Procedural decree namely China has concluded treat

Date issued
】 【1990.12.28
】 【timely and efficient implementation date

【Key Words】 【】 1990.12.28
111604199002

breath date】 【Category】 【Content
defense and diplomacy law

【Unit】 NPC Standing Committee issued

Number】 【People Order of the President of the Republic of 第三 the 17th

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Procedure Act that China has concluded treaties
(with English) (4)
1990 年 12 月 28 Seventh National People's Congress accepted the Seventeenth Meeting

efficacy from the date of publication.
China President of the People's Republic
Yang Shangkun ; December 28, 1990

1st under the Constitution of the PRC, with the law.
Law shall apply to the People's Republic concluded with foreign bilateral and multilateral treaties, agreements and other treaties and agreements the nature of the document.
third State Council, that the Central People's Government, treaties and agreements concluded with foreign states.
the National People's Congress Standing Committee decision with exotic treaties and important agreements concluded by the ratification and abrogation.
PRC President of the National People's Congress Standing Committee's decision to approve or repeal treaties concluded with foreign states and important agreements.
Ministry of Foreign Affairs below the mastery of the State Administration of treaties and agreements concluded with foreign states the specific transaction.
Article
in the name of People's Republic of treaties and agreements concluded with foreign states:
(a) of the PRC;
; (b) of the PRC Government;
(c) of the PRC government departments;
Article
negotiating and signing treaties and agreements insistent as usual:
(a) the name of the People's Republic of negotiations and signing treaties and agreements, the Ministry of Foreign Ministry of Foreign Affairs or the State Council jointly with relevant departments to make recommendations and to develop treaties,Lacoste Gravitate Trainers, agreements, draft the Chinese side,Lacoste Zepher MR2 Trainers, the State Council for examination and decision;
(b) the name of the PRC government to negotiate and sign treaties, agreements, by the Ministry of Foreign Affairs to make recommendations and to amplify treaties, agreements, draft the Chinese side, or by the State Council to make recommendations and to develop treaties and agreements of the Chinese draft, after consultation with the Ministry of Foreign Affairs, the State Council for examination and decision. Specific lines of commerce agreements, the State Council, China's draft agreement reviewed by the State Council decision, if necessary, in consultation with the Ministry of Foreign Affairs;
(c) to negotiate ashore benefit of administration departments and the People's Republic of belongs to the division signed an agreement caring the terms of reference, the determination by the department or the ministry behind consultation with the Ministry of Foreign production decisions; comprise premonitory issues or additional pertinent departments of the State Council caring the terms of reference, by the department or the department in consultation with additional relevant departments of the State Council After the State Council for decision. The Chinese side agreed the chart decision by the department and, if I were you, in consultation with the Ministry of Foreign Affairs. resolved by the State Council for checkup
treaty the Chinese draft agreement, negotiated major alterations need to be re-submitted to the State Council for examination and decision.
Article
negotiating and signing treaties and agreements to assign representatives in accordance with the following procedures:
(a) the appoint of the PRC or the PRC Government the label of the conclusion of treaties and agreements by the Ministry of Foreign Affairs or the relevant State Council departments to send representatives to the State Council. Credentials of representatives signed by the Premier, also signed by the Minister of Foreign Affairs;
(b) to conclude agreements on behalf of the PRC government departments, representatives appointed by the heads of departments. Behalf, the certificate signed by the heads of departments. Heads of Department to sign the agreements concluded in the name of the department, the parties agreed published credentials, the testimonials signed by the Premier, also signed by the Minister of Foreign Affairs.
retinue humans negotiating and signing treaties, agreements, do not generate full powers:
(a) of the Premier, Minister of Foreign Affairs;
(b) referee and sign a charter with the host countries, the agreement of the PRC in the country brain of the mission, merely unless otherwise admitted by the parties;
(c) negotiate and sign the agreements concluded in the name of the department's Republic of China government officials, but unless otherwise agreed by the parties;
(d) of the PRC to an international session or the presence of international organizations, and by that appointment or organization to participate in treaties and agreements on behalf of the negotiations, but the meeting of the union agree otherwise, or unless otherwise catered.
Article
treaties and important agreements approved by the National People's Congress Standing Committee decision.
the preceding paragraph refers to treaties and important agreements:
(a) friendship and cooperation treaty,Womens Lacoste Trainers, the treaty of peace treaties of a political nature;
(b) the territory and delimitation of the frame treaties and agreements;
(c) relative to judicial favour, extradition treaties and agreements;
(d) PRC decrees and regulations with different treaties and agreements;
(e) the parties agreed subject to ratification of treaties and agreements;
(vi) Other subject to ratification of treaties and agreements.
treaties and important agreements signed by the Ministry of Foreign Affairs or the State Council jointly with relevant departments of Ministry of Foreign Affairs, the State Council for review; by the State Council, the National People's Congress Standing Committee determined to approve; President of the National People's Republic of China the decision of the Standing Committee for approval.
