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1、Statute TitleLaw of the Peoples Republic of China on Diplomatic Personnel Stationed Abroad EffectivePromulgation date:10-31-2009Effective date:01-01-2010Department:Standing Committee of the National Peoples CongressSubject:Foreign Affairs2009-10-312010-01-01Order of the President of the Peoples Repu
2、blic of China(No. 19)The Law of the Peoples Republic of China on Diplomatic Personnel Stationed Abroad, which was adopted at the 11th session of the 11th NPC Standing Committee of the Peoples Republic of China on October 31, 2009, is hereby promulgated and shall come into force on January 1, 2010. P
3、resident of the Peoples Republic of China Hu JintaoOctober 31, 2009Law of the Peoples Republic of China on Diplomatic Personnel Stationed Abroad(Adopted at the 11th session of the 11th NPC Standing Committee on October 31, 2009)ContentsChapter I General ProvisionsChapter II Duties, Conditions, Oblig
4、ations and RightsChapter III Posts and RanksChapter IV Heads of MissionsChapter V Dispatch, Recall and Calling BackChapter VI Assessment, Training and ExchangeChapter VII Rewards and PunishmentChapter VIII Wages and BenefitsChapter IX Spouses and ChildrenChapter X Supplementary Provisions20091031201
5、011 2009103120091031 Chapter I General ProvisionsArticle 1 These Measures are formulated in accordance with the Constitution and the Civil Servant Law in order to build a team of high quality diplomatic personnel stationed abroad, ensure that the diplomatic institutions stationed abroad perform thei
6、r duties in accordance with law, regulate the administration of diplomatic personnel stationed abroad, and protect the legitimate rights and interests of the diplomatic personnel stationed abroad. Article 2 The term diplomatic personnel stationed abroad as mentioned in these Measures refers to the p
7、ersonnel who perform the diplomatic and consular work in the diplomatic institutions of the Peoples Republic of China stationed abroad, use the administrative staffing quotas for personnel stationed abroad, and possess diplomatic ranks. The term diplomatic institutions stationed abroad as mentioned
8、in these Measures refers to the embassies and consulates of the Peoples Republic of China in foreign countries, the permanent missions to the United Nations and other inter-governmental organizations, and other representative institutions. These Measures shall apply to the obligations, rights and ad
9、ministration of diplomatic personnel stationed abroad. What is not provided for in these Measures shall be governed by the Civil Servant Law.Article 3 The diplomatic personnel stationed abroad shall be protected by law in performing their duties according to law. Article 4 The Ministry of Foreign Af
10、fairs shall play a leading role in the work of the diplomatic institutions stationed abroad, and administer the diplomatic personnel stationed abroad jointly with other dispatching departments. Chapter II Duties, Conditions, Obligations and RightsArticle 5 Diplomatic personnel stationed abroad shall
11、, in accordance with their posts and division of work, perform the following duties:(1) safeguarding national sovereignty, security, honor and interests;(2) implementing the national diplomatic guidelines and policies;(3) making diplomatic representations on behalf of the state;(4) furthering the re
12、lations between China and the countries of residence, participating in the activities of international organizations, and promoting bilateral and multilateral friendly exchanges and cooperation;(5) protecting the legitimate rights and interests of Chinese citizens and legal persons in foreign countr
13、ies;(6) reporting the happenings of the countries of residence and the relevant regional and international situation;(7) introducing China as well as its domestic and foreign policies of China, and promoting the understanding of the countries of residence to China; and(8) performing other diplomatic
14、 or consular duties.Ambassadors extraordinary and plenipotentiary are the representatives of the Peoples Republic of China in the countries of residence.Article 6 Diplomatic personnel stationed abroad shall:(1) be a citizen of the Peoples Republic of China;(2) be more than 23 years old;(3) uphold th
15、e Constitution of the Peoples Republic of China;(4) have good political awareness and ethics;(5) have the expertise, working capability and language skills necessary for the work;(6) have the physical conditions, psychological qualifications and adaptability required for permanently residing abroad;
16、 and (7) meet other requirements as prescribed by law.Article 7 Whoever falls under any of the following circumstances may not be appointed as a diplomat stationed abroad:(1) having been given a criminal punishment for a crime;(2) having been discharged from public employment; (3) having been dismis
17、sed by a state organ;(4) holding a foreign long-term or permanent residence permit;(5) his spouse has a foreign nationality, or holds a foreign long-term or permanent residence permit; or(6) other circumstances under which he may not be appointed as a diplomat stationed abroad.Article 8 Diplomatic p
