The Foreign Relations Law of PRC [2023 Edition]

The Foreign Relations Law of the People’s Republic of China is a comprehensive framework that governs the country’s international interactions and diplomatic conduct. This law delineates the principles guiding China’s foreign relations, including respect for sovereignty, non-interference in the internal affairs of other nations, and the promotion of peace and security. It provides the legal basis for the formation and execution of foreign policy, the establishment and maintenance of diplomatic relations, and the management of international agreements. The law also covers the privileges and immunities of diplomatic missions and their staff, setting the rules for their operation within Chinese territory. This legislation plays a vital role in shaping China’s approach to international diplomacy, ensuring that its foreign relations are conducted in a structured and law-abiding manner.

Table of Contents

Decree of the President of the People’s Republic of China No. 7

The Foreign Relations Law of the People’s Republic of China, as deliberated and adopted by the Standing Committee of the Fourteenth National People’s Congress of the People’s Republic of China at its third session on June 28, 2023, is hereby promulgated and shall come into force on July 1, 2023.

President of the People’s Republic of China
Xi Jinping
June 28, 2023

Chapter I General Provisions
Chapter II Powers of Foreign Relations
Chapter III Objectives and Tasks of Developing Foreign Relations
Chapter IV System of Foreign Relations
Chapter V Guarantees for Developing Foreign Relations
Chapter VI Supplementary Provisions

The Foreign Relations Law

Chapter I General Provisions

Article 1: In order to develop foreign relations, safeguard national sovereignty, security, and development interests, uphold and develop the interests of the people, build a socialist modernized powerful country, realize the great rejuvenation of the Chinese nation, promote world peace and development, and advance the building of a community with a shared future for mankind, this Law is formulated in accordance with the Constitution.

Article 2: The People’s Republic of China develops diplomatic relations and exchanges and cooperation in various fields such as economy and culture with other countries, and develops relations with international organizations such as the United Nations in accordance with this Law.

Article 3: The People’s Republic of China adheres to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as its guide, develops foreign relations, and promotes friendly exchanges.

Article 4: The People’s Republic of China adheres to an independent foreign policy of peace, upholds the principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in each other’s internal affairs, equality, mutual benefit, and peaceful coexistence.

The People’s Republic of China adheres to the path of peaceful development, the basic state policy of opening up, and the strategy of mutual benefit and win-win opening up.

The People’s Republic of China abides by the purposes and principles of the United Nations Charter, upholds world peace and security, promotes global common development, and works to build a new type of international relations. It advocates the peaceful resolution of international disputes, opposes the use of force or the threat of force in international relations, opposes hegemonism and power politics, and upholds the equality of all countries regardless of their size, strength, wealth, or social system, and respects the development paths and social systems chosen independently by the peoples of all countries.

Article 5: The foreign work of the People’s Republic of China is under the centralized and unified leadership of the Communist Party of China.

Article 6: State organs, armed forces, political parties and people’s organizations, enterprises and institutions, and other social organizations, as well as citizens, have the responsibility and obligation to safeguard the sovereignty, security, dignity, honor, and interests of the country in foreign exchanges and cooperation.

Article 7: The state encourages active participation in civil foreign exchange and cooperation.

Individuals who have made outstanding contributions to foreign exchange and cooperation shall be commended and rewarded in accordance with relevant state regulations.

Article 8: Any organization or individual that violates this Law and other relevant laws and engages in activities that harm national interests in foreign exchanges shall be held legally responsible.

Chapter II Powers of Foreign Relations

Article 9: The leading organs for foreign affairs of the central government are responsible for making decisions and coordinating discussions on foreign affairs, formulating and guiding the implementation of national foreign strategies and major policy guidelines, and are responsible for the overall design, coordination, overall promotion, and supervision and implementation of foreign affairs.

Article 10: The National People’s Congress and its Standing Committee approve and abolish treaties and important agreements concluded with foreign countries, and exercise the powers of foreign relations stipulated in the Constitution and laws.

The National People’s Congress and its Standing Committee actively conduct foreign exchanges and strengthen exchanges and cooperation with parliaments of various countries and international and regional parliamentary organizations.

Article 11: The President of the People’s Republic of China represents the People’s Republic of China, conducts state activities, and exercises the powers of foreign relations stipulated in the Constitution and laws.

Article 12: The State Council manages foreign affairs, concludes treaties and agreements with foreign countries, and exercises the powers of foreign relations stipulated in the Constitution and laws.

Article 13: The Central Military Commission organizes and conducts international military exchanges and cooperation and exercises the powers of foreign relations stipulated in the Constitution and laws.

Article 14: The Ministry of Foreign Affairs of the People’s Republic of China handles foreign affairs in accordance with the law and is responsible for handling diplomatic affairs between party and state leaders and foreign leaders. The Ministry of Foreign Affairs strengthens guidance, coordination, management, and services for foreign exchanges and cooperation among various departments and regions of the state.

