Decree of the Minister for Foreign Affairs No. 69 / 1961 Coll.
Decree of the Minister for Foreign Affairs on the Consular Treaty between the Czechoslovak Socialist Republic and the People's Republic of China
Valid
Effective from 08.06.1961
69
DECLARATION
Minister for Foreign Affairs
of 21 June 1961
on the Consular Treaty between the Czechoslovak Socialist Republic and the People's Republic of China
On 7 May 1960 a Consular Treaty was negotiated in Prague between the Czechoslovak Republic and the People's Republic of China.
The Treaty was approved by the National Assembly on 17 November 1960 and ratified by the President of the Republic on 21 April 1961. The instruments of ratification were exchanged in Beijing on 8 June 1961.
Pursuant to Article 21 of the Treaty, the Treaty entered into force on 8 June 1961.
The Czech version of the Treaty is hereby published at the same time.
V. Dr Gregor v. r.
CONSULTING TREATY
between
The Czech Republic and the People's Republic of China
The President of the Czechoslovak Republic and the President of the People's Republic of China have decided, on the basis of the principles of proletarian internationalism and led by an attempt to further expand, in accordance with the wishes and interests of the people of both countries, friendly relations and universal cooperation, to conclude this Treaty and to appoint their agents
President of the Czech Republic
Václav David,
Minister for Foreign Affairs,
President of the People's Republic of China
Cao Jin,
the extraordinary and authorised ambassador of the People's Republic of China to the Czechoslovak Republic.
After the exchange of their full powers, which have been found to be in good order and in prescribed form, the representatives of both Parties have agreed:
I. Establishment of consulates, broadcasting and reception of consulates
1. Each Contracting Party may establish, in the territory of the other Contracting Party, general consulates and consulates (hereinafter referred to as "consulates') and may broadcast general consuls and consuls (hereinafter referred to as" consuls').
2. The seats of the consuls and consular districts shall be determined by agreement between the Parties.
1. The State sending the Head of the Consulate shall, before his appointment, request the State receiving his consent.
2. The diplomatic representative office of the sending State shall transmit the consultative patent to the Head of the Consulate to the Ministry of Foreign Affairs of the receiving State. The consultative patent shall indicate the seat of the consul and the consular district as determined by the agreement of both Parties.
3. The Head of the Consulate shall take up his duties after the granting of exequatur by the beneficiary State.
1. In the case of temporary absence or any other obstacle preventing the Head of the Consulate from carrying out his or her activities, on his or her removal or death, the sending State may authorise the diplomatic staff of the representative office of his or her country or the responsible officer handling the consular affairs of that or other consulate to perform the duties of Head of Consulate temporarily. The name and original functions of this worker shall be notified in advance to the Ministry of Foreign Affairs of the beneficiary State.
2. The staff authorised to perform the duties of Head of the Consulate on a temporary basis shall enjoy all the rights, privileges and privileges reserved by this Treaty to the Head of the Consulate.
II. Rights, privileges and benefits of the Consul
1. The competent authorities of the beneficiary State shall ensure that the activities of consul and consular staff are carried out successfully and shall provide them with the necessary assistance in their activities.
2. Consuls shall enjoy the relevant privileges and benefits under this Treaty and provided for by the law of the recipient State.
Consuls shall not be subject to the jurisdiction of the courts of the beneficiary State in their professional activities.
In matters which do not concern their activities, the consuls shall appear as witnesses in the courts of the recipient State. If the consuls cannot appear for various reasons, they may give testimony at their consulate or at their apartment, or they may send a written statement.
1. Consular offices are untouchable. The authorities of the beneficiary State may not apply any enforcement measures in the consulate's office.
2. The archives of the official files of consulates shall be inviolable. Private documents cannot be stored in the archives of the consulate's official files.
3. Documents and telegrams sent and received by consumers in connection with their activities shall be untouchable and shall not be subject to control.
4. The head of the consulate may use cipher.
Consuls shall have the right to post the emblem of the sending State on the buildings of the consulate and a sign bearing the designation of the consulate. The national flag of the sending State may be raised on the buildings of the consulate and on the wagon of the consulate head.
1. Consul and consular staff, where they are citizens of the sending State, as well as their spouses and minors, shall be exempt from personal and in-kind transactions and direct taxes.
