(3) With respect to the negotiations and signing of agreements in the name of a government department of the People's Republic of China concerning matters within the functional competence of the department concerned, the decision shall be made by the department or in consultation with the Ministry of Foreign Affairs. In the cases of an agreement involving matters of major importance or matters falling within the functional competence of other departments under the State Council, the department concerned or in consultation with the other departments concerned the State Council, shall submit it to the State Council for decision. The draft agreement of the Chinese side shall be examined and decided upon by the department concerned or in consultation with the Ministry of Foreign Affairs when necessary.

经国务院审核决定的条约、协定的中方草案，经谈判需要作重要改动的，重新报请国务院审核决定。

In case that the Chinese draft of a treaty or agreement already examined and decided upon by the State Council shall have to undergo major modifications as a result of negotiation, the revised draft shall be re-submitted to the State Council for examination and decision.

第六条 谈判和签署条约、协定的代表按照下列程序委派：

Article 6. For the purpose of negotiating and signing treaties or agreements, representatives shall be appointed according to the following procedures:

（一）以中华人民共和国名义或者中华人民共和国政府名义缔结条约、协定，由外交部或者国务院有关部门报请国务院委派代表。代表的全权证书由国务院总理签署，也可以由外交部长签署；

(1) With respect to the conclusion of a treaty or agreement in the name of the People's Republic of China or the government of the People's Republic of China, a representative shall be appointed by the State Council upon recommendation by the Ministry of Foreign Affairs or the department concerned under the State Council. 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.

（二）以中华人民共和国政府部门名义缔结协定，由部门首长委派代表。代表的授权证书由部门首长签署。部门首长签署以本部门名义缔结的协定，各方约定出具全权证书的，全权证书由国务院总理签署，也可以由外交部长签署。

(2) With respect to the conclusion of an agreement in the name of a government 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. When the contracting parties agree that it is necessary for the head of the department to produce full powers for singing an agreement concluded in the name of the department, the full powers shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs.

下列人员谈判、签署条约、协定，无须出具全权证书：

The following persons shall dispense with full powers for negotiating and signing treaties and agreements:

（一）国务院总理、外交部长；

(1) The Premier of the State council and the Minister of Foreign Affairs;

（二）谈判、签署与驻在国缔结条约、协定的中华人民共和国驻该国使馆馆长，但是各方另有约定的除外；

(2) The heads of the diplomatic missions of the People's Republic of China who negotiate and sign treaties or agreements concluded between China and the States to which they are accredited, unless it is otherwise agreed by the contracting parties;

（三）谈判、签署以本部门名义缔结协定的中华人民共和国政府部门首长，但是各方另有约定的除外；

(3) The heads of the government departments of the People's Republic of China who negotiate and sign the agreements concluded in the name of their departments, unless it is otherwise agreed by the contracting parties;

（四）中华人民共和国派往国际会议或者派驻国际组织，并在该会议或者该组织内参加条约、协定谈判的代表，但是该会议另有约定或者该组织章程另有规定的除外。

(4) The representatives accredited by the People's Republic of China to an international conference or international organization for the purpose of 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 that organization.

第七条 条约和重要协定的批准由全国人民代表大会常务委员会决定。

Article 7. The ratification of treaties and important agreements shall be decided upon by the Standing Committee of the National People's Congress.

前款规定的条约和重要协定是指：

The treaties and important agreements referred to in the preceding paragraph are as follows:

（一）友好合作条约、和平条约等政治性条约；

(1) Treaties of friendship and cooperation, treaties of peace and other treaties of a political nature;

（二）有关领土和划定边界的条约、协定；

(2) Treaties and agreements concerning territory and delimitation of boundary lines;

（三）有关司法协助、引渡的条约、协定；

(3) Tr

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