LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES ——附加英文版
The Standing Committee of the National People's Congress
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION 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:
(1) the Premier of the State Council, the Minister of Foreign Affairs;
(2) the head of a diplomatic mission of the People's Republic of China who
negotiates and signs treaties and agreements concluded between China and
the state to which he is accredited, unless it is otherwise agreed by the
contracting parties;
(3) the head of a governmental department of the People's Republic of
China who negotiates and signs the agreements concluded in the name of his
department, unless it is otherwise agreed by the contracting parties;
(4) the person, dispatched to an international conference or accredited to
an international organization by the People's Republic of China, who is at
the same time the representative for negotiating treaties or agreements in
that conference or organization, unless it is otherwise agreed by the
conference or otherwise provided for in the constitution of the
organization.
Article 7
The ratification of treaties and important agreements shall be decided
upon by the Standing Committee of the National People's Congress.
The treaties and important agreements referred to in the preceding
paragraph are as follows:
(1) treaties of friendship and cooperation, treaties of peace and similar
treaties of a political nature;
(2) treaties and agreements relating to territory and delimitation of
boundary lines;
(3) treaties and agreements relating to judicial assistance and
extradition;
(4) treaties and agreements which contain stipulations inconsistent with
the laws of the People's Republic of China;
(5) treaties and agreements which are subject to ratification as agreed by
the contracting parties; and
(6) other treaties and agreements subject to ratification.
After the signing of a treaty or an important agreement, the Ministry of
Foreign Affairs or the department concerned under the State Council in
conjunction with the Ministry of Foreign Affairs shall submit it to the
State Council for examination and verification; the State Council shall
then refer it to the Standing Committee of the National People's Congress
for decision on ratification; the President of the People's Republic of
China shall ratify it in accordance with the decision of the Standing
Committee of the National People's Congress.
After the ratification of a bilateral treaty or an important bilateral
agreement, the Ministry of Foreign Affairs shall execute the formalities
for the exchange of the instruments of ratification with the other
contracting party. After the ratification of a multilateral treaty or an
important multilateral agreement, the Ministry of Foreign Affairs shall
execute the formalities for the deposit of the instrument of ratification
with the depositary state or international organization. The instrument of
ratification shall be signed by the President of the People's Republic of
China and countersigned by the Minister of Foreign Affairs.
Article 8
After the signing of the agreements and other instruments of the nature of
a treaty which do not fall under paragraph 2, Article 7 of this Law and
which are subject to approval as prescribed by the State Council or as
agreed by the contracting parties, the Ministry of Foreign Affairs or the
departments concerned under the State Council in conjunction with the
Ministry of Foreign Affairs shall submit them to the State Council for
approval. After the approval of agreements and other instruments of the
nature of a treaty, in the case of a bilateral one, the Ministry of
Foreign Affairs shall execute the formalities for the exchange of the
instruments of approval with the other contracting party or for mutual
notification of the approval by diplomatic notes. In the case of a
multilateral one, the Ministry of Foreign Affairs shall execute the
formalities for the deposit of the instrument of approval with the
depositary state or international organization concerned. The instrument
of approval shall be signed by the Premier of the State Council, but may
also be signed by the Minister of Foreign Affairs.
Article 9
After the signing of the agreements which need no decision on ratification
by the Standing Committee of the National People's Congress or approval by
the State Council, the agreements shall be submitted by the departments
concerned under the State Council to the State Council for the record,
except those agreements concluded in the name of the governmental
departments of the People's Republic of China which are to be submitted by
these departments to the Ministry of Foreign Affairs for registration.
Article 10
If the two contracting parties need to go through different domestic legal
procedures for the entry into force of the same treaty or agreement, the
said treaty or agreement shall enter into force after the accomplishment
by the two parties of their respective legal procedures and the mutual
notification by diplomatic notes.
After the signing of the treaties and agreements listed in the preceding
paragraph, the formalities of ratification, approval, entry on the record
or registration shall be executed as the case requires in accordance with
Articles 7, 8 or 9 of this Law. The formalities of notification by note
shall be completed by the Ministry of Foreign Affairs.
Article 11
The decision to accede to multilateral treaties or agreements shall be
made by the Standing Committee of the National People's Congress or the
State Council as the case requires. The procedures for acceding to
multilateral treaties and agreements shall be as follows:
(1) to accede to a multilateral treaty or an important multilateral
agreement listed in Paragraph 2, Article 7 of this Law, 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 after examination and submit it to the State Council for
examination and verification; the State Council shall then refer it to the
Standing Committee of the National People's Congress for decision on
accession. The instrument of accession shall be signed by the Minister of
Foreign Affairs, and the specific formalities executed by the Ministry of
Foreign Affairs;
(2) to accede to a multilateral treaty or agreement other than those
listed in Paragraph 2, Article 7 of this Law, 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 after
examination and submit it to the State Council for decision on accession.
