Consular Agreement between the People's Republic of China and the Republic of the Philippines | | 中华人民共和国和菲律宾共和国领事协定 |
| (This Agressment was signed on October 29, 2009, and approved at the 13th Meeting of the Standing Committee of the 11th National People's Congress on February 26, 2010) | | （本协定于2009年10月29日签订，经2010年2月26日第十一届全国人民代表大会常务委员会第十三次会议通过批准） |
| The People's Republic of China and the Republic of the Philippines (hereinafter referred to as “the Contracting Parties”), | | 中华人民共和国和菲律宾共和国（以下称缔约双方）， |
| Desiring to develop their consular relations in order to facilitate the protection of the rights and interests of their nations and nationals, and promote the friendly relations and cooperation between the two countries, | | 为发展两国的领事关系，以利于保护两国国家和两国国民的权利和利益，促进两国间的友好合作关系， |
| Have decided to conclude the present Consular Agreement and have agreed as follows: | | 决定缔结本协定，并议定下列各条： |
| CHAPTER I DEFINITION | | 第一章 定 义 |
| Article 1 Definitions | | 第一条 定 义 |
| For the purposes of the present Agreement, the following expressions shall have the meanings hereunder assigned to them: | | 就本协定而言，下列用语的含义是： |
| (a) “consular post” means any consulate-general, consulate, vice-consulate or consular agency; | | （一）“领馆”指总领事馆、领事馆、副领事馆或领事代理处； |
| (b) “consular district” means the area assigned to a consular post for the exercise of consular functions; | | （二）“领区”指为领馆执行领事职务而设定的区域； |
| (c) “head of consular post” means the consul-general, consul, vice consul or consular agent who is charged by the sending State to head a consular post; | | （三）“领馆馆长”指派遣国委派领导一个领馆的总领事、领事、副领事或者领事代理人； |
| (d) “consular officer” means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions; | | （四）“领事官员”指被委派执行领事职务的人员，包括领馆馆长在内； |
| (e) “member of the administrative and technical staff of the consular post” means any person who performs administrative or technical service at a consular post; | | （五）“领馆行政技术人员”指在领馆内从事行政或技术工作的人员； |
| (f) “member of the service staff” means any person employed in the domestic service of a consular post; | | （六）“领馆服务人员”指在领馆内从事服务工作的人员； |
| (g) “members of the consular post” means consular officers, administrative and technical staff and service staff of the consular post; | | （七）“领馆成员”指领事官员、领馆行政技术人员和领馆服务人员； |
| (h) “member of the private staff” means any person who is employed in the private service of a member of the consular post; | | （八）“私人服务人员”指领馆成员私人雇用的服务人员； |
| (i) “consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post; | | （九）“领馆馆舍”指专供领馆使用的建筑物或部分建筑物及其附属的土地，不论其所有权属谁； |
| (j) “consular archives” means all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card indexes, the data stored in memory medium and any articles of furniture intended for their protection or safe-keeping; | | （十）“领馆档案”指领馆的一切文书、文件、函电、簿籍、胶片、胶带和登记册，以及明密电码、纪录卡片、存储介质储存的资料和保护或保管它们的任何器具； |
| (k) “national of the sending State” means any natural person having the nationality of the sending State, and when applicable, also any juridical person of the sending State; | | （十一）“派遣国国民”指具有派遣国国籍的自然人，适用时，也指法人； |
| (l) “vessel of the sending State” means any vessel sailing under the flag of the sending State pursuant to its law, excluding military vessels; | | （十二）“派遣国船舶”指按照派遣国法律悬挂派遣国国旗的船舶，不包括军用船舶； |
| (m) “aircraft of the sending State” means any aircraft registered in the sending State and bearing that State's registration marks, excluding military aircraft. | | （十三）“派遣国航空器”指在派遣国登记并标有其登记标志的航空器，不包括军用航空器。 |
| CHAPTER II ESTABLISHMENT OF A CONSULAR POST AND APPOINTMENT OF ITS MEMBERS | | 第二章 领馆的设立和领馆成员的委派 |
| Article 2 Establishment of a Consular Post | | 第二条 领馆的设立 |
| 1. A consular post may be established in the territory of the receiving State only with the consent of that State. | | 一、派遣国须经接受国同意方能在该国境内设立领馆。 |
| 2. The determination of the seat of the consular post, its classification and its consular district, as well as any changes pertaining thereto, shall be through consultation between the sending State and the receiving State. | | 二、派遣国和接受国经协商确定领馆的所在地、等级和领区，以及与此有关的任何变动。 |