bilateral treaties and important agreements after approval by the Ministry of Foreign Affairs and the exchange of instruments of ratification of the other Contracting Party procedures; multilateral treaties and important agreements after approval by the Ministry of Foreign Affairs to the treaties and agreements depositary of the instrument of ratification or international organization procedures. Of ratification signed by the Chinese President, Foreign Minister countersign.
second paragraph of Article VII Article VIII of this Law other than those listed in the State Council shall be approved or agreed by the parties approved by the agreements and other documents of a treaty signed by the nature of , by the Ministry of Foreign Affairs or the State Council jointly with relevant departments of Ministry of Foreign Affairs, the State Council for approval.
agreements and other documents the nature of a treaty, approved after a bilateral 1, by the Ministry of Foreign Affairs and the other contracting gathering or by exchange of diplomatic notes approval for joint notice of the approval; are multilateral, by the Ministry of Foreign Affairs to the preservation of the deposit of state or international organization approval procedures. Approval signed by the Premier, also signed by the Minister of Foreign Affairs.
Article IX
not the Standing Committee of National People's Congress or the State Council approved the decision to approve the signing of the agreement, divided by the PRC government agreements concluded in the name sent by the Department of Foreign Affairs registering and other agreements by the State Council of the State Council for the record.
Article
Parties of the same treaty, its entry into force of the servant legal procedures necessary to fulfill different, the treaties and agreements among the Contracting Parties of their relative valid procedures and the foreign notes between placard to take effect.
the aforementioned treaties and agreements signed,Lacoste Finham SPM Trainers, the location should be another zone in accordance with Article VII, Article VIII, Article IX for ratification, acceptance, filing or registration. Notification procedures for note by the Ministry of Foreign Affairs.
accede to multilateral treaties and agreements, respectively, of the National People's Congress or the State Council.
acceding to multilateral treaties and agreements of the procedures are as follows:
(a) by adding second paragraph of Article VII of this Law set out the scope of multilateral treaties and important agreements, the Ministry of Foreign Affairs or the State Council jointly with relevant departments of Ministry of Foreign Affairs review, make recommendations to the State Council for review; by the State Council to the National People's Congress Standing Committee decision on accession. Of accession signed by the Minister of Foreign Affairs, the specific procedures by the Ministry of Foreign Affairs;
(b) by joining second paragraph of Article VII of this Law does not set out the coverage of multilateral treaties, agreements, or the State Council by the Ministry of Foreign Affairs Ministry of Foreign Affairs in association with review of the relevant departments, make recommendations to the State Council decision on accession. Of accession signed by the Minister of Foreign Affairs, the specific procedures by the Ministry of Foreign Affairs.
Article XII of multilateral treaties and agreements adopted by the State Council.
signed by the Chinese representative to sign or not to accept the terms including the multilateral treaties and agreements by the Ministry of Foreign Affairs or the State Council jointly with relevant departments of Ministry of Foreign Affairs review, make recommendations to the State Council made the decision to accept . Acceptance signed by the Minister of Foreign Affairs, the specific procedures by the Ministry of Foreign Affairs.
Article XIII of the PRC bilateral treaties concluded with foreign states, agreements, and the other Contracting Party, the Chinese official written languages, both texts creature equally authentic; necessary, Additional Parties agree to use a third country other words, for a third official, equally authentic reference txt or an informal text; the 2 contracting parties, can the provisions of treaties, the interpretation of the Agreement in case of divergence, the third text shall prevail.
some specific lines of business agreements and treaties with international organizations, by agreement of the contracting parties or in accordance with relevant international organizations, articles of association, you can merely use a more general international a text.
Article XIV of the PRC or the PRC government on behalf of the conclusion of bilateral treaties and agreements signed originals of treaties, agreements or worldwide unions,Womens Lacoste Shua Trainers, the depositary certified multilateral treaties, agreements, copies kept by the Ministry of Foreign Affairs; the name of the PRC government signed bilateral agreements concluded in the aboriginal, kept by the department.
Article XV of the National People's Congress Standing Committee decision to O.K. or agreement of treaties and important agreements, the National People's Congress Standing Committee of the communique announced. Other treaties and agreements promulgated by the State Council.
Article XVI of treaties and agreements concluded by the People by the Ministry of Foreign Affairs into the
Article XVII
treaties and agreements concluded by the People by the Ministry of Foreign Affairs in accordance with the relevant provisions of the Charter of the United Nations Secretariat for registration.
treaties and agreements concluded by the People of other international organizations need to be registered by the Ministry of Foreign Affairs or the State Council in accordance with the constitution of the international regulations.
Article XVIII
with the People's Republic of treaties and agreements concluded by international organizations in the process, in accordance with this Law and relevant international organizations, charter regulations.
Article XIX
treaties and agreements concluded by the People correction, cancel or exit the procedure, mutatis mutandis,Lacoste Swerve Keyline Trainers, of the treaties and agreements concluded by the programs.
under the State Council according to this Law, formulate the implementing regulations.
This Law shall come into coerce from the date of announcement.