Central and state organs conduct foreign exchanges and cooperation according to their respective division of responsibilities.

Article 15: Embassies and consulates of the People’s Republic of China abroad, as well as permanent missions to the United Nations and other intergovernmental organizations, represent the People’s Republic of China abroad.

The Ministry of Foreign Affairs unifies the leadership of the work of diplomatic institutions abroad.

Article 16: Provinces, autonomous regions, and municipalities directly under the Central Government conduct foreign exchanges and cooperation within the specific scope authorized by the central government.

The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall handle foreign exchange and cooperation affairs within their respective administrative regions according to their powers.

Chapter III Objectives and Tasks of Developing Foreign Relations

Article 17: The People’s Republic of China develops foreign relations, adheres to maintaining the socialist system with Chinese characteristics, safeguards national sovereignty, unity, and territorial integrity, and serves the country’s economic and social development.

Article 18: The People’s Republic of China promotes the implementation of global development initiatives, global security initiatives, and global civilization initiatives, and promotes a comprehensive, multi-level, wide-ranging, and three-dimensional layout of foreign work.

The People’s Republic of China promotes coordination and positive interaction among major powers, develops relations with neighboring countries based on the principles of amity, sincerity, mutual benefit, and inclusiveness, upholds the concept of true sincerity and correct views on interests in solidarity and cooperation with developing countries, upholds and practices multilateralism, participates in global governance reform and construction, and opposes unilateralism and protectionism.

Article 19: The People’s Republic of China upholds the international system with the United Nations at its core, maintains the international order based on international law, and upholds the basic principles of international relations based on the purposes and principles of the United Nations Charter.

The People’s Republic of China adheres to the concept of global governance featuring consultation, contribution, and shared benefits, participates in the formulation of international rules, promotes the democratization of international relations, promotes economic globalization toward openness, inclusiveness, mutual benefit, balance, and win-win results.

Article 20: The People’s Republic of China adheres to a common, comprehensive, cooperative, and sustainable security concept, strengthens international security cooperation, improves participation in global security governance mechanisms.

The People’s Republic of China fulfills the responsibilities of a permanent member of the United Nations Security Council, upholds international peace and security, and maintains the authority and status of the United Nations Security Council.

The People’s Republic of China supports and participates in United Nations Security Council-authorized peacekeeping operations, adheres to the basic principles of peacekeeping operations, respects the territorial integrity and political independence of sovereign states, and maintains a fair position.

The People’s Republic of China upholds international arms control, disarmament, and non-proliferation systems, opposes arms races, opposes and prohibits all forms of proliferation-related activities of weapons of mass destruction, fulfills international obligations, and conducts international cooperation in non-proliferation.

Article 21: The People’s Republic of China adheres to a fair, inclusive, open, cooperative, and win-win global development view, promotes coordinated and sustainable development of the economy, society, and environment, and comprehensive human development.

Article 22: The People’s Republic of China respects and safeguards human rights, adheres to the universality of human rights principles combined with China’s actual conditions, promotes the comprehensive and coordinated development of human rights, conducts international exchanges and cooperation in the field of human rights on the basis of equality and mutual respect, and promotes the healthy development of international human rights undertakings.

Article 23: The People’s Republic of China advocates that all countries transcend national, ethnic, and cultural differences, promote the common values of peace, development, fairness, justice, democracy, and freedom of all mankind.

Article 24: The People’s Republic of China adheres to a civilized view of equality, mutual learning, dialogue, and inclusiveness, respects cultural diversity, and promotes exchanges and dialogues between different civilizations.

Article 25: The People’s Republic of China actively participates in global environmental and climate governance, strengthens international cooperation in green and low-carbon development, seeks global ecological civilization construction, and promotes the construction of a fair and reasonable, cooperative and win-win global environmental and climate governance system.

Article 26: The People’s Republic of China adheres to the promotion of high-level opening up to the outside world, develops foreign trade, actively promotes and legally protects foreign investment, encourages foreign economic cooperation such as outbound investment, promotes high-quality development of the Belt and Road Initiative, maintains the multilateral trading system, opposes unilateralism and protectionism, and promotes the construction of an open world economy.

Article 27: The People’s Republic of China conducts foreign aid through economic, technological, material, personnel, and management assistance to promote economic development and social progress in developing countries, enhance their autonomous and sustainable development capabilities, and promote international development cooperation.

The People’s Republic of China carries out international humanitarian cooperation and assistance, strengthens international cooperation in disaster prevention, reduction, and relief, and assists relevant countries in responding to humanitarian emergencies.

The People’s Republic of China’s foreign aid follows the principle of respecting the sovereignty of other countries, non-interference in the internal affairs of other countries, and without attaching any political conditions.

