Dear compatriots:
As a Chinese citizen, when you travel abroad, work, study or live encounter difficulties, when you are the legitimate rights and interests are infringed upon, you must want the Chinese government’s concern and help. In order to effectively help you solve problems, The People’s Republic of China Ministry of Foreign Affairs has prepared a “Chinese Foreign Consular Protection and Services Guide”, which will help you understand the Chinese embassies, consulates and consular protection services.
1, Chinese citizens to seek consular protection and services, frequently asked questions
1 What is consular protection and consular services?
Consular protection means that when its own citizens, legal persons of the legitimate rights and interests are violated in the receiving country, the Chinese embassies, consulates, including international conventions based on the principles of international law, bilateral treaties or agreements, as well as China and host countries of the relevant laws, through diplomatic channels, to reflect the requirements of the relevant authorities to urge host countries a fair, legitimate, friendly, and properly handled.
Consular Services refers to the Chinese embassies, consulates in accordance with national laws and regulations as in the receiving country’s own citizens in relation to the international travel documents, notarization, authentication, etc. services.
2, holding Chinese passports when traveling abroad, is now the country of residence to obtain citizenship, is also entitled to make the local Chinese Embassy, Consulate consular protection?
According to “The People’s Republic of China Nationality Law” stipulates that China does not recognize dual nationality. A Chinese citizen who has settled abroad, who voluntarily join or acquire a foreign nationality, that is automatically lose Chinese nationality, and thus no longer enjoys the Chinese embassies, consulates to provide consular protection.
3, in the overseas Chinese passport lost, stolen or robbed, after how to do?
Please ie country reported missing to local police departments, if necessary, should the host country to apply for exit visas. We draw your attention to: the sale, transfer, forged, and deliberately damaged passports is illegal in China, will likely bear the legal responsibilities.
4, when a valid entry visa in the destination country, exit or transit is blocked, how to seek help?
You first should be the country’s authorities truthfully explain the entry and exit or transit of the subject matter, and we understand the reasons for delay. If your request is still denied permission from the relevant departments can also request to the Chinese Embassy in the country to use it, contact the Consulate for assistance. Consular officers will understand the situation and the relevant authorities as appropriate, to reflect the requirements of the claimant, or make the necessary representations, but can not guarantee that you will be released. If negotiations fail, you should accept the decision of local authorities; if indeed the unfair treatment by the other party, should pay attention to collecting and preserving evidence, so that you can use in the future or through the complaint process of the law.
5, as in the outside of traffic, injury and other accidents, how to deal with?
If you encounter outside traffic or industrial accidents, should be reported immediately to the local police or notify the employer, and requested to inform your friends and family or the Chinese Embassy in the country to make consular mission. You may request consular officials urged the host country authorities to punish the perpetrators, or to help you through legal channels or to the insurance company (if you are already covered by insurance) for damages.
6, such as the death of family members abroad, how to deal with?
(1) You can by consular officers or their relatives and friends understand the causes of death in the family and belongings (Wills), and to obtain a death certificate from the local authorities and other documents.
(2) If the death involved in criminal cases and has filed suit on the ground, you should employ a lawyer, closely following the court case at the same time concerned about the cases of consular officers could be invited to sit in court. If you are dissatisfied with the outcome court cases or judgments, you may request the assistance of counsel appeal, but also local authorities, through consular officials to convey your comments.
(3) You may be required to deal with the aftermath of local matters, but all costs (including international travel, lodging and transportation expenses) shall take care of themselves, a visa to visit the countries concerned should be handled.
(4) If you can not go to a local processing funeral, friends and relatives can be entrusted to the local agent cremation, the ashes and relics back and so on. Such as the law allows local law can also be commissioned consular officers handle their funeral, but you should be provided in advance by the domestic notary public notary’s written authorization.
7, such as family members missing or kidnapped abroad, how to help?
Notified as soon as possible so that the local Chinese Embassy or consular mission of the situation, including missing or abducted persons name, gender, age, occupation, facial features and in foreign countries such as residential addresses. According to your request, consular officers will request the relevant authorities in host countries to find missing persons or to rescue the abductees.
