ORDER NO.37 OF THE PRESIDENT

OF THE PEOPLE'S REPUBULIC OF CHINA

　　The Law of the People's Republic of China on the Procedure of the Conclusion of Treaties, adopted at the 17th Meeting of the Standing Committee of the Seventh National People's Congress on December 28, 1990, is hereby promulgated and shall enter into force as of the date of promulgation.

Yang Shangkun

President of the People's Republic of China

December 28, 1990

LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROCEDURE OF

THE CONCLUSION OF TREATIES

　　(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People's Congress on December 28, 1990, promulgated by Order No. 37 of the President of the People's Republic of China on December 28, 1990, and effective as of the same date)

　　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. In the case of an agreement relating to matters of major importance or matters falling within the functions and powers of other departments under the State Council, the department concerned shall submit it by itself or after consultation with the other departments concerned under the State Council, to the State Council for decision. The draft agreement of the Chinese side shall be examined and decided upon by the department concerned or when necessary in consultation with the Ministry of Foreign Affairs.

　　When major modification in the Chinese draft of a treaty or agreement already examined and decided upon by the State Council are necessary as a result of negotiation, the revised draft shall be submitted to the State Council for examination and decision.

　　Article 6

　　Representatives for negotiating and signing treaties or agreements shall be appointed according to the following procedures:

　　(1) In the case of a treaty or agreement to be concluded in the name of the People's Republic of China or the Government of the People's Republic of China, the Ministry of Foreign Affairs or the department concerned under the State Council shall submit a report to the State Council for the appointment of a representative. 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.

　　(2) In the case of an agreement to be concluded in the name of a governmental 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. Where the head of a department signs an agreement concluded in the name of the governmental department, and where the contracting parties agree that it is necessary for the head of the department to produce full powers, the full powers shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs.

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