Law of China on Diplomatic Personnel Stationed Abroad

 2018-07-11  7


· Document Number:Order No. 19 of the President of the People’s Republic of China

· Area of Law: Foreign Affairs

· Level of Authority: Laws

· Date issued:10-31-2009

· Effective Date:01-01-2010

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Order of the President of the People's Republic of China
(No. 19)
Law of China on Diplomatic Personnel Stationed Abroad, which was adopted at the 11th session of the 11th NPC Standing Committee of the People's Republic of China on October 31, 2009, is hereby promulgated and shall come into force on January 1, 2010.
President of the People's Republic of China Hu Jintao
October 31, 2009
Law of the People's Republic of China on Diplomatic Personnel Stationed Abroad
(Adopted at the 11th session of the 11th NPC Standing Committee on October 31, 2009)
Contents
Chapter I General Provisions 
Chapter II Duties, Conditions, Obligations and Rights 
Chapter III Posts and Ranks 
Chapter IV Heads of Missions 
Chapter V Dispatch, Recall and Calling Back 
Chapter VI Assessment, Training and Exchange 
Chapter VII Rewards and Punishment 
Chapter VIII Wages and Benefits 
Chapter IX Spouses and Children 
Chapter X Supplementary Provisions 
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Constitution and the Civil Servant Law in order to build a team of high quality diplomatic personnel stationed abroad, ensure that the diplomatic institutions stationed abroad perform their duties in accordance with law, regulate the administration of diplomatic personnel stationed abroad, and protect the legitimate rights and interests of the diplomatic personnel stationed abroad.
Article 2 The term “diplomatic personnel stationed abroad” as mentioned in these Measures refers to the personnel who perform the diplomatic and consular work in the diplomatic institutions of the People's Republic of China stationed abroad, use the administrative staffing quotas for personnel stationed abroad, and possess diplomatic ranks.
The term “diplomatic institutions stationed abroad” as mentioned in these Measures refers to the embassies and consulates of the People's Republic of China in foreign countries, the permanent missions to the United Nations and other inter-governmental organizations, and other representative institutions.
These Measures shall apply to the obligations, rights and administration of diplomatic personnel stationed abroad. What is not provided for in these Measures shall be governed by the Civil Servant Law.
Article 3 The diplomatic personnel stationed abroad shall be protected by law in performing their duties according to law.
Article 4 The Ministry of Foreign Affairs shall play a leading role in the work of the diplomatic institutions stationed abroad, and administer the diplomatic personnel stationed abroad jointly with other dispatching departments.
Chapter II Duties, Conditions, Obligations and Rights
Article 5 Diplomatic personnel stationed abroad shall, in accordance with their posts and division of work, perform the following duties:
(1) safeguarding national sovereignty, security, honor and interests;
(2) implementing the national diplomatic guidelines and policies;
(3) making diplomatic representations on behalf of the state;
(4) furthering the relations between China and the countries of residence, participating in the activities of international organizations, and promoting bilateral and multilateral friendly exchanges and cooperation;
(5) protecting the legitimate rights and interests of Chinese citizens and legal persons in foreign countries;
(6) reporting the happenings of the countries of residence and the relevant regional and international situation;
(7) introducing China as well as its domestic and foreign policies of China, and promoting the understanding of the countries of residence to China; and
(8) performing other diplomatic or consular duties.
Ambassadors extraordinary and plenipotentiary are the representatives of the People's Republic of China in the countries of residence.
Article 6 Diplomatic personnel stationed abroad shall:
(1) be a citizen of the People's Republic of China;
(2) be more than 23 years old;
(3) uphold the Constitution of the People's Republic of China;
(4) have good political awareness and ethics;
(5) have the expertise, working capability and language skills necessary for the work;
(6) have the physical conditions, psychological qualifications and adaptability required for permanently residing abroad; and
(7) meet other requirements as prescribed by law.
Article 7 Whoever falls under any of the following circumstances may not be appointed as a diplomat stationed abroad:
(1) having been given a criminal punishment for a crime;
(2) having been discharged from public employment;
(3) having been dismissed by a state organ;
(4) holding a foreign long-term or permanent residence permit;
(5) his spouse has a foreign nationality, or holds a foreign long-term or permanent residence permit; or
(6) other circumstances under which he may not be appointed as a diplomat stationed abroad.
Article 8 Diplomatic personnel stationed abroad shall perform the following obligations:
(1) keeping loyal to the motherland and the people, and safeguarding national dignity;
(2) complying with the Constitution and laws of the People's Republic of China and respecting the laws and customs of the countries of residence;
(3) being dedicated, performing their duties with due diligence, and completing all kinds of tasks;
(4) obeying the dispatch of the dispatching departments, and complying with the regulations, rules and work disciplines of the diplomatic institutions stationed abroad;
(5) strictly keeping confidential the state secrets and work-related secrets;