8, such as unfair treatment by their employers and the country of residence or wages owed by employers for no reason, how to deal with?
If you are sent by domestic units, first of all should report the situation to send units from the unit show up to negotiate settlement; the case of individuals employed, should be based on the contract, and local laws and regulations relating to negotiated settlement with the employer. If not resolved, may apply to the local court proceedings. You can also request for your legal consular officers to provide appropriate assistance.
9, in the country of residence during their stay in detention or imprisonment of discrimination and unfair treatment, or punishment, punishment too heavy, the parties have what rights?
You have the right to request to meet China, consulate consular officials, reflect the situation to him and made a request to negotiate.
10, such as property theft, robbery or another seizure, how to seek help?
You should report immediately to the local police, ask the police to apprehend criminals. If necessary, can also be notified of the situation in the country to the Chinese Embassy, Consulate for assistance.
11, how to inheritance from abroad?
(1) “People’s Republic of Succession,” provides that Chinese citizens outside China inherited the heritage of movable property apply to be heir to the law of domicile, and real estate apply to real estate law of the location. You should first understand the heritage of the country’s relevant laws and regulations. Consular officials can provide you with general legal advice; If you want to get comprehensive and detailed legal information, should be the local lawyers, consular officials can assist in recommending a local lawyer.
(2) You can personally handle the relevant formalities heritage sites on their own, or hire lawyers, relatives and friends on behalf of processing.
(3) The inheritance and procedures before, you should be settled in the country upon request, the relevant notarial documents, such as: heir birth certificate, kinship certificate, marriage certificates, adoption certificates, as well as power of attorney and other relationships. Operated by the use of a variety of notarized documents are required to attach a country to accept foreign language translation, and in handling the Chinese Ministry of Foreign Affairs or the Department of State authorized by the relevant provinces (municipalities and autonomous regions) The Government Foreign Affairs Office of the certification and the relevant countries in China to make and receive Museum certification, the above information to the client. According to the law, the Chinese embassies, consulates in China can not be directly certificate issued by a notary public certificate.
(4) to acquire heritage, you typically trustees or lawyers should pay a certain fee.
12, illegal entry or stay another country without valid documents, and no source of income, we must return to the procedures how to handle?
You should make the Chinese Embassy in the country, the Consulate truthfully report on their own real, detailed information, including name, date of birth, place of birth, occupation, home address, telephone number, illegal exit or stay over and so on. When you have the original place of residence to verify the public security organs to confirm your identity and your family has been to advance the cost of your return, consular officers may issue for your return travel documents.
13, such as the host country’s political turmoil, military conflicts or serious natural disasters and other emergency situations, how should seek consular protection and self-protection?
(1) You should immediately contact the nearest Chinese Embassy in the country to use it, contact the consulate to conduct registration and obtain the latest relevant information.
(2) You should keep up their important documents and records, including passports, exit records, insurance and bank records, etc., and placed in safe and reliable place.
(3) You should check the passport, visa is valid, need to update your passport Please to make, a consular processing.
(4) You should be stored at home or carry essential information pairs of backup, just in case. At the same time to ensure vehicle safety and driving normally, and reserves the necessary food and medicine.
Second, the Chinese embassies, consulates can provide consular protection and services
When your legal rights and interests have been violated in the host country, when you are with others, there is an economic, labor and other civil disputes, or involvement in criminal cases and has been through legal means to safeguard their own interests, you may apply to the Chinese embassies, consulates to reflect of the situation, the request to use it, to provide the necessary consular assistance.
The assistance includes to provide you with preliminary legal advice to you on how to conduct legal proceedings on the ground to be a general guide; should you request, to recommend a local lawyer and an interpreter to help you with litigation;, as appropriate, to attend court.
If you are detained, arrested, or when you are serving sentences so that a consular post may, depending on your requirements, you are to visit him.
If you have an accident, so that consular mission will be informed of the accident or injury to your relatives or family members you can also through mediation or legal means of fighting for compensation to provide the necessary assistance.
