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China developments - Consular Protection and Services

Circular Ref: A(23)124

Chinese Premier Li Qiang recently signed a State Council order, promulgating the Chinese regulations on Consular Protection and Services (hereinafter referred to as the Regulations), which will come into force on September 1, 2023.

The regulation are promulgated to safeguard interests and the legitimate rights of Chinese citizens, legal persons, and unincorporated organizations abroad.

The consular protection and services refer to the act of Chinese diplomatic agencies stationed abroad on behalf of the country to safeguard the legitimate rights and interests of Chinese citizens, legal persons, and unincorporated organizations abroad when their rights and interests are infringed upon or in need of assistance. It is an important public service provided by the Chinese government and an important measure to implement the overall national security concept and to maintain people's security.

The Regulations have 27 articles in total, mainly including: 1. To clarify the responsibilities and obligations of various parties in consular protection and assistance. It is stipulated that the Ministry of Foreign Affairs, diplomatic agencies stationed abroad, relevant departments of the State Council, local people's governments, and domestic units with dispatched personnel shall respectively assume responsibilities such as overall coordination, protection assistance, security publicity, response and disposal, communication and cooperation; Clarify the self-protection obligations of Chinese citizens, legal persons, and unincorporated organizations abroad. 2. To clarify the methods of accepting consular protection and services, as well as the areas of responsibility. It is stipulated that the Ministry of Foreign Affairs shall establish a hotline and online platform, and diplomatic agencies stationed abroad shall disclose their office addresses and contact information to facilitate Chinese citizens, legal persons, and unincorporated organizations to consult/apply for consular protection and services; Clarify the areas in which diplomatic agencies stationed abroad perform consular protection and service responsibilities. 3. To standardize the situation and content of fulfilling consular protection and assistance responsibilities. It is stipulated that Chinese citizens, legal persons, and unincorporated organizations stationed abroad shall provide consular protection and assistance in situations where their legitimate rights and interests are violated, suspected of illegal activities, difficulties in basic living security, and threats to personal and property safety due to major emergencies. 4. to strengthen risk prevention and safety reminders. It is stipulated that diplomatic agencies stationed abroad, relevant departments of the State Council, and local people's governments shall respectively bear the responsibilities of security warning, security publicity, education and training. The Ministry of Foreign Affairs and diplomatic agencies stationed abroad shall issue foreign security reminders as appropriate. The competent cultural and tourism department of the State Council, in conjunction with the Ministry of Foreign Affairs, shall establish a security risk warning mechanism for foreign tourism destinations, which involves Chinese citizens, legal persons, non-legal entities should take security precautions based on the security situation and avoid visiting or staying in high-risk countries or regions. 5. to improve various support guarantees. The Regulations stipulate that the State provides personnel, funds, and other guarantees for consular protection and services, and encourages social forces to participate in relevant work, and rewards organizations and individuals who have made outstanding contributions.

Chinese seafarers working abroad will also be covered by the consular protection and services provided by the Chinese government.

For your easy reference, I attach an English version of Questions Often Asked by Chinese Citizens in Seeking Consular Protection and Services issued by the Ministry of Foreign Affairs.  

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