维也纳外交关系公约-VIENNA-CONVENTION-ON-DIPLOMATIC-RELATIONS.doc

VIENNA CONVENTION ON DIPLOMATIC RELATIONS AND OPTIONAL PROTOCOLS
Vienna Convention on Diplomatic Relations. Done at Vienna, on 18 April 1961
维也纳外交关系公约
(1961年4月18日订于维也纳)
The States Parties to the present Convention,
本公约各当事国：
Recalling that peoples of all nations from ancient times have recognized the status of diplomatic agents,
鉴于各国人民自古即已确认外交代表之地位，
Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations,
察及联合国宪章之宗旨及原则中有各国主权平等、维持国际和平与安全、以及促进国际间友好关系等项
Believing that an international convention on diplomatic intercourse, privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems,
深信关于外交往来，特权及豁免之国际公约当能有助于各国间友好关系之发展--此项关系对于各国宪政及社会制度之差异，在所不问，
Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing St ates,
确认此等特权与豁免之目的不在于给与个人以利益而在于确保代表国家之使馆能有效执行职务。
Affirming that the rules of customary international law should continue to govern questions not expressly regulated by the provisions of the present Convention,
重申凡未经本公约明文规定之问题应继续适用国际习惯法之规例，
Have agreed as follows:
爰议定条款如下：
Article 1
For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:
就适用本公约而言，下列名称之意义，应依下列规定：
(a) The "head of the mission" is the person charged by the sending State with the duty of acting in that capacity;
称“使馆馆长”者，谓派遣国责成担任此项职位之人;
(b) The "members of the mission" are the head of the mission and the members of the staff of the mission;
称“使馆人员”者，谓使馆馆长及使馆职员；
(c) The "members of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;
称“使馆职员”者，谓使馆外交职员、行政及技术职员，及事务职员；
(d) The "members of the diplomatic staff" are the members of the staff of the mission having diplomatic rank;
称“外交职员”者，谓具有外交官级位之使馆职员；
(e) A "diplomatic agent" is the head of the mission or a member of the diplomatic staff of the mission;
称“外交代表”者，谓使馆馆长或使馆外交职员；
(f) The "members of the administrative and technical staff" are the members of the staff of the mission employed in the administrative and technical service of the mission;
称“行政及技术职员”者，谓承办使馆行政及技术事务之使馆职员；
(h) A "private servant" is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;
称“私人仆役”者，谓充使馆人员佣仆而非为派遣国雇用之人；
i) The "premises of the mission" are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.
称“使馆馆舍”者，谓供使馆使用及供使馆馆长寓邸之用之建筑物或建筑物之各部分，以及其所附属之土地，至所有权谁属，则在所不问。

Article 2

The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.
国与国间外交关系及常设使馆之建立，以协议为之。

Article 3
1. The functions of a diplomatic mission consist, inter alia, in:
除其他事项外，使馆之职务如下：
(a) Representing the sending State in the receiving State;
在接受国中代表派遣国；
(b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;
于国际法许可之限度内，在接受国中保护派遣国及其国民之利益；
(c) Negotiating with the Government of the receiving State;
与接受国政府办理交涉；
(d) Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State;
以一切合法手段调查接受国之状况及发展情形，向派遣国政府具报；
(e) Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations;
促进派遣国与接受国间之友好关系，及发展两国间之经济、文化与科学关系。
2. Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic mission.
本公约任何规定不得解释为禁止使馆执行领事职务。

Article 4
1. The sending State must make certain that the agreement of the receiving State has been given for the person it proposes to accredit as head of the mission to that State.
派遣国对于拟派驻接受国之使馆馆长人选务须查明其确已获得接受国之同意。
2. The receiving State is not obliged to give reasons to the sending State for a refusal of agreement.
接受国无须向派遣国说明不予同意之理由。

