People's Republic of China President, 19th
People's Republic of China Law on diplomatic personnel stationed abroad are carried out by People's Republic of China adopted at the 11th session of the 11th National People's Congress Standing Committee session on October 31, 2009, are hereby promulgated and come into force on January 1, 2010.
People's Republic of China President Hu Jintao
The October 31, 2009
People's Republic of China diplomatic personnel law
(October 31, 2009, adopted at the 11th session of the Standing Committee of the 11th National People's Congress session)
Directory
Chapter I General provisions
Chapter II functions, conditions, obligations and rights
Chapter III post and rank
The fourth chapter Director
Fifth chapter to send, recall and back
Sixth chapter evaluation, training and communication
The seventh chapter of rewards and punishment
The eighth chapter wages and benefits
Nineth part of spouses and children
The tenth chapter supplementary articles
Chapter I General provisions
First in order to build high quality team of diplomatic personnel stationed abroad, guarantees diplomatic institutions perform their duties according to law, standardize the management of diplomatic personnel, and protect the lawful rights and interests of diplomatic personnel stationed abroad, in accordance with the Constitution and the civil service law, this law is enacted.
Second diplomatic personnel in this law refers to the People's Republic of China diplomatic, consular, diplomatic institutions in the work, the use of diplomatic and administrative preparation, personnel with diplomatic rank.
Diplomatic institutions in this law refers to People's Republic of China embassies in foreign countries, and consular delegations and permanent missions to the United Nations and other inter-governmental organizations and other representative bodies. Diplomatic personnel of the obligations, rights, and management, this law shall apply.
Is not stipulated in this law, civil service law shall apply.
Article diplomatic personnel to perform their duties, and are protected by law.
Fourth unified leadership of the Ministry of Foreign Affairs diplomatic institutions of work, together with the departments sent on diplomatic personnel management.
Chapter II functions, conditions, obligations and rights
Fifth diplomatic personnel should be based on job title and Division of work, carry out the following functions:
(A) safeguarding national sovereignty, security, reputation and interests;
(B) carry out the foreign policy of the State;
(C) on behalf of the State made diplomatic representations;
(D) the development of China's relations with the United States, participate in the activities of international organizations, promote bilateral and multilateral exchanges and cooperation;
(E) maintain the legitimate rights of Chinese citizens and legal persons in foreign countries;
(F) report on the country and on the regional and international situation;
(VII) about China and domestic and foreign policies that enhance the country and the world to understand China;
(H) perform other diplomatic or consular functions.
Ambassador Extraordinary and Plenipotentiary to be People's Republic of China representatives of the host country.
Sixth diplomatic personnel should meet the following conditions:
(A) the People's Republic of China nationality;
(B) aged 23 years old;
(C) support People's Republic of China Constitution;
(Iv) have good political quality and conduct;
(E) has the expertise needed to do the work, work ability and language ability;
(F) is required for permanent foreign physical and psychological quality and ability to adapt;
(VII) other conditions prescribed by law.
The seventh under any of the following circumstances, it shall not be appointed to diplomatic personnel:
(A) have been subjected to criminal punishment for crime;
(B) have been discharged from public employment;
(C) was dismissed by State organs;
(Iv) holders of foreign long-term or permanent residence permit;
(E) the spouse with foreign nationality, foreign long-term or permanent residence permit;
(F) shall not be appointed to diplomatic personnel of other cases.
Article eighth diplomatic personnel shall perform the following obligations:
(A) loyal to the motherland and the people to safeguard national dignity;
(B) loyal to the People's Republic of China Constitution and the law, respecting the laws and customs of the host country;
(C) committed, conscientious and completed various tasks;
(D) obey the dispatching Department dispatching, observance of diplomatic institutions rules and regulations and discipline;
(E) keeping state secrets and secrets;
(F) not allowed to work abroad during the resignation;
(VII) in accordance with the provisions sent to diplomatic institutions and sector reports on major issues;
(VIII) other obligations prescribed by law.
The Nineth diplomatic personnel shall enjoy the following rights:
(A) access to carry out their duties should have conditions of work;
(B) access to permanent work abroad, living wages and benefits commensurate benefits;
(C) while working in embassies and not be dismissed;
(D) prior to deployment and during work abroad to attend the training;
(E) other rights prescribed by law.
Diplomatic personnel stationed abroad, in accordance with article tenth People's Republic of China concluded or acceded to international treaties, while working in embassies enjoying corresponding privileges and immunities.
Shall not abuse the privileges and immunities of diplomatic personnel, unauthorised waiver of privileges and immunities.
Chapter III post and rank
11th diplomatic personnel positions are divided into diplomatic and consular positions.
Diplomatic posts are divided into: Ambassador Extraordinary and Plenipotentiary, representative, a Deputy Representative, Minister, Minister Counsellor, counselor, first Secretary, Second Secretary, Third Secretary, Attaché.
Consular functions are divided into: Consul-General, the Deputy Consul-General, Consul, Vice-Consul, Consular Attaché.
