Effective from September 1st, the Regulations on Consular Protection and Assistance of the People's Republic of China will be promulgated by relevant departments | Assistance | Regulations on Consular Protection and Assistance of the People's Republic of China

Release time:Apr 14, 2024 05:03 AM

Order of the State Council of the People's Republic of China

No. 763

The Regulations of the People's Republic of China on Consular Protection and Assistance were passed at the 9th Executive Meeting of the State Council on June 29, 2023, and are now promulgated. They will come into effect on September 1, 2023.

Premier Li Qiang

July 9, 2023

Regulations of the People's Republic of China on Consular Protection and Assistance

Article 1 These Regulations are formulated for the purpose of safeguarding the legitimate rights and interests of Chinese citizens, legal persons and unincorporated organizations abroad, and regulating and strengthening the work of consular protection and assistance.

Article 2 The work of consular protection and assistance shall adhere to the leadership of the CPC, adhere to the people-centered approach, implement the overall national security concept, strengthen overall coordination, and improve consular protection and assistance capabilities.

Article 3 These Regulations shall apply to consular protection and assistance and related activities such as guidance and coordination, safety prevention, support and guarantee.

The consular protection and assistance referred to in these regulations refer to the acts of Chinese citizens, legal persons, and unincorporated organizations abroad who, when their legitimate rights and interests are infringed upon or in need of assistance, are lawfully protected and provided by diplomatic missions stationed abroad.

The diplomatic missions abroad referred to in the preceding paragraph refer to the representative offices of the People's Republic of China in foreign countries, such as embassies and consulates, responsible for consular protection and assistance.

Article 4 The Ministry of Foreign Affairs shall coordinate the work of consular protection and assistance, publicize and remind foreign security, guide diplomatic agencies stationed abroad to carry out consular protection and assistance, coordinate relevant departments and local people's governments to participate in consular protection and assistance related work, and carry out relevant international exchanges and cooperation.

Diplomatic agencies stationed abroad shall fulfill their consular protection and assistance responsibilities in accordance with the law, carry out relevant security propaganda and prevention activities, and strengthen communication and coordination with relevant domestic departments and local people's governments.

The relevant departments of the State Council and local people's governments shall establish relevant working mechanisms, participate in consular protection and assistance work according to their respective responsibilities, and provide necessary assistance to Chinese citizens, legal persons, and unincorporated organizations abroad.

Domestic units with expatriates should do a good job in promoting, educating, and training on foreign security, as well as handling related issues. Chinese citizens, legal persons, and unincorporated organizations abroad should abide by the laws of China and the host country, respect the religious beliefs and customs of the host country, and take self security precautions.

Article 5 The Ministry of Foreign Affairs shall establish open hotlines and online platforms, and diplomatic agencies stationed abroad shall publish their office addresses and contact information to the public, and accept inquiries and requests for consular protection and assistance.

When Chinese citizens, legal persons, and unincorporated organizations request consular protection and assistance, they shall provide documents or relevant information that can prove their identity to diplomatic missions abroad.

Article 6 Chinese citizens, legal persons and unincorporated organizations abroad may register basic information in advance on the information registration platform established by the Ministry of Foreign Affairs or diplomatic agencies stationed abroad, so as to facilitate the diplomatic agencies stationed abroad to provide consular protection and assistance to them.

Relevant departments of the State Council and diplomatic missions abroad shall, in accordance with the needs of consular protection and assistance, share relevant information of Chinese citizens, legal persons, and non legal persons organizations abroad in accordance with the law, and do a good job in information protection.

Article 7 Diplomatic agencies stationed abroad shall perform consular protection and assistance duties within the area where they perform their duties; under special circumstances, with the consent of the host country, they may temporarily perform consular protection and assistance duties outside the area where they perform their duties; with the consent of a third country, they may perform consular protection and assistance duties in that third country.

Article 8: Where Chinese citizens, legal persons, or unincorporated organizations abroad seek help from diplomatic agencies stationed abroad due to infringement of their legitimate rights and interests, the diplomatic agencies stationed abroad shall provide them with channels and suggestions for safeguarding their legitimate rights and interests in accordance with relevant circumstances, and report to the host country Relevant departments verify the situation, urge fair and proper handling in accordance with the law, and provide assistance.

