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

中英文对照

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) 本公约各当事国： diplomatic agents,

鉴于各国人民自古即已确认外交代表之地位， 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 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， 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。 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，

爰议定条款如下：

中英文对照

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。

中英文对照

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。

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。

中英文对照

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 接受国无须向派遣国说明不予同意之理由。

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。

Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State.

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