Order of the President of the People's Republic of China

No. 19

The Law of the People's Republic of China on Diplomatic Personnel Stationed Abroad, adopted at the 11th Meeting of the Standing Committee of the Eleventh National People's Congress of the People’s Republic of China on October 31, 2009, is hereby promulgated and shall go into effect as of January 1, 2010.

Hu Jintao

President of the People's Republic of China

October 31, 2009

Law of the People's Republic of China on Diplomatic Personnel Stationed Abroad

(Adopted at the 11th Meeting of the Standing Committee of the Eleventh National People's Congress on October 31, 2009)

Contents

Chapter I General Provisions

Chapter II Duties, Conditions, Obligations and Rights

Chapter III Functions and Ranks

Chapter IV Heads of Diplomatic Missions

Chapter V Dispatch and Recall

Chapter VI Assessment, Training and Exchange

Chapter VII Rewards and Punishments

Chapter VIII Salaries and Welfare

Chapter IX Spouses and Children

Chapter X Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is formulated in accordance with the Constitution and the Law on Public Servants for the purposes of building high-quality diplomatic personnel teams stationed abroad, ensuring diplomatic missions stationed abroad perform their duties pursuant to the law, regulating the management of diplomatic personnel stationed abroad, and protecting their legitimate rights and interests.

Article 2 For the purposes of this Law, diplomatic personnel stationed abroad shall mean personnel stationed abroad who work as diplomatic or consular staff on diplomatic missions of the People's Republic of China and are authorized administrative staff stationed abroad with diplomatic rank.

For the purposes of this Law, diplomatic missions stationed abroad shall mean embassies and consulates of the People's Republic of China in foreign countries, and delegations in intergovernmental and international organizations, such as permanent missions to the United Nations, etc.

This Law shall apply to the obligations, rights and administration of diplomatic personnel stationed abroad. In the absence of the provisions of this Law, the Law on Public Servants shall apply.

Article 3 Performance of duties in accordance with the law by diplomatic personnel stationed abroad shall be protected by law.

Article 4 The work of diplomatic missions stationed abroad shall be under the unified leadership of the Ministry of Foreign Affairs which shall manage diplomatic personnel stationed abroad in conjunction with other dispatching departments.

Chapter II

Duties, Conditions, Obligations and Rights

Article 5 Diplomatic personnel stationed abroad shall perform the following duties according to their functions and work assignments:

(1) Safeguard State sovereignty, security, honor and interests;

(2) Implement the State's diplomatic guidelines and policies;

(3) Make diplomatic representations on behalf of the State;

(4) Develop relations between the People's Republic of China and host countries, participate in the activities of international organizations and promote friendly bilateral and multilateral exchanges and cooperation;

(5) Protect the legitimate rights and interests of Chinese citizens and legal persons in foreign countries;

(6) Report the situations of host countries and relevant regional and international situations;

(7) Introduce China's situation and domestic and foreign policies in order to help host countries and the world enhance their understanding of China; and

(8) Perform other diplomatic or consular duties.

Ambassadors Extraordinary and Plenipotentiary serve as official representatives of the People's Republic of China in the relevant host countries.

Article 6 Diplomatic personnel stationed abroad shall meet the following conditions:

(1) Hold a nationality of the People's Republic of China;

(2) Reached the age of 23;

(3) Uphold the Constitution of the P.R.C;

(4) Possess good political knowledge and ethics;

(5) Possess professional knowledge, working ability and language skills required to be competent at their work;

(6) Possess the physical condition, psychological quality and adaptive ability necessary for long-term residence in a foreign country; and

(7) Other conditions as prescribed in relevant laws.

Article 7 A person shall not be appointed to serve as diplomatic personnel stationed abroad if he/she falls under one of the following circumstances:

(1) He/she has been subject to criminal punishment for committing a crime;

(2) He/she has been discharged from public office;

(3) He/she has been dismissed by a State organ;

(4) He/she holds a long-term or permanent residence permit issued by a foreign country;

(5) He/she has a spouse with foreign nationality or who holds a long-term or permanent residence permit issued by a foreign country; or

(6) Other circumstances where a person shall not be appointed to serve as diplomatic personnel stationed abroad.

Article 8 Diplomatic personnel stationed abroad shall perform the following obligations:

(1) Be loyal to the motherland and the people, and safeguard national dignity;

(2) Be loyal to the Constitution and laws of the People's Republic of China and respect the laws and customs of host countries;

(3) Be devoted to their duties, and diligent and duteous while accomplishing various tasks;

(4) Subordinate themselves to the control of dispatching departments and comply with the rules, regulations and work disciplines of diplomatic missions stationed abroad;

(5) Keep State secrets and secrets related to work strictly confidential;

(6) Not resign while working abroad;

(7) Report important personal matters to the relevant diplomatic missions stationed abroad and dispatching departments in accordance with the relevant provisions; and

(8) Other obligations as stipulated in laws.

