Notice of the State Council on the issuance of the "Rules for the Work of the State Council"
Guo Fa [2023] No. 7
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions under the State Council, and agencies directly under the State Council:
The Rules for the Work of the State Council have been adopted at the 2023st plenary meeting of the State Council on March 3, 17 and are hereby issued.
State council
March 2023, 3
(This piece is publicly available)
Rules of State Council Work
(Adopted at the 2023st Plenary Session of the State Council on March 3, 17)
Chapter I General Provisions
1. These Rules are formulated in accordance with the Constitution of the People's Republic of China, the Organic Law of the State Council of the People's Republic of China and other relevant laws and regulations.
2. The work of the State Council adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, resolutely safeguards the authority and centralized and unified leadership of the Party Central Committee, fully implements the spirit of the 20th Party Congress and the decision-making and deployment of the Party Central Committee, strictly abides by the Constitution and laws and regulations, complete, accurate and comprehensive implementation of the new development concept, accelerates the construction of a new development pattern, strives to promote high-quality development, and strives to build a government of rule of law, innovation, clean government and service-oriented government that is satisfactory to the people. Achieve the second centenary goal and unite and strive to comprehensively promote the great rejuvenation of the Chinese nation with Chinese-style modernization.
Third, the staff of the State Council should take a clear-cut stand and stress politics, deeply understand the decisive significance of the "two establishments", strengthen the "four consciousness", strengthen the "four self-confidence", and achieve "two safeguards", persist in arming their minds, guiding practice, and promoting work with Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, bear in mind the "two overall interests" and keep in mind the "great of the country", consciously maintain a high degree of consistency with the Party Central Committee with Comrade Xi Jinping as the core in ideology, politics, and action, and constantly improve political judgment, political understanding, and Political execution is the ability to implement the party's leadership in all fields of the entire process of government work.
Chapter II: Constituent Personnel and Government Functions
4. The State Council shall be composed of the Prime Minister, Vice Premiers, State Councilors, Ministers of Ministries, Chairmen of Committees, Governors of the People's Bank of China, Auditor-General and Secretary-General.
5. The State Council implements the premier responsibility system. The Premier leads the work of the State Council. The Deputy Prime Minister and State Councilor assist the Prime Minister in his work, and shall be responsible for the work in the areas under their responsibility according to the division of labor; Entrusted by the Prime Minister to be responsible for other aspects of work or special tasks; According to the unified arrangement, it conducts foreign affairs activities on behalf of the State Council. Under the leadership of the Prime Minister, the Secretary-General is responsible for the day-to-day work of the State Council, and the Deputy Secretary-General assists the Secretary-General.
During the Prime Minister's visit abroad, the Deputy Prime Minister in charge of executive affairs shall act as Prime Minister at the request of the Prime Minister.
6. The State Council performs the functions of the government in economic regulation, market supervision, social management, public services, ecological and environmental protection, adheres to the general tone of seeking progress while maintaining stability, makes overall plans for development and security, gives full play to the decisive role of the market in the allocation of resources, gives better play to the role of the government, promotes a better combination of an effective market and an active government, creates a good development environment, upholds social fairness and justice, and solidly promotes Chinese-style modernization.
7. All ministries, commissions, the People's Bank of China and the National Audit Office of the State Council shall implement the responsibility system of ministers, directors, governors and chief auditors.
All ministries, commissions, the People's Bank of China, and the National Audit Office shall, in accordance with laws, administrative regulations, and decisions and orders of the State Council, formulate rules and regulations, issue orders, fully perform relevant administrative functions, make overall plans for research and deployment of work in their respective fields and industries, and do a good job in organizing and implementing them.
