知识与资讯
翻译案例
 
缔结条约程序法
发布时间:2011-8-31 12:11:00||  点击:1924次||  文章分类:翻译案例||  发布人:翻译家(Fanyijia.com)


中华人民共和国缔结条约程序法

The Procedural Law of the People's Republic of China on Conclusion of Treaties

第一条 根据中华人民共和国宪法,制定本法。

Article 1. This Law is formulated in accordance with the Constitution of the People's Republic of China.

第二条 本法适用于中华人民共和国同外国缔结的双边和多边条约、协定和其他具有条约、协定性质的文件。

Article 2. This Law shall be applicable to bilateral or multilateral treaties and agreements, and other instruments of the nature of a treaty or agreement concluded between the People's Republic of China and foreign states.

第三条 中华人民共和国国务院,即中央人民政府,同外国缔结条约和协定。

Article 3. The State Council of the People's Republic of China, that is, the Central People's Government shall conclude treaties and agreements with foreign states.

中华人民共和国全国人民代表大会常务委员会决定同外国缔结的条约和重要协定的批准和废除。

The Standing Committee of the National People's Congress of the People's Republic of China shall decide on the ratification and abrogation of treaties and important agreements concluded with foreign states.

中华人民共和国主席根据全国人民代表大会常务委员会的决定,批准和废除同外国缔结的条约和重要协定。

The President of the People's Republic of China shall, pursuant to the decisions of the Standing Committee of the National People's Congress, ratify and abrogate treaties and important agreements concluded with foreign states.

中华人民共和国外交部在国务院领导下管理同外国缔结条约和协定的具体事务。

The Ministry of Foreign Affairs of the People's Republic of China shall, under the leadership of the State Council, administer specific affairs concerning the conclusion of treaties and agreements with foreign states.

第四条 中华人民共和国以下列名义同外国缔结条约和协定:

Article 4. The People's Republic of China shall conclude treaties and agreements with foreign states in the name of:

(一)中华人民共和国;

(1) The People's Republic of China;

(二)中华人民共和国政府;

(2) The Government of the People's Republic of China;

(三)中华人民共和国政府部门;

(3) The government departments of the People's Republic of China.

第五条 谈判和签署条约、协定的决定程序如下:

Article 5. The procedures for the decision on negotiating and signing of treaties and agreements are as follows:

(一)以中华人民共和国名义谈判和签署条约、协定,由外交部或者国务院有关部门会同外交部提出建议并拟订条约、协定的中方草案,报请国务院审核决定;

(1) With respect to the negotiation and signing of treaties and agreements in the name of the People's Republic of China, the Ministry of Foreign Affairs, or the departments concerned under the State Council in conjunction with the Ministry of Foreign Affairs, shall make a recommendation and work out the draft treaty or agreement of the Chinese side, and submit it to the State Council for examination and decision;

(二)以中华人民共和国政府名义谈判和签署条约、协定,由外交部提出建议并拟订条约、协定的中方草案,或者由国务院有关部门提出建议并拟订条约、协定的中方草案,同外交部会商后,报请国务院审核决定。属于具体业务事项的协定,经国务院同意,协定的中方草案由国务院有关部门审核决定,必要时同外交部会商;

(2) With respect to the negotiations and signing of treaties and agreements in the name of the Government of the People's Republic of China, the Ministry of Foreign Affairs or the departments concerned under the State Council after consultation with the Ministry of Foreign Affairs, shall make a recommendation and work out the draft of the Chinese side and submit it to the State Council for examination and decision. With respect to agreements concerning specific business affairs, with the consent of the State Council, the draft agreement of the Chinese side shall be examined and decided upon by the departments concerned under the State Council or in consultation with the Ministry of Foreign Affairs when necessary;

(三)以中华人民共和国政府部门名义谈判和签署属于本部门职权范围内事项的协定,由本部门决定或者本部门同外产部会商后决定;涉及重大问题或者涉及国务院其他有关部门职权范围的,由本部门或者本部门同国务院其他有关部门会商后,报请国务院决定。协定的中方草案由本部门审核决定,必要时同外交部会商。

(3) With respect to the negotiations and signing of agreements in the name of a government department of the People's Republic of China concerning matters within the functional competence of the department concerned, the decision shall be made by the department or in consultation with the Ministry of Foreign Affairs. In the cases of an agreement involving matters of major importance or matters falling within the functional competence of other departments under the State Council, the department concerned or in consultation with the other departments concerned the State Council, shall submit it to the State Council for decision. The draft agreement of the Chinese side shall be examined and decided upon by the department concerned or in consultation with the Ministry of Foreign Affairs when necessary.