| Article 3 Appointment and Admission of Head of Consular Post | | 第三条 领馆馆长的任命和承认 |
| 1. The sending State shall, through diplomatic channels, forward to the receiving State a note of appointment of the head of a consular post. This note shall specify the full name and rank of the head of the consular post, seat and classification of the consular post and the consular district. | | 一、派遣国应通过外交途径向接受国递交任命领馆馆长的照会。照会中应载明领馆馆长的姓名、职衔、领馆所在地、等级和领区。 |
| 2. Upon receiving the note of appointment of the head of a consular post, the receiving State shall confirm the appointment in a note as soon as possible. If the receiving State refuses its confirmation, it is not obliged to give reasons for such refusal. | | 二、接受国在接到任命领馆馆长的照会后，应尽快以照会予以确认。接受国如拒绝确认，无须说明理由。 |
| 3. The head of a consular post may enter upon his consular functions after the issue of a note of confirmation by the receiving State. Prior to the note of confirmation, the head of the consular post may, with the consent of the receiving State, perform his functions provisionally. | | 三、领馆馆长在接受国照会确认后即可执行职务。在此之前，经接受国同意，领馆馆长可临时执行职务。 |
| 4. Upon confirming the appointment of the head of a consular post or permitting him to perform his functions provisionally, the receiving State shall immediately notify the competent authorities in the consular district and take all necessary measures to enable the head of the consular post to perform his functions and to enjoy the rights, facilities, privileges and immunities provided for in this Agreement. | | 四、接受国确认领馆馆长或准许其临时执行职务后，应立即通知领区内主管当局，并采取一切必要措施使领馆馆长能执行职务，并享受本协定规定的权利、便利、特权与豁免。 |
| Article 4 Temporary Exercise of the Functions of the Head of a Consular Post | | 第四条 临时代理领馆馆长职务 |
| 1. If for any reason the head of a consular post is unable to perform his functions, or if his position is temporarily vacant, the sending State may designate a consular officer of the consular post or of another consular post in the receiving State, or a diplomatic officer of its embassy in the receiving State as the acting head of the consular post. The sending State shall notify the receiving State in advance of the full name and the original rank of the acting head of the consular post. | | 一、领馆馆长因故不能执行职务或其职位暂时空缺时，派遣国可指派该领馆或驻接受国的其他领馆的一位领事官员或驻接受国使馆的一位外交人员担任代理领馆馆长。派遣国应事先将代理领馆馆长的姓名和原职衔通知接受国。 |
| 2. The acting head of a consular post shall enjoy the same rights, facilities, privileges and immunities as enjoyed by a head of a consular post under this Agreement. | | 二、代理领馆馆长享有本协定规定的领馆馆长应享有的权利、便利、特权与豁免。 |
| 3. A diplomatic officer designated as the acting head of a consular post shall continue to enjoy such diplomatic privileges and immunities as due to him. | | 三、被指派为代理领馆馆长的外交人员继续享有其应享有的外交特权与豁免。 |
| Article 5 Notification of Arrivals and Departures | | 第五条 通知到达和离境 |
| The sending State shall at an appropriate time notify the receiving State of the following in writing: | | 派遣国应在适当时间内将下列事项书面通知接受国： |
| (a) The full name and rank of a member of a consular post, the date of his arrival and final departure or the termination of his functions, as well as any change of his status in the course of his service with the consular post; | | （一）领馆成员的姓名、职衔和他们的到达、最后离境或职务终止，以及他们在领馆任职期间职务上的任何变更； |
| (b) The full name, nationality and the date of arrival and final departure of a family member of a member of the consular post and the fact that any person becomes or ceases to be such a family member; | | （二）领馆成员的家庭成员的姓名、国籍和他们的到达和最后离境，以及任何人成为或不再是领馆成员的家庭成员的事实； |
| (c) The full name, nationality, function and the date of arrival and final departure of a member of the private staff and the fact that any person becomes or ceases to be such private staff. | | （三）私人服务人员的姓名、国籍、职务和他们的到达和最后离境，以及任何人成为或不再是私人服务人员的事实。 |
| Article 6 Identity Cards | | 第六条 身份证 |
| The competent authorities of the receiving State shall, in accordance with its regulations, issue relevant identity cards to the members of the consular post and their family members, except those who are nationals or permanent residents of the receiving State. | | 接受国主管当局应按其规定发给领馆成员及其家庭成员相应的身份证件，但属接受国国民或永久居民者除外。 |