Chapter III: Principles of Work
8. Uphold the Party's leadership. Resolutely carry out work under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, fully implement the Party's line, principles and policies, and fully implement the decisions and arrangements of the Party Central Committee. Adhere to and improve the institutional mechanism for the Party's leadership in economic and social development, improve the mechanism for the implementation of major decisions and arrangements of the Party Central Committee, improve and implement the system of requesting instructions and reports, and promptly request and report to the Party Central Committee on major decisions, major matters, and important situations.
9. Uphold the supremacy of the people. Adhere to the fundamental purpose of serving the people wholeheartedly, take the people's yearning for a better life as the starting point and foothold of the government's work, strive to ensure and improve the people's livelihood, realize, safeguard and develop the fundamental interests of the broadest masses of the people, and constantly enhance the people's sense of gain, happiness and security.
10. Persist in administering according to law. Resolutely safeguard the authority of the Constitution and laws, strengthen the construction of a government ruled by law, continuously improve the quality of government legislation, strictly regulate fair and civilized law enforcement, strengthen supervision of law enforcement, fully bring government work into the track of rule of law, and exercise power, perform duties, and assume responsibilities in accordance with the law.
11. Adhere to scientific democracy. Strengthen the system concept, enhance the forward-looking, holistic and collaborative nature of the work. Fully implement the system of major decision-making procedures, strengthen investigation and research, scientific demonstration, risk assessment, and legality review, and widely listen to opinions and suggestions from all sides. Important plans, major public policies and measures, major public construction projects, and so forth involving the vital interests of the public shall be fully assessed and demonstrated, and experts and the public shall be heard through discussion meetings, hearings, or other methods. Establish and improve the follow-up feedback system for major decisions, strengthen post-evaluation, and continuously improve the quality of decision-making.
12. Adhere to integrity and innovation. Adhere to the party's basic theory, basic line, and basic strategy, persist in seeking truth and pragmatism, pioneering and innovating, give prominence to problem-oriented and result-oriented, proceed from reality in thinking about problems, making decisions, and doing things, and strive to solve conspicuous problems in reform, development, and stability and the problems that the masses of the people are anxious about. Strengthen the construction of digital government, promote process optimization, model innovation, and continuously improve government efficiency.
13. Adhere to honesty and integrity. Implement the requirements for strictly administering the party in an all-round way and the regulations on honest administration, be bold in self-revolution, persistently fight corruption in a healthy and disciplined manner, promote as one body not dare to be corrupt, cannot be corrupted, and do not want to be corrupt, comprehensively strengthen the building of a clean government, and promote the formation of a refreshing comradely relationship, a well-behaved relationship between superiors and subordinates, and a new type of government-business relationship that is pro-Qing unified.
Chapter IV: Supervision System
14. The State Council should conscientiously accept the supervision of the National People's Congress and its Standing Committee, report its work conscientiously and responsibly, and accept inquiries and questions; Consciously accept the democratic supervision of the CPPCC National Committee, and humbly listen to opinions and suggestions.
All departments of the State Council should conscientiously handle the proposals of NPC deputies and CPPCC members' motions, strengthen communication with deputies and members, strictly implement the responsibilities and time limits for handling, and take the initiative to disclose the results of handling.
15. Public employees of the State Council and all departments shall conscientiously accept the supervision of the State Supervision Organs. All departments of the State Council shall, in accordance with the provisions of relevant laws, accept judicial supervision by the people's courts and people's procuratorates, and conscientiously accept the supervision of auditing and other departments. Problems discovered in the course of supervision should be conscientiously rectified and reported to the State Council.
16. The State Council and all departments should conscientiously accept the supervision of all sectors of society and the news and public opinion, promptly and accurately disclose government information in accordance with law, strengthen policy interpretation, seriously investigate, verify, and handle relevant situations, and promptly respond to social concerns.
17. The State Council and all departments should earnestly listen to the suggestions, opinions and demands of the masses and conscientiously accept their supervision. Leading comrades should personally read and approve letters from the masses and urge the resolution of major issues involving the immediate interests of the masses.