经国务院审核决定的条约、协定的中方草案,经谈判需要作重要改动的,重新报请国务院审核决定。

In case that the Chinese draft of a treaty or agreement already examined and decided upon by the State Council shall have to undergo major modifications as a result of negotiation, the revised draft shall be re-submitted to the State Council for examination and decision.

第六条 谈判和签署条约、协定的代表按照下列程序委派:

Article 6. For the purpose of negotiating and signing treaties or agreements, representatives shall be appointed according to the following procedures:

(一)以中华人民共和国名义或者中华人民共和国政府名义缔结条约、协定,由外交部或者国务院有关部门报请国务院委派代表。代表的全权证书由国务院总理签署,也可以由外交部长签署;

(1) With respect to the conclusion of a treaty or agreement in the name of the People's Republic of China or the government of the People's Republic of China, a representative shall be appointed by the State Council upon recommendation by the Ministry of Foreign Affairs or the department concerned under the State Council. The full powers of the representative shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs.

(二)以中华人民共和国政府部门名义缔结协定,由部门首长委派代表。代表的授权证书由部门首长签署。部门首长签署以本部门名义缔结的协定,各方约定出具全权证书的,全权证书由国务院总理签署,也可以由外交部长签署。

(2) With respect to the conclusion of an agreement in the name of a government department of the People's Republic of China, a representative shall be appointed by the head of the department concerned. The letter of authorization for the representative shall be signed by the head of the department. When the contracting parties agree that it is necessary for the head of the department to produce full powers for singing an agreement concluded in the name of the department, the full powers shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs.

下列人员谈判、签署条约、协定,无须出具全权证书:

The following persons shall dispense with full powers for negotiating and signing treaties and agreements:

(一)国务院总理、外交部长;

(1) The Premier of the State council and the Minister of Foreign Affairs;

(二)谈判、签署与驻在国缔结条约、协定的中华人民共和国驻该国使馆馆长,但是各方另有约定的除外;

(2) The heads of the diplomatic missions of the People's Republic of China who negotiate and sign treaties or agreements concluded between China and the States to which they are accredited, unless it is otherwise agreed by the contracting parties;

(三)谈判、签署以本部门名义缔结协定的中华人民共和国政府部门首长,但是各方另有约定的除外;

(3) The heads of the government departments of the People's Republic of China who negotiate and sign the agreements concluded in the name of their departments, unless it is otherwise agreed by the contracting parties;

(四)中华人民共和国派往国际会议或者派驻国际组织,并在该会议或者该组织内参加条约、协定谈判的代表,但是该会议另有约定或者该组织章程另有规定的除外。

(4) The representatives accredited by the People's Republic of China to an international conference or international organization for the purpose of negotiating treaties or agreements in that conference or organization, unless it is otherwise agreed by the conference or otherwise provided for in the constitution of that organization.

第七条 条约和重要协定的批准由全国人民代表大会常务委员会决定。

Article 7. The ratification of treaties and important agreements shall be decided upon by the Standing Committee of the National People's Congress.

前款规定的条约和重要协定是指:

The treaties and important agreements referred to in the preceding paragraph are as follows:

(一)友好合作条约、和平条约等政治性条约;

(1) Treaties of friendship and cooperation, treaties of peace and other treaties of a political nature;

(二)有关领土和划定边界的条约、协定;

(2) Treaties and agreements concerning territory and delimitation of boundary lines;

(三)有关司法协助、引渡的条约、协定;

(3) Treaties and agreements relating to judicial assistance and extradition;

(四)同中华人民共和国法律有不同规定的条约、协定;

(4) Treaties and agreements which contain stipulations inconsistent with the laws of the People's Republic of China;

(五)缔约各方议定须经批准的条约、协定;

(5) Treaties and agreements which are subject to ratification as agreed by the contracting parties;

(六)其他须经批准的条约、协定。

(6) Other treaties and agreements subject to ratification.

条约和重要协定签署后,由外交部或者国务院有关部门会同外交部,报请国务院审核;由国务院提请全国人民代表大会常务委员会决定批准;中华人民共和国主席根据全国人民代表大会常务委员会的决定予以批准。

A treaty or an important agreement after being signed, shall be submitted by the Ministry of Foreign Affairs or by the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs to the State Council for examination. It shall then be submitted by the State Council to the Standing Committee of the National People's Congress for decision on ratification. The President of the People's Republic of China shall ratify it pursuant to the decision of the Standing Committee of the National People's Congress.

双边条约和重要协定经批准后,由外交部办理与缔约另一方互换批准书的手续;多边条约和重要协定经批准后,由外交部办理向条约、协定的保存国或者国际组织交存批准书的手续。批准书由中华人民共和国主席签署,外交部长副署。

After the ratification of a bilateral treaty or an important bilateral agreement, the Ministry of Foreign Affairs shall execute the formalities for the exchange of the instruments of ratification with the other contracting party. After the ratification of a multilateral treaty or an important multilateral agreement, the Ministry of Foreign Affairs shall execute the formalities for the deposit of the instrument of ratification with the depositary state or international organization. The instrument of ratification shall be signed by the President of the People's Republic of China and countersigned by the Minister of Foreign Affairs.

