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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

2009-03-24 法律英语 来源:互联网 作者:
cision 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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