中华人民共和国缔结条约程序法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROCEDURE OF THECONC LUSION 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）
颁布日期：19901228 　实施日期：19901228 　颁布单位：全国人大常委会

　　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 de

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