PRC Regulations on Consular Protection and Assistance

Article 1: These Regulations are formulated so as to protect the legitimate rights and interests of Chinese citizens, legal persons, and other organizations overseas, and to regulate and strengthen consular protection and assistance efforts.

Article 2: Consular protection and assistance efforts are to adhere to the leadership of the Chinese Communist Party, persist in being people-centered, implement the holistic national security view of national security, strengthen planning and coordination, and increase consular capacity for protection and assistance.

Article 3: These regulations apply consular protection and assistance, as well as to related activities such as guidance and coordination, security and prevention, support, and safeguards.

“Consular protection and assistance” as used in these Regulations refers to the conduct of overseas diplomatic missions protecting the legitimate rights and interests and providing assistance to Chilacnese citizens, legal persons, and other organizations abroad in accordance with law when their legitimate rights are infringed upon or they need assistance.

"Overseas diplomatic missions" as used in the preceding paragraph refers to embassies, consulates, and representative offices of the PRC that are stationed abroad and have consular protection and assistance duties.

Article 4: The Ministry of Foreign Affairs is to plan and coordinate the carrying out of consular protection and assistance work, conduct publicity and give alerts on overseas safety, guide overseas diplomatic missions in carrying out consular protection and assistance, coordinate relevant departments’ and local people's governments’ participation in consular protection and assistance efforts, and carry out related international communication and cooperation.

Overseas diplomatic missions are to fulfill consular protection and assistance duties in accordance with law, carry out related activities on security publicity and prevention, and enhance communication and coordination with relevant departments and local people's governments.

The relevant State Council departments and local people's governments are to establish related work mechanisms, participate in efforts related to consular protection and assistance on the basis of their respective duties, and provide necessary assistance to overseas Chinese citizens, legal persons, and other organizations.

Domestic units with personnel stationed overseas shall do a good job of publicity, educational training, and relevant handling for overseas safety. Chinese citizens, legal persons, and other organizations abroad shall obey the laws of China and the host nation, respect the religious faith and social customs of the host nation, and do a good job of self-protection.

Article 5: The Ministry of Foreign Affairs is to establish and disclose telephone hotlines and online platforms, and overseas diplomatic missions are to publish their office address and contact methods, to accept inquiries related to consular protection and assistance and requests for assistance.

When Chinese citizens, legal persons, and other organizations request consular protection and assistance, they shall submit documents that can prove their identity or relevant information to the overseas diplomatic missions.

Article 6: Chinese citizens, legal persons, and other organizations abroad may pre-register their basic information on the information registration platforms established by the Ministry of Foreign Affairs or overseas diplomatic missions, to facilitate overseas diplomatic missions proviging them with consular protection and assistance.

As needed for consular protection and assistance, the relevant State Council departments and overseas diplomatic missions are to share information on overseas Chinese citizens, legal persons, and other organizations in accordance with law, and do a good job in information protection efforts.

Article 7: Overseas diplomatic missions shall fulfill consular protection and assistance duties within the region they are responsible for; in special situations, and with the consent of the country where they are located, they may temporarily perform consular protection and assistance duties outside the region for which they are responsible; and with the consent of a third country, they may carry out consular protection and assistance duties in that third country.

Article 8: Where Chinese citizens, legal persons, and organizations abroad request assistance from overseas diplomatic missions because their legitimate rights and interests have been infringed, the overseas diplomatic missions shall provide them with channels and recommendations for protecting their own legitimate rights and interests in light of the circumstances, verify the situation with the relevant departments of the local nation, urge its fair and appropriate handling in accordance with law, and provide assistance.

Article 9: Where it is learned that the host nation has employed measures against Chinese citizens, legal persons, and organizations abroad because they are suspected of violations or crimes, the overseas diplomatic missions shall learn about the situation from the relevant departments of the host nation and verify them in light of the circumstances, and request fair and appropriate handling in accordance with law.

Where the Chinese citizens in the preceding paragraph have been detained, arrested, imprisoned, or had their physical liberty restricted in other ways by the host nation, then based on the circumstances the overseas diplomatic mission shall visit or contact them in accordance with the laws of the host nation and international treaties that our nation has concluded with the host nation or joined, in order to learn about their needs and to request that the relevant departments of the host nation treat that citizen humanely and justly.

Article 10: Where the overseas diplomatic mission learns that the host nation is hearing a case involving Chinese citizens, legal persons, and other organizations, it may observe in accordance with the host nations’ laws and international treaties that our nation has concluded with the host nation or joined, and may request that the relevant departments of the host nation ensure their procedural rights based on the host nation’s laws.

Article 11: Where it is learned that overseas Chinese citizens need a guardian but are living with nobody caring for them, overseas diplomatic missions shall report the situation to the relevant departments of the host nation and urge them to handle it appropriately in accordance with law. Where the situation is urgent, the overseas diplomatic mission shall coordinate relevant parties to give necessary temporary care.

The overseas diplomatic mission shall promptly notify the family of the Chinese citizen, or the provincial-level people's government for their domestic residence, of the situation. Provincial-level people's governments receiving such notice shall promptly report the circumstances to the residents' committee, villagers' committee, or civil affairs department for the Chinese citizen’s residence. The overseas diplomatic mission and local people's governments shall assist relevant persons or organizations in performing guardianship duties.

Article 12: Where Chinese citizens overseas are having trouble in basic living assurances and request aid from overseas diplomatic missions, the overseas diplomatic missions shall provide them with assistance in contacting family and friends and obtaining relief.

Article 13: Where Chinese citizens overseas disappear and their families request assistance from overseas diplomatic missions, the overseas diplomatic missions shall provide information on methods for contacting the local police and receiving aid.