(6) not resigning during the period of working abroad;
(7) reporting major personal issues to the diplomatic institutions stationed abroad and the dispatching departments in accordance with the relevant provisions; and
(8) other obligations as prescribed by law.
Article 9 Diplomatic personnel stationed abroad shall enjoy the following rights:
(1) having the working conditions necessary for performing their duties;
(2) obtaining the wages, benefits, insurance and treatment appropriate for their work and living in the countries of residence;
(3) refraining from being dismissed during the period of working abroad;
(4) participating in training before dispatch and during their working abroad; and
(5) other rights as prescribed by law.
Article 10 Diplomatic personnel stationed abroad shall enjoy corresponding privileges and immunities during their working abroad according to the international treaties concluded or acceded to by the People's Republic of China.
Diplomatic personnel stationed abroad shall not abuse their privileges and immunities, and shall not give up privileges and immunities without approval.
Chapter III Posts and Ranks
Article 11 The posts of diplomatic personnel stationed abroad shall be divided into diplomatic posts and consular posts.
The diplomatic posts shall be divided into: ambassador extraordinary and plenipotentiary, representative, deputy representative, minister, minister counselor, counselor, first secretary, second secretary, third secretary, and attaché.
The consular posts shall be divided into: consul general, deputy consul general, consul, vice consul, and consular attaché.
Article 12 Diplomatic personnel stationed abroad shall be governed by the system of diplomatic ranks.
The diplomatic ranks shall be divided into seven classes: the rank of ambassador, rank of minister, rank of counselor, rank of first secretary, rank of second secretary, rank of third secretary, and rank of attaché.
The diplomatic ranks of diplomatic personnel stationed abroad shall be determined in accordance with the posts they hold in the diplomatic institutions stationed abroad, their posts and ranks for civil servants and the needs for diplomatic work.
Article 13 The basic relationship of correspondence between diplomatic posts and diplomatic ranks shall be:
(1) Ambassador extraordinary and plenipotentiary: the rank of ambassador;
(2) Representative or deputy representative: the rank of ambassador, the rank of minister, or the rank of counselor;
(3) Minister or minister counselor: the rank of minister;
(4) Counselor: the rank of counselor;
(5) First Secretary: the rank of first secretary;
(6) Second Secretary: the rank of second secretary;
(7) Third Secretary: the rank of third secretary; and
(8) Attaché: the rank of attaché.
Article 14 The basic relationship of correspondence between the consular posts and the diplomatic ranks shall be:
(1) Consul general: the rank of ambassador, the rank of minister, or the rank of counselor;
(2) Deputy consul general: the rank of counselor;
(3) Consul: the rank of counselor, the rank of first secretary, or the rank of second secretary;
(4) Vice consul: the rank of third secretary, or the rank of attaché; and
(5) Consular attaché: the rank of attaché.
Article 15 The correspondence between the posts and diplomatic ranks of diplomatic personnel stationed abroad and their civil servants' posts and ranks shall be prescribed separately.
Article 16 The posts of diplomatic personnel stationed abroad shall be determined in accordance with the following powers:
(1) The ambassadors extraordinary and plenipotentiary and representatives and deputy representatives who are ambassadors extraordinary and plenipotentiary shall be determined by the NPC Standing Committee;
(2) The representatives and deputy representatives other than those mentioned in the aforesaid sub-paragraph shall be determined by the State Council;
(3) The consuls general shall be determined by the Ministry of Foreign Affairs;
(4) The posts of minister, minister counselor, counselor, deputy consul general, and other diplomatic personnel stationed abroad shall be determined by the Ministry of Foreign Affairs or other departments that dispatch them; in particular, the posts lower than the third secretary or the vice consul shall be determined by the diplomatic institutions stationed abroad during the period of working abroad.
Article 17 The diplomatic ranks shall be approved and granted in accordance with the following powers:
(1) The rank of ambassador shall be approved and granted by the premier of the State Council;
(2) The rank of minister and counselor shall be approved by the Ministry of Foreign Affairs or other dispatching departments, and granted by the minister of Foreign Affairs;
(3) The rank of first secretary and second secretary shall be approved and granted by the dispatching departments during the period of dispatch, and be approved and granted by the dispatching departments according to the opinions of the diplomatic institutions stationed abroad during the period of working abroad.
(4) The rank of third secretary and attaché shall be approved and granted by the dispatching departments during the period of dispatch, and be approved and granted by the diplomatic institutions stationed abroad during the period of working abroad.
Article 18 To be promoted to the third secretary or vice consul and corresponding ranks, the diplomatic personnel stationed abroad shall be promoted level by level under the prescribed conditions and term for promotion and according to the powers as prescribed in Articles 16 and 17 of these Measures; if a diplomat is not qualified for promotion upon assessment, he may be promoted later according to the opinions of the diplomatic institution stationed abroad and upon approval of the dispatching department.