Article 9 Diplomatic personnel stationed abroad shall enjoy the following rights:

(1) He/She shall be entitled to working conditions required for the performance of their duties;

(2) He/She shall be entitled to a salary, welfare, insurance and treatment commensurate to working and living in a foreign country;

(3) He/She shall not be dismissed while working abroad;

(4) He/She shall be entitled to training before being sent abroad and during the period of working abroad; and

(5) Other rights as provided in laws.

Article 10 Diplomatic personnel stationed abroad shall enjoy corresponding privileges and immunities during the period when they work abroad pursuant to international treaties concluded or acceded to by the People's Republic of China.

Diplomatic personnel stationed abroad shall neither abuse their privileges and immunities nor abandon them without approval.

Chapter III

Functions and Ranks

Article 11 The functions of diplomatic personnel stationed abroad are separated into diplomatic posts and consular posts.

Diplomatic posts are: Ambassador Extraordinary and Plenipotentiary, Representative, Vice-Representative, Minister, Minister-Counselor, Counselor, First Secretary, Second Secretary, Third Secretary and Attaché.

Consular posts are: Consul-General, Deputy Consul-General, Consul, Vice Consul and Consular Attaché.

Article 12 Diplomatic personnel stationed abroad shall implement the diplomatic rank system.

Diplomatic ranks have seven levels: Ambassador, Minister, Counselor, First Secretary, Second Secretary, Third Secretary and Attaché.

Diplomatic ranks of diplomatic personnel stationed abroad shall be determined according to the post of diplomatic personnel in diplomatic missions, post levels of public servants and diplomatic work requirements.

Article 13 Basic relations between diplomatic posts and diplomatic ranks are as follows:

(1) Ambassador Extraordinary and Plenipotentiary: rank of Ambassador;

(2) Representative or Vice-Representative: rank of Ambassador, Minister or Counselor;

(3) Minister and Minister-Counselor: rank of Minister;

(4) Counselor: rank of Counselor;

(5) First Secretary: rank of First Secretary;

(6) Second Secretary: rank of Second Secretary;

(7) Third Secretary: rank of Third Secretary; and

(8) Attaché: rank of Attaché.

Article 14 Basic relations between consular posts and diplomatic ranks are as follows:

(1) Consul-General: rank of Ambassador, Minister or Counselor;

(2) Deputy Consul-General: rank of Counselor;

(3) Consul: rank of Counselor, First Secretary or Second Secretary;

(4) Vice Consul: rank of Third Secretary or Attaché; and

(5) Consular Attaché: rank of Attaché.

Article 15 Relations with respect to correspondence between posts and diplomatic ranks of diplomatic personnel stationed abroad and post levels of public servants shall be separately provided.

Article 16 The posts of diplomatic personnel stationed abroad shall be decided based on the following limits of authority:

(1) Ambassadors Extraordinary and Plenipotentiary or Representatives or Vice-Representatives who are Ambassadors Extraordinary and Plenipotentiary shall be decided by the Standing Committee of the National People's Congress;

(2) Representatives or Vice-Representatives not specified in the preceding item shall be decided by the State Council;

(3) Consul-Generals shall be decided by the Ministry of Foreign Affairs; and

(4) Ministers, Minister-Counselors, Counselors, Deputy Consul-Generals and other diplomatic personnel stationed abroad shall be decided by the Ministry of Foreign Affairs or other dispatching departments; among them, positions of Third Secretary and Vice Consul and below them shall be decided by diplomatic missions stationed abroad during the period they work abroad.

Article 17 Diplomatic ranks shall be approved and granted according to the following limits of authority:

(1) Rank of Ambassador shall be approved and granted by the Prime Minister of the State Council;

(2) Ranks of Minister and Counselor shall be approved by the Ministry of Foreign Affairs or dispatching departments and granted by the Minister of Foreign Affairs;

(3) Ranks of First Secretary and Second Secretary shall be approved and granted by the dispatching departments when dispatching or approved and granted by the dispatching departments based on opinions of diplomatic missions stationed abroad during the period of working abroad; and

(4) Ranks of Third Secretary and Attaché shall be approved and granted by the dispatching departments when dispatching, or shall be approved and granted by diplomatic missions stationed abroad during the period of working abroad.

Article 18 Promotion of diplomatic personnel stationed abroad to Third Secretary, Vice Consul or corresponding ranks shall be made level by level based on specified promotion conditions and duration and in accordance with the authority limits specified in Articles 16 and 17 respectively of this Law; where diplomatic personnel do not meet the conditions for promotion after assessment, their promotion period shall be extended upon approval by the dispatching departments and by taking into account the opinions of the diplomatic mission stationed abroad.