The instrument of accession shall be signed by the Minister of Foreign
Affairs, and the specific formalities executed by the Ministry of Foreign
Affairs.
Article 12
The decision to accept a multilateral treaty or an agreement shall be made
by the State Council.
In the case of a multilateral treaty or agreement containing clauses of
acceptance which is signed by the Chinese representative or does not
require any signature, 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 after examination and submit
it to the State Council for decision on acceptance. The instrument of
acceptance shall be signed by the Minister of Foreign Affairs, and the
specific formalities executed by the Ministry of Foreign Affairs.
Article 13
A bilateral treaty or agreement concluded by the People's Republic of
China with a foreign state shall be done in the Chinese language and the
official language of the other contracting party, both texts being equally
authentic. When necessary, a text in the language of a third state agreed
upon by the two contracting parties may be executed in addition as a
third, equally authentic, official text or an unofficial text for
reference. It may be stipulated by agreement of the two contracting
parties that the third text shall prevail in case of divergence of
interpretation of the treaty or agreement.
For agreements on specific lines of business and treaties and agreements
concluded with international organizations, a single language fairly
commonly used internationally may also be used by agreement of the two
contracting parties or in accordance with the provisions of the
constitutions of the international organizations concerned.
Article 14
Signed originals of bilateral treaties and agreements concluded in the
name of the People's Republic of China or the Government of the People's
Republic of China and copies of multilateral treaties and agreements
certified as true by the depositary states or international organizations
concerned shall be deposited with the Ministry of Foreign Affairs. Signed
originals of bilateral agreements concluded in the name of the
governmental departments of the People's Republic of China shall be
deposited with these departments.
Article 15
A treaty or an important agreement of which the Standing Committee of the
National People's Congress has decided on ratification or accession shall
be published in the bulletin of the Standing Committee of the National
People's Congress. The measures for publishing other treaties and
agreements shall be made by the State Council.
Article 16
Treaties and agreements concluded by the People's Republic of China shall
be compiled by the Ministry of Foreign Affairs into a collection of the
Treaties of the People's Republic of China.
Article 17
Treaties and agreements concluded by the People's Republic of China shall
be registered with the Secretariat of the United Nations by the Ministry
of Foreign Affairs in accordance with the relevant provisions of the
United Nations Charter. Treaties and agreements concluded by the People's
Republic of China that require registration with other international
organizations shall be registered by the Ministry of Foreign Affairs or
the departments concerned under the State Council in accordance with the
respective constitutions of the international organizations.
Article 18
The procedures for the conclusion of a treaty or an agreement with an
international organization by the People's Republic of China shall follow
this Law and the constitution of the relevant international organization.
Article 19
The procedures for amendment to, abrogation of and withdrawal from
treaties and agreements concluded by the People's Republic of China shall
follow mutatis mutandis the procedures for the conclusion of the treaties
and agreements in question.
Article 20
The State Council may make regulations in accordance with this Law for its
implementation.