Chapter V: Conference System
18. The State Council implements the system of plenary meetings of the State Council and executive meetings of the State Council. Major issues in the work of the State Council shall be discussed and decided by an executive meeting of the State Council or a plenary meeting of the State Council.
19. The plenary session of the State Council shall be composed of the Prime Minister, Vice Premiers, State Councilors, Ministers of Ministries, Chairmen of Committees, Governors of the People's Bank of China, Auditor General and Secretary-General, and shall be convened and presided over by the Prime Minister. The main tasks of the plenary session of the State Council are:
(1) Discussing and deciding on major matters such as government work reports and national economic and social development plans;
(2) Deploy the important work of the State Council.
The plenary meeting of the State Council may, as necessary, arrange for the responsible persons of other relevant departments and units to attend the meeting as observers.
20. The executive meeting of the State Council shall be composed of the premier, vice premier, state councilor and secretary-general, and shall be convened and presided over by the premier. The main tasks of the executive meeting of the State Council are:
(1) Discuss important matters that need to be submitted to the Party Central Committee for deliberation and decision;
(2) Discuss important matters that need to be submitted to the plenary meeting of the State Council for deliberation;
(3) Discussing draft laws and deliberating draft administrative regulations;
(4) Discussing and adopting important normative documents issued in the name of the State Council;
(5) Other important matters that need to be submitted to the executive meeting of the State Council for discussion, decision, and notification.
The executive meeting of the State Council is generally held 2-3 times a month, and can be convened at any time if necessary. According to the topic of the meeting, the heads of relevant departments and units may be arranged to attend the meeting as observers.
21. The topics submitted to the plenary session of the State Council and the executive meeting of the State Council shall be proposed by the premier or the leading comrade in charge of the State Council, and shall be submitted by the general office of the State Council to the premier for determination in accordance with the procedures; The documents of the meeting shall be approved and printed by the Prime Minister. The General Office of the State Council shall be responsible for the organization of the plenary session of the State Council and the executive meeting of the State Council, and the topics and documents shall be delivered to the participants before the meeting.
国务院全体会议和国务院常务会议文件由议题汇报部门牵头会同有关部门起草，国务院办公厅审核把关。会议文件应全面准确反映议题情况和各方面意见，突出针对性、指导性和可操作性，逻辑严密，条文规范，用语准确，行文简洁。
二十二、国务院全体会议和国务院常务会议的纪要，由国务院办公厅起草，按程序报总理签发。
国务院全体会议和国务院常务会议讨论通过决定印发的文件，原则上须在会议结束后7个工作日内印发。
国务院全体会议和国务院常务会议讨论决定的事项，除依法需要保密的外，应当及时公布。
二十三、国务院根据需要召开总理办公会议和国务院专题会议。
总理主持召开总理办公会议，研究、处理国务院工作中的重要事项。议题由总理确定，与议题相关的国务院领导同志，有关部门和单位负责人参加。总理办公会议纪要由总理签发。会议组织工作由国务院办公厅负责。
副总理、国务委员受总理委托或按照分工召开国务院专题会议，研究、协调国务院工作中的专门事项。议题由主持召开会议的国务院领导同志确定，与议题相关的部门和单位负责人参加。国务院专题会议纪要由主持召开会议的国务院领导同志签发，涉及重大事项报总理审定。
二十四、国务院领导同志和有关部门负责同志应按要求参加国务院有关会议，原则上不应请假。如有特殊情况不能参加的，要履行请假手续，由国务院办公厅报会议主持人审批。
二十五、国务院及各部门召开的工作会议，按照有关规定严格审批。要本着务实高效的原则，减少数量，控制规模和时间，合理确定参会人员范围，减少陪会。国务院领导同志一般不出席部门的工作会议，兼任部门负责同志的参加本部门会议除外。
国务院各部门召开全国性会议和举行重要活动，主办部门应提前10个工作日正式向国务院报送请示，由国务院办公厅报国务院领导同志审核，并按有关规定报经批准后实施。
国务院各部门召开的全国性会议，未按有关规定报经批准，不得请省、自治区、直辖市人民政府负责人出席。全国性会议提倡采用加密电视电话会议、网络视频会议形式，一般不越级召开，凡召开到省以下的须按有关规定报经批准。各类会议都要充分准备，严肃会风会纪，提高效率和质量。
严格控制和规范国际会议、论坛、庆典、节会等活动。各类会议活动经费要纳入预算管理。
