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China rolls out regulations on concluding treaties

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Chinese Premier Li Keqiang has signed a State Council decree outlining a set of regulations, which will come into effect on Jan. 1, 2023, on the conclusion of treaties, according to an official statement released Monday.

XinhuaUpdated:  November 8, 2022

Chinese Premier Li Keqiang has signed a State Council decree outlining a set of regulations, which will come into effect on Jan. 1, 2023, on the conclusion of treaties, according to an official statement released Monday.

Formulated on the basis of previous practice and relevant rules and regulations, these new regulations will further improve the procedures for concluding treaties, the statement added.

The regulations stipulate that treaties involving vital national interests in fields such as politics, diplomacy, economy, society and security should be reported to the Communist Party of China Central Committee before they are concluded, according to the statement.

The Ministry of Foreign Affairs has the mandate to oversee the conclusion of a treaty, and offer guidance to relevant State Council departments in negotiating and concluding treaties in accordance with legal procedures, said the statement. It added that local governments have no power to enter into any treaty unless authorized otherwise by the Constitution, laws or the State Council.

The regulations also specify 10 types of treaties that should be reviewed by the State Council and placed before the Standing Committee of the National People's Congress for ratification.

In addition, the regulations also stipulated the procedures concerning the application of treaties in the Hong Kong and Macao special administrative regions.

According to the new regulations, prior to the signing of a treaty, the provisions should be reviewed by legal teams of concerned State Council departments. They should consult the Ministry of Justice if they find that specific provisions contradict domestic laws and regulations, or the country's international obligations under treaties in force.

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