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REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING DIPLO-MATIC PRIVILEGES AND IMMUNITIES


LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES Important Notice: (注意事项) 英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民 共和国涉外法规汇编》(1991 年 7 月版). 当发生歧意时, 应以法律法规颁布单位发布的中文原文为准. This English document is coming from "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail. Whole Document (法规全文) LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROCEDURE OF THE CONCLUSION OF TREATIES (Adopted at the 17th Meeting of the Standing Committee of the Seventh National People's Congress on December 28, 1990, promulgated by Order No. 37 of the President of the People's Republic of China on December 28, 1990, and effective as of the same date) Article 1 The present Law is enacted in accordance with the Constitution of the People's Republic of China. Article 2 This Law shall be applicable to bilateral or multilateral treaties and agreements and other instruments of the nature of a treaty or agreement concluded between the People's Republic of China and foreign states. Article 3 The State Council, that is, the Central People's Government, of the People's Republic of China shall conclude treaties and agreements with foreign states. The Standing Committee of the National People's Congress of the People's Republic of China shall decide on the ratification and abrogation of treaties and important agreements concluded with foreign states. The President of the People's Republic of China shall, in accordance with decisions of the Standing Committee of the National People's Congress, ratify and abrogate treaties and important agreements concluded with foreign states. The Ministry of Foreign Affairs of the People's Republic of China shall, under the leadership of the State Council, administer the specific affairs concerning the conclusion of treaties and agreements with foreign states. Article 4 The People's Republic of China shall conclude treaties and agreements with

other states in the name of: (1) the People's Republic of China; (2) the Government of the People's Republic of China; (3) the governmental departments of the People's Republic of China. Article 5 The decision to negotiate and sign treaties and agreements shall be made according to the following procedures: (1) in the case of a treaty or agreement to be negotiated and signed in the name of the People's Republic of China, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation and draw up a draft treaty or agreement of the Chinese side and submit it to the State Council for examination and decision; (2) in the case of a treaty or agreement to be negotiated and signed in the name of the Government of the People's Republic of China, the Ministry of Foreign Affairs or the department concerned under the State Council shall make a recommendation and draw up a draft treaty or agreement of the Chinese side and, after consultation with the Ministry of Foreign Affairs, submit it to the State Council for examination and decision. In the case of an agreement concerning a specific line of business, its Chinese draft shall, with the consent of the State Council, be examined and decided upon by the department concerned under the State Council or when necessary in consultation with the Ministry of Foreign Affairs; (3) agreements to be negotiated and signed in the name of a governmental department of the People's Republic of China concerning matters within the scope of functions and powers of the department concerned shall be decided upon by the department itself or after consultation with the Ministry of Foreign Affairs. In the case of an agreement relating to matters of major importance or matters falling within the functions and powers of other departments under the State Council, the department concerned shall submit it by itself or after consultation with the other departments concerned under the State Council, to the State Council for decision. The draft agreement of the Chinese side shall be examined and decided upon by the department concerned or when necessary in consultation with the Ministry of Foreign Affairs. When major modification in the Chinese draft of a treaty or agreement already examined and decided upon by the State Council are necessary as a result of negotiation, the revised draft shall be submitted to the State Council for examination and decision. Article 6 Representatives for negotiating and signing treaties or agreements shall be appointed according to the following procedures: (1) In the case of a treaty or agreement to be concluded in the name of the People's Republic of China or the Government of the People's Republic

of China, the Ministry of Foreign Affairs or the department concerned under the State Council shall submit a report to the State Council for the appointment of a representative. The full powers of the representative shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs. (2) In the case of an agreement to be concluded in the name of a governmental department of the People's Republic of China, a representative shall be appointed by the head of the department concerned. The letter of authorization for the representative shall be signed by the head of the department. Where the head of a department signs an agreement concluded in the name of the governmental department, and where the contracting parties agree that it is necessary for the head of the department to produce full powers, the full powers shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs. The following persons shall dispense with full powers for negotiating and signing treaties and agreements: (1) the Premier of the State Council, the Minister of Foreign Affairs; (2) the head of a diplomatic mission of the People's Republic of China who negotiates and signs treaties and agreements concluded between China and the state to which he is accredited, unless it is otherwise agreed by the contracting parties; (3) the head of a governmental department of the People's Republic of China who negotiates and signs the agreements concluded in the name of his department, unless it is otherwise agreed by the contracting parties; (4) the person, dispatched to an international conference or accredited to an international organization by the People's Republic of China, who is at the same time the representative for negotiating treaties or agreements in that conference or organization, unless it is otherwise agreed by the conference or otherwise provided for in the constitution of the organization. Article 7 The ratification of treaties and important agreements shall be decided upon by the Standing Committee of the National People's Congress. The treaties and important agreements referred to in the preceding paragraph are as follows: (1) treaties of friendship and cooperation, treaties of peace and similar treaties of a political nature; (2) treaties and agreements relating to territory and delimitation of boundary lines; (3) treaties and agreements relating to judicial assistance and extradition; (4) treaties and agreements which contain stipulations inconsistent with the laws of the People's Republic of China;

