第一条 根据中华人民共和国宪法,制定本法。
Article 1.
This Law is formulated in accordance with the Constitution of the People's Republic of China.
第二条 本法适用于中华人民共和国同外国缔结的双边和多边条约、协定和其他具有条约、协定性质的文件。
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.
第三条 中华人民共和国国务院,即中央人民政府,同外国缔结条约和协定。
Article 3.
The State Council of the People's Republic of China, that is, the Central People's Government shall conclude treaties and agreements with foreign states.
中华人民共和国全国人民代表大会常务委员会决定同外国缔结的条约和重要协定的批准和废除。
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.
中华人民共和国主席根据全国人民代表大会常务委员会的决定,批准和废除同外国缔结的条约和重要协定。
The President of the People's Republic of China shall, pursuant to the decisions of the Standing Committee of the National People's Congress, ratify and abrogate treaties and important agreements concluded with foreign states.
中华人民共和国外交部在国务院领导下管理同外国缔结条约和协定的具体事务。
The Ministry of Foreign Affairs of the People's Republic of China shall, under the leadership of the State Council, administer specific affairs concerning the conclusion of treaties and agreements with foreign states.
第四条 中华人民共和国以下列名义同外国缔结条约和协定:
Article 4.
The People's Republic of China shall conclude treaties and agreements with foreign states in the name of:
(一)中华人民共和国;
(1) The People's Republic of China;
(二)中华人民共和国政府;
(2) The Government of the People's Republic of China;
(三)中华人民共和国政府部门;
(3) The government departments of the People's Republic of China.
第五条 谈判和签署条约、协定的决定程序如下:
Article 5.
The procedures for the decision on negotiating and signing of treaties and agreements are as follows:
经国务院审核决定的条约、协定的中方草案,经谈判需要作重要改动的,重新报请国务院审核决定。
In case that the Chinese draft of a treaty or agreement already examined and decided upon by the State Council shall have to undergo major modifications as a result of negotiation, the revised draft shall be re-submitted to the State Council for examinatitions and powers
第六条 谈判和签署条约、协定的代表按照下列程序委派:
Article 6.
For the purpose of negotiating and signing treaties or agreements, representatives shall be appointed according to the following procedures:
下列人员谈判、签署条约、协定,无须出具全权证书:
The following persons shall dispense with full powers for negotiating and signing treaties and agreements:
(一)国务院总理、外交部长;
(1) The Premier of the State council and the Minister of Foreign Affairs;
(二)谈判、签署与驻在国缔结条约、协定的中华人民共和国驻该国使馆馆长,但是各方另有约定的除外;
(2) The heads of the diplomatic missions of the People's Republic of China who negotiate and sign treaties or agreements concluded between China and the States to which they are accredited, unless it is otherwise agreed by the contracting parties;
(三)谈判、签署以本部门名义缔结协定的中华人民共和国政府部门首长,但是各方另有约定的除外;
(3) The heads of the government departments of the People's Republic of China who negotiate and sign the agreements concluded in the name of their departments, unless it is otherwise agreed by the contracting parties;
第七条 条约和重要协定的批准由全国人民代表大会常务委员会决定。
Article 7.
The ratification of treaties and important agreements shall be decided upon by the Standing Committee of the National People's Congress.
前款规定的条约和重要协定是指:
The treaties and important agreements referred to in the preceding paragraph are as follows:
(一)友好合作条约、和平条约等政治性条约;
(1) Treaties of friendship and cooperation, treaties of peace and other treaties of a political nature;
(四)同中华人民共和国法律有不同规定的条约、协定;
(4) Treaties and agreements which contain stipulations inconsistent with the laws of the People's Republic of China;
(五)缔约各方议定须经批准的条约、协定;
(5) Treaties and agreements which are subject to ratification as agreed by the contracting parties;
(六)其他须经批准的条约、协定。
(6) Other treaties and agreements subject to ratification.
第十一条 加入多边条约和协定,分别由全国人民代表大会常务委员会或者国务院决定。
Article 11.
The decision to accede to multilateral treaties or agreements shall be made respectively by the Standing Committee of the National People's Congress or the State Council.