To be promoted to the second secretary, first secretary, counselor, minister counselor, minister or consul, vice consul general and corresponding ranks, the diplomatic personnel stationed abroad shall be promoted level by level by means of selecting the best for promotion according to the conditions and term for promotion and the opinions on promotion as put forward by the diplomatic institutions stationed abroad, and according to the powers as prescribed by Articles 16 and 17 of these Measures.
The conditions and term for the promotion diplomatic personnel stationed abroad in respect of post or rank shall be formulated separately.
Article 19 A diplomat stationed abroad shall not be promoted in either post or rank when he is given a sanction during his stay abroad.
Article 20 Where a diplomat stationed abroad is demoted or dismissed, his rank shall be lowered in accordance with the relevant provisions. The lowering of ranks shall not be applicable to the rank of attaché.
Where a diplomat stationed abroad leaves his post and returns to his country, his rank shall be terminated correspondingly. If it is really necessary to keep it for purposes diplomatic work, it may be retained. The specific measures shall be separately prescribed by the Ministry of Foreign Affairs jointly with the relevant departments of the State Council.
Chapter IV Heads of Missions
Article 21 The heads of missions are the chief executives of the diplomatic institutions stationed abroad. An ambassador extraordinary and plenipotentiary shall be the head of an embassy. A representative shall be the head of a permanent representative institution to the Untied Nations or any other inter-governmental organization. A consul general shall be the head of a consulate general. A consul shall be the head of a consulate.
The diplomatic institutions stationed abroad shall be governed by the head accountability system. A head of mission shall uniformly lead all kinds of work of the diplomatic institution stationed abroad.
Article 22 Where a head of mission fails to perform his duties due to certain reasons or the office is vacant, someone else shall be assigned to perform the duties of the head of mission.
Article 23 A head of mission shall submit a written report on his assignment to post or leaving the post to the dispatching department.
A head of mission shall return to the country on schedule to report his work.
Chapter V Dispatch, Recall and Calling Back
Article 24 Ambassadors extraordinary and plenipotentiary and representatives or deputy representatives who are ambassadors extraordinary and plenipotentiary shall be dispatched and recalled by the president of the People's Republic of China in accordance with the decision of the NPC Standing Committee.
The representatives and deputy representatives other than those in the preceding paragraph shall be dispatched and called back by the State Council or the dispatching departments.
Other diplomatic personnel stationed abroad shall be dispatched and called back by the Ministry of Foreign Affairs and other dispatching departments.
Article 25 The diplomatic personnel stationed abroad shall serve for a certain term of office. In accordance with the needs of work, the term of office of a diplomat stationed abroad may be properly shortened or extended upon the approval of the dispatching department.
Article 26 Where a diplomat stationed abroad falls under any of the following circumstances, he shall be called back in advance:
(1) being assigned a different job;
(2) failing to perform his duties;
(3) violating the law or seriously violating disciplines;
(4) his spouse becomes the citizen of another country, or obtains a foreign long-term or permanent residence permit;
(5) any other circumstance that makes it inappropriate for him to continue working in the diplomatic institution stationed abroad.
Article 27 The state may, where necessary, urgently recall, call back or withdraw some or all the personnel of the relevant diplomatic institutions stationed abroad.
Chapter VI Assessment, Training and Exchange
Article 28 The assessment on diplomatic personnel stationed abroad shall be divided into unofficial assessment and periodical assessment, which shall be organized and implemented by the diplomatic institutions stationed abroad or the dispatching departments according to the relevant provisions of the state.
The assessment of the diplomatic personnel stationed abroad shall be based on the duties and tasks assumed by such personnel, with the morality, capability, diligence, achievement, and uprightness thereof being assessed in an all-round manner, but focus shall be put on the practical achievements of their work.
The results of assessment shall be taken as the basis for changing the post, rank, wage, reward, training, etc. of the diplomatic personnel stationed abroad.
Article 29 Before a diplomat is dispatched and during the period when he works abroad, training for assuming office and professional training shall be given in accordance with the requirements of the duties.
Article 30 Diplomatic personnel stationed abroad shall hold positions pro tem in other diplomatic institutions stationed abroad; where necessary, they may hold positions pro tem in the dispatching department or other related departments.
Article 31 The training and experiences on post exchange of diplomatic personnel stationed abroad shall be taken as an element of assessment.
Chapter VII Rewards and Punishment
Article 32 A diplomatic institution or a diplomat stationed abroad shall be rewarded in accordance with law if it or he:
(1) has made significant contributions for protecting the national sovereignty, security, honor, and interests;