The 12th diplomatic personnel system of diplomatic rank.
Seven established diplomatic rank: Ambassador, Minister, Counsellor to the title, first Secretary title Third Secretary, Second Secretary in the title, the title, and attaché to the title.
Diplomatic rank of diplomatic personnel, according to its diplomatic institutions held a number of positions, at official level and diplomatic work needs to be determined.
13th diplomatic duties with diplomatic rank corresponds to the basic relationship as follows:
(A) Ambassador Extraordinary and Plenipotentiary: Ambassador;
(B) representatives and deputy representatives: Ambassador title, Minister, Counsellor to the title;
(C) the Minister, and the Minister-Counsellor: Minister;
(D) the Counsellor: counselor to the title;
(E) first Secretary: first Secretary title;
(Vi) Second Secretary: Second Secretary to the title;
(G) Third Secretary: Third Secretary title;
(VIII) suite: Suite titles.
14th consular post with diplomatic rank corresponds to the basic relationship as follows:
(A) General: the Ambassador and the Minister, Counsellor to the title;
(B) the Deputy Consul General: counselor to the title;
(C) consular: title title of, Second Secretary, first Secretary, Counsellor titles;
(D) the Vice Consul: Third Secretary title, Attaché to the title;
(V) Consular Attaché: Attaché to the title.
15th the position of diplomatic personnel stationed abroad and of foreign titles are linked to civil service positions correspond to the levels stipulated separately.
16th diplomatic personnel's duties in accordance with the following permissions:
(A) Ambassador Extraordinary and Plenipotentiary, and representative, Deputy Representative, Ambassador Extraordinary and Plenipotentiary, decided by the Standing Committee of the national people's Congress;
(B) outside the aforementioned representatives, Deputy representatives, and by the decision of the State Council;
(C) the Consul General, determined by the Ministry of Foreign Affairs;
(D) the Minister, and the Minister-Counsellor, counselor, Deputy Consul General and other diplomatic personnel duties, sent by the Ministry of Foreign Affairs or other departments, in which the Third Secretary and Vice Consul of the following positions, over the diplomatic work by the diplomatic authorities ' decisions.
The 17th approved and granted diplomatic rank in accordance with the following permissions:
(A) the title of Ambassador, granted by the approval of the State Council;
(B) the Minister, Counsellor to the title, sent by the Ministry of Foreign Affairs or other departments, Foreign Minister granted;
(C) the title of, Second Secretary, first Secretary title, sent by the send approval and grants, during the diplomatic work by the dispatching Department on the advice of diplomatic institutions approved and granted;
(D) the Third Secretary in the title, Attaché to the title, sent by the send approval and grants, during the diplomatic work by the diplomatic agencies approved and granted.
18th diplomatic personnel promoted Third Secretary, Vice Consul and the corresponding rank, in accordance with the provisions of the promotion criteria, deadlines, respectively, in accordance with the method set forth in the 16th, 17th permission promoted; assessment of promotion conditions do not have, on the advice of diplomatic institutions, approved by the dispatching Department, delayed promotions.
Diplomatic personnel promotions, Second Secretary, first Secretary, Counsellor, Minister or Minister-Counsellor, Consul, Vice Consul General and the corresponding rank, according to promotion terms, deadlines and diplomatic bodies for the promotion of, respectively, in accordance with the permission of law set forth in the 16th, 17th, stepwise selection for promotion.
Diplomatic personnel post and rank promotion criteria, deadlines stipulated separately.
19th diplomatic personnel stationed abroad during the punishment, his duties and ranks not promoted. 20th diplomatic personnel by the demotion, dismissal shall be in accordance with the provisions of lower rank.
Lower rank not applicable for suites to the title. Foreign diplomats leave for home, the rank appropriate to terminate. Diplomatic career in real need, can be retained.
Specific measures shall be prescribed separately by the Ministry of Foreign Affairs, in conjunction with relevant departments under the State Council.
The fourth chapter Director Curator of the 21st is the Executive Head of diplomatic institutions. Ambassador Extraordinary and Plenipotentiary, Embassy of the curator. Representatives for representatives of permanent missions to the United Nations and other international intergovernmental organizations Agency Director. Curator of the Consul-General, Consulate General.
The curator of a Consul for the Consulate. Curator of the diplomatic institutions in charge.
Director of unified leadership the work of diplomatic institutions.
The 22nd when the Director becomes vacant or is otherwise unable to perform their duties, by being designated by the Deputy head to exercise responsibility.
Director of the 23rd sent should be submitted to the arrival and departure of the written report.
Curators should be returned on schedule to report his work.
Fifth chapter to send, recall and back
24th Ambassador Extraordinary and Plenipotentiary, representative and Deputy Representative, Ambassador Extraordinary and Plenipotentiary, People's Republic of China President, in accordance with decisions of the Standing Committee of the national people's Congress, appoints and recalls.
Representatives and deputy representatives from outside of the preceding paragraph, sent by the State Council or the Department and sent back.
