursement and refund of funds;

(four) the treasury funds for other purposes;

(five) delay and occupy the treasury;

(six) occupy the budget funds allocated by the financial department of the government.

Ninety-fourth governments at all levels, relevant departments and units have one of the following acts, and shall be ordered to make corrections; The person in charge who is directly responsible and other directly responsible personnel shall be punished according to law:

(1) Borrowing debts beyond the general debt limit or special debt limit;

(two) in violation of the provisions of this Ordinance issued a transfer payment budget or transfer payment funds;

(3) Opening or changing accounts without authorization.

Chapter VIII Supplementary Provisions

Article 95 The comprehensive financial report of the government mentioned in Article 97 of the Budget Law refers to a report prepared on the basis of accrual basis, which reflects the overall financial status, operation and long-term financial sustainability of governments at all levels. The comprehensive financial report of the government includes financial statements such as government balance sheet, income and expense statement and notes to the statements, as well as comprehensive analysis based on them.

Article 96 The annual government investment plan shall be linked with the budget at the corresponding level. Government investment decision-making, project implementation, supervision and management shall be implemented in accordance with relevant administrative regulations on government investment.

The ninety-seventh article of this Ordinance since2020year10moononeIt will be implemented on the day.

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