What does consular protection mean and how to request consular protection?

Everyone abroad must know a thing or two about consular protection, whether traveling abroad, studying abroad, or working. When we have some urgent matters abroad, consular protection plays a vital role. function.

So, next, let’s understand what consular protection is, how to request consular protection, and some questions about consular protection!

1. What is consular protection? Protection? What is the difference between it and consular assistance and consular services?

(1) Consular protection refers to the work of the Chinese government and Chinese diplomatic and consular agencies abroad to safeguard the safety and legitimate rights and interests of Chinese citizens and institutions overseas.

The main body of consular protection is the Chinese government and its embassies and consulates stationed abroad. China currently has more than 260 embassies and consulates abroad, and they are all responsible for implementing consular protection.

The main method of consular protection is to make representations to the authorities of the host country through diplomatic channels, express concerns or convey the claims of the parties, and urge them to deal with them in a legal, fair, timely and appropriate manner.

The legal basis for consular protection mainly includes recognized principles of international law, relevant international conventions, bilateral treaties or agreements, and relevant laws and regulations of China and the host country.

The content of consular protection is the legitimate rights and interests of Chinese citizens and legal persons overseas, which mainly include: personal safety, property safety, necessary humanitarian treatment, and the right to maintain normal contact with our country’s local embassy and consulates. wait.

Citizens’ requests for treatment beyond the national level of the host country or legal consequences caused by engaging in illegal activities do not fall within the scope of consular protection of legitimate rights and interests.

(2) In practice, consular protection is generally aimed at situations where the safety and legitimate rights and interests of overseas Chinese citizens are seriously threatened or infringed upon, such as political turmoil, natural disasters, major accidents, etc. in the host country that endanger overseas Chinese. The safety and legitimate rights and interests of citizens;

Consular assistance is generally aimed at situations where Chinese citizens are in trouble due to objective reasons or their own reasons, such as temporary economic difficulties caused by overseas Chinese citizens losing property due to negligence;

Consular services generally refer to document processing, civil registration and other services provided to overseas Chinese citizens, such as replacement/reissue of travel documents, notarization/certification, marriage registration, etc.

2. Who can obtain consular protection from the Chinese government?

Anyone who has Chinese nationality in accordance with the Nationality Law of the People’s Republic of China can apply for consular protection from the Chinese government consular protection.

That is to say, as long as you are a Chinese citizen, whether you are a mainland resident, a compatriot in Hong Kong, Macao and Taiwan, whether you are an overseas Chinese who has settled abroad, or a traveler who goes abroad temporarily, whether you are studying abroad International students and migrant workers are all subjects of consular protection.

3. If I hold a Chinese passport when traveling abroad and have obtained the nationality of the country of residence, can I still enjoy the consular protection of the Chinese embassy or consulate in the local country?

According to the "People's Republic of China" *The Nationality Law of the People's Republic of China stipulates that China does not recognize dual nationality of Chinese citizens. Chinese citizens who have settled abroad and who voluntarily join or acquire foreign nationality will automatically lose their Chinese nationality and therefore no longer enjoy the right to consular protection from Chinese embassies and consulates abroad.

4. Can those who are in the process of immigration still enjoy the consular protection of the Chinese embassy or consulate in the local area?

Those who are in the process of immigration will still enjoy the consular protection before the procedures are completed and the nationality is changed. He is a Chinese citizen and is subject to consular protection.

5. Under what circumstances can Chinese citizens request consular protection?

The behavior of Chinese citizens in other countries is mainly governed by international law and the local laws of the country where they are located.

When Chinese citizens (including Chinese citizens who have violated local laws) have their legitimate rights and interests infringed upon locally and have taken necessary measures on their own but still cannot effectively protect their legitimate rights and interests, they can apply to the Chinese embassy or consulate abroad. Consular protection.

6. How can Chinese citizens obtain consular protection from the Chinese government? What should you pay attention to when seeking consular protection?

If your legitimate rights and interests are violated in the country where you are located, or you encounter If you need assistance unexpectedly, you can contact the nearest Chinese embassy or consulate abroad to report the situation and relevant requirements. The embassy and consulate will provide you with consular protection within the scope of their duties.

If your behavior is illegal, or your misconduct puts you and others in danger, or you abuse consular protection, the embassy or consulate has the right to limit the consular protection provided to you.

