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|Law of the People’s Republic of China on Foreign Relations
|Standing Committee of the National People’s Congress
Decree of the President of the People’s Republic of China
Foreign Relations Law of the People’s Republic of China, adopted at the Third Meeting of the Standing Committee of the Fourteenth National People’s Congress of the People’s Republic of China on June 28, 2023, is hereby promulgated and shall enter into force on July 1, 2023.
Xi Jinping, President of the People’s Republic of China
June 28, 2023
|Law of the People’s Republic of China on Foreign Relations
(Adopted at the Third Meeting of the Standing Committee of the Fourteenth National People’s Congress on June 28, 2023)
|Table of Contents
Chapter 1 General Provisions
Chapter 2 Competence in External Relations
Chapter 3 Objectives and Tasks for the Development of External Relations
Chapter 4 System of External Relations
Chapter 5 Safeguards for the Development of External Relations
Chapter 6 Supplementary Provisions
|Chapter 1 General Provisions
|Article 1 This Law is enacted in accordance with the Constitution in order to develop foreign relations, safeguard national sovereignty, security and development interests, safeguard and develop the interests of the people, build a strong modern socialist country, realize the great rejuvenation of the Chinese nation, promote world peace and development, and promote the construction of a community with a shared future for mankind.
|Article 2 This Law shall apply to the People’s Republic of China for the development of diplomatic relations with various countries and exchanges and cooperation in various fields such as economy and culture, and for the development of relations with the United Nations and other international organizations.
|Article 3 The People’s Republic of China adheres to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of “Three Represents”, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, so as to develop foreign relations and promote friendly exchanges.
|Article 4 The People’s Republic of China adheres to an independent foreign policy of peace and adheres to the five principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence.
The People’s Republic of China adheres to the path of peaceful development, adheres to the basic national policy of opening up to the outside world, and pursues a mutually beneficial and win-win opening-up strategy.
The People’s Republic of China abides by the purposes and principles of the Charter of the United Nations, maintains world peace and security, promotes global common development, and promotes the construction of a new type of international relations; advocates the peaceful settlement of international disputes, opposes the use of force or the threat of force in international relations, and opposes hegemonism and power politics; adheres to the equality of countries regardless of size, strength, wealth, and poverty, and respects the development path and social system independently chosen by all peoples.
|Article 5 The People’s Republic of China adheres to the centralized and unified leadership of the Communist Party of China in its external work.
|Article 6 State organs and the armed forces, political parties and people’s organizations, enterprises, institutions and other social organizations, and citizens shall have the responsibility and obligation to safeguard national sovereignty, security, dignity, honor, and interests in foreign exchanges and cooperation.
|Article 7 The State encourages people to actively carry out friendly exchanges and cooperation with foreign countries.
Those who have made outstanding contributions in foreign exchanges and cooperation shall be commended and rewarded in accordance with relevant national regulations.
|Article 8 Any organization or individual that, in violation of this Law and relevant laws, engages in activities that harm national interests in foreign exchanges shall be investigated for legal responsibility according to law.
|Chapter 2 Competence in External Relations
|Article 9 The leading body for foreign affairs work of the Central Government shall be responsible for decision-making and coordination of external work, study, formulate and guide the implementation of the national foreign strategy and relevant major policies, and be responsible for the top-level design, overall coordination, overall promotion, and supervision and implementation of external work.
|Article 10 The National People’s Congress and its Standing Committee shall ratify and abrogate treaties and important agreements concluded with foreign countries, and exercise the functions and powers of external relations as stipulated in the Constitution and laws.
The National People’s Congress and its Standing Committee actively carry out foreign exchanges and strengthen exchanges and cooperation with parliaments of various countries and international and regional parliamentary organizations.
|Article 11 The President of the People’s Republic of China conducts state affairs on behalf of the People’s Republic of China and exercises the foreign relations functions and powers stipulated in the Constitution and laws.
|Article 12 The State Council shall manage foreign affairs, conclude treaties and agreements with foreign states, and exercise the functions and powers of foreign relations as stipulated in the Constitution and laws.
|Article 13 The Central Military Commission shall organize international military exchanges and cooperation and exercise the foreign relations functions and powers stipulated in the Constitution and laws.
|Article 14 The Ministry of Foreign Affairs of the People’s Republic of China conducts foreign affairs in accordance with law and undertakes diplomatic exchanges between Party and state leaders and foreign leaders.The Ministry of Foreign Affairs has strengthened its guidance, coordination, management and services to various departments of state organs and regions in foreign exchanges and cooperation.
Central and state organs carry out foreign exchanges and cooperation in accordance with the division of responsibilities.
|Article 15 Embassies and consulates of the People’s Republic of China in foreign countries and diplomatic missions accredited to the United Nations and other intergovernmental organizations shall represent the People’s Republic of China abroad.
