Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2004-427 of 19 May 2004 authorizing the approval of the agreement between the Government of the French Republic and the Government of the People's Republic of China on the establishment and status of cultural centres, signed in Paris on 29 November 2002;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 79-555 of 26 June 1979 publishing the scientific and technical agreement between the Government of the French Republic and the Government of the People's Republic of China, signed in Beijing on 21 January 1978;
Vu le Decree No. 2002-1365 of 14 November 2002 issuing the cultural cooperation agreement between the Government of the French Republic and the Government of the People's Republic of China, signed in Paris on 27 September 2002,
Decrete:
The agreement between the Government of the French Republic and the Government of the People's Republic of China on the creation and status of the Cultural Centres, signed in Paris on 29 November 2002, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE CHINA POPULAR REPUBLIC ON THE CREDATION AND STATUS OF CULTURAL CENTRES
The Government of the French Republic and the Government of the People ' s Republic of China, referred to as "the Contracting Parties",
Considering the Cultural Agreement between the Government of the French Republic and the Government of the People's Republic of China, signed in Paris on 27 September 2002;
Considering the Agreement on Technical and Scientific Cooperation between the Government of the French Republic and the Government of the People's Republic of China, signed in Beijing on 21 January 1978;
Desiring to develop their exchanges and cooperation in the fields of culture, education and science as well as to promote friendship and foster mutual knowledge,
agreed that:
Article 1
The Government of the French Republic and the Government of the People's Republic of China agree to the establishment of a French Cultural Centre in Beijing and a Chinese Cultural Centre in Paris, below referred to as Cultural Centres.
Parties may agree to establish other centres in any other city, in each of the two States.
Article 2
The Cultural Centres' mission is to contribute to the development of relations between France and China in the fields of culture, art, education, communication, including audiovisual, science and technology, and to make known directly to the public the wealth and achievements of the two countries in these different fields.
The aim of cultural dissemination is to promote exchanges and cultural cooperation, as well as to strengthen friendships among Parties.
Article 3
The French Cultural Centre in Beijing and the Chinese Cultural Centre in Paris are under the supervision of their embassies. They have the legal personality and are entitled to conclude in the receiving State any act necessary for their operation.
Article 4
Cultural centres organize cultural events in accordance with the laws and regulations of the country of residence. Cultural Centres may establish direct relations with the ministries and other public bodies, local authorities, societies, associations and private individuals of both States when organizing activities specified below in Article 5.
Article 5
The activities of the Cultural Centres include:
– the organization of conferences, symposiums and other meetings, shows, concerts and exhibitions; participation in cultural, scientific and technical events;
the presentation and projection of films and audiovisual documents;
- the publication and dissemination of information programs, catalogues and other documents of a cultural, educational, scientific and technical character, regardless of material support;
- the maintenance of a library, a reading room and a media library allowing the consultation and loan of books, newspapers, magazines, records, cassettes, slides and other documents of a cultural, educational, scientific and technical character, regardless of material support;
― the invitation and reception of researchers, lecturers and artists sent by the sending state;
information on the cultural, scientific and technical issues of the sending country;
― information on studies in the sending country;
- the organization of courses and workshops for the study of the language of the sending country and of ongoing training programs.
In general, any activity that allows the public of the partner country to better know the country of origin and to develop cooperation between the two countries.
Article 6
Cultural Centres may organize their activities in their premises and use other premises to carry out outside activities referred to in Article 5 of this Agreement. For external activities, the program must be communicated one month in advance to the competent authorities of both governments. The authorities of the host country inform all concerned administrations of these provisions for their application.
Article 7
The Contracting Parties shall guarantee the free public access to the activities of the Cultural Centres, whether in their buildings or in other premises, and shall ensure that the Cultural Centres may make use of all available means to inform the public of their activities.
Article 8
Cultural centres are cultural institutions that do not have a profit.