Article 5
1. The sending State may, after it has given due notification to the receiving States concerned, accredit a head of mission or assign any member of the diplomatic staff, as the case may be, to more than one State, unless there is express objection by any of the receiving States.
派遣国向有关接受国妥为通知后，得酌派任一使馆馆长或外交职员兼驻一个以上国家，但任何接受国明示反对者，不在此限。
2. If the sending State accredits a head of mission to one or more other States it may establish a diplomatic mission headed by a charg?d'affaires ad interim in each State where the head of mission has not his permanent seat.
派遣国委派使馆馆长兼驻另一国或数国者，得在该馆长不常川驻节之国内，设立以临时代办为馆长之使馆
3. A head of mission or any member of the diplomatic staff of the mission may act as representative of the sending State to any international organization.
使馆馆长或使馆任何外交职员得兼任派遣国驻国际组织之代表。

Article 6
Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State.
两个以上国家得合派同一人为驻另一国之使馆馆长，但接受国表示反对者不在此限。

Article 7
Subject to the provisions of articles 5, 8, 9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attaches, the receiving State may require their names to be submitted beforehand, for its approval.
除第五条、第八条、第九条及第十一条另有规定外，派遣国得自由委派使馆职员。关于陆、海、空军武官，接受国得要求先行提名，征求该国同意。

Article 8
1. Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State.
使馆外交职员原则上应属派遣国国籍。
2. Members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the receiving State, except with the consent of that State which may be withdrawn at any time.
委派属接受国国籍之人为使馆外交职员，非经接受国同意，不得为之；此项同意得随时撤销之。
3. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.
接受国对于第三国国民之亦非为派遣国国民者，得保留同样之权利。

Article 9
1. The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.
接受国得随时不具解释通知派遣国宣告使馆馆长或使馆任何外交职员为不受欢迎人员或使馆任何其他职员为不能接受。遇此情形，派遣国应斟酌情况召回该员或终止其在使馆中之职务。任何人员得于其到达接受国国境前，被宣告为不受欢迎或不能接受。
2. If the sending State refuses or fails within a reasonable period to carry out its obligations under paragraph 1 of this article, the receiving State may refuse to recognize the person concerned as a member of the mission.
如派遣国拒绝或不在相当期间内履行其依本条第一项规定所负义务，接受国得拒绝承认该员为使馆人员。

Article 10
1. The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of:
下列事项应通知接受国外交部或另经商定之其他部：
(a) The appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission;
使馆人员之委派，其到达及最后离境或其在使馆中职务之终止；
(b) The arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission;
使馆人员家属到达及最后离境；遇有任何人成为或不复为使馆人员家属时，亦宜酌量通知
(c) The arrival and final departure of private servants in the employ of persons referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons;
本项(a)款所称人员雇用之私人仆役到达及最后离境；遇有私人仆役不复受此等人员雇用时，亦宜酌量通知；
(d) The engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.
雇用居留接受国之人为使馆人员或为得享特权与豁免之私人仆役时，其雇用与解雇。
2. Where possible, prior notification of arrival and final departure shall also be given.
到达及最后离境，于可能范围内，亦应事先通知。

Article 11
1. In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission.
关于使馆之构成人数如另无协议，接受国得酌量本国环境与情况及特定使馆之需要，要求使馆构成人数不超过该国认为合理及正常之限度。
2. The receiving State may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.
接受国亦得在同样范围内并在无差别待遇之基础上，拒绝接受某一类之官员。
Article 12
The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.
派遣国非经接受国事先明示同意，不得在使馆本身所在地以外之地点设立办事处，作为使馆之一部分。

Article 13
1. The head of the mission is considered as having taken up his functions in the receiving State either when he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner.
使馆馆长依照接受应予划一适用之通行惯例。在呈递国书后或在向接受国外交部或另经商定之其他部通知到达并将所奉国书正式副本送交后，即视为已在接受国内开始执行职务。
2. The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission.
呈递国书或递送国书正式副本之次第依使馆馆长到达之日期及时间先后定之。