二十六、国务院建立学习制度，一般两个月安排一次专题学习，学习活动由总理主持，国务院领导同志及各部门、单位负责人参加。学习主题由总理确定，重点围绕贯彻落实习近平总书记重要讲话、指示要求和党中央、国务院决策部署，增强知识本领、提升履职能力；学习采取领导同志自学交流、集体研讨，安排部门负责人汇报或邀请专家作讲座等多种形式开展。国务院组成人员要做加强学习的表率，国务院及各部门要建设学习型机关。
第六章 公文处理
二十七、各地区、各部门向国务院报送公文，应当符合《党政机关公文处理工作条例》的规定，严格遵循行文规则和程序。行文应当确有必要，讲求实效；未经批准不得越级行文，不得多头报文；请示应当一文一事，报告不得夹带请示事项。除国务院领导同志交办事项和必须直接报送的绝密级事项外，一般不得直接向国务院领导同志个人报送公文。
拟提请党中央审议或提请以党中央、国务院名义联合发文的文件稿，内容主要涉及政府职责且牵头起草部门为国务院部门的，应依照中央有关规定，先报国务院履行相关审核程序。
28. All departments of the State Council drafting draft laws, draft administrative regulations, departmental rules, and normative documents, as well as official documents requesting the State Council to study and decide on major matters, must abide by scientific and democratic decision-making procedures in accordance with law, carry out in-depth investigation and research, and conduct assessments and demonstrations of legality, necessity, scientificity, feasibility, and consistency in macro policy orientation; Where localities or departments are involved, opinions shall be solicited in advance; Where major public interests and public rights and interests are involved and social stability issues are likely to be triggered, opinions from all sides should be heard in various forms and social stability risk assessments should be conducted. Draft administrative regulations and departmental rules should be publicly solicited for comments, except where confidentiality is required in accordance with law, and important matters with relatively large disputes should be fully assessed and prudently decided.
29. Where the functions and powers of other departments are involved, the principal responsible person of the host department and the responsible person of the relevant department shall countersign or jointly submit it to the State Council for approval. Where there are differences between departments, the principal responsible person of the department should strengthen consultation; If no consensus can be reached after consultation, the host department shall list the opinions and reasons of all parties and put forward suggestions for handling.
When soliciting opinions or counter-signing documents between departments, unless otherwise required by the host department, it shall generally reply within 7 working days; If the reply cannot be made on time under special circumstances, it shall take the initiative to communicate with the host department and agree on the time limit and method of reply.
30. The General Office of the State Council shall conscientiously examine and control the official documents submitted by various regions and departments to the State Council for examination and approval, and put forward opinions on handling them. Where the issuance of administrative normative documents in the name of the State Council or the General Office of the State Council is involved, or the issuance of administrative normative documents in the name of the department after submitting them to the State Council for approval, the judicial administrative department under the State Council is to conduct a legality review. The leading comrades of the State Council in charge of the host departments should take the lead in strengthening coordination on matters on which there are differences between departments. The Deputy Secretary-General of the State Council assists the leading comrades in charge of the State Council in coordinating work.
Official documents and handling opinions shall be submitted by the General Office of the State Council for approval in accordance with the division of labor among the leading comrades of the State Council, matters involving multiple leading comrades shall be submitted to other relevant leading comrades of the State Council for approval as needed, and major matters shall be submitted to the premier for approval.