(5) treaties and agreements which are subject to ratification as agreed by the contracting parties; and (6) other treaties and agreements subject to ratification. After the signing of a treaty or an important agreement, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall submit it to the State Council for examination and verification; the State Council shall then refer it to the Standing Committee of the National People's Congress for decision on ratification; the President of the People's Republic of China shall ratify it in accordance with the decision of the Standing Committee of the National People's Congress. After the ratification of a bilateral treaty or an important bilateral agreement, the Ministry of Foreign Affairs shall execute the formalities for the exchange of the instruments of ratification with the other contracting party. After the ratification of a multilateral treaty or an important multilateral agreement, the Ministry of Foreign Affairs shall execute the formalities for the deposit of the instrument of ratification with the depositary state or international organization. The instrument of ratification shall be signed by the President of the People's Republic of China and countersigned by the Minister of Foreign Affairs. Article 8 After the signing of the agreements and other instruments of the nature of a treaty which do not fall under paragraph 2, Article 7 of this Law and which are subject to approval as prescribed by the State Council or as agreed by the contracting parties, the Ministry of Foreign Affairs or the departments concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall submit them to the State Council for approval. After the approval of agreements and other instruments of the nature of a treaty, in the case of a bilateral one, the Ministry of Foreign Affairs shall execute the formalities for the exchange of the instruments of approval with the other contracting party or for mutual notification of the approval by diplomatic notes. In the case of a multilateral one, the Ministry of Foreign Affairs shall execute the formalities for the deposit of the instrument of approval with the depositary state or international organization concerned. The instrument of approval shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs. Article 9 After the signing of the agreements which need no decision on ratification by the Standing Committee of the National People's Congress or approval by the State Council, the agreements shall be submitted by the departments concerned under the State Council to the State Council for the record, except those agreements concluded in the name of the governmental departments of the People's Republic of China which are to be submitted by

these departments to the Ministry of Foreign Affairs for registration. Article 10 If the two contracting parties need to go through different domestic legal procedures for the entry into force of the same treaty or agreement, the said treaty or agreement shall enter into force after the accomplishment by the two parties of their respective legal procedures and the mutual notification by diplomatic notes. After the signing of the treaties and agreements listed in the preceding paragraph, the formalities of ratification, approval, entry on the record or registration shall be executed as the case requires in accordance with Articles 7, 8 or 9 of this Law. The formalities of notification by note shall be completed by the Ministry of Foreign Affairs. Article 11 The decision to accede to multilateral treaties or agreements shall be made by the Standing Committee of the National People's Congress or the State Council as the case requires. The procedures for acceding to multilateral treaties and agreements shall be as follows: (1) to accede to a multilateral treaty or an important multilateral agreement listed in Paragraph 2, Article 7 of this Law, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council for examination and verification; the State Council shall then refer it to the Standing Committee of the National People's Congress for decision on accession. The instrument of accession shall be signed by the Minister of Foreign Affairs, and the specific formalities executed by the Ministry of Foreign Affairs; (2) to accede to a multilateral treaty or agreement other than those listed in Paragraph 2, Article 7 of this Law, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council for decision on accession. The instrument of accession shall be signed by the Minister of Foreign Affairs, and the specific formalities executed by the Ministry of Foreign Affairs. Article 12 The decision to accept a multilateral treaty or an agreement shall be made by the State Council. In the case of a multilateral treaty or agreement containing clauses of acceptance which is signed by the Chinese representative or does not require any signature, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council for decision on acceptance. The instrument of

acceptance shall be signed by the Minister of Foreign Affairs, and the specific formalities executed by the Ministry of Foreign Affairs. Article 13 A bilateral treaty or agreement concluded by the People's Republic of China with a foreign state shall be done in the Chinese language and the official language of the other contracting party, both texts being equally authentic. When necessary, a text in the language of a third state agreed upon by the two contracting parties may be executed in addition as a third, equally authentic, official text or an unofficial text for reference. It may be stipulated by agreement of the two contracting parties that the third text shall prevail in case of divergence of interpretation of the treaty or agreement. For agreements on specific lines of business and treaties and agreements concluded with international organizations, a single language fairly commonly used internationally may also be used by agreement of the two contracting parties or in accordance with the provisions of the constitutions of the international organizations concerned. Article 14 Signed originals of bilateral treaties and agreements concluded in the name of the People's Republic of China or the Government of the People's Republic of China and copies of multilateral treaties and agreements certified as true by the depositary states or international organizations concerned shall be deposited with the Ministry of Foreign Affairs. Signed originals of bilateral agreements concluded in the name of the governmental departments of the People's Republic of China shall be deposited with these departments. Article 15 A treaty or an important agreement of which the Standing Committee of the National People's Congress has decided on ratification or accession shall be published in the bulletin of the Standing Committee of the National People's Congress. The measures for publishing other treaties and agreements shall be made by the State Council. Article 16 Treaties and agreements concluded by the People's Republic of China shall be compiled by the Ministry of Foreign Affairs into a collection of the Treaties of the People's Republic of China. Article 17 Treaties and agreements concluded by the People's Republic of China shall be registered with the Secretariat of the United Nations by the Ministry of Foreign Affairs in accordance with the relevant provisions of the United Nations Charter. Treaties and agreements concluded by the People's Republic of China that require registration with other international organizations shall be registered by the Ministry of Foreign Affairs or the departments concerned under the State Council in accordance with the

respective constitutions of the international organizations. Article 18 The procedures for the conclusion of a treaty or an agreement with an international organization by the People's Republic of China shall follow this Law and the constitution of the relevant international organization. Article 19 The procedures for amendment to, abrogation of and withdrawal from treaties and agreements concluded by the People's Republic of China shall follow mutatis mutandis the procedures for the conclusion of the treaties and agreements in question. Article 20 The State Council may make regulations in accordance with this Law for its implementation. Article 21 This Law shall enter into force as of the date of promulgation.


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