Where a case is opened by the host nation’s police, overseas diplomatic missions shall urge them to handle the case promptly and appropriately.

Article 14: Where it is learned that Chinese citizens have been injured as the result of public security criminal cases, natural disasters, or accidents, the overseas diplomatic missions shall learn about and verify the situation with the relevant departments of the host nation in light of the situation, urge them to carry out emergency aid and medical care, and request that it is handled justly and appropriately in accordance with law.

Where Chinese citizens die as a result of the situations listed in the preceding paragraph, the overseas diplomatic missions shall provide assistance to the decedent’s close relatives in addressing the aftermath in accordance with the relevant provisions of the host nation, notify them of provisions such as on time limits for disposal of the remains and effects, and request that the relevant departments of the host nation handle matters justly and in accordance with law and appropriately look after the remains and effects.

Article 15: Where wars, armed conflicts, rioting, serious natural disasters, major accidents, major infectious disease epidemics, terrorist attacks, and other major emergency incidents occur in the host nation, and the security of overseas Chinese citizens, legal persons, or other organizations in their persons and property is threatened, the overseas diplomatic missions shall promptly verify the situation and urge the host nation to employ effective measures to protect the security of Chinese citizens, legal persons, or other organizations in their persons and property, and shall provide assistance in light of the circumstances.

Where there is a real need and there is capacity, the Ministry of Foreign Affairs and overseas diplomatic missions shall contact relevant parties in the host nation and China to provide related assistance to overseas Chinese citizens, legal persons, or other organizations, and the relevant departments and local people's governments shall actively perform corresponding duties.

Article 16: Overseas diplomatic missions shall learn about local legal service, translation, medical care, and funereal institutions in the host nation, and provide information when needed by Chinese citizens, legal persons, or other organizations.

Article 17: Where Chinese citizens, legal persons, and organizations abroad request assistance from overseas diplomatic missions because their legitimate rights and interests have been infringed, the overseas diplomatic missions shall provide them with channels and recommendations for protecting their own legitimate rights and interests in light of the circumstances, verify the situation with the relevant departments of the local nation, urge its fair and appropriate handling in accordance with law, and provide assistance.

Article 18: Overseas diplomatic missions shall consider conditions such as the local security situation, legal environment, and social customs, to establish early warning and emergency response mechanisms for consular protection and assistance work, carry out security risk assessments, and conduct publicity on safety for Chinese citizens, legal persons, and other organizations in the region for which they are responsible, guiding them to carry out emergency response, routine security protections, and other such work.

Overseas Chinese citizens, legal persons, and other organizations shall establish safety precaution and emergency response mechanisms in light of the host nation’s security situation, ensure related funds, strengthen training on safety precautions and emergency responses, and establish dedicated security institutions and appoint personnel as needed.

Article 19: The Ministry of Foreign Affairs and overseas diplomatic missions shall pay close attention to relevant nations’ and regions’ security situations such as social order, natural disasters, emergency incidents, and infectious disease epidemics, and openly publish foreign security alerts in light of the circumstances. The Ministry of Foreign Affairs is to formulate levels and publication procedures for foreign security alerts.

The State Council department for culture and tourism, together with the Ministry of Foreign Affairs, is to establish a mechanism for foreign tourism destination safety risk alerts, publicly releasing tourism destination safety risk alerts based on foreign security alerts.

The relevant State Council departments and local people's governments are to consider Foreign Security Alerts, and, in accordance with their respective duties, alert relevant Chinese citizens, legal persons, and other organizations to take safety precautions locally and avoid traveling and staying in high-risk nations or regions.

Article 20: Based on their respective duties, the relevant State Council departments are to carry out publicity, education, and training efforts on safety abroad, increasing the level of foreign security precautions for relevant industries and persons, focusing on safety awareness and risk prevention for overseas students, tourists, and commercial or industrial personnel.

Local people's governments are to consider the status of Chinese citizens, legal persons, and other organizations from the corresponding region in strengthening safety publicity for key regions and groups, as well as training for relevant personnel.

Article 21: Relevant Chinese citizens, legal persons, and other organizations shall actively pay attention to security alerts, and based on the requirements of the security alerts take safety precautions locally or avoid traveling to or staying in high-risk nations or regions.

Travel agencies organizing foreign travel shall pay attention to foreign security alerts and travel safety risk alerts, and use means such as pre-departure notices to truthfully explain and clearly alert travelers to the safety risks at the destination nation or region, and those marketing on online platforms shall indicate the relevant risks in a conspicuous location.

Article 22: The State is to provide personnel and funding safeguards for consular protection and assistance efforts.

The funds for local people's governments’ participation in efforts related to consular protection and assistance are to be included in budgets for management.

Investments in foreign security safeguards made by domestic enterprises with personnel based overseas are to be included in the enterprises’ costs.

Article 23: As actually needed for consular protection and assistance, overseas diplomatic missions may personnel for auxiliary efforts upon approval from the Ministry of Foreign Affairs.

As needed for their work and duties, the Ministry of Foreign Affairs and overseas diplomatic missions may conduct training for diplomatic and other personnel engaged in consular protection and assistance efforts.

Article 24: The State is to provide personnel and funding safeguards for consular protection and assistance efforts.

The state encourages and supports insurance companies' emergency response and rescue institutions, law firms, and other social forces’ participation in consular protection and assistance efforts.

Article 25: Organizations and individuals making outstanding contributions in consular protection and assistance efforts are to be given commendations and awards in accordance with relevant national regulations.

Article 26: Where Chinese citizens, legal persons, or other organizations receive supplies and services such as food, lodging, transportation, or medical care from third parties in the course of consular protection and assistance efforts, they shall bear their own expenses.

Article 27: These Regulations will take effect on September 1, 2023.