Procedure Law of China on Conclusion of Treaties

 2018-07-16  18


· Area of Law: Foreign Affairs

· Level of Authority: Laws

· Date issued:12-28-1990

· Effective Date:12-28-1990

· Status: Effective

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

 

PROCEDURAL LAW OF CHINA ON CONCLUSION OF TREATIES
(Adopted by the Seventeenth Session of the Standing Committee of the Seventh National People's Congress on December 28, 1990, Promulgated by Decree No. 37 of President of the People's Republic of China on December 28, 1990, and Effective as of the date of promulgation)
Article 1. This Law is formulated 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 of the People's Republic of China, that is, the Central People's Government 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, pursuant to the 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 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 foreign states in the name of:
(1) The People's Republic of China;
(2) The Government of the People's Republic of China;
(3) The government departments of the People's Republic of China.
Article 5. The procedures for the decision on negotiating and signing of treaties and agreements are as follows:
(1) With respect to the negotiation and signing of treaties and agreements in the name of the People's Republic of China, the Ministry of Foreign Affairs, or the departments concerned under the State Council in conjunction with the Ministry of Foreign Affairs, shall make a recommendation and work out the draft treaty or agreement of the Chinese side, and submit it to the State Council for examination and decision;
(2) With respect to the negotiations and signing of treaties and agreements in the name of the Government of the People's Republic of China, the Ministry of Foreign Affairs or the departments concerned under the State Council after consultation with the Ministry of Foreign Affairs, shall make a recommendation and work out the draft of the Chinese side and submit it to the State Council for examination and decision. With respect to agreements concerning specific business affairs, with the consent of the State Council, the draft agreement of the Chinese side shall be examined and decided upon by the departments concerned under the State Council or in consultation with the Ministry of Foreign Affairs when necessary;
(3) With respect to the negotiations and signing of agreements in the name of a government department of the People's Republic of China concerning matters within the functional competence of the department concerned, the decision shall be made by the department or in consultation with the Ministry of Foreign Affairs. In the case of an agreement involving matters of major importance or matters falling within the functional competence of other departments under the State Council, the department concerned or in consultation with the other departments concerned the State Council, shall submit it to the State Council for decision. The draft agreement of the Chinese side shall be examined and decided upon by the department concerned or in consultation with the Ministry of Foreign Affairs when necessary.
In case that the Chinese draft of a treaty or agreement already examined and decided upon by the State Council shall have to undergo major modifications as a result of negotiation, the revised draft shall be re-submitted to the State Council for examination and decision.
Article 6. For the purpose of negotiating and signing treaties or agreements, representatives shall be appointed according to the following procedures:
(1) With respect to the conclusion of a treaty or agreement in the name of the People's Republic of China or the Government of the People's Republic of China, a representative shall be appointed by the State Council upon recommendation by the Ministry of Foreign Affairs or the department concerned under the State Council. 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) With respect to the conclusion of an agreement in the name of a government 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. When the contracting parties agree that it is necessary for the head of the department to produce full powers for signing an agreement concluded in the name of the department, 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 and the Minister of Foreign Affairs;
(2) The heads of the diplomatic missions of the People's Republic of China who negotiate and sign treaties or agreements concluded between China and the States to which they are accredited, unless it is otherwise agreed by the contracting parties;
(3) The heads of the government departments of the People's Republic of China who negotiate and sign the agreements concluded in the name of their departments, unless it is otherwise agreed by the contracting parties;
(4) The representatives accredited by the People's Republic of China to an international conference or international organization for the purpose of 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 that 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 other treaties of a political nature;
(2) Treaties and agreements concerning 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;
(6) Other treaties and agreements subject to ratification.
A treaty or an important agreement after being signed, shall be submitted by the Ministry of Foreign Affairs or by the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs to the State Council for examination. It shall then be submitted by the State Council 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 pursuant to 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 agreements or other signed 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 required by the State Council or as agreed by the contracting parties, the aforesaid agreements or instruments shall be submitted by the Ministry of foreign Affairs or the departments concerned under the State Council in conjunction with the Ministry of Foreign Affairs to the State Council for approval.
With respect to approved agreements and other approved 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 by diplomatic notes of the approval. 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 for which on ratification by the Standing Committee of the National People's Congress or approval by the State Council are not required 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 government 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 of agreement, the said treaty or agreement shall enter into force upon the mutual notification by diplomatic notes of the accomplishment by the two parties of their respective legal procedures.
After the signing of 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 and 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 respectively by the Standing Committee of the National People's Congress or the State Council.
The procedures for acceding to multilateral treaties and agreements are 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, Whereupon the State Council shall, after review, submit 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 procedures 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 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 not signed because no signature is necessary, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make 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 country 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 consent of the two contracting parties that the third text shall prevail in case of divergence of interpretation of the treaty of agreement.
For agreements concerning business affairs and treaties and agreements concluded with international organizations, a single language fairly commonly used internationally may also be used by consent 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 government 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 provided for 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 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 provisions of 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 be conducted in accordance with this Law and the provisions of the constitution of the 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 formulate regulations in accordance with this Law for its implementation.
Article 21. This Law shall come into force from the date of its promulgation.