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各省、自治区、直辖市财政厅(局):改革开放以来,我国通过借用世界银行、亚洲开发银行、国际农发基金等国际金融组织的贷款资金,支持了一大批企业的技术进步和产品升级,取得了良好的社会效益和经济效益。在回收贷款资金的过程中,大部分企业都能按时足额偿还到期债务,但也发现有一部分项目企业严重违背国家现行法律规定,试图通过破产手段逃废国家债务。为维护国家主权债信,保证转贷协议的严肃执行,现将国家有关利用国际金融组织贷款的企业在偿债责任落实前不得破产的规定重申并通知如下:一、最高人民法院司法解释(法发[1997]2号)《最高人民法院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》第三条规定:“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。”
Since the reform and opening up, China has supported the technological advancement and product upgrading of a large number of enterprises by borrowing the loan funds of the international financial organizations such as the World Bank, A good social and economic benefits. In the process of recovering loan funds, most of the enterprises are able to repay matured debts in full and on time, but some of the project enterprises also found that they violated the existing laws and regulations of the country and tried to evade the state debt through bankruptcy. In order to safeguard the sovereign credit of the country and ensure the serious implementation of the transfer of loan agreement, we hereby reiterate and notify the following provisions of the State concerning the non-bankruptcy of enterprises that use loans from international financial organizations before the implementation of the debt repayment responsibility: I. Judicial Interpretations of the Supreme People’s Court [1997] No. 2) “Article 3 of the Supreme People’s Court Notice Concerning Several Issues that People’s Courts Should Pay Attention to when Handling Current Corporate Bankruptcy Cases:” The state-owned industrial enterprises that have not yet fulfilled their tasks of borrowing loans from foreign governments or repaying loans have not yet fulfilled their obligations. , Not to accept its bankruptcy application. "