Rights and obligations are inseparable. For overseas Chinese citizens, every citizen has the right to seek and obtain consular protection, but he should also bear corresponding obligations and legal responsibilities. You should mainly pay attention to the following aspects:

(1) You should bear your own responsibility for your personal travel choices, personal safety, financial security and behavior overseas, and you should strictly abide by the relevant local and Chinese laws and regulations;

(2) Rescue should be based on local areas. First try to seek protection and assistance from the police or judicial departments of the host country to get out of the predicament as soon as possible. If the above departments fail to act or act unfairly, then seek the intervention of the embassy or consulate and implement consular protection and assistance;

( 3) Pay attention to and obey the safety reminders issued by the Ministry of Foreign Affairs and Chinese embassies and consulates abroad. When a serious situation occurs in the host country and the Ministry of Foreign Affairs and relevant embassies and consulates abroad remind local Chinese citizens to evacuate as soon as possible, they should respond promptly and choose appropriate options. Evacuate through channels to avoid falling into dangerous situations;

(4) When requesting Chinese embassies and consulates abroad to provide consular protection, they must provide true information and cannot make false statements;

(5) Subjectively willing to accept consular protection. When implementing consular protection, the embassy or consulate must abide by the principle of voluntariness of the parties and fully respect the wishes of the parties;

(6) The appeal should not exceed the level of national treatment of the host country. When implementing consular protection, embassies and consulates cannot help parties receive better treatment than nationals of the host country;

(7) They cannot interfere with the normal order of the Ministry of Foreign Affairs or embassies and consulates stationed abroad, and should respect diplomacy, Consular officials;

(8) Pay the relevant fees for various documents and procedures in accordance with the law;

(9) The lists of lawyers, translators, and doctors provided by the embassy and consulate are for reference only. There is no guarantee that its service quality will meet your expectations. You may choose other lawyers, translators and doctors.

7. How should you seek consular protection when encountering emergencies such as terrorist attacks, severe natural disasters, and political unrest abroad?

(1) Immediately contact the nearest Chinese Embassy in the country Contact the embassy or consulate to obtain the latest relevant information and register.

If your family loses contact with you abroad, please contact the local Chinese embassy or consulate immediately to obtain the latest relevant information, and provide your family’s detailed personal information and contact information for use. The consulate assists in the search.

The embassy and consulates will assist Chinese citizens (including the dead and injured) to evacuate dangerous areas (not necessarily return home) when necessary and possible.

(2) Properly keep your important documents and documents, including passports, entry and exit records, insurance and bank records, etc.

(3) Check whether the passport and visa are valid. If you need to renew your passport, please go to the embassy or consulate immediately.

(4) Make double backups of important documents and information stored at home or carried with you, just in case. At the same time, you must ensure that the car you drive is safe and driving normally, and stock up on necessary food and medicine.

(5) Don’t wait passively. If there is a safe way to leave, do so immediately.

8. How to deal with traffic, work-related injuries and other accidents abroad?

You should immediately report the case to the local police or notify your employer, and ask them to notify your relatives and friends or the Chinese Embassy there. National embassy or consulate. You can ask the consular officer to urge the authorities of the host country to investigate the cause of the accident as soon as possible, or provide you with a list of lawyers, doctors, etc. for follow-up processing.

9. What should you do if you are personally violated overseas?

You should immediately report the incident to the local police and ask for a copy of the police report (alarm record). At the same time, contact a lawyer or doctor (if medical treatment is needed) and report the situation to the Chinese embassy or consulate in the local area.

Consular officials can provide you with the following help: arrange for appropriate personnel (if gender is required) to listen to your victimization situation and promise to protect your personal privacy; urge the police to solve the case as soon as possible; understand the progress of the case;

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Provide you with a list of lawyers and translators; provide a list of hospitals; replace lost or damaged travel documents; assist you in contacting family, friends or employers; and seek local social assistance.

However, consular officials cannot investigate the case or interfere with the local court hearing, appear in court on your behalf, act as an interpreter, or pay for your attorney fees, medical expenses, or other related expenses.

10. What should you do if you are detained, detained or imprisoned in your country of residence?

If you need to meet with a consular officer of the Chinese embassy or consulate, you should first contact the police or prison where you are located. proposed by the department. Consular officials will visit you according to your request and protect your legitimate rights and interests, such as humane treatment, fair treatment, etc.

