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Foreign Relations Law (2023)

Promulgation Date: 2023-6-28
Title: Foreign Relations Law of the People's Republic of China
Document Number:
Expiration date: 
Promulgating Entities: Standing Committee of the National People's Congress
Source of text: http://www.npc.gov.cn/npc/c30834/202306/d4a1d80fd2764a7ca3c57387cf17109d.shtml
[Commentary] 

Table of Contents

Chapter I: General Provisions

Chapter II: Foreign Relations Authority

Chapter III: Goals and Tasks for the Development of Foreign Relations

Chapter IV: Systems for Foreign Relations

Chapter v: Safeguards for the Development of Foreign Relations

Chapter VI: Supplementary Provisions


Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution so as to develop foreign relations, preserve national sovereignty, security, and developmental interests; to preserve and develop the people’s interests, to establish a modern socialist power, to realize the great rejuvenation of the Chinese people, to promote world peace and development, and to promote the building of a shared future for humankind.

Article 2: This law applies to the development of diplomatic relations between the PRC and other nations, the development of communication and cooperation with them all fields such as economics and culture, and to the development of relations with international organizations such as the United Nations.

Article 3: The PRC adheres to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era in developing foreign relations and promoting friendly exchanges.

Article 4: The People's Republic of China adheres to a peaceful foreign policy that is independent and self-ruling and upholds the five principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in internal affairs, equality and mutual benefit, and peaceful co-existence.

The People's Republic of China follows the path of peaceful development, adhering to the fundamental policy of opening, and pursues a mutually beneficial strategy of opening in which all win.

The People's Republic of China abides by the purposes and principles of the United Nations Charter, preserving world peace and security, promoting joint global development, and promoting the building of a new form of international relations; it advocates the peaceful resolution of international disputes, opposes the use or threat of military force in international relations, opposes hegemonism and power politics; it upholds the equality of all nations regardless of size, strength, and wealth, and respects the development path and social system selected by the people of each nation.

Article 5: The People's Republic of China adheres to the centralized and unified leadership of the Communist Party of China.

Article 6: State organs and armed forces, each political party and mass organization, enterprises, public institutions, and other social organizations, as well as citizens, all have the responsibility and obligation to maintain national sovereignty, security, dignity, honor, and interests in diplomatic exchanges and cooperation.

Article 7: The state encourages the active development of friendly foreign people-to-people exchanges and cooperation.

Those making outstanding contributions in foreign exchanges and cooperation will be given commendations and awards in accordance with relevant state regulations.

Article 8: Where any organizations or individuals violate this Law and other relevant laws by engaging in conduct that harms national interest during diplomatic exchanges, they shall be pursued for legal responsibility in accordance with law.

Chapter II: Foreign Relations Authority

Article 9: The central leading body on foreign affairs work is responsible for major decision-making and coordinating deliberations on foreign affairs work, and is to research, draft, and guide the implementation of foreign affairs strategies and related major directives and policies, and it is responsible for the top-level design, planning and coordination, overall advancement, and urging implementation of foreign affairs efforts.

Article 10: The National People’s Congress and its Standing Committee are to approve and abrogate treaties and important agreements concluded with foreign nations, and exercise authority over foreign relations as provided by the Constitution and Laws.

The National People’s Congress and its Standing Committee are to actively carry out foreign exchanges and strengthen exchanges and cooperation with the parliaments of each nation and with international and regional parliamentary organizations.

Article 11: The president of the People's Republic of China is to represent the People's Republic of China in conducting state affairs, and exercises the foreign relations authority provided for in the Constitution and laws.

Article 12: The State Council is to manage foreign affairs, conclude treaties and agreements with foreign nations, and exercise the foreign relations authority as provided for in the Constitution and laws.

Article 13: The Central Military Commission is to organize and carry out international military exchanges and cooperation, and exercises foreign affairs authority as provided for in the Constitution and law.

Article 14: The People's Republic of China’s Ministry of Foreign Affairs is to handle diplomatic matters in accordance with law and undertakes diplomatic exchanges between Party and State leaders and foreign leaders. The Ministry of Foreign Affairs is to strengthen guidance, coordination, management, and services in foreign exchanges and cooperation for each department and region of state organs.

The central government and state organs are to carry out foreign exchanges and cooperation in accordance with their duties and division of labor.

Article 15: Diplomatic bodies, such as embassies and consulates of the People's Republic of China based in other nations, and permanent missions to the United Nations and other intergovernmental international organizations, represent the People's Republic of China abroad.

The Ministry of Foreign Affairs is to uniformly lead the efforts of diplomatic bodies stationed abroad.

Article 16: Based on the authorization of the central government, provinces, autonomous regions, and directly governed municipalities are to carry out foreign exchanges and cooperation within a specified scope.