第八条 本法第七条第二款所列范围以外的国务院规定须经核准或者缔约各方议定须经核准的协定和其他具有条约性质的文件签署后,由外交部或者国务院有关部门会同外交部,报请国务院核准。

Article 8. After the signing of agreements or other signed instruments of the nature of a treaty which do not fall under Paragraph 2, Article 7 of this Law and which are subject to approval as required by the State Council or as agreed by the contracting parties, the aforesaid agreements or instruments shall be submitted by the Ministry of foreign Affairs or the departments concerned under the State Council in conjunction with the Ministry of Foreign Affairs to the State Council for approval.

协定和其他具有条约性质的文件经核准后,属于双边的,由外交部办理与缔约另一方互换核准书或者以外交照会方式相互通知业已核准的手续;属于多边的,由外交部办理向有关保存国或者国际组织交存该核准书的手续。核准书由国务院总理签署,也可以由外交部长签署。

With respect to approved agreements and other approved instruments of the nature of a treaty, in the case of a bilateral one, the Ministry of Foreign Affairs shall execute the formalities for the exchange of the instruments of approval with the other contracting party or for mutual notification by diplomatic notes of the approval. In the case of a multilateral one, the Ministry of Foreign Affairs shall execute the formalities for the deposit of the instrument of approval with the depositary state or international organization concerned. The instrument of approval shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs.

第九条 无须全国人民代表大会常务委员会决定批准或者国务院核准的协定签署后,除以中华人民共和国政府部门名义缔结的协定由本部门送外交部登记外,其他协定由国务院有关部门报国务院备案。

Article 9. After the signing of the agreements for which on ratification by the Standing Committee of the National People's Congress or approval by the State Council are not required the agreements shall be submitted by the departments concerned under the State Council to the State Council for the record, except those agreements concluded in the name of the government departments of the People's Republic of China which are to be submitted by these departments to the Ministry of Foreign affairs for registration.

第十条 缔约双方为使同一条约、协定生效需要履行的国内法律程序不同的,该条约、协定于缔约双方完成各自法律程序并以外交照会方式相互通知后生效。

Article 10. If the two contracting parties need to go through different domestic legal procedures for the entry into force of the same treaty of agreement, the said treaty or agreement shall enter into force upon the mutual notification by diplomatic notes of the accomplishment by the two parties of their respective legal procedures.

前款所列条约、协定签署后,应当区另情况依照本法第七条、第八条、第九条的规定办理批准、核准、备案或者登记手续。通知照会的手续由外交部办理。

After the signing of treaties and agreements listed in the preceding paragraph, the formalities of ratification, approval, entry on the record or registration shall be executed as the case requires in accordance with Articles 7, 8 and 9 of this Law. The formalities of notification by note shall be completed by the Ministry of Foreign Affairs.

第十一条 加入多边条约和协定,分别由全国人民代表大会常务委员会或者国务院决定。

Article 11. The decision to accede to multilateral treaties or agreements shall be made respectively by the Standing Committee of the National People's Congress or the State Council.

加入多边条约和协定的程序如下:

The procedures for acceding to multilateral treaties and agreements are as follows:

(一)加入属于本法第七条第二款所列范围的多边条约和重要协定,由外交部或者国务院有关部门会同外交部审查后,提出建议,报请国务院审核;由国务院提请全国人民代表大会常务委员会作出加入的决定。加入书由外交部长签署,具体手续由外交部办理;

(1) To accede to a multilateral treaty or an important multilateral agreement listed in Paragraph 2, Article 7 of this Law, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council, Whereupon the State Council shall, after review, submit it to the Standing Committee of the National People's Congress for decision on accession. The instrument of accession shall be signed by the Minister of Foreign Affairs, and the specific procedures executed by the Ministry of Foreign Affairs.

(二)加入不属于本法第七条第二款所列范围的多边条约、协定,由外交部或者国务院有关部门会同外交部审查后,提出建议,报请国务院作出加入的决定。加入书由外交部长签署,具体手续由外交部办理。

(2) To accede to a multilateral treaty or agreement other than those listed in Paragraph 2, Article 7 of this Law, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council for decision on accession. The instrument of accession shall be signed by the Minister of Foreign Affairs, and the specific formalities executed by the Ministry of Foreign Affairs.

第十二条 接受多边条约和协定,由国务院决定。

Article 12. The decision to accept a multilateral treaty or agreement shall be made by the State Council.

