Xinhua News Agency, Beijing, March 11
Organic Law of the State Council of the People's Republic of China
(Adopted at the fifth session of the Fifth National People's Congress on December 10, 1982 and promulgated and implemented on the same day as revised at the second session of the fourteenth National People's Congress on March 11, 2024)
Article 1 This law is enacted in accordance with the Constitution in order to improve the organization and work system of the State Council, and to ensure and regulate the exercise of powers by the State Council.
Article 2 The State Council of the People's Republic of China, that is, the Central People's Government, is the executive organ of the highest organ of state power and the highest administrative organ of the state.
Article 3 The State Council adheres to the leadership of the Communist Party of China, adheres to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and resolutely safeguards the authority of the