| Article 7 Nationality of Members of the Consular Post and Members of the Private Staff | | 第七条 领馆成员和私人服务人员的国籍 |
| 1. A consular officer shall be a national of the sending State, and not a permanent resident of the receiving State. | | 一、领事官员只能是派遣国国民，且不得是接受国的永久居民。 |
| 2. Members of the administrative and technical staff and members of the service staff of the consular post and members of the private staff shall be either nationals of the sending State or nationals of the receiving State. | | 二、领馆行政技术人员、领馆服务人员和私人服务人员应是派遣国国民或接受国国民。 |
| Article 8 Persons Declared “Non Grata” | | 第八条 宣告为不受欢迎的人 |
| 1. The receiving State may at any time notify the sending State through diplomatic channels that a member of the consular post is persona non grata or is not acceptable, and the receiving State is not obliged to give reasons for its decision. | | 一、接受国可随时通过外交途径通知派遣国，宣告某一领馆成员为不受欢迎的人或不可接受，并无须说明理由。 |
| 2. In the cases mentioned in paragraph 1 of this Article, the sending State shall recall that person or terminate his functions with the consular post. If the sending State fails within a reasonable time to carry out its obligations, the receiving State is entitled to withdraw acceptance from the person concerned or cease to consider him as a member of the consular post. | | 二、遇本条第一款所述情况，派遣国应召回有关人员或终止其在领馆的工作。如派遣国未在适当期间内履行此义务，接受国有权撤销对有关人员的承认或不再视其为领馆成员。 |
| CHAPTER III CONSULAR FUNCTIONS | | 第三章 领事职务 |
| Article 9 General Consular Functions | | 第九条 一般领事职务 |
| A consular officer shall be entitled to the performance of the following functions: | | 领事官员有权执行下列职务： |
| (a) protecting the rights and interests of the sending State and those of its nationals; | | （一）保护派遣国及其国民的权利和利益； |
| (b) furthering the development of economic, trade, scientific-technological, cultural and educational relations between the sending State and receiving State and otherwise promoting their friendly relations and cooperation; | | （二）增进派遣国和接受国之间的经济、贸易、科技、文化和教育关系，并在其他方面促进两国之间的友好合作； |
| (c) ascertaining by all lawful means conditions of the receiving State in the economic, trade, scientific-technological, cultural, educational and other fields, and reporting thereon to the government of the sending State; | | （三）用一切合法手段调查接受国的经济、贸易、科技、文化和教育等方面的情况，并向派遣国政府报告； |
| (d) performing other functions authorized by the sending State, which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State. | | （四）执行派遣国授权而不为接受国法律规章所禁止或不为接受国所反对的其他职务。 |
| Article 10 Applications Pertaining to Nationality and Civil Registration | | 第十条 接受有关国籍的申请和民事登记 |
| 1. A consular officer shall be entitled to: | | 一、领事官员有权： |
| (a) receive applications pertaining to nationality; | | （一）接受有关国籍问题的申请； |
| (b) register nationals of the sending State; | | （二）登记派遣国国民； |
| (c) register births and deaths of nationals of the sending State; | | （三）登记派遣国国民的出生和死亡； |
| (d) handle marriage formalities for nationals of the sending State and issue appropriate marriage certificates. | | （四）办理派遣国国民间的婚姻手续并发给相应的证书。 |
| 2. The provisions of paragraph 1 of this Article shall not exempt the persons concerned from the obligation to observe the laws and regulations of the receiving State. | | 二、本条第一款的规定不免除当事人遵守接受国法律规章的义务。 |
| Article 11 Issuance of Passports and Visas | | 第十一条 颁发护照和签证 |
| A consular officer shall be entitled to: | | 领事官员有权： |
| (a) receive applications for and issue passports or other travel documents to nationals of the sending State and may endorse or invalidate the said passports or documents; | | （一）受理派遣国国民的护照或其他旅行证件的申请，和向派遣国国民颁发护照或其他旅行证件，以及加注或吊销上述护照或证件； |
| (b) receive applications for and issue visas to persons who will go to or pass through the sending State and may endorse or invalidate the said visas. | | （二）受理前往或途经派遣国的人员的签证申请，和向前往或途经派遣国的人员颁发签证，以及加注或吊销上述签证。 |
| Article 12 Notarization and Authentication | | 第十二条 公证和认证 |
| 1. A consular officer shall be entitled to: | | 一、领事官员有权： |