Article 21
This Law shall enter into force as of the date of promulgation.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
测绘行业特有工种职业技能鉴定实施办法(试行)
国家测绘局
测绘行业特有工种职业技能鉴定实施办法(试行)
第一条 为适应社会主义市场经济发展的需要,做好测绘行业特有工种职业技能鉴定工作,全面提高测绘行业职工队伍的素质,根据中华人民共和国《劳动法》和劳动部《职业技能鉴定规定》,制定本办法。
第二条 本办法所称职业技能鉴定是指对劳动者进行技术等级的考核和技师资格的考评。
第三条 国家测绘局人事教育劳动司负责综合管理和指导测绘行业特有工种的职业技能鉴定工作,其主要职责是:
一、统筹规划测绘行业特有工种职业技能鉴定工作,并制定有关政策、规定和办法;
二、对测绘行业特有工种职业技能鉴定工作进行管理并监督检查;
三、组建和管理测绘行业特有工种职业技能鉴定指导中心(以下简称“中心”);
四、审核测绘行业特有工种职业技能鉴定站,报经劳动部批准颁发全国统一的《职业技能鉴定许可证》和标牌;
五、负责测绘行业特有工种职业技能鉴定考评员的综合管理和资格审核,报经劳动部核准后颁发考评员资格证书和胸卡;
六、审核测绘行业特有工种职业技能鉴定试题,报劳动部职业技能开发司批准后实施;
七、负责《技术等级证书》、《技师合格证书》的核发和管理工作;
八、对测绘行业特有工种职业技能鉴定站进行检查、评估。
第四条 各省(自治区、直辖市)测绘局(办)的劳动工资部门负责管理本省范围内测绘行业特有工种职业技能鉴定工作,其主要职责是:
一、对本省测绘行业特有工种职业技能鉴定工作实施监督检查;
二、负责本省区域内测绘行业特有工种职业技能鉴定站的布局,同时负责向国家测绘局人事教育劳动司申报本省区域内需要建立的测绘行业特有工种职业技能鉴定机构;
三、负责本省区域内测绘行业特有工种职业技能鉴定考评员的推荐工作;
四、承担国家测绘局人事教育劳动司安排或委托的各项职业技能鉴定工作。
第五条 国家测绘局成立职业技能鉴定指导中心,负责组织实施测绘行业特有工种职业技能鉴定工作,“中心”的主要职责是:
一、组织实施测绘行业特有工种职业技能鉴定工作;
二、制定测绘行业特有工种职业技能鉴定站建站条件,负责建站条件的审查,并指导其开展工作;
三、制定测绘行业特有工种职业技能鉴定考评员的资格要求,并负责组织资格培训与考核;
四、参与制定测绘行业职业技能标准、鉴定规范;
五、组建测绘行业特有工种试题库;
六、开展职业技能鉴定及有关问题的研究和咨询服务;
七、参与组织和推动测绘行业职业技能竞赛活动。
第六条 测绘行业特有工种职业技能鉴定站是职业技能鉴定的执行机构,其设立应具备以下条件:
一、具有熟悉所鉴定工种(专业)业务和组织实施能力的领导;
二、具有与所鉴定的工种(专业)及其等级类别相适应的操作设备、设拖和考核场地;
三、具有与所鉴定的工种(专业)及其等级类别相适应的符合国家标准的检测仪器;
四、有专(兼)职的组织管理人员;
五、有完善的管理制度和办法。
第七条 测绘行业特有工种职业技能鉴定站的设立,由各单位提出申请填写劳动部统一规定的审批登记表经本省(自治区、直辖市)测绘局(办)同意,并在征求地方劳动部门意见后,由“中心”进行审查,报国家测绘局人事教育劳动司审核经劳动部批准后发给《职业技能鉴定许可证》,明确鉴定的工种(专业)范围、等级和类别,同时授予统一的《特有工种职业技能鉴定站》标牌。
通用工种职业技能鉴定站的设立,由各单位向当地劳动行政部门申请,经当地劳动行政部门批准后,报国家测绘局职业技能鉴定指导中心备案。
第八条 测绘行业特有工种职业技能鉴定站,试行站长负责制,站长原则上由劳动工资部门派人担任,副站长由鉴定站所在单位派人担任。
第九条 鉴定站应有健全的财务制度和专职的财务管理人员。鉴定站的收费标准,按所在地区财政、物价、劳动部门规定收费。职业技能鉴定费主要用于:组织职业技能鉴定站场地、命题、考务、阅卷、考评、检测及原材料、能源、设备消耗等费用。
第十条 测绘行业特有工种职业技能鉴定站的工作规则:
一、贯彻执行国家和国家测绘局制定的有关规定、实施办法,采取切实有力的措施保证鉴定质量;
二、认真执行国家职业技能标准和职业技能鉴定规范,并按国家或国家测绘局批准的鉴定试题组织鉴定,鉴定站不可自行编制试题;
三、应受理一切符合申报条件、规定手续人员的职业技能鉴定,严格执行考评员对其家属的职业技能鉴定回避制度;