Other diplomatic personnel stationed abroad, sent by the Ministry of Foreign Affairs or other departments and sent back. The 25th term of diplomatic personnel system.
In accordance with work requirements, approved by the dispatching Department, diplomatic personnel stationed abroad, duration can be shortened or extended.
26th diplomatic personnel have one of the following circumstances, should recall in advance:
(A) other working arrangements;
(B) fails to perform his duties;
(C) violate the law or serious disciplinary offence;
(D) the spouse acquired a foreign nationality, foreign long-term or permanent residence permit;
(E) should not continue to work diplomatic institutions in other circumstances.
27th State may need an emergency recall, recall or withdraw part or all personnel of diplomatic institutions.
Sixth chapter evaluation, training and communication
28th diplomatic personnel assessment consists of routinely and periodically, sent by diplomatic agencies or departments in accordance with the regulations of the State organization.
The assessment of diplomatic personnel stationed abroad, takes its responsibilities and tasks as basis for comprehensive evaluation ethics, ability, diligence, performance, and low, with a focus on performance evaluation.
Test results, as a diplomatic post, rank, level, wages and reward for diplomatic personnel, training, and more ...
29th article prior to deployment and during work abroad, according to the job requirement, shall serve the diplomatic personnel and professional training.
30th diplomatic personnel should be on the exchange of diplomatic representation between the institutions; in accordance with work requirements, can also be sent for service exchanges between the Department or any other Department.
31st serve diplomatic personnel training and exchange of experience, included in the content.
The seventh chapter of rewards and punishment
32nd diplomatic institutions or diplomatic personnel stationed abroad, one of the following circumstances shall be given rewards:
(A) to safeguard national sovereignty, security, reputation and interests make a significant contribution;
(B) to protect Chinese citizens and legal persons outside the personal and property safety or other legitimate rights and interests have made outstanding contributions to;
(C) make a significant contribution in response to major emergencies;
(D) in particular outstanding deeds in the harsh environment, war;
(E) for the protection of State secrets made outstanding contributions;
(F) the discipline, integrity, decency, fair and exemplary outstanding;
(G) conscientious, outstanding performance;
(VIII) other outstanding performances shall be rewarded.
33rd diplomatic personnel have one of the following acts, shall be subject to appropriate disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:
(A) prejudice the sovereignty, security, reputation and interests;
(B) out of diplomatic institutions without authorization;
(C) divulge State secrets or secrets;
(D) used his position to seek personal benefits for themselves or others;
(E) engage in or engaging in profit-making activities, and also positions in businesses or other for-profit organizations;
(F) neglect, delay;
(VII) not subject to disposal, refuse sent to work in jobs;
(VIII) any other offence or disciplinary offence.
34th Ministry of Foreign Affairs or other dispatch Department in accordance with statutory authority and procedures to award diplomatic institutions, diplomatic personnel reward or punishment.
The eighth chapter wages and benefits
35th diplomatic personnel post, rank levels with a combination of foreign wage system.
36th State to establish diplomatic personnel wage adjustment mechanism, adjust diplomatic personnel salaries and benefits.
37th diplomatic personnel enjoy allowances, subsidies in accordance with State regulations.
The 38th State to diplomatic personnel to provide the necessary health and safety measures and provide the necessary personal accident insurance in accordance with the relevant provisions.
39th diplomatic personnel enjoy the State paid annual leave and term of Office.
Nineth part of spouses and children
40th diplomatic personnel before going through the formalities of marriage shall be in accordance with the provisions to the dispatching Department report the status of marriage.
Divorce diplomatic personnel stationed abroad, and shall promptly report to the dispatch Department.
41st accompanying spouses of diplomatic personnel, should be approved by the dispatching Department.
Diplomatic personnel stationed abroad or back in advance of the end of term, either of the spouses shall end with.
During the 42nd accompanying spouses of diplomatic personnel, according to diplomatic personnel, position and rank, service life and the living conditions in the host country, enjoy the leave benefits provided.
Article 43rd spouses of diplomatic personnel stationed abroad for staff of State organs, institutions, State-owned enterprises, State-owned companies and State-owned capital controlled company personnel or servicemen, during his term and end with either after returning to the Organization of work, in accordance with national provisions; former employer on account of its accompanying them fired, dismissed or receive compensation, management fees and other expenses.
44th not accompanying spouses of diplomatic personnel, approved by the dispatching Department, diplomatic institutions to visit relatives, in accordance with the provisions of home leave, travel and benefits.
Article 45th minor children of diplomatic personnel stationed abroad, approved by the dispatching Department, can diplomatic institutions or to visit relatives.
States to take measures to protect diplomatic personnel stationed abroad shall enjoy the right to education of minor children.
Article 46th, with the spouses, children and relatives of diplomatic personnel shall abide by the diplomatic agencies rules and regulations, respecting the laws and customs of the host country.
The tenth chapter supplementary articles
47th diplomatic institutions Attaché references to the law, and the specific measures formulated by the Central Military Commission. 48th article of the law shall enter into force on January 1, 2010.