(2) has made remarkable contributions for protecting the personal and property safety or other legitimate rights and interests of Chinese citizens and legal persons in foreign countries;
(3) has made significant contributions in responding to major emergencies;
(4) has outstanding deeds in specific difficult conditions such as chaos caused by war;
(5) has made remarkable contributions for keeping confidential the state secrets;
(6) has set an example in observing disciplines, being honest in the performance of duties, working in an upright way, being impartial in handling, etc;
(7) has performed his duties with due diligence and having outstanding work performance; or
(8) has made any other outstanding performance for which a reward shall be given.
Article 33 Where a diplomat stationed abroad commits any of the following acts, he shall be given a corresponding sanction; where a crime is constituted, he shall be subject to criminal liabilities according to law:
(1) having undermined national sovereignty, security, honors and interests;
(2) shirking the diplomatic institution stationed abroad without authorization;
(3) divulging any state secret or work secret;
(4) seeking private gains for himself or anyone else by taking advantage of his post;
(5) engaging or participating in any profit-making activity or holding a concurrent position in an enterprise or any other for-profit organization;
(6) neglecting his duties so that the work thereof is bungled;
(7) not obeying the dispatch, and refusing to hold the post assigned to him; or
(8) having committed any other act in violation of law or discipline.
Article 34 The Ministry of Foreign Affairs or any other dispatching department shall, in accordance with the statutory powers and procedures, reward the diplomatic institutions stationed abroad, and reward or punish the diplomatic personnel stationed abroad.
Chapter VIII Wages and Benefits
Article 35 The diplomatic personnel stationed abroad shall be subject to an overseas wage system in combination of the post, rank, and rating.
Article 36 The state shall establish a wage adjustment mechanism for diplomatic personnel stationed abroad to timely adjust the wages and living treatment of the diplomatic personnel stationed abroad.
Article 37 The diplomatic personnel stationed abroad shall enjoy allowances and subsidies according to the relevant provisions of the state.
Article 38 The state shall provide necessary medical security and safety measures for diplomatic personnel stationed abroad, and provide necessary personal accident insurance in accordance with the relevant provisions.
Article 39 The diplomatic personnel stationed abroad shall enjoy paid annual leave and tenure leave as prescribed by the state.
Chapter IX Spouses and Children
Article 40 A diplomat stationed abroad shall, before handling the formalities of marriage, truthfully report the identity and other information on his partner to the dispatching department in accordance with the relevant provisions.
Where a diplomat stationed abroad is divorced, he shall timely report it to the dispatching department.
Article 41 A diplomat stationed abroad shall obtain the approval of the dispatching department in order to have his (her) spouse accompany him (her).
Where a diplomat stationed abroad completes his tenure or is called back in advance, his accompanying spouse shall end the accompaniment simultaneously.
Article 42 When the spouse of a diplomat stationed abroad accompanies the diplomat abroad, he/she shall, in accordance with the post, rank, and service years of the diplomat stationed abroad and the living conditions of the country of residence, enjoy the prescribed treatment on leave.
Article 43 Where the spouse of a diplomat stationed abroad is a permanent staff member of a state organ or a public institution, or works in a wholly state-owned enterprise, a wholly state-owned company or a company in which the state has a controlling stake, or is a soldier in active service, his/her work arrangements in the original entity where he/she works when he/she accompanies his/her spouse abroad and after he/she ends the accompaniment and returns to the country shall be handled in accordance with the relevant provisions of the state; his/her employer shall not dismiss or fire him/her or charge any compensation fees, management fees or other fees due to the accompaniment.
Article 44 Where the spouse of a diplomat stationed abroad does not accompany his/her spouse abroad, he/she may, upon the approval of the dispatching department, go to the diplomatic institution stationed abroad for a family reunion, and enjoy the corresponding treatment with respect to home visit leave, travelling expenses and subsidies in accordance with the relevant provisions.
Article 45 The minor children of diplomatic personnel stationed abroad may, upon the approval of the dispatching departments, go to the diplomatic institutions stationed abroad for accompaniment or family visits.
The state shall take various measures to guarantee the right to education of the minor children of diplomatic personnel stationed abroad in accordance with law.
Article 46 The spouse or child of a diplomat stationed abroad who accompanies the diplomat abroad, or pays a family visit shall comply with the rules and regulations of the diplomatic institution stationed abroad, and respect the laws and customs of the country of residence.
Chapter X Supplementary Provisions
Article 47 The defense attachés of the diplomatic institutions stationed abroad shall be governed by these Measures analogically, and the specific measures shall be formulated by the Central Military Commission.
Article 48 These Measures shall come into force on January 1, 2010.