Article 28: The People’s Republic of China conducts exchanges and cooperation in various fields such as education, science and technology, culture, health, sports, society, ecology, military, security, and the rule of law according to the needs of developing foreign relations.

Chapter IV System of Foreign Relations

Article 29: The state comprehensively promotes domestic rule of law and rule of law in foreign affairs, strengthens legislation in the field of foreign affairs, and builds a legal system for foreign affairs.

Article 30: The state concludes or participates in treaties and agreements in accordance with the Constitution and laws, and fulfills the obligations stipulated in relevant treaties and agreements in good faith.

Treaties and agreements concluded or participated in by the state shall not contravene the Constitution.

Article 31: The state takes appropriate measures to implement and apply treaties and agreements.

The implementation and application of treaties and agreements shall not harm the sovereignty, security, and public interests of the state.

Article 32: The state, on the basis of observing the basic principles of international law and the basic norms of international relations, strengthens the implementation and application of laws and regulations in the field of foreign affairs, and takes law enforcement, judicial, and other measures in accordance with the law to safeguard the sovereignty, security, and development interests of the state and protect the legitimate rights and interests of Chinese citizens and organizations.

Article 33: For acts that violate international law and the basic norms of international relations and endanger the sovereignty, security, and development interests of the People’s Republic of China, the People’s Republic of China has the right to take corresponding countermeasures and restrictions.

The State Council and its departments shall formulate necessary administrative regulations and departmental rules, establish corresponding work systems and mechanisms, strengthen coordination between departments, and determine and implement relevant countermeasures and restrictions.

Decisions made pursuant to the first and second paragraphs of this Article shall be final.

Article 34: Based on the One-China principle, the People’s Republic of China establishes and develops diplomatic relations with countries around the world in accordance with the Five Principles of Peaceful Coexistence.

The People’s Republic of China has the right to take necessary diplomatic actions to change or terminate diplomatic and consular relations based on treaties and agreements concluded or participated in, basic principles of international law, and basic norms of international relations.

Article 35: The state takes measures to implement binding resolutions and related measures adopted by the United Nations Security Council under Chapter VII of the Charter of the United Nations.

The implementation of the sanctions resolutions and measures mentioned in the preceding paragraph shall be notified and announced by the Ministry of Foreign Affairs. Relevant departments of the state and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall take measures to implement them within their respective powers.

Organizations and individuals within China shall abide by the contents of the announcements of the Ministry of Foreign Affairs and the measures of relevant departments and regions and shall not engage in activities that violate the aforementioned sanctions resolutions and measures.

Article 36: The People’s Republic of China grants corresponding privileges and immunities to foreign diplomatic agencies, foreign state officials, international organizations, and their officials based on relevant laws and treaties concluded or participated in.

The People’s Republic of China grants immunity to foreign countries and their property based on relevant laws and treaties concluded or participated in.

Article 37: The state takes necessary measures to protect the safety and legitimate rights and interests of Chinese citizens and organizations overseas and to protect the overseas interests of the country from threats and infringements.

The state strengthens the construction of systems, mechanisms, and capabilities for the protection of overseas interests.

Article 38: The People’s Republic of China protects the legitimate rights and interests of foreigners and foreign organizations in China in accordance with the law.

The state has the right to permit or deny foreigners to enter, stay, and reside, and to manage the activities of foreign organizations within the territory according to law.

Foreigners and foreign organizations in China shall abide by Chinese laws, shall not endanger China’s national security, public interests, or disrupt social order.

Article 39: The People’s Republic of China strengthens multilateral and bilateral legal dialogue, promotes international legal exchange and cooperation.

Based on treaties and agreements concluded or participated in or according to the principles of equality and mutual benefit, the People’s Republic of China carries out international cooperation in law enforcement and justice with foreign countries and international organizations.

The state deepens and expands international law enforcement cooperation mechanisms, improves judicial assistance systems, and promotes international cooperation in law enforcement and justice. The state strengthens international cooperation in combating transnational crimes, corruption, and other international cooperation.

Chapter V Guarantee of Foreign Relations Development

Article 40: The state improves the comprehensive guarantee system for foreign affairs work and enhances the ability to develop foreign relations and safeguard national interests.

Article 41: The state guarantees the funds needed for foreign affairs work and establishes a funding guarantee mechanism that adapts to the needs of developing foreign relations and the level of national economic development.

Article 42: The state strengthens the construction of the foreign affairs talent team, takes measures to promote the training, utilization, management, service, and guarantee of talents.

Article 43: The state promotes social understanding and support for foreign affairs work through various forms.

Article 44: The state promotes the construction of international communication capabilities, promotes a better understanding of China in the world, and promotes exchanges and mutual learning of human civilizations.

Chapter VI Supplementary Provisions

Article 45: This Law shall come into force on July 1, 2023.

 

Disclaimer: The regulation of the law in China is translated by GWBMA for reference only. There may be different interpretations of the Chinese version.

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