The Ministry of Foreign Affairs leads the work of diplomatic missions abroad.
|Article 16 Provinces, autonomous regions and municipalities directly under the Central Government shall carry out exchanges and cooperation with foreign countries within a specific scope in accordance with the authorization of the Central Government.
The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall handle the foreign exchange and cooperation affairs of their respective administrative regions in accordance with their own authorities.
|Chapter 3 Objectives and Tasks for the Development of External Relations
|Article 17 The People’s Republic of China shall develop foreign relations, adhere to the socialist system with Chinese characteristics, safeguard national sovereignty, unity and territorial integrity, and serve national 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 promotes an all-round, multi-level, wide-area, and three-dimensional external work layout.
The People’s Republic of China promotes coordination and benign interaction among major countries, develops relations with neighboring countries in accordance with the concept of goodwill and tolerance and the principle of goodwill and partnership with neighbors, upholds the concept of truthfulness and goodwill and the concept of righteousness and interests, unites and cooperates with developing countries, maintains and practices multilateralism, and participates in the reform and construction of the global governance system.
|Article 19 The People’s Republic of China upholds the international system with the United Nations at its core, the international order based on international law, and the basic norms governing international relations based on the purposes and principles of the Charter of the United Nations.
The People’s Republic of China adheres to the concept of global governance based on consultation, cooperation and sharing, participates in the formulation of international rules, promotes the democratization of international relations, and promotes the development of economic globalization in the direction of openness, inclusiveness, universality, balance, and win-win results.
|Article 20 The People’s Republic of China adheres to the concept of common, comprehensive, cooperative and sustainable global security, strengthens international security cooperation, and improves its participation in global security governance mechanisms.
The People’s Republic of China fulfills its responsibilities as a permanent member of the UN Security Council, maintains international peace and security, and maintains the authority and status of the UN Security Council.
The People’s Republic of China supports and participates in peacekeeping operations authorized by the United Nations Security Council, adheres to the basic principles of peacekeeping operations, respects the territorial integrity and political independence of sovereign states, and maintains a fair position.
The People’s Republic of China upholds the international arms control, disarmament and non-proliferation system, opposes the arms race, opposes and prohibits all forms of proliferation related to weapons of mass destruction, fulfills its relevant international obligations, and carries out international cooperation in non-proliferation.
|Article 21 The People’s Republic of China adheres to the concept of global development that is fair, inclusive, open, cooperative, comprehensive, coordinated and innovative, and promotes sustainable and all-round development of the economy, society and the environment.
|Article 22 The People’s Republic of China respects and protects human rights, adheres to the principle of the universality of human rights and the reality of the country, promotes the comprehensive and coordinated development of human rights, carries out international exchanges and cooperation in the field of human rights on the basis of equality and mutual respect, and promotes the healthy development of international human rights undertakings.
|Article 23 The People’s Republic of China advocates that all countries in the world transcend national, ethnic and cultural differences and promote the common values of peace, development, fairness, justice, democracy and freedom for all.
|Article 24 The People’s Republic of China adheres to the concept of equality, mutual learning, dialogue, and inclusiveness, respects the diversity of civilizations, and promotes exchanges and dialogues among civilizations.
|Article 25 The People’s Republic of China shall actively participate in global environmental and climate governance, strengthen green and low-carbon international cooperation, jointly seek the construction of global ecological civilization, and promote the construction of a fair and reasonable global environmental and climate governance system with win-win cooperation.
|Article 26 The People’s Republic of China adheres to a high level of opening up, develops foreign trade, actively promotes and protects foreign investment in accordance with the law, encourages foreign economic cooperation such as foreign investment, promotes the high-quality development of the Belt and Road, maintains the multilateral trading system, opposes unilateralism and protectionism, and promotes the construction of an open world economy.
|Article 27 The People’s Republic of China carries out foreign assistance through economic, technological, material, talent, management and other means to promote the economic development and social progress of developing countries, enhance their ability to develop independently and sustainably, and promote international development cooperation.
The People’s Republic of China carries out international humanitarian cooperation and assistance, strengthens international cooperation in disaster prevention, mitigation and relief, and assists relevant countries in responding to humanitarian emergencies.
The People’s Republic of China insists on respecting the sovereignty of other countries, not interfering in their internal affairs, and not attaching any political conditions to its foreign assistance.
|Article 28 The People’s Republic of China shall carry out exchanges and cooperation in the fields of education, science and technology, culture, health, sports, society, ecology, military, security, and the rule of law in accordance with the needs of the development of foreign relations.
|Chapter 4 System of External Relations
|Article 29 The state promotes the rule of law at home and abroad, strengthens legislation in foreign-related fields, and strengthens the construction of a foreign-related rule of law system.
|Article 30 The State shall, in accordance with the Constitution and laws, conclude or participate in treaties and agreements, and perform in good faith the obligations stipulated in the relevant treaties and agreements.