When promoting diplomatic personnel stationed abroad to the rank of Second Secretary, First Secretary, Counselor, Minister-Counselor, Minister or Consul, or Deputy Consul-General, or corresponding ranks, the level-by-level merit-based promotion system shall apply by taking into account the relevant promotion conditions, duration and promotion opinions filed by diplomatic missions stationed abroad and in accordance with the authority limits specified in Articles 16 and 17 respectively of this Law.

Conditions for promotion of diplomatic personnel stationed abroad to higher ranks and functions and the time limits involved shall be provided separately.

Article 19 Diplomatic personnel stationed abroad shall not be promoted to higher functions and ranks while subject to disciplinary action.

Article 20 Where diplomatic personnel stationed abroad are demoted or removed from their posts, their ranks shall be demoted in accordance with the regulations. Demotion of rank shall not apply to the rank of Attaché.

Where diplomatic personnel stationed abroad leave their posts to return home, their ranks shall be terminated accordingly. If it is truly required by diplomatic work, their ranks may be maintained. Specific measures shall be separately specified by the Ministry of Foreign Affairs in conjunction with the relevant departments of the State Council.

Chapter IV

Heads of Diplomatic Missions

Article 21 The head of a diplomatic mission stationed abroad is the chief executive of a diplomatic mission. An Ambassador Extraordinary and Plenipotentiary is the head of an embassy. A Representative is the head of a permanent mission to the United Nations or delegation to other intergovernmental and international organizations. A Consul-General is the head of a Consulate-General. A Consul is the head of a Consulate.

Diplomatic missions stationed abroad implement the head responsibility system. All work of diplomatic missions stationed abroad are under the unified leadership of the heads of diplomatic missions.

Article 22 In the absence of a head of a diplomatic mission or where the head is unable to perform his/her duties for any reason, a designated person shall perform duties on his/her behalf.

Article 23 The heads of diplomatic missions shall submit written reports to the dispatching departments on assumption of office and on leaving their post.

The heads of diplomatic missions shall return to the People's Republic of China for reporting their work on a regular basis.

Chapter V

Dispatch and Recall

Article 24 Ambassadors Extraordinary and Plenipotentiary as well as Representatives and Vice-Representatives who are Ambassadors Extraordinary and Plenipotentiary shall be dispatched and recalled by the President of the People's Republic of China according to the decision of the Standing Committee of the National People's Congress.

Representatives and Vice-Representatives other than those specified in the preceding paragraph shall be dispatched and recalled by the State Council or dispatching departments.

Other diplomatic personnel stationed abroad may be dispatched and recalled by the Ministry of Foreign Affairs or other dispatching departments.

Article 25 The system of term of office applies to diplomatic personnel stationed abroad. Based on work requirements, the term of office of diplomatic personnel stationed abroad may be appropriately shortened or extended upon approval by the relevant dispatching departments.

Article 26 Where a diplomatic officer stationed abroad falls under any of the following circumstances, he/she shall be recalled before the stipulated end of his/her term of office:

(1) He/she is assigned to other work;

(2) He/she fails to perform his/her duties;

(3) He/she violates laws or seriously violates discipline;

(4) His/her spouse obtains foreign nationality or a long-term or permanent residence permit issued by a foreign country; or

(5) Other circumstances where he/she is no longer suitable for continuing to work in the diplomatic mission stationed abroad.

Article 27 Under emergency circumstances, the State may, if necessary, recall or withdraw certain or all personnel from a relevant diplomatic mission stationed abroad.

Chapter VI

Assessment, Training and Exchange

Article 28 Assessment of diplomatic personnel stationed abroad includes daily appraisals and regular assessments, which shall be implemented under the organization of diplomatic missions stationed abroad or dispatching departments in accordance with the relevant provisions of the State.

Assessment of diplomatic personnel stationed abroad shall be based on the responsibilities and tasks they undertake and shall comprehensively appraise their work performance from the aspects of morality, ability, diligence, achievements and honesty.

Assessment results shall be taken as the basis for adjustment of posts, ranks, levels and salaries of diplomatic personnel stationed abroad and for granting rewards and providing training to diplomatic personnel stationed abroad.

Article 29 According to the requirements of work duties, post-specific and professional training shall be provided to diplomatic personnel stationed abroad before being dispatched and during the period of working abroad.

Article 30 Diplomatic personnel stationed abroad shall be transferred to hold office in another diplomatic missions stationed abroad, and may also be exchanged to the relevant dispatching departments or other organs based on working requirements.

Article 31 Training received by and transfer experience of diplomatic personnel stationed abroad shall be included in assessment content.