In accordance with Articles 9 and 11 of this Agreement, Cultural Centres may:
―to collect entry rights for the events they organize and registration rights to their courses and other activities;
selling at the cost of catalogs, posters, programs, books, records, audiovisual documents and educational materials, whatever the support, and other objects directly related to the events they organize;
― maintaining a cafeteria for their audience.
Article 9
The tax system of the Centres and their staff is regulated by the legislation of the host State, subject to the relevant provisions of the Franco-Chinese Convention of 30 May 1984, with a view to avoiding double taxation and preventing tax evasion in respect of income tax.
Article 10
The studies and construction or development works carried out for the Cultural Centre established under this Agreement are directed, after the issuance of the building permit and in accordance with the urban planning rules of the host State, by the sending State which appeals to the enterprises of its choice.
Article 11
The Cultural Centres shall, on a reciprocal basis and in accordance with the customs regulations in force in the receiving State, be granted exemption from customs duties and other duties and taxes due to the importation of the following goods, provided that they are not sold in the receiving State:
- furniture, equipment and office supplies necessary for their current administrative operation;
– a reasonable number of catalogues, posters, programs, books, records, teaching materials and audio-visual documents regardless of material support;
– films to be screened at the cultural centers.
The goods mentioned above may only be lent, leased, pledged or sold under the conditions previously approved by the competent authorities of the host State.
Article 12
Each Cultural Centre is administered by a Director, responsible for conducting its activities and ensuring the operation of its services. The Director exercises authority over all staff.
The Director may be a member of the diplomatic staff of the sending State's diplomatic mission.
Each Party shall appoint the staff of the Cultural Centre to maintain it. This staff may be appointed among the nationals of the sending State or those of the receiving State or those of a third State. In the latter case, the appointment must be approved by the host State.
Parties are mutually reinforcing the recruitment of staff members in the Cultural Centres regardless of their nationality. They also form part of their capture and end of function in the Cultural Centres.
Article 13
The director and staff of the cultural centres nationals of the sending State, temporarily residing in the receiving State, and their dependants, are subject to the social security regime and the labour legislation in force in the sending State.
Employee or assimilated personnel of the Cultural Centres other than those referred to in the preceding paragraph are subject to the social security system and labour legislation in force in the host State.
Employee or assimilated personnel of the National Cultural Centres of the sending State may, however, opt for the application of the social legislation of the sending State. The sending country is empowered to decide the terms and conditions of sending and mandate of the staff of the Cultural Centre.
Article 14
Each Contracting Party allows the staff of the Cultural Centre of the other Contracting Party, whose mission lasts more than one year, to import in exemption from all customs duties and other duties and taxes within one year of taking office their furniture (not including the motor vehicle) and their personal effects, provided that they re-export them at the end of their mission. This exemption is only valid for the duration of their functions at the Cultural Centre.
These provisions are not applicable to staff of the Cultural Centres who are nationals of the host State or permanent residents in the host State.
Article 15
Each Contracting Party undertakes to grant staff members of the Cultural Centre of the other Contracting Party, and their spouses and dependent children, for the duration of the officer's duties, facilities for the issuance of required entry visas and residence permits.
Article 16
Questions relating to the interpretation and application of this Agreement shall, as appropriate, be dealt with through diplomatic channels.
Each Party shall notify the other of the fulfilment of the constitutional procedures required, with respect to it, for the entry into force of this Agreement which shall take place on the first day of the second month following the day of receipt of the last notification.
This Agreement shall be concluded for a period of five years and shall be renewed by tacit renewal by periods of the same duration.
It may be denounced after a five-year period at any time with a written notice of one year.
Made in Paris, on 29 November 2002, in two original French and Chinese copies, both texts being equally authentic.
Done on 13 June 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
For the Government
of the Republic of
French:
M. Thierry Dana
Director of Asia-Oceania,
Ministry of Foreign Affairs
For the Government
of the People ' s Republic of
of China:
Ms. Meng Xiaosi
Vice Minister of Culture