Treaties and agreements concluded or acceded to by a State may not be inconsistent with the Constitution.
|Article 31 The State shall take appropriate measures to implement and apply treaties and agreements.
The operation and application of treaties and agreements shall not prejudice the sovereignty, security and social and public interests of States.
|Article 32 The State shall, on the basis of observing the basic principles of international law and the basic norms governing international relations, strengthen the implementation and application of laws and regulations in foreign-related fields, and take law enforcement, judicial and other measures in accordance with the law to safeguard national sovereignty, security and development interests, and protect the legitimate rights and interests of Chinese citizens and organization
|Article 33 The People’s Republic of China has the right to take corresponding countermeasures and restrictive measures against acts that violate international law and the basic norms governing international relations and jeopardize the sovereignty, security and development interests of the People’s Republic of China.
The State Council and its departments shall formulate necessary administrative regulations and departmental rules, establish corresponding working systems and mechanisms, strengthen departmental coordination, and determine and implement relevant countermeasures and restrictions.
Decisions made pursuant to paragraphs 1 and 2 of this Article shall be final.
|Article 34 The People’s Republic of China establishes and develops diplomatic relations with all countries in the world on the basis of the one-China principle and in accordance with the Five Principles of Peaceful Coexistence.
According to the treaties and agreements concluded or acceded to, the basic principles of international law and the basic norms of international relations, the People’s Republic of China has the right to take necessary diplomatic actions such as changing or terminating diplomatic and consular relations.
|Article 35 The State shall take measures to implement the binding sanctions and related measures issued by the United Nations Security Council under Chapter VII of the Charter of the United Nations.
The implementation of the sanctions resolutions and measures referred to in the preceding paragraph shall be notified and announced by the Ministry of Foreign Affairs.The relevant departments of the state and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within the scope of their respective powers, take measures to implement them.
Organizations and individuals in China shall abide by the contents of the Ministry of Foreign Affairs’ announcement and the relevant measures of various departments and regions, and shall not engage in acts in violation of the above-mentioned sanctions resolutions and measures.
|Article 36 The People’s Republic of China grants corresponding privileges and immunities to foreign diplomatic agencies, foreign state officials, international organizations and their officials in accordance with relevant laws and treaties and agreements concluded or acceded to.
The People’s Republic of China grants immunity to foreign states and their property in accordance with relevant laws and treaties and agreements concluded or acceded to.
|Article 37 The State shall take necessary measures in accordance with the law to protect the safety and legitimate rights and interests of Chinese citizens and organizations abroad, and to protect the overseas interests of the State from threats and infringements.
The state strengthens the overseas interest protection system, working mechanism and capacity building.
|Article 38 The People’s Republic of China shall protect the lawful rights and interests of foreigners and foreign organizations in China according to law.
The State has the right to permit or refuse the entry, stay and residence of foreigners, and to regulate the activities of foreign organizations within its territory in accordance with law.
Foreigners and foreign organizations in China shall abide by Chinese laws and shall not endanger China’s national security, harm social and public interests, or undermine social and public order.
|Article 39 The People’s Republic of China shall strengthen multilateral and bilateral dialogue on the rule of law and promote exchanges and cooperation on the rule of law with foreign countries.
The People’s Republic of China conducts international cooperation with foreign countries and international organizations in the fields of law enforcement and justice in accordance with treaties and agreements concluded or acceded to, or in accordance with the principle of equality and reciprocity.
The state has deepened and expanded the working mechanism of foreign law enforcement cooperation, improved the system and mechanism of judicial assistance, and promoted international cooperation in law enforcement and judicial fields.The state strengthens international cooperation in combating transnational crime, anti-corruption, etc.
|Chapter 5 Safeguards for the Development of External Relations
|Article 40 The State shall improve the comprehensive guarantee system for external work and enhance its ability to develop external relations and safeguard national interests.
|Article 41 The state guarantees the funds required for foreign work and establishes a funding guarantee mechanism that is compatible with the needs of developing foreign relations and the level of development of the national economy.
|Article 42 The state strengthens the construction of foreign workers’ talents, and takes measures to promote the training, use, management, service, and security of talents.
|Article 43 The State promotes public understanding and supports external work in various forms.
|Article 44 The state promotes the construction of international communication capabilities, promotes a better understanding and appreciation of China in the world, and promotes exchanges and mutual learning among human civilizations.
|Chapter 6 Supplementary Provisions
|Article 45 This Law shall come into force as of July 1, 2023.