Occurs when the host countries and other major natural disasters such as earthquakes, when the host countries of political unrest, war or unexpected events such as an emergency situation, so that consular mission will be necessary to help you evacuate dangerous areas.
The assistance includes completing necessary for your travel documents; as possible for you to arrange evacuation transport.
When you encounter the difficulty of living when problems arise, so that consular mission at your own request, with your family contact in order to timely resolution of the cost.
If you are missing friends and relatives abroad, or a long time without audio, you can to the Chinese embassies, consulates reflect the situation, the request to use it, consulates to help you tracing. You have to make, consulates provide the details of those seeking information (including name, age and other identity information, the appearance characteristics and work abroad, study, live or clues during their stay), to facilitate the search.
So that, according to The People’s Republic of China Consulate in the relevant laws and regulations of the Chinese citizens lawfully residing abroad, issuing, renewal, replacement, extension of travel documents and travel documents processing of personal data Dengxiang endorsement right to any other body The business agent.
So, consulates under the relevant laws and regulations of the People’s Republic of China citizens apply for notarization, authentication, with the host country laws and regulations not inconsistent with the case of marriages between Chinese citizens who apply for registration, but can not be directly certified notary public in China issued certificate.
Third, the Chinese embassies, consulates do not provide consular protection and services
1, can not you host country visa and the local residence permit.
2, can not you get a job or a bid for a local work permit.
3, does not interfere with court proceedings, can not exceed the host country laws and regulations shield your offense.
4, can not be arbitration between you and other people’s economic, labor and other civil disputes, can not be issued by the nature of any correspondence with the arbitration.
5, can not be for you to come forward with others to solve your economic, labor and other civil disputes.
6, can not help you in the treatment, detention or imprisonment acquired during the treatment better than the locals.
7, can not pay for your hotel, lawyers, medical and travel (plane / boat / tickets) costs or any other expenses.
8, can not you live in the diplomatic or consular institutions or for you to keep belongings.
9, can not you buy duty-free goods.
4, a correct understanding of consular protection
1, when you request consular protection which should bear the obligation?
When you request to make, a consular post implementation of the consular protection, the information provided by you must be true. Consular officers a false statement will help you maintain the legitimate rights and interests of your present difficulties, but will also cause you to bear the corresponding legal responsibility.
2, citizens on consular protection should eliminate some erroneous understanding.
Misunderstanding 1: Chinese embassies, consulates are Chinese citizens for granted sanctuary.
Some people think that the Chinese people in the receiving end of criminal and other cases, you can go to the Chinese embassies, consulates to seek asylum. This understanding is not correct. So that consular mission for their own nationals or third country nationals have no right to asylum. Chinese citizens in trouble abroad may request the Chinese embassies, consulates to provide assistance, but not hide so that consular mission “refuge.” This would not only help solve the problem, but also complicate matters even give rise to diplomatic dispute.
So that their citizens can go to their own consular mission to seek help, but not vexatious, disrupted so that, consulates normal order, and even siege so, embassies, consulates, consular officials, intimidation, these acts have violated domestic and international laws, the circumstances are serious will be subject to relevant laws and sanctions. China’s “Regulations on Administrative Penalties of law and order” under Article XIX, disrupt agencies, organizations, enterprises and institutions of order, resulting in work can not be normal, “at 15, the following detention, a fine of 200 yuan, or warning.” “Vienna Convention on Diplomatic Relations” and the “Vienna Convention on Consular Relations,” also stipulates that, so that, consular and diplomatic premises, personal inviolability of consular officers, the receiving country has a special responsibility to protect to use it, the consular premises against any intrusion or damage, and to prevent any disturbance to a consular post or impairment of the peace to make, consular dignity.
Misunderstanding 2: consular protection is a panacea.