四、职业技能鉴定站享有独立进行职业技能鉴定的权力,有权拒绝任何组织或个人的一切非正当要求;
五、职业技能鉴定站实行定期鉴定制度,具体日期、鉴定工种、等级类别、报名条件以及收费标准等事项,应在鉴定前一个月发出通知,单位有特殊要求的,也可专门组织进行;
六、职业技能鉴定站应接受“中心”的业务指导和劳动行政部门的监督、检查。
第十一条 职业技能鉴定考评员应具有一定的考核理论知识,公正廉明的工作态度,并具有较高的职业道德水平。
考评员必须具备高级工或技师、中级专业技术职务以上的资格;鉴定技师资格的考评员必须具备高级专业技术职务的资格。
第十二条 考评员由国家测绘局职业技能鉴定指导中心统一组织资格培训和考核,对考核合格者,由国家测绘局人事教育劳动司审核,并报劳动部职业技能开发司核准,颁发考评员资格证书和胸卡。
考评员资格证书有效期为三年。
第十三条 职业技能鉴定站必须从取得考评员资格证书的人员中聘任相应的工种、等级或类别的考评员,并采取不定期轮换、调整考评员的方式组织专业考评小组。
第十四条 职业技能鉴定站的工作人员和考评员应严格遵守考评员工作守则和执行考场规则,对弄虚作假、殉私舞弊的,视情节轻重,由所在单位根据人事管理权限给予行政处分,或停止其在鉴定站的工作和吊销考评员资格证书。
第十五条 职业技能鉴定的对象:
一、职高、技工学校和各类培训机构毕(结)业生,凡从事本行业特有工种的,应实行技能鉴定;
二、学徒期满、拟从事本行业特有工种的学徒工;
三、改变工种、调挨新岗位、离开本行业特有工种岗位一年以上重新回到原岗位的人员;
四、其他必须经过鉴定方能上岗或自愿参加本行业特有工种职业技能鉴定的人员。
第十六条 已制定《职业技能鉴定规范》的工种,申报条件按《职业技能鉴定规范》的要求执行。没有制定《职业技能鉴定规范》的工种按以下要求执行:
一、学徒工学徒期满、经职业技能培训或通过自学达到初级技术水平的,可申报初级技术等级的职业技能鉴定;
二、取得初级《技术等级证书》后并在本工种岗位连续工作五年;以上,或经本单位劳动部门同意、教育部门组织的中级技术等级培训,可申报中级技术等级的职业技能鉴定;经评估合格的技工学校、中等专业学校学习的毕业生,可申报中级技术等级的职业技能鉴定;
三、取得中级《技术等级证书》后并在本工种岗位连续工作五年以上,或经本单位劳动部门同意、教育部门组织的高级技术等级培训,可申报高级技术等级的职业技能鉴定。
经过高级职业技术培训,可根据申报条件申报相应的技术等级、资格的职业技能鉴定;
四、取得高级《技术等级证书》且具备考评技师条件的,可申报技师任职资格考评;
五、参加国家、省(部)、地(市)级技术等级比赛获前三名者,视比赛项目及其技术等级标准的水平,经国家测绘局或各省(自治区、直辖市)测绘局(办)的劳动工资部门批准,可进行升级鉴定;
六、有特殊技能或特殊贡献者申报上一技术等级的鉴定或考评,经各省(自治区、直辖市)测绘局(办)的劳动工资部门批准可不受工作时间的限制。
第十七条 各职业技能鉴定站统一从测绘行业特有工种职业技能鉴定试题库中提取试题组织鉴定。题库未建立之前,由“中心”组织人员编制鉴定试题。
第十八条 实行职业技能鉴定证书制度,对技术等级考核合格者,发给相应的《技术等级证书》。技师资格考评合格者,发给《技师合格证书》。
上述证书是劳动者职业技能水平的凭证,是国家对劳动者专业(工种)学识、技术、能力的认可,是求职、任职、独立开业、单位录用以及工资分配等的主要依据。也是我国劳动者境外就业、劳务输出、法律公证的有效证件。
第十九条 凡经批准的职业技能鉴定站鉴定合格并发给证书的人员,各级工人考核组织或职业技能鉴定机构不再重复进行技术等级的考核。
第二十条 暂不具备建立职业技能站条件的单位,仍由各级工人考核委员会负责工人技术等级的考核工作。
第二十一条 实行职业技能鉴定站评估制度。评估工作由国家测绘局人事教育劳动司统一组织进行,三年评估一次。评估的主要内容有:执行考核计划和考核标准、鉴定站工作人员的业务水平、设备及检测手段、考核收费、考核档案、原始资料、鉴定站工作制度及社会
对鉴定工作的反映等情况。对评估优秀的鉴定站予以表彰;对评估不合格的鉴定站限期整改。
第二十二条 对违反国家《职业技能鉴定规定》和本办法规定,情节严重,造成不良影响的职业技能鉴定站,报请劳动部批准,予以撤销。
第二十三条 本办法未尽事宜,按国家《职业技能鉴定规定》执行。
第二十四条 本办法由国家测绘局人事教育劳动司负责解释。
第二十五条 本办法自颁发之日起执行。
摘自国测人字[1997]12号