Consular officials can also help you contact relatives and friends and provide you with a list of local lawyers. However, consular officials cannot interfere with local legal proceedings and cannot litigate on your behalf.

11. How to deal with unfair treatment or unreasonable wage arrears by the employer in the country of residence?

You should negotiate with the employer in accordance with the contract and relevant local laws and regulations. If negotiation fails, you can file a lawsuit in the local court. You can also request the consular officer to provide you with a list of local lawyers and translators. Consular officials can give you a brief introduction to the relevant legal information in the host country.

12. How to seek help when entry, exit or transit is blocked in the destination country with a valid passport and visa?

You should first truthfully explain your entry, exit or transit to the local competent authority. The reasons for transit and the reasons for obstruction. If you do not understand the local language, you can ask the other party to provide translation services.

If your request still does not receive a response from the relevant department, you can ask to contact the Chinese embassy or consulate in your local area for help. The consular officers of the embassy or consulate will learn about the situation from the relevant authorities, reflect your request as appropriate, or make necessary negotiations, but there is no guarantee that you will be released.

If the negotiation fails, you should rationally accept the decision of the local competent authority; if you are indeed treated unfairly by the other party, you should pay attention to collecting and preserving evidence so that you can resort to legal means in the future.

13. If you enter or stay in another country illegally without valid documents or financial resources, how do you go through the return procedures?

You should report truthfully to the Chinese embassy or consulate in the local area. My true and detailed information, including name, date of birth, place of birth, occupation, home address, contact number, illegal exit or stay, etc.

After the public security authorities in your original place of residence verify and confirm your identity, the consular officer can issue you a return travel document. If your family has already paid for your return home, the consular officer can assist in purchasing your return plane (car, boat) ticket.

14. What should you do if your Chinese passport is lost, stolen or robbed overseas?

Please report the case to the local police department immediately so that you can apply to the local immigration bureau to leave the country. Please apply for a replacement passport or travel permit from the nearest Chinese embassy or consulate in your country for return home.

The relevant materials required to apply for a reissue of a passport or travel permit are: the "People's Republic of China Passport/Travel Permit/Return Certificate Application Form" completed and accurately filled out by yourself, lost passport/ Description and photos of the robbery. In addition, please try to provide a copy of your original passport or other personal identity materials.

We would like to draw your attention: buying, selling, transferring, counterfeiting/altering, and deliberately damaging Chinese passports are illegal acts, and those involved will bear corresponding legal responsibilities.

15. When encountering financial difficulties overseas, can you seek help from the embassy or consulate?

Chinese citizens should be responsible for their own expenses abroad. If you have temporary financial difficulties due to theft, robbery, etc., you can borrow money from relatives and friends or send money through family members.

If necessary, you can also contact the Chinese embassy or consulate in your local area and ask your family to remit the money to the embassy or consulate or the Ministry of Foreign Affairs and transfer it through them. If it is indeed impossible to receive assistance from relatives and friends in time, Chinese embassies and consulates abroad can provide small advances.

Recipient Chinese citizens must sign a "Repayment Guarantee" and provide valid contact information of the domestic repayer, and repay the loan within the agreed time after returning to the country.

16. How to deal with the death of a family member overseas?

(1) You can learn about the cause of death and the status of the family’s belongings (will) through consular officials or relatives and friends, and assist in providing local documents Relevant departments apply to obtain death certificates and other supporting documents. The Chinese embassy or consulate in the local area can handle consular authentication of the above certification documents upon application.

Consular officials cannot investigate the cause of death. If you have questions about the cause of death, you can hire a local lawyer to lodge a complaint with the local judicial department and ask them to provide a reasonable explanation or conduct a new investigation;

You can also ask consular officials to assist in transferring your written opinions to the relevant local government departments. , please pay attention to your opinions or convey your opinions to the local judicial authorities.

(2) If the death involves a criminal case and a lawsuit has been filed locally, you should hire a lawyer to closely follow the court proceedings. You can also ask consular officials to help follow the case and observe the case as permitted by local law. court hearing.

If you are dissatisfied with the outcome of the trial or the verdict, you can ask a lawyer to assist in the appeal, and you can also use consular officials to assist in conveying your opinions to the relevant local authorities. However, consular officers cannot investigate the case or appear in court on your behalf.