| (a) draw up documents of a person of any nationality for use in the sending State upon the request of that person; | | （一）应任何国籍的个人要求，为其出具在派遣国使用的各种文书； |
| (b) draw up documents of a national of the sending State for use outside the sending State upon the request of that national; | | （二）应派遣国国民的要求，为其出具在派遣国境外使用的各种文书； |
| (c) translate documents into the official language of the sending State or of the receiving State and certify that the translation is in conformity with the original; | | （三）把文书译成派遣国或接受国的官方文字，并证明译本与原文相符； |
| (d) carry out other notarial functions which are authorized by the sending State, and to which no objection is taken by the receiving State; | | （四）执行派遣国授权而不为接受国所反对的其他公证职务； |
| (e) authenticate signatures and seals on documents issued by the authorities concerned of the sending State or of the receiving State. | | （五）认证派遣国有关当局或接受国有关当局所颁发的文书上的签字和印章。 |
| 2. When used in the receiving State, the documents drawn up, certified or authenticated by consular officers in accordance with the laws and regulations of the receiving State shall have the same validity and effect as the documents drawn up, certified or authenticated by the competent authorities of the receiving State. | | 二、领事官员出具、证明或认证的文书如在接受国使用，只要它们符合接受国法律规章，应与接受国主管当局出具、证明或认证的文书具有同等效力。 |
| 3. A consular officer shall be entitled to receive or take into temporary custody the certificates and documents of a national of the sending State provided that this is not incompatible with the laws and regulations of the receiving State. | | 三、在与接受国法律规章不相抵触的前提下，领事官员有权接受和临时保管派遣国国民的证件和文书。 |
| Article 13 Notification of Detention and Arrest and Visit | | 第十三条 拘留、逮捕通知和探视 |
| 1. If a national of the sending State is detained, arrested or deprived of freedom by any other means in the consular district by the competent authorities of the receiving State, the said authorities shall, whether the national requests it or not, notify the consular post within four days, of the fact and reasons for which the national has been detained, arrested or deprived of freedom by any means. | | 一、遇有派遣国国民在领区内被接受国主管当局拘留、逮捕或以任何其他方式剥夺自由时，不论其本人是否请求，该当局应于四日内通知领馆有关该国民被拘留、逮捕或以任何其他方式剥夺自由的事实并说明原因。 |
| 2. A consular officer shall be entitled to visit a national of the sending State who is under detention, arrest or deprived of freedom by any other means, to converse or communicate with him in any language or dialect known to the said detained national relating to his condition and his case and to arrange legal assistance for him. The competent authorities of the receiving State shall make arrangements for the visit to the said national by a consular officer as soon as possible and, within three days of notification to the consular posts of his detention, arrest or deprivation of freedom. These visits may be made on a recurring basis at the request of the consular officer. Nevertheless, the consular officers shall refrain from taking action if the national who is under detention and arrest, or is deprived of freedom by any other means expressly objects to such action in writing. | | 二、领事官员有权探视被拘留、逮捕或以任何其他方式剥夺自由的派遣国国民，使用被拘禁国民熟悉的任何语言或方言就个人状况和案情与其交谈或通信，为其提供法律协助。接受国主管当局应于通知领馆该国民被拘留、逮捕或剥夺自由后三日内尽速安排领事官员探视。经领事官员请求，探视可多次进行。但如被拘留、逮捕或以任何其他方式剥夺自由的派遣国国民书面明确表示反对探视时，领事官员应停止采取行动 。 |
| 3. A consular officer shall be entitled to visit a national of the sending State who is serving a sentence. | | 三、领事官员有权探视正在服刑的派遣国国民。 |
| 4. Members of the family of the national of the sending State shall likewise be entitled to jail visit, subject to pertinent laws and regulations of the receiving State. | | 四、派遣国国民的家属同样有权在接受国法律规章允许的范围内探监。 |
| 5. The competent authorities of the receiving State shall inform the above-mentioned national of the sending State of the provisions under paragraphs 1, 2, 3 and 4 of this Article. | | 五、接受国主管当局应将本条第一、二、三、四款的规定通知上述派遣国国民。 |