31. Administrative regulations, orders issued by the State Council, and motions submitted to the National People's Congress or the Standing Committee of the National People's Congress shall be signed by the Premier Premier.
Documents issued in the name of the State Council shall be issued by the premier after examination and examination by the leading comrades in charge of the State Council.
Documents issued in the name of the General Office of the State Council, generally issued by the Secretary-General of the State Council; Important documents shall be submitted to the leading comrade in charge of the State Council or the premier for issuance.
32. In formulating rules and normative documents, all departments of the State Council shall comply with the provisions of the Constitution, laws, administrative regulations, and relevant decisions and orders of the State Council, strictly abide by legally-prescribed authorities and procedures, and strictly review legality.
For matters involving the scope of authority of two or more departments, the opinions of the relevant departments shall be fully heard, and the State Council shall formulate administrative regulations, issue decisions or orders, or the relevant departments shall jointly formulate rules or normative documents. Among them, important public policies involving public rights and interests, high social concern, strong sensitivity, major livelihood matters, etc., shall be notified to the State Council in advance. Without the authorization of the State Council, departments of the State Council must not issue directive documents to provincial-level governments or put forward directive requirements to provincial-level governments in official documents.
Departmental rules and local government rules shall be promptly reported to the State Council for filing in accordance with laws and regulations, and the judicial administrative department under the State Council shall review and periodically publish the catalog to the public. Normative documents of State Council departments and provincial-level governments shall be reported to the State Council for the record in accordance with relevant provisions.
1. The State Council and all departments should streamline documents and briefings. Strengthen the overall planning of the issuance of documents, and strictly control the number of documents issued, the specifications of the documents issued and the length of documents. Where it is a matter within the scope of the department's authority and should be issued by the department itself or jointly, the document shall not be issued in the name of the State Council or the General Office of the State Council. Where laws and administrative regulations have made clear provisions, existing documents have been deployed and are still applicable, no longer documents shall be prepared and issued. Strictly control the issuance of supporting documents and division of labor. All departments of the State Council must not request local governments to formulate and issue supporting documents without authorization in the name of implementation, supervision and assessment. In principle, the division of labour programme should be issued together with the document and not separately. In principle, each department submits only one type of briefing to the State Council. Briefings on documents without substance will not be issued.
The State Council and all departments should strengthen the application and protection of information technology in organs, actively promote electronic official documents, accelerate the realization of online transmission and online handling of documents and briefing materials, and reduce paper documents and briefing materials.
Chapter VII: Implementation of Work
34. The State Council should consciously benchmark against the table, resolutely implement the major decision-making and deployment of the Party Central Committee and the important instructions and instructions of General Secretary Xi Jinping, adhere to the system concept, strengthen research and deployment, consolidate the main responsibility, improve the working mechanism, strengthen follow-up supervision, timely report the progress of handling, and ensure that practical results are seen. The leading comrades of the State Council should personally grasp implementation, guide, promote, and supervise the fields and departments under their responsibility, strengthen coordination and advancement, and ensure the smooth implementation of the decrees of the Party Central Committee and the prohibition of orders.
35. All departments of the State Council should resolutely implement the decision-making and deployment of the Party Central Committee and the State Council, strictly implement the work responsibility system, strengthen organizational leadership, fully perform their duties and responsibilities, take the initiative to take action, refine the division of tasks, formulate specific measures, strengthen coordination and cooperation, strengthen follow-up and efficiency, and ensure the implementation of various policies and measures.
36. All departments of the State Council should give full play to the role of supervision in grasping implementation and promoting development, improve the supervision work mechanism, innovate supervision methods, strengthen overall planning and standardization, linkage and coordination, enhance the pertinence and effectiveness of supervision, prevent duplicate supervision and multiple supervision, and reduce the burden on grassroots units.
The General Office of the State Council should strengthen guidance for the supervision work of the national government system.
