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Consular Functions
2006-09-15 16:23:15 GDFAO

1. Consular Titles Recognized by the Chinese Government

The consular titles recognized by the Chinese Government include consul general, vice consul general, consul, vice consul, consular attach¨¦ and consular agent.

2. Acknowledgement of the Head of the Consular Post

The embassy of the sending state in China should present, with no delay, a note to the Ministry of Foreign Affairs to inform the appointment of the new head of the consular post and provide with his / her resume at the same time. If it has no objection, the Ministry of Foreign Affairs will reply in a note to the embassy of the sending state in China and notify the Chinese embassy in the sending state to issue the visa to the new head of the consular post.

3. Issuance of the Exequatur

With the consent of the Chinese Government on the appointment of the new head of the consular post, the embassy of the sending state in China should deliver, with no delay, the letter of consular appointment to the Ministry of Foreign Affairs stating the nationality, name and title of the head of the consular post and the name and district of the consular post. The Ministry of Foreign Affairs will then issue the exequatur to him / her (unless otherwise agreed upon in the relevant bilateral agreement).

4. Recognition of the Acting Head of the Consular Post

If the position of the head of the consular post is temporarily vacant, the consular post should present a note to the Foreign Affairs Office to inform the name and original position of the acting head of the consular post.

5. Exercise of Consular Functions outside the Consular District

In special circumstances, the consular officer may be required to exercise consular functions outside his / her consular district. In this case, the relevant consular post must obtain, in advance, the consent of the Department of Consular Affairs of the Ministry of Foreign Affairs through the Foreign Affairs Office at the provincial level or the relevant embassy in China.

6. Exercise of Consular Functions on behalf of a Third State

In special circumstances, the consular officer may be required to exercise consular functions in China on behalf of a third state. In this case, the relevant consular post must obtain, in advance, the consent of the Department of Consular Affairs of the Ministry of Foreign Affairs through the Foreign Affairs Office at the provincial level or the relevant embassy in China.

7. Visiting Confined Citizen of the Sending State

In accordance with the Vienna Convention on Consular Relations and the relevant bilateral consular treaties / agreements and in light of the principle of equality and reciprocity, the consular officer is entitled to visit the citizen of the sending state who is detained, arrested or imprisoned. Application for such visit must be made, in advance, to the provincial Department of Public Security, People's Procuratorate, Higher People's Court, or Prison Administration under the Department of Justice. The consular visit must be made as arranged by the competent authorities.

8. Attending Court Trial of the Citizen of the Sending State

If the consular officer needs to attend the court trial of the citizen of the sending state, the relevant consular post must make the application, in advance, to the Higher People's Court (of the province, autonomous region or municipalities under the direct jurisdiction of the central government). Any request of a copy of the court verdict and other relevant information may also be made to the court as mentioned above.

9. Organizing Activities outside the Consular Premises

If any consular post, or its members and the accompanying family members plan to organize, either on their own or in cooperation with other organizations, such events as celebration, commemorative activity, book exhibition, arts exhibition, press conference, trade show, writing competition, photo display, seminar, telephone meeting, lecture, public speech, fund raising, donation, awarding and medals conferring outside the consular premises, application for approval must be made 30 days in advance to the Foreign Affairs Office. In the application, the date, venue, number of participants, reasons, and target attendance of the event must be provided together with samples of the leaflets and handouts to be distributed or film (video) to be displayed on site.

10. Advertising on the Media

In case of need to publish information concerning consular services, citizen affairs, public welfare and commercial activities on China's mass media, the consular post should inform, in advance, the Foreign Affairs Office of the relevant content.

11. Setting up a Temporary Ballot Box

During the general election of the sending state, the consular post may set up a temporary ballot box in the place where most of the citizens of the sending state live in the consular district, but application should be made to and consent should be obtained from the Foreign Affairs Office in advance.

Editor: Wing

 
 

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