经中国代表签署的或者无须签署的载有接受条款的多边条约、协定,由外交部或者国务院有关部门会同外交部审查后,提出建议,报请国务院作出接受的决定。接受书由外交部长签署,具体手续由外交部办理。

In the case of a multilateral treaty or agreement containing clauses of acceptance which is signed by the Chinese representative or not signed because no signature is necessary, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make recommendation after examination and submit it to the State Council for decision on acceptance. The instrument of acceptance shall be signed by the Minister of Foreign affairs, and the specific formalities executed by the Ministry of Foreign Affairs.

第十三条 中华人民共和国同外国缔结的双边条约、协定,以中文和缔约另一方的官方文字写成,两种文本同等作准;必要时,可以附加使用缔约双方同意的另一种第三国文字,作为同等作准的第三种正式文本或者作为起参考作用的非正式文本;经缔约双方同意,也可以规定对条约,协定的解释发生分歧时,以该第三种文本为准。

Article 13. A bilateral treaty or agreement concluded by the People's Republic of China with a foreign state shall be done in the Chinese language and the official language of the other contracting party, both texts being equally authentic. When necessary, a text in the language of a third country agreed upon by the two contracting parties may be executed in addition as a third, equally authentic, official text or an unofficial text for reference. It may be stipulated by consent of the two contracting parties that the third text shall prevail in case of divergence of interpretation of the treaty of agreement.

某些属于具体业务事项的协定,以及同国际组织缔结的条约、协定,经缔约双方同意或者依照有关国际组织章程的规定,也可以只使用国际上较通用的一种文字。

For agreements concerning business affairs and treaties and agreements concluded with international organizations, a single language fairly commonly used internationally may also be used by consent of the two contracting parties or in accordance with the provisions of the constitutions of the international organizations concerned.

第十四条 以中华人民共和国或者中华人民共和国政府名义缔结的双边条约、协定的签字正本,以及经条约、协定的保存国或者国际组织核证无误的多边条约、协定的副本,由外交部保存;以中华人民共和国政府部门名义缔结的双边协定的签字正本,由本部门保存。

Article 14. Signed originals of bilateral treaties and agreements concluded in the name of the People's Republic of China or the Government of the People's Republic of China and copies of multilateral treaties and agreements certified as true by the depositary states or international organizations concerned shall be deposited with the Ministry of Foreign Affairs. Signed originals of bilateral agreements concluded in the name of the government departments of the People's Republic of China shall be deposited with these departments.

第十五条 经全国人民代表大会常务委员会决定批准或者加入的条约和重要协定,由全国人民代表大会常务委员会公报公布。其他条约、协定的公布办法由国务院规定。

Article 15. A treaty or an important agreement of which the Standing Committee of the National People's Congress has decided on ratification or accession shall be published in the bulletin of the Standing Committee of the National People's Congress. The measures for publishing other treaties and agreements shall be provided for by the State Council.

第十六条 中华人民共和国缔结的条约和协定由外交部编入《中华人民共和国条约集》。

Article 16. Treaties and agreements concluded by the People's Republic of China shall be compiled by the Ministry of Foreign Affairs into a Collection of Treaties of the People's Republic of China.

第十七条 中华人民共和国缔结的条约和协定由外交部按照联合国宪章的有关规定向联合国秘书处登记。

Article 17. Treaties and agreements concluded by the People's Republic of China shall be registered with the Secretariat of the United Nations by the Ministry of Foreign Affairs in accordance with the relevant provisions of the United Nations Charter.

中华人民共和国缔结的条约和协定需要向其他国际组织登记的,由外交部或者国务院有关部门按照各该国际组织章程的规定办理。

Treaties and agreements concluded by the People's Republic of China that require registration with other international organizations shall be registered by the Ministry of Foreign Affairs or the departments concerned under the State Council in accordance with the provisions of the respective constitutions of the international organizations.

第十八条 中华人民共和国同国际组织缔结条约和协定的程序,依照本法及有关国际组织章程的规定办理。

Article 18. The procedures for the conclusion of a treaty or an agreement with an international organization by the People's Republic of China shall be conducted in accordance with this Law and the provisions of the constitution of the international organization.

第十九条 中华人民共和国缔结的条约和协定的修改、废除或者退出的程序,比照各该条约、协定的缔结的程序办理。

Article 19. The procedures for amendment to, abrogation of and withdrawal from treaties and agreements concluded by the People's Republic of China shall follow mutatis mutandis the procedures for the conclusion of the treaties and agreements in question.

第二十条 国务院可以根据本法制定实施条例。

Article 20. The State Council may formulate regulations in accordance with this Law for its implementation.

第二十一条 本法自公布之日起施行。

Article 21. This Law shall come into force from the date of its promulgation.




  更多文章