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Decree No. 2014-510 May 20, 2014, On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The People's Republic Of China On Cooperation In The Field Of Administration And The Fo...

Original Language Title: Décret n° 2014-510 du 20 mai 2014 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République populaire de Chine en matière de coopération dans le domaine de l'administration et de la fo...

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Keywords

ADMINISTRATIVE AGREEMENT, INTERNATIONAL AGREEMENT, BILATERAL AGREEMENT, FRANCE , CHINA , COOPERATION AGREEMENT , PUBLIC FUNCTION , CENTRAL ADMINISTRATIVE REFORM, PUBLIC ADMINISTRATION ,


JORF n°0118 of 22 May 2014 page 8386
text No. 2



Decree No. 2014-510 of 20 May 2014 on the publication of the agreement between the Government of the French Republic and the Government of the People's Republic of China on cooperation in the field of administration and public service, signed in Beijing on 9 January 2014 (1)

NOR: MAEJ1410462D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/5/20/MAEJ1410462D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/5/20/2014-510/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
Considering Decree No. 99-605 of 7 July 1999 on the publication of the agreement between the Government of the French Republic and the Government of the People's Republic of China on cooperation in the field of public service, signed in Beijing on 18 January 1999,
Decrete:

Article 1


The agreement between the Government of the French Republic and the Government of the People's Republic of China on cooperation in the field of administration and public service, signed in Beijing on 9 January 2014, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.



AGREEMENT


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE POPULAR REPUBLIC OF CHINA TO COOPERATION IN THE FIELD OF ADMINISTRATION AND PUBLIC FUNCTION
The Government of the French Republic and the Government of the People ' s Republic of China (hereinafter referred to as the Parties),
Considering that cooperation in the field of administration and public service between the administrations of the two countries has proved to be fruitful in accordance with the Agreement between the Government of the French Republic and the Government of the People's Republic of China on cooperation in the field of public service of 18 January 1999;
Convinced of having to give a new impetus to the cooperation between the two countries extended to the modernization of the administration;
Desirous of promoting and developing exchanges and cooperation in the field of administration and public service on the basis of equality and reciprocity and mutual interests of both parties;
Desirous of reaffirming at the ministerial level the links of friendships and administrative cooperation between France and China,
The following agreed:


Article 1


This Agreement provides the framework for cooperation and exchange between Parties in the area of public administration and service.


Article 2


The Parties shall ensure the development of bilateral cooperation and exchanges in the field of public administration and service under the laws and regulations in force in each State.


Article 3


The objective pursued under this Agreement is to establish a bilateral cooperation framework focused on programmes of mutual interest and declined annually in a cooperative action plan.


Article 4


Parties shall develop joint actions to exchange good practices and expertise in the following areas:
1. Professionalization of human resources management in public administrations;
2. Strengthening public service governance rules;
3. Territorial administration and territorial authorities;
4. The simplification of administrative procedures;
5. Modernization of administration and development of electronic administration;
6. Training of trainers;
7. Other topics that Parties may agree on.


Article 5


The cooperative actions arising from this Agreement may take the form of:
1. Ministerial visits;
2. Expert missions;
3. Study courses;
4. Organization of seminars;
5. Exchange of documentation and publications;
6. Other forms of cooperation agreed between the two parties.
Subject to available funding from the Embassy of France in the People's Republic of China or other French and Chinese partners, cooperative actions arising from this Agreement may also take the form of scholarships or internships.


Article 6


For the purposes of this Agreement, Parties shall establish a steering committee composed equally of French and Chinese representatives. These representatives are from the Ministry of State Reform, Decentralization and the Public Service of the French Republic, the Ministry of Human Resources and Social Security of the People's Republic of China and the diplomatic missions of the two Parties. Parties shall notify each other by note verbale of the list of members of their delegations to the steering committee and the changes made.
The steering committee meets in principle once a year. Its meetings are held in France or China. Otherwise, its work is done remotely, electronically or by any other appropriate means.


Article 7


The steering committee is responsible for:
1. Define the activities to be carried out under an annual cooperation action plan;
2. Identify and encourage the participation of other public partners in cooperation activities, in particular: National School of Administration, Central School of the Chinese Communist Party, Chinese Governance Academy, Training Centre for Senior Officials of the Ministry of Human Resources and Social Security;
3. To conduct a qualitative assessment of previous year's achievements.
The cooperative action plan defines, for each year, activities to be implemented under this Agreement. These are discussed between the two Parties. Each Party shall designate and notify the other Party of the administrations responsible for this implementation.


Article 8


The mission costs of the steering committee members are borne by their respective countries. The host country facilitates the smooth running of the delegation of the sending country and supports the material organization costs of the meetings according to a principle of reciprocity.
The cooperative actions selected clans as part of the implementation of this Agreement shall be carried out within the limits of the credits each year available to each administration for its current operation.
The Parties may, if they deem it necessary, agree on other modalities of financial support for cooperation activities under this Agreement. In particular, they will strive to mobilize, where possible, the resources of multilateral cooperation programmes.


Article 9


This Agreement repeals and replaces, as of its entry into force, the Agreement between the Government of the French Republic and the Government of the People's Republic of China on Cooperation in the Field of Public Service signed on 18 January 1999.
Each Party shall notify the other Party of the performance of the internal procedures required for the entry into force of this Agreement, which shall take effect on the day the last notification is received.
It shall be concluded for a period of three years and may be extended every three years by exchange of letters between the Parties. If one Party intends to denounce this Agreement, it shall notify the other Party through diplomatic channels and six months in advance. Unless otherwise agreed by the Parties, the denunciation of this Agreement shall not affect the implementation of the cooperative activities already agreed between the Parties.
Any dispute arising from the interpretation or application of this Agreement shall be settled by amicable negotiation between the Parties.
In faith, the representatives of the Parties, duly authorized to do so, have signed this Agreement.
Made in Beijing on January 9, 2014, in two originals, each in French and Chinese, both versions being equally authentic.


Done on 20 May 2014.


François Hollande


By the President of the Republic:


The Prime Minister,

Manuel Valls

Minister for Foreign Affairs

and International Development,

Laurent Fabius


For the Government

of the French Republic:

Marylise Lebranchu

Minister

of State reform,

decentralization

Public Service

For the Government

of the People ' s Republic of

of China:

Yin Weimin

Minister

human resources

and Social Security

(1) This Agreement entered into force on March 5, 2014.
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