2. The real estate of the sending State for the location of consulates or for the housing of consuls and consular staff shall be exempt from taxes and benefits in kind.
For the purposes of this Agreement, the following definitions shall apply:
III. Powers of the Consul
1. Consuls have the right to defend the interests and rights of the sending State, its citizens and legal persons in their consular district.
2. Consuls may contact the competent authorities in the consular district and ask for their assistance in their activities.
1. Consuls shall have the right to keep records of citizens of the sending State who are permanently or temporarily present in their consular district. The provisions of the Contracting Parties on registration of foreign nationals shall remain unaffected.
2. Consuls may issue passports to citizens of the sending State. They may issue visas to enter, transit or exit the sending State.
The consulates shall have the right to act at the consulates, in their own flat or in the flat of the citizens of the sending State, as well as on a ship or on an aircraft bearing the flag of the sending State or its sovereign designation, as follows:
1. to write, verify and hide wills and documents on unilateral legal acts of citizens of the sending State;
2. to receive, write down or verify written declarations from citizens of the sending State;
3. to draw up or verify acts of law between the citizens of the sending State or between the citizens of the sending State and between the citizens of the receiving State, where such acts relate exclusively to interests in the territory of the sending State or to matters which must be carried out in the territory of the sending State and where the contents of such instruments do not conflict with the legislation of one of the Contracting Parties;
4. verify the signatures of the citizens of the sending State on all kinds of documents, verify copies, translations and extracts of documents originating from the authorities, official persons or private persons of the sending or receiving State; verify the signatures and stamps of the authorities or official persons of the sending or receiving State on sheets of all kinds;
5. to receive money and valuable objects from citizens of the sending State for safekeeping; However, the legislation of the beneficiary State may not be infringed;
6. other acts to which the consular authorities of the sending State are responsible, provided that such acts do not infringe the relevant legislation of the receiving State.
The written or certified documents referred to in Article 13, or translations thereof, need not in principle be certified by the competent authority of the beneficiary State for use in the beneficiary State, except for those documents which, under the legislation of the beneficiary State, require verification by the competent authorities of the beneficiary State.
In front of the consuls, marriage may be concluded under the laws of the sending State if both persons are citizens of the sending State. Consuls may certify the birth or death of citizens of the sending State. However, the above provisions do not invalidate the obligation to comply directly and indirectly with the relevant legal measure of the beneficiary State.
Consuls shall have the right, by virtue of the authority given to them by the sending State, to appoint a guardian and guardian to the citizens of the sending State. In such cases, the consuls may exercise custody and custody.
Consuls may assist ships of the sending State, enter into contact with the crew of the ship and passengers, issue, validate and review the ship's charter, draw up a cargo log, the purpose of the journey and the incidents, settle disputes between command and crew.
If there is an accident or a shipwreck in the consular district of the sending State, the competent authorities of the receiving State shall notify this consultation, inform them of the measures already taken and provide them with the necessary assistance in taking the measures they are taking in connection with the ship's accident.
1. Consuls may provide assistance to aircraft of the sending State. Consuls may contact the competent authorities of the beneficiary State and provide assistance to crew members and passengers.
2. During the accident or accident of an aircraft of a sending State in the consular district, the Consul may take or require measures to provide assistance or rescue crew and passengers, to protect baggage, goods, mail and repair of the aircraft.
IV. Final provisions
The provisions of this Treaty on the Rights and Obligations of Consumers will be applied equally to diplomatic staff of representative offices in charge of carrying out the consultative function. This is without prejudice to the diplomatic privileges and benefits of these workers.
This Treaty will be ratified and will become effective on the date of the replacement of the instruments of ratification to be implemented in Beijing.
This Treaty is concluded for a period of five years. It will remain in force for another five years if one of the Contracting Parties does not present its wish to terminate the Treaty six months before the expiry of the current period.
Written in Prague on 7 May 1960 in two copies, each in the Czech and Chinese languages, the two texts being equally authentic.
From the power of attorney
President of the Czech Republic:
David v. r.
From the power of attorney
President of the People's Republic of China:
Cao Jin v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 69 / 1961 Coll., on the Consular Agreement between the Czechoslovak Socialist Republic and the People's Republic of China |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.07.1961 |
|---|---|
| Effective from | 08.06.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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