| 6. A consular officer shall comply with the relevant laws and regulations of the receiving State in performing the functions provided for in this Article. Nevertheless, the application of the relevant laws and regulations of the receiving State shall not restrict the implementation of the rights provided for in this Article. | | 六、领事官员在执行本条职务时，应遵守接受国的有关法律规章。但接受国有关法律规章的适用不应限制本条规定的权利的实施。 |
| Article 14 Guardianship and Trusteeship | | 第十四条 监护和托管 |
| 1. The competent authorities of the receiving State shall notify the consular post when a guardian or trustee is required for a national, including a minor, of the sending State in the consular district who has no capacity or limited capacity to act on his own behalf. | | 一、领区内包括未成年人在内的无行为能力或限制行为能力的派遣国国民需要指定监护人或托管人时，接受国主管当局应通知领馆。 |
| 2. A consular officer shall be entitled to protect, to the extent permitted by the laws and regulations of the receiving State, the rights and interests of a national, including a minor, of the sending State who has no capacity or limited capacity to act on his own behalf, and when necessary, to recommend or designate a guardian or trustee to the person concerned and supervise the activities pertaining to guardianship or trusteeship. | | 二、领事官员有权在接受国法律规章允许的范围内保护包括未成年人在内的无行为能力或限制行为能力的派遣国国民的权利和利益，必要时可为他们推荐或指定监护人或托管人，并监督他们的监护或托管活动。 |
| Article 15 Assistance to Nationals of the Sending State | | 第十五条 协助派遣国国民 |
| 1. A consular officer shall be entitled to: | | 一、领事官员有权： |
| (a) communicate and meet with any national of the sending State in the consular district, and the receiving State shall neither restrict communication between nationals of the sending State and a consular post nor restrict their access to the consular post; | | （一）在领区内同派遣国国民联系和会见，接受国不应限制派遣国国民同领馆联系及进入领馆； |
| (b) ascertain conditions in life and work of a national of the sending State in the receiving State and provide him with all necessary assistance; | | （二）了解派遣国国民在接受国的居留和工作情况，并向他们提供一切必要的协助； |
| (c) request the competent authorities of the receiving State to ascertain the whereabouts of a national of the sending State, and the competent authorities of the receiving State shall do everything possible to provide the relevant information; | | （三）请求接受国主管当局查寻派遣国国民的下落，接受国主管当局应尽可能提供有关情况； |
| (d) receive and take into temporary custody money or valuables of a national of the sending State in accordance with the laws and regulations of the receiving State. | | （四）在不违反接受国法律规章的情况下，接受和临时保管派遣国国民的钱款和贵重物品。 |
| 2. In case a national of the sending State is not in the locality or for any other reason is unable in time to defend his own rights and interests, a consular officer may represent him before the court or other competent authorities of the receiving State or arrange for him an appropriate representative in accordance with the laws and regulations of the receiving State until he designates his own representative or is able to assume the defence of his own rights and interests. | | 二、遇有派遣国国民不在当地或由于其他原因不能及时保护自己的权利和利益时，领事官员可根据接受国法律规章在接受国法院或其他主管当局前代表该国民，或为其安排适当代理人，直至该国民指定了自己的代理人或本人能自行保护其权利和利益时为止。 |
| Article 16 Notification on Deaths | | 第十六条 死亡通知 |
| Upon learning of the death of a national of the sending State in the receiving State, the competent authorities of the receiving State shall inform the consular post as soon as possible, and provide upon the request of the consular post a death certificate or a copy of other document certifying the death. | | 接受国主管当局获悉派遣国国民在接受国死亡时，应尽快通知领馆，并应领馆请求提供死亡证书或其他证明死亡的文件副本。 |
| Article 17 Functions Concerning Estate | | 第十七条 有关处理遗产的职务 |
| 1. If a deceased national of the sending State has left an estate in the receiving State and there is no heir or testamentary executor in the receiving State, the competent authorities of the receiving State shall promptly inform the consular post. | | 一、如死亡的派遣国国民在接受国遗有财产，但在接受国无继承人或遗嘱执行人时，接受国主管当局应尽速通知领馆。 |
2. A consular officer shall be entitled to be present when an estate as referred to in paragraph 1 of this Article is being inventoried and sealed by the competent authorities of the receiving State.
．．．．．． | | 二、当接受国主管当局清点和封存本条第一款所述遗产时，领事官员有权到场。
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