Make and consular consular protection is limited by many conditions and factors: first, to use it, and consulates in the receiving country without executive powers, but also non-judicial power can not use coercive means. Make, consular protection of their nationals, whether to visit or representations, in fact is based on the norms of international law, international conventions and other law enforcement agencies to urge the recipient countries act in accordance with the fair and equitable treatment; Secondly, the consular protection is concerned with international law, the receiving and sending countries law, the situation is very complicated, so that consular mission to provide consular protection of Chinese citizens, we must not go beyond the competence of its implementation of the consular duties.
Misunderstanding 3: Make and consular consular protection does not achieve its desired results, you can prosecute the consular officer.
Embassies, consulates implementation of the consular protection of the diplomatic representations of diplomatic acts, both likely to be successful, it may not succeed. Citizens can not sue because of unsuccessful diplomatic representations to the diplomatic act, which is the universal legal requirements. China’s “Administrative Procedure Law” Article 12 provides that the court will not be considered citizens, legal persons or other organizations to “national defense and foreign acts of state” to bring proceedings. “Administrative Reconsideration Law” does not apply to foreign conduct.
5, to help yourself
To prepare before going abroad, including the bid for passports, visas, buying machines (car, boat) tickets, for all kinds of necessary insurance, understanding the country of destination customs, weather conditions, law and order situation, laws and regulations, and I in the country so that , a consular address and contact telephone number, if the destination country and I no diplomatic relations, countries and regions, should know my address and the host museum’s contact phone number. You may apply to the residence where provincial and municipal foreign affairs office, the public security department or the destination country embassies and consulates in consultation with the situation in the country, you can also sign Department of State Web site to find relevant information (website: www.mfa.gov.cn/ ).
Forbidden to carry drugs, the international embargo goods, protected plant and animal products such as immigration. Such as carrying large amount of cash, you must declare to the customs according to regulations. Is not appropriate for a stranger to carry luggage or goods.
After the arrival of the destination country, such as your non-temporary visitors, they should make a timely manner to the local Chinese Embassy, consulates to handle the registration formalities in order in case of accidents, the Chinese ambassador to the local consular mission in time with you and family members to obtain contact.
Understanding of host countries fire, police, first aid and other emergency telephone in order to the authorities in case of emergency assistance.
Note that keeping passports, important documents, money and goods and valuables, etc., they could be best placed with other luggage were shelved in order to avoid stolen, robbed or missing. Your passport, visa, ID card copy backup, and copy of passport along with a few photos and documents, carried separately from the original in order to prepare an urgent need.
The necessary pre-vaccination, carry proof of vaccination (yellow version).
At present, some countries have stepped up at the airport carrying drugs on travelers checks. If you need to bring personal travel agents, care should be adequate, and Prepare all the necessary instructions in English (including pharmaceutical ingredient), a doctor’s prescription, and consumers in the invoice in order to avoid unnecessary troubles encountered.
Comply with local laws and regulations, respect local customs and habits.
Strictly abide by traffic rules, pay attention to traffic safety.
Note that anti-theft, anti-cheating, anti-fraud, snatches, anti-play. The need to behave in public calm, do not speak loudly, do not stand out; carry out small with video cameras, tape recorders and so on, in particular, to go out at night to avoid being robbed; Do not carry large amounts of cash, and do not store large amounts of cash in the place of residence; not to participate in buses on the streets and other people’s quarrels; your car do not put valuables in the Ming Chu, such as the tires are rolling, I got Make sure that you lock the doors when the vehicle; not a taxi in the dark; at home and not to strangers open the door, do not let their kids at home, parents do not tell strangers; Do not let strangers take your car, do not walk with strangers; in the street, onto the police deal with things that have to pay to avoid being extortion, framed; not on the black market swap; documents, wallet, passport to sub-open, do not put vulnerable to a sharp weapon to slash open the plastic bag; recommends the installation of security doors, alarm; such as police checks your passport and other documents, you may call upon him to produce documents, a note of warning to his grades, police numbers; Do not pay a fine of streets to the police, but to rely on a fine one-handed banks and other designated locations.
Notes
Embassies, consulates according to the regulations for some consular services charge fees, and shown with the state treasury.
This guide from The People’s Republic of China Ministry of Foreign Affairs responsible for the interpretation.