Provincial, autonomous region, or directly governed municipality people’s governments are to handle foreign exchange and cooperation within the scope of the corresponding administrative region.

Chapter III: Goals and Tasks for the Development of Foreign Relations

Article 17: The People's Republic of China’s development of foreign relations is to persist in the preservation of the system of socialism with Chinese characteristics, preserve national sovereignty, unity, and territorial integrity, and serve the nation’s economic and social development.

Article 18: The People's Republic of China promotes the implementation of global development initiatives, global security initiatives, and global civilization initiatives, and advances all-around, multi-level, wide-ranging, and three-dimensional arrangements for foreign affairs efforts.

The People's Republic of China promotes coordination and positive interactions between major nations, develops relations with surrounding nations in accordance with the concepts of sincerity, tolerance, and the policy of being a good neighbor and partnering with neighbors, upholds the concepts of truth and sincerity and the correct view of justice and benefit in developing solidarity and cooperation with developing nations, preserves and practices multilateralism, and participates in the reform and establishment of global governance systems.

Article 19: The People's Republic of China preserves the international system with the United Nations as its core, the international order based on international law, and the fundamental norms of international relations based on the goals and principles of the United Nations Charter.

The People's Republic of China adheres to the concept of global governance that is jointly discussed, established, and shared; participates in the formulation of international rules, promotes the democratization of international relations, and promotes economic globalization oriented towards openness, tolerance, inclusivity, balance, and common victories.

Article 20: The People's Republic of China adheres to a view of global security that is shared, comprehensive, cooperative, and sustainable; strengthening international cooperation on security, and improving mechanisms for participation in global security governance.

The People's Republic of China is to fulfill its responsibilities as a permanent member of the United Nations Security Council, preserving international peace and security, and preserving the authority and position of the United Nations Security Council.

The People's Republic of China supports and participates in peacekeeping operations authorized by the United Nations Security Council, upholds the fundamental principles of peacekeeping actions, respects the territorial integrity and political independence of sovereign states, and maintains a fair stance.

The People's Republic of China preserves international arms controls and disarmament and non-proliferation systems, opposes arms races and all activities related to the proliferation of weapons of mass destruction, fulfills its related international obligations. and carries out international cooperation on non-proliferation.

Article 21: The People's Republic of China adheres to a concept of global development that is fair, inclusive, openly cooperative, fully coordinated, and innovative, to promote coordinated and sustainable economic, social, and environmental development and the overall development of humankind.

Article 22: The People's Republic of China respects and protects human rights, upholds the principle of the universality of human rights in consideration of nations’ circumstances, promotes the full and coordinated development of human rights, conducts international exchanges and cooperation in the field of human rights on the basis of equality of mutual respect, and promotes the healthy development of international human rights affairs.

Article 23: The People's Republic of China advocates that all nations of the world are to transcend national, ethnic, and cultural differences to carry forward humanity’s common values of peace, development, fairness, justice, democracy, and freedom.

Article 24: The People's Republic of China adheres to a view of civilization with equality, mutual learning, dialogue, and tolerance, respecting the diversity of civilizations and promoting exchanges and dialog between different civilizations.

Article 25: The People's Republic of China actively participates in global environment and climate governance, strengthening green and low-carbon international cooperation, jointly pursuing a global ecological civilization, and promoting the establishment of a fair, reasonable, coordinated, and mutually beneficial global environmental and climate government system.

Article 26: The People's Republic of China persists in advancing high-level openness, developing foreign trade, actively promoting and lawfully protecting foreign investment, encouraging investments abroad and other foreign economic cooperation; promoting the high-quality development of the ‘belt and road’, preserving the multilateral trade system, opposing unilateralism and protectionism, and promoting the establishment of an open world economy.

Article 27: The People's Republic of China is to carry out foreign aid through economic, technical, material, human talent, management, and other such means, promote the economic development and social improvement of developing nations, enhance their ability for autonomous sustainable development, and promote cooperation in international development.

The People's Republic of China is to carry out international humanitarian cooperation and aid, strengthening international cooperation in disaster prevention, mitigation, and relief, and coordinating with related nations to respond to humanitarian emergency situations.

In carrying out foreign aid, the People's Republic of China is to persist in respecting the sovereignty of other nations and must not interfere with the domestic politics of other nations or attach any political requirements.

Article 28: As needed for the development of international relations, the People's Republic of China is to carry out exchanges and cooperation in fields such as education, science and technology, culture, health, sports, society, ecology, military affairs, security, and rule of law.

Chapter IV: Systems for Foreign Relations

Article 29: The state is to plan and advance the domestic rule of law and foreign-related rule of law, strengthening legislation in foreign-related fields, and strengthening the establishment of foreign-related rule of law systems.

Article 30: The state is to conclude or accede to treaties and agreements in accordance with the Constitution and laws, and fulfill the obligations provided in the relevant treaties or agreements in good faith.