(3) You can go to the local area to deal with the aftermath, but all expenses (including international travel expenses, food and accommodation and local transportation expenses) must be borne by yourself; visa, hotel reservation, transfer and other procedures to the relevant countries You must do it yourself.

You can also ask a qualified travel agency for assistance; if you need translation abroad, the embassy or consulate can provide a list of translations, but you must bear the cost yourself.

(4) If you are unable to go to the local area to handle funeral arrangements for some reason (such as being refused a visa, not having enough travel expenses, etc.), you can entrust local relatives and friends to handle matters such as the cremation of the body and the return of ashes and relics; if Required by local authorities.

You should provide a power of attorney notarized by a domestic notary agency and authenticated by the Ministry of Foreign Affairs (or the local foreign affairs office entrusted by it) and the embassy or consulate of the relevant country in China.

If local laws and regulations permit, you can also entrust a consular officer to handle the above matters on your behalf (at your own expense), but you should provide in advance a document notarized by a domestic notary agency and certified by the Ministry of Foreign Affairs or its authorized local foreign affairs office. power of attorney.

(5) If you wish to transport the body back to your country, the Chinese embassy or consulate in the local area can provide you with a list of companies that handle the transportation of the body. The cost of transporting the body needs to be borne by yourself.

(6) Due to different foreign laws and regulations, if the family does not dispose of the remains for a long time, it will not only not help solve the problem, but the relevant local departments may also bury or cremate the remains within a certain period of time in accordance with local laws and regulations. .

(7) Death cases may take a long time to process. In this case, you can hire a local lawyer to follow up. The Chinese embassy or consulate in the local area can only inform you of the case handling status provided by the local competent authorities within the scope of its authority.

17. If your family member is missing or kidnapped abroad, how can you seek help?

You should report the case to the local police as soon as possible. You can also report the relevant situation to the local Chinese embassy or consulate, including the name, gender, age, occupation, appearance and overseas address of the missing or abducted person, and seek assistance.

Consular officials will ask the relevant authorities of the host country to find the missing person or rescue the abducted person based on your request.

18. How to seek help if you suddenly become seriously ill or mentally ill abroad?

When you or your family suddenly become seriously ill or mentally ill abroad, you should quickly call the local emergency number and go to the local area. Hospital treatment. The Chinese embassy and consulate in the local area can assist in providing a list of local hospitals and can assist in notifying family members or units in the country.

If you or your family members want to return to the country for treatment, with the consent of the local hospital and relevant airlines, the embassy or consulate can assist in contacting the airlines to provide appropriate care. Air tickets and other related expenses will be borne by you.

19. If you have lost contact with your family members abroad for a long time, can you ask the Chinese embassy or consulate in the local area to help find their whereabouts?

If you have been unable to contact them for a long time through various channels Contact your family members abroad. The Chinese embassy or consulate there can provide assistance to the best of its ability.

Currently, the Chinese government does not force all overseas citizens to register as citizens at Chinese embassies and consulates abroad. In addition, their jobs, addresses, and phone numbers often change. Therefore, Chinese embassies and consulates abroad provide assistance. Finding relatives is very difficult.

Sometimes, even if your family member is found, he or she does not want to contact you. In this case, the consular officer can pass some information to you or, with the consent of your relatives or friends, pass on their contact information to you.

20. Can Chinese embassies and consulates abroad solve all the difficulties encountered by Chinese citizens abroad?

Chinese embassies and consulates abroad provide consular protection and assistance to overseas Chinese citizens. , should be carried out within the relevant international law, the legal framework of the host country and China.

Chinese embassies and consulates abroad are the country’s diplomatic representative agencies. They have no administrative and judicial power in the host country, cannot use coercive means, and cannot advocate their rights on behalf of individuals. They can only urge the host country through diplomatic channels. The state handles relevant cases in accordance with the law, fairly and fairly.

The embassy and consulates actively assist the parties concerned to safeguard their legitimate rights and interests, but cannot exceed the authority of the consular duties.

As for the issues of consular protection, the editor has helped to sort out these. I hope it will be useful to friends who are abroad or preparing to go abroad. When you are in a foreign country, there are many unpredictable factors. , mastering these and protecting yourself is the most important thing.