Article 9: If it is learned that Chinese citizens, legal persons, or unincorporated organizations abroad have been taken relevant measures by the host country on suspicion of illegal crimes, the diplomatic agency stationed abroad shall, in accordance with the relevant circumstances, check with the relevant department of the host country to verify the situation, and request fair and proper handling in accordance with the law.

If a Chinese citizen mentioned in the preceding paragraph is detained, arrested, imprisoned, or restricted in personal freedom by the host country in any other way, diplomatic missions abroad shall, in accordance with the laws of the host country and international treaties concluded or jointly participated in by China and the host country, visit or contact them, understand their relevant needs, and require the relevant departments of the host country to provide humanitarian and fair treatment to the Chinese citizen.

Article 10 If it is informed that the host country is hearing a case involving Chinese citizens, legal persons, or unincorporated organizations, the diplomatic agency stationed abroad may observe in accordance with the law of the host country and the international treaties concluded or jointly participated by my country and the host country, and request the relevant departments of the host country to protect its litigation rights in accordance with the law of the host country.

Article 11 If it is learned that a Chinese citizen abroad needs guardianship but is living in a state of unattended, the diplomatic agency stationed abroad shall report the situation to the relevant department of the host country and urge proper handling in accordance with the law. In case of emergency, diplomatic agencies stationed abroad shall coordinate relevant parties to provide necessary temporary living care.

Diplomatic agencies stationed abroad shall promptly notify the relatives of the Chinese citizen or the provincial people's government of the place of residence in China of the relevant situation. The provincial-level people's government that receives the notification shall promptly and step by step notify the resident committee, village committee, or civil affairs department of the place where the Chinese citizen resides of the relevant situation. Diplomatic agencies and local people's governments stationed abroad shall provide assistance to relevant personnel or organizations in fulfilling their guardianship duties.

Article 12 If Chinese citizens abroad seek help from diplomatic agencies stationed abroad due to difficulties in basic living security, the diplomatic agencies stationed abroad shall provide assistance for them to contact relatives and friends and obtain relief.

Article 13 If the whereabouts of a Chinese citizen abroad is unknown and his relatives seek help from diplomatic agencies stationed abroad, the diplomatic agencies stationed abroad shall provide local means of reporting to the police and other information on obtaining assistance.

If a case is filed by the police of the host country, diplomatic missions abroad should urge the police of the host country to handle it promptly and properly.

Article 14 If it is learned that a Chinese citizen abroad is injured due to public security criminal cases, natural disasters, accidents, etc., the diplomatic agency stationed abroad shall, in accordance with the relevant circumstances, check and verify the situation with the relevant departments of the country in which it is stationed, urge emergency assistance and medical treatment, and require fair and proper handling in accordance with the law.

If a Chinese citizen dies due to the circumstances listed in the preceding paragraph, diplomatic missions stationed abroad shall provide assistance to the close relatives of the deceased in handling aftermath matters in accordance with the relevant regulations of the host country, inform the close relatives of the deceased of the local regulations on the time limit for the disposal of the body and relics, and require the relevant departments of the host country to handle and properly keep the body and relics in accordance with the law.

Article 15 Where major emergencies such as wars, armed conflicts, riots, serious natural disasters, major accidents and disasters, major infectious diseases, and terrorist attacks occur in the host country, and Chinese citizens, legal persons, or unincorporated organizations abroad are in need of assistance due to personal and property safety. Threatened, diplomatic agencies stationed abroad shall promptly verify the situation and urge the host country to take effective measures to protect the personal and property safety of Chinese citizens, legal persons, and unincorporated organizations, and provide assistance in accordance with the relevant circumstances.

If it is indeed necessary and conditions are met, the Ministry of Foreign Affairs and diplomatic missions abroad shall contact and coordinate with the host country and relevant domestic parties to provide relevant assistance to Chinese citizens, legal persons, and unincorporated organizations abroad. Relevant departments and local people's governments shall actively fulfill their corresponding responsibilities.