18、ersonnel stationed abroad shall perform the following obligations:(1) keeping loyal to the motherland and the people, and safeguarding national dignity; (2) complying with the Constitution and laws of the Peoples Republic of China and respecting the laws and customs of the countries of residence;(3)
19、 being dedicated, performing their duties with due diligence, and completing all kinds of tasks;(4) obeying the dispatch of the dispatching departments, and complying with the regulations, rules and work disciplines of the diplomatic institutions stationed abroad;(5) strictly keeping confidential th
20、e state secrets and work-related secrets;(6) not resigning during the period of working abroad;(7) reporting major personal issues to the diplomatic institutions stationed abroad and the dispatching departments in accordance with the relevant provisions; and(8) other obligations as prescribed by law
21、.Article 9 Diplomatic personnel stationed abroad shall enjoy the following rights:(1) having the working conditions necessary for performing their duties;(2) obtaining the wages, benefits, insurance and treatment appropriate for their work and living in the countries of residence;(3) refraining from
22、 being dismissed during the period of working abroad;(4) participating in training before dispatch and during their working abroad; and(5) other rights as prescribed by law. Article 10 Diplomatic personnel stationed abroad shall enjoy corresponding privileges and immunities during their working abro
23、ad according to the international treaties concluded or acceded to by the Peoples Republic of China. Diplomatic personnel stationed abroad shall not abuse their privileges and immunities, and shall not give up privileges and immunities without approval. Chapter III Posts and RanksArticle 11 The post
24、s of diplomatic personnel stationed abroad shall be divided into diplomatic posts and consular posts. The diplomatic posts shall be divided into: ambassador extraordinary and plenipotentiary, representative, deputy representative, minister, minister counselor, counselor, first secretary, second secr
25、etary, third secretary, and attach.The consular posts shall be divided into: consul general, deputy consul general, consul, vice consul, and consular attach. Article 12 Diplomatic personnel stationed abroad shall be governed by the system of diplomatic ranks. The diplomatic ranks shall be divided in
26、to seven classes: the rank of ambassador, rank of minister, rank of counselor, rank of first secretary, rank of second secretary, rank of third secretary, and rank of attach.The diplomatic ranks of diplomatic personnel stationed abroad shall be determined in accordance with the posts they hold in th
27、e diplomatic institutions stationed abroad, their posts and ranks for civil servants and the needs for diplomatic work. Article 13 The basic relationship of correspondence between diplomatic posts and diplomatic ranks shall be:(1) Ambassador extraordinary and plenipotentiary: the rank of ambassador;
28、 (2) Representative or deputy representative: the rank of ambassador, the rank of minister, or the rank of counselor;(3) Minister or minister counselor: the rank of minister; (4) Counselor: the rank of counselor; (5) First Secretary: the rank of first secretary; (6) Second Secretary: the rank of sec
29、ond secretary; (7) Third Secretary: the rank of third secretary; and(8) Attach: the rank of attach. Article 14 The basic relationship of correspondence between the consular posts and the diplomatic ranks shall be:(1) Consul general: the rank of ambassador, the rank of minister, or the rank of counse
30、lor;(2) Deputy consul general: the rank of counselor;(3) Consul: the rank of counselor, the rank of first secretary, or the rank of second secretary;(4) Vice consul: the rank of third secretary, or the rank of attach; and(5) Consular attach: the rank of attach.Article 15 The correspondence between t
31、he posts and diplomatic ranks of diplomatic personnel stationed abroad and their civil servants posts and ranks shall be prescribed separately. Article 16 The posts of diplomatic personnel stationed abroad shall be determined in accordance with the following powers: (1) The ambassadors extraordinary
32、 and plenipotentiary and representatives and deputy representatives who are ambassadors extraordinary and plenipotentiary shall be determined by the NPC Standing Committee;(2) The representatives and deputy representatives other than those mentioned in the aforesaid sub-paragraph shall be determined
33、 by the State Council;(3) The consuls general shall be determined by the Ministry of Foreign Affairs; (4) The posts of minister, minister counselor, counselor, deputy consul general, and other diplomatic personnel stationed abroad shall be determined by the Ministry of Foreign Affairs or other departments that dispatch them; in particular, the posts lower than the third secretary or the vice consul shall be determined by the diplomatic institutions stationed abroad during the period of working abroad.