Article 14
1. Heads of mission are divided into three classes - namely:
使馆馆长分为如下三级：
(a) That of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank;
向国家元首派遣之大使或教廷大使，及其他同等级位之使馆馆长；
(b) That of envoys, ministers and internuncios accredited to Heads of State:
向国家元首派遣之使节、公使及教廷公使；
(c) That of charges d' affaires accredited to Ministers for Foreign Affairs.
向外交部长派遣之代办。
2. Except as concerns precedence and etiquette, there shall be no differentiation between heads of mission by reason of their class.
除关于优先地位及礼仪之事项外，各使馆馆长不应因其所属等级而有任何差别。

Article 15
The class to which the heads of their missions are to be assigned shall be agreed between States.
使馆馆长所属之等级应由关系国家商定之。

Article 16
1. Heads of mission shall take precedence in their respective classes in the order of the date and time of taking up their functions in accordance with article 13.
使馆馆长在其各别等级中之优先地位应按照其依第十三条规定开始执行职务之日期及时间先后定之。
2. Alterations in the credentials of a head of mission not involving any change of class shall not affect his precedence.
使馆馆长之国书如有变更而对其所属等级并无更动时，其优先地位不受影响。
3. This article is without prejudice to any practice accepted by the receiving State regarding the precedence of the representative of the Holy See.
本条规定不妨碍接受国所采行关于教廷代表优先地位之任何办法。
Article 17
The precedence of the members of the diplomatic staff of the mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.
使馆外交职员之优先顺序应由使馆馆长通知外交部或另经商定之其他部。

Article 18
The procedure to be observed in each State for the reception of heads of mission shall be uniform in respect of each class.
各国接待使馆馆长，对于同一等级之馆长应适用划一程序。

Article 19
1. If the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions a charg?d'affaires ad interim shall act provisionally as head of the mission. The name of the charg?d'affaires ad interim shall be notified, either by the head of the mission or in case he is unable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.
使馆馆长缺位或不能执行职务时，应由临时代办暂代使馆馆长。临时代办姓名应由使馆馆长通知接受国外交部或另经商定之其他部；如馆长不能通知时，则由派遣国外交部通知之。
2. In cases where no member of the diplomatic staff of the mission is present in the receiving State, a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission.
使馆如在接受国内并无外交职员时，派遣国得于征得接受国同意后，指派行政或技术职员一人，主持使馆日常行政事务。

Article 20
The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.
使馆及其馆长有权在使馆馆舍，及在使馆馆长寓邸与交通工具上使用派遣国之国旗或国徽。

Article 21
1. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.
接受国应便利派遣国依照接受国法律在其境内置备派遣国使馆所需之馆舍，或协助派遣国以其他方法获得房舍。
2. It shall also, where necessary, assist missions in obtaining suitable accommodation for their members.
接受国遇必要时，并应协助使馆为其人员获得适当之房舍。

Article 22
1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
使馆馆舍不得侵犯。接受国官吏非经使馆馆长许可，不得进入使馆馆舍。
2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
接受国负有特殊责任，采取一切适当步骤保护使馆馆舍免受侵入或损害，并防止一切扰乱使馆安宁或有损使馆尊严之情事。
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
使馆馆舍及设备，以及馆舍内其他财产与使馆交通工具免受搜查、征用、扣押或强制执行。

Article 23
1. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.
派遣国及使馆馆长对于使馆所有或租赁之馆舍，概免缴纳国家、区域或地方性捐税，但其为对供给特定服务应纳之费者不在此列。
2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission.
本条所称之免税，对于与派遣国或使馆馆长订立承办契约者依接受国法律应纳之捐税不适用之。
Article 24
The archives and documents of the mission shall be inviolable at any time and wherever they may be.
使馆档案及文件无论何时，亦不论位于何处，均属不得侵犯。

Article 25
The receiving State