Article 16 Diplomatic agencies stationed abroad shall understand the information of local legal services, translation, medical treatment, funeral and interment agencies in the host country, and provide consultation when Chinese citizens, legal persons, and unincorporated organizations need it.

Article 17: Where Chinese citizens, legal persons, or unincorporated organizations abroad seek help from diplomatic agencies stationed abroad due to disputes with intermediary agencies, tourism operators, transportation agencies, etc., the diplomatic agencies stationed abroad shall provide them with legal protection in accordance with the specific circumstances. Relevant information and suggestions on their legitimate rights and interests.

Article 18 diplomatic agencies stationed abroad shall, in the light of the local security situation, legal environment, customs and habits, establish a safety early warning and emergency response mechanism for consular protection and assistance, and carry out security risk assessment, conduct security publicity to Chinese citizens, legal persons and unincorporated organizations in the areas where they perform their duties, and guide them to carry out emergency response and daily security protection.

Chinese legal and non legal entities abroad should establish security prevention and emergency response mechanisms based on the security situation in their respective countries, ensure relevant funds, strengthen security prevention education and emergency knowledge training, and establish specialized security management institutions and personnel as needed.

Article 19 The Ministry of Foreign Affairs and diplomatic agencies stationed abroad shall pay close attention to the security situation of social security, natural disasters, accidents and disasters, epidemic situations of infectious diseases, etc. of the countries and regions concerned, and publicly issue foreign safety reminders according to the circumstances. The procedures for the classification and issuance of foreign security reminders shall be formulated by the Ministry of Foreign Affairs.

The cultural and tourism authorities of the State Council, in conjunction with the Ministry of Foreign Affairs, shall establish a mechanism for warning foreign tourism destination security risks, and publicly release tourism destination security risk warnings based on foreign security reminders.

The relevant departments of the State Council and local people's governments, in conjunction with foreign security reminders, shall remind relevant Chinese citizens, legal persons, and non legal persons to take safety precautions and avoid visiting or staying in high-risk countries or regions in their respective areas according to their respective responsibilities.

Article 20 the relevant departments of the State Council shall, in accordance with their respective duties, carry out publicity, education and training on foreign safety, improve the level of safety risk prevention of relevant industries and personnel, and focus on improving the safety awareness and risk prevention ability of personnel studying, traveling, doing business and working abroad.

Local people's governments should strengthen safety awareness and training for key areas and groups based on the situation of Chinese citizens, legal persons, and unincorporated organizations in their respective regions abroad.

Article 21 Relevant Chinese citizens, legal persons, and unincorporated organizations shall actively pay attention to safety reminders, and in accordance with the requirements of safety reminders, take local safety precautions, and avoid going to and staying in high-risk countries or regions.

Travel agencies operating overseas tourism business should pay attention to foreign safety reminders and destination safety risk reminders, and provide tourists with truthful explanations and clear reminders on the safety risks in the destination country or region through pre travel notification and other means; For sales through online platforms, relevant risks should be prominently indicated.

Article 22 The State shall provide personnel, funds and other guarantees for consular protection and assistance.

The funds for local people's governments to participate in consular protection and assistance related work are included in budget management.

The investment of domestic enterprises with expatriate personnel for foreign security is included in the company's cost expenses.

Article 23 The diplomatic offices stationed abroad may, in accordance with the actual needs of consular protection and assistance and with the approval of the Ministry of Foreign Affairs, employ personnel to perform auxiliary work.

The Ministry of Foreign Affairs and diplomatic missions abroad shall provide training to diplomatic personnel and other personnel engaged in consular protection and assistance work in accordance with their job responsibilities.

Article 24 The State encourages relevant organizations and individuals to provide voluntary services for consular protection and assistance.

The state encourages and supports social forces such as insurance companies, emergency rescue agencies, and law firms to participate in consular protection and assistance related work.

Article 25 Organizations and individuals that have made outstanding contributions to the work of consular protection and assistance shall be commended and rewarded in accordance with the relevant provisions of the State.

Article 26 Chinese citizens, legal persons and unincorporated organizations that receive accommodation, transportation, medical and other materials and services provided by third parties in the process of consular protection and assistance shall pay the expenses that should be borne by them.

Article 27 These Regulations shall enter into force as of September 1, 2023.

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