Chapter VIII: Work Discipline and Self-Building
37. The State Council and all departments should implement the requirements for comprehensively and strictly administering the party and earnestly strengthen their own construction. It is necessary to strictly abide by political discipline and political rules, strictly implement the regulations on honest and honest administration, and strictly implement the spirit of the eight central regulations and their detailed implementation rules. The leading comrades of the State Council should set an example and do a good job in improving the party style and clean government in the fields and departments under their responsibility.
38. The State Council and all departments should strengthen and improve investigation and study, vigorously promote the style of investigation and study, go deep among the masses and at the grassroots level, and carry out on-the-spot investigations in places where there are many difficulties, complicated situations, and sharp contradictions, so as to grasp the actual situation, understand the feelings and opinions of the people, and study and solve problems. It is necessary to actively serve the localities and grassroots units and help solve difficulties and problems in work.
39. The State Council and all departments must strictly implement the system of requesting instructions and reports, and must seek instructions and reports from the Party Central Committee on major principles and policies related to the overall work of the Party and the state, major principles and problems in the construction of economic, political, cultural, social and ecological civilization, and matters under the centralized and unified management of the Party Central Committee.
The guidelines, policies, plans and major administrative measures in the work of all departments of the State Council shall be reported to the State Council. All departments of the State Council that release information on important government work arrangements and important issues of economic and social development must be strictly examined and approved, and major situations must be reported to the State Council in a timely manner.
40. Constituent members of the State Council shall strictly abide by all work disciplines, resolutely implement the decisions of the Party Central Committee and the State Council, and shall not make any remarks or conduct contrary to the decisions of the Party Central Committee and the State Council.
Leading comrades of the State Council should strictly implement the requirements stipulated by the central authorities for inspection, investigation, and attendance at meetings, reduce the number of accompanying personnel, simplify reception work, and standardize news reporting. The leading comrades of the State Council do not publicly publish works or single copies of speeches, do not send congratulatory letters or telegrams, and do not write inscriptions, inscriptions, or prefaces. Constituent members of the State Council who make speeches and articles on behalf of the State Council, and individuals who publish signed articles, must strictly follow the relevant regulations.
It is necessary to strictly implement the system of requesting leave. Vice premiers, state councilors, and secretaries-general leaving Beijing for foreign visits, business trips, or rest and recuperation shall request leave from the premier in advance and report in accordance with relevant regulations. The principal responsible persons of each department shall take leave in advance when leaving Beijing, and each department shall report to the General Office of the State Council, and the General Office of the State Council shall report to the Premier of the State Council, the leading comrades in charge, and the Secretary-General.
It is necessary to strictly enforce financial and economic discipline, strictly practice diligence and thrift, strictly implement the regulations on the use of office space, housing, and cars, and resolutely oppose and refrain from privileges. Strictly control the number and scale of groups going abroad (border) for business.
It is necessary to strictly observe the discipline of secrecy and foreign affairs, strictly prohibit the disclosure of state secrets, work secrets, or commercial secrets obtained in the performance of duties, and resolutely safeguard the security, honor, and interests of the state.
41. State Council staff members should carry forward the great party-building spirit, keep in mind the "three imperatives," strengthen their responsibility, be diligent in starting businesses, dare to struggle, be good at struggle, really do solid work, and bury their heads in hard work. Persist in opposing the "four winds" and creating new winds, rectify formalism and bureaucracy, and promote the normalization and long-term effectiveness of work style construction.
The State Council and all departments should further establish and improve the incentive and constraint mechanism, take responsibility for those in charge, be responsible for those in charge, support those who are in charge, and strive to create a good atmosphere for officials to start their own businesses.
42. These Rules shall apply to ad hoc agencies, agencies directly under the State Council, offices and institutions directly under the State Council.
2018. These Rules shall take effect on the date of promulgation. The State Council Work Rules issued by the State Council on June 6, 25 ceased to be implemented.