Law of the People's Republic of China on the Procedure of the Conclusion of Treaties

Law of the People's Republic of China on the Procedure of the Conclusion of Treaties

Order of the President of the People's Republic of China No.37

December 28, 1990

Article 1 The present Law is enacted in accordance with the Constitution of the People's Republic of China.

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.

Article 3 The State Council, that is, the Central People's Government, of the People's Republic of China shall conclude treaties and agreements with foreign states.
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.
The President of the People's Republic of China shall, in accordance with decisions of the Standing Committee of the National People's Congress, ratify and abrogate treaties and important agreements concluded with foreign states.
The Ministry of Foreign Affairs of the People's Republic of China shall, under the leadership of the State Council, administer the specific affairs concerning the conclusion of treaties and agreements with foreign states.

Article 4 The People's Republic of China shall conclude treaties and agreements with other states in the name of:
1. the People's Republic of China;
2. the Government of the People's Republic of China;
3. the governmental departments of the People's Republic of China.

Article 5 The decision to negotiate and sign treaties and agreements shall be made according to the following procedures:
1. in the case of a treaty or agreement to be negotiated and signed in the name of the People's Republic of China, 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 and draw up a draft treaty or agreement of the Chinese side and submit it to the State Council for examination and decision;
2. in the case of a treaty or agreement to be negotiated and signed in the name of the Government of the People's Republic of China, the Ministry of Foreign Affairs or the department concerned under the State Council shall make a recommendation and draw up a draft treaty or agreement of the Chinese side and, after consultation with the Ministry of Foreign Affairs, submit it to the State Council for examination and decision. In the case of an agreement concerning a specific line of business, its Chinese draft shall, with the consent of the State Council, be examined and decided upon by the department concerned under the State Council or when necessary in consultation with the Ministry of Foreign Affairs;
3. agreements to be negotiated and signed in the name of a governmental department of the People's Republic of China concerning matters within the scope of functions and powers of the department concerned shall be decided upon by the department itself or after consultation with the Ministry of Foreign Affairs.
　　......