Treaties and agreements that the state concludes or accedes to must not contravene the Constitution.

Article 31: The state is to employ appropriate measures to implement and apply treaties and agreements.

The implementation and application of treaties and agreements must not harm national sovereignty or security, or the societal public interest.

Article 32: On a foundation of respecting fundamental principles of international law and norms of international relations, strengthen the implementation and application of laws and regulations in foreign-related fields, and employ law enforcement and judicial measures in accordance with law to preserve national sovereignty, security, and developmental interests, and to protect Chinese the lawful rights and interests of Chinese citizens and organizations.

Article 33: The People's Republic of China has the right to employ corresponding countermeasures or restrictive measures against acts that violate fundamental principles of international law and international relations and harm the sovereignty, security, and developmental interests of the People's Republic of China

The State Council and its departments are to draft necessary administrative regulations and departmental rules, establish corresponding work systems and mechanisms, strengthen departmental coordination and cooperation, and determine and implement the related countermeasures and restrictive measures.

Decisions made on the basis of the first or second paragraph of this article are final decisions.

Article 34: On the foundation of the one-China principle, the People's Republic of China establishes and develops domestic relations with the world’s nations in accordance with the Five Principles of Peaceful Coexistence.

Based on the treaties and agreements that it has concluded or acceded to, and on the fundamental principles of international law and norms of international relations, the People's Republic of China has the right to take necessary diplomatic action such as modifying or terminating diplomatic or consular relations.

Article 35: The state is to employ measures to implement the binding sanction resolutions and related measures made by the United Nations Security Council on the basis of Chapter VII of the United Nations’ Charter.

The Ministry of Foreign Affairs is to issue announcements and give notice of the implementation of the sanction resolutions and measures described in the preceding paragraph. Relevant state departments and the people’s governments of provinces, autonomous regions, and directly governed municipalities are to employ measures for enforcement within the scope of their respective authority.

Organizations and individuals in mainland China shall follow the content of announcements by the Ministry of Foreign Affairs and the related measures of each department and region, and must not engage in activities counter to the sanction resolutions and measures described above.

Article 36: Based on relevant laws and treaties and agreements that are concluded or acceded to, the People's Republic of China is to grant corresponding privileges and immunities to foreign diplomatic bodies, foreign state officials, international organizations, and other officials.

On the basis of relevant laws and treaties and agreements that are concluded or acceded to, the People's Republic of China is to grant immunity to foreign nations and their property.

Article 37: The State takes is to take necessary measures in accordance with law to protect the security and legitimate rights and interests of Chinese citizens and organizations overseas, and ensure that the nation's overseas interests are not threatened or encroached upon.

The state is to strengthen the establishment of systems, work mechanisms, and capacity for protecting overseas interests.

Article 38: The People’s Republic of China protects the lawful rights and interests of foreigners and foreign organizations within Chinese mainland territory in accordance with law.

The state has the right to permit or refuse foreigners entry or stay in China, and to conduct management of the activities of foreign organizations within the mainland territory.

Foreigners and foreign organizations in mainland China shall comply with Chinese law and must not endanger China's national security, harm the societal public interest, or undermine societal public order.

Article 39: The People's Republic of China is to strengthen multilateral and bilateral dialogue on the rule of law and promote exchanges and cooperation on the rule of law with foreign countries.

The PRC is to cooperate with other states and international organizations to carry out international cooperation in the law enforcement and judicial fields on the basis of international treaties and agreements it has concluded or acceded to, or in accordance with the principle of equal reciprocity.

The state is to deepen and expand work mechanisms for foreign law enforcement cooperation, improve institutional mechanisms for judicial assistance, and promote international cooperation in law enforcement and justice. The state is to strengthen international cooperation such as in combatting cross-border crime and corruption.

Chapter v: Safeguards for the Development of Foreign Relations

Article 40: The state is to complete the system of comprehensive safeguards for foreign affairs work, enhancing capacity for the development of foreign relations and preservation of national interests.

Article 41: The state is to ensure the necessary funds for foreign affairs efforts, establishing and developing mechanisms to ensure fundings that correspond to the needs of developing foreign relations and the level of economic development.

Article 42: The state is to strengthen the establishment of a corps of foreign affairs talent, employing measures to promote efforts such as the cultivation, use, management, service, and safeguards for talent.

Article 43: The state is to use diverse forms to promote the public’s understanding and support for foreign affairs work.

Article 44: The State is to advance the establishment of international capacity, promoting the world’s better understanding and knowledge of China, and promoting exchanges and mutual learning among human civilizations.

Chapter VI: Supplementary Provisions

Article 45: This law shall take effect on July 1, 2023.

 

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2 Comments

  1. Kenrick Davis Kenrick Davis 2023/07/06

    Possible typo: “stationed based abroad”

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