Chapter VII

Rewards and Punishments

Article 32 Rewards shall be granted to diplomatic missions or diplomatic personnel stationed abroad for any of the following acts:

(1) Significant contributions to safeguarding national sovereignty, security, honor and interests;

(2) Outstanding contributions to safeguarding personal safety or the safety of property or other legitimate rights and interests of Chinese citizens and legal persons in foreign countries;

(3) Significant contributions in response to major emergencies;

(4) Particular deeds in war-torn or other specific difficult environments;

(5) Outstanding contributions to the protection of State secrets;

(6) Complying with regulations, being honest and upright in performing official duties, acting fairly and playing an exemplary role;

(7) Being duteous and having an outstanding work performance; or

(8) Other outstanding behavior for which they shall be granted rewards.

Article 33 Diplomatic personnel stationed abroad who conduct any of the following acts shall be imposed with an appropriate punishment; if their acts constitute crimes, they shall be held criminally liable for their actions:

(1) Harming national sovereignty, security, honor and interests;

(2) Breaking away from diplomatic missions stationed abroad without authorization;

(3) Divulging State secrets or secrets related to work;

(4) Seeking personal gain for themselves or others by taking advantage of their position;

(5) Engaging in or participating in profit-making activities or concurrently taking posts in enterprises or other profit-making organizations;

(6) Ignoring duties which consequently have an adverse affect on their work;

(7) Refusing to obey assignments or refusing to work at the post assigned to them; or

(8) Other acts in violation of laws and disciplines.

Article 34 The Ministry of Foreign Affairs or other dispatching departments shall, in accordance with statutory authority limits and procedures, grant rewards to diplomatic missions stationed abroad, and grand rewards to or impose punishment on diplomatic personnel stationed abroad.

Chapter VIII

Salaries and Welfare

Article 35 Diplomatic personnel stationed abroad shall be subject to an overseas staff salary system based on posts, ranks and levels.

Article 36 The State establishes a salary adjustment mechanism for diplomatic personnel stationed abroad and shall adjust salaries and living treatment for diplomatic personnel stationed abroad in a timely manner.

Article 37 Diplomatic personnel stationed abroad shall be entitled to allowances and subsidies in accordance with the provisions of the State.

Article 38 The State shall provide necessary medical care and security measures for diplomatic personnel stationed abroad and shall purchase necessary personal accident insurance in accordance with relevant provisions.

Article 39 Diplomatic personnel stationed abroad shall enjoy paid annual leave and end-of-tour leave as specified by the State.

Chapter IX

Spouses and Children

Article 40 Before going through the formalities for marriage, diplomatic personnel stationed abroad shall truthfully report the identity of their prospective marriage partner and other information to the relevant dispatching department in accordance with the provisions.

If diplomatic personnel stationed abroad divorce, they shall promptly report the situation to the relevant dispatching department.

Article 41 Where the spouses of diplomatic personnel stationed abroad intend to accompany such diplomatic personnel abroad, approval shall be obtained from the relevant dispatching department.

Where the term of office of diplomatic personnel stationed abroad ends or he/she is recalled before the normal end of his/her term of office, the accompanying spouse shall also leave for home with such diplomatic personnel.

Article 42 Spouses of diplomatic personnel stationed abroad who accompany such personnel abroad shall be entitled to relevant vacations during their stay abroad according to the functions, ranks and length of working time of the diplomatic personnel and living conditions in the relevant host countries.

Article 43 Where spouses of diplomatic personnel stationed abroad, who are members of the authorized staff of State organs or institutions, employees of enterprises and companies wholly owned by the State or State-owned holding companies, or military personnel in active service, accompany diplomatic personnel abroad, their employers shall offer proper work arrangements according to the relevant provisions of the State during their stay abroad and after returning; the aforementioned employers shall not expel or dismiss them or charge compensation, or management fees, etc., for accompanying their spouses abroad.

Article 44 Where spouses of diplomatic personnel stationed abroad do not accompany them, spouses may go to diplomatic missions to visit such diplomatic personnel upon approval of the relevant dispatching departments and may enjoy corresponding home leave, travel expenses and other subsidies in accordance with the relevant provisions.

Article 45 Minor children of diplomatic personnel stationed abroad may go to diplomatic missions to live with them or visit diplomatic personnel upon approval of the dispatching departments.

The State adopts various measures to ensure that minor children of diplomatic personnel stationed abroad are legally entitled to education.

Article 46 Spouses and children of diplomatic personnel stationed abroad who accompany, live with or visit such diplomatic personnel shall abide by the rules and regulations of diplomatic missions and respect the laws, customs and habits of the host country.

Chapter X

Supplementary Provisions

Article 47 This Law shall apply as a reference to the administration of Military Attachés serving with diplomatic missions stationed abroad; specific measures shall be formulated by the Central Military Commission.

Article 48 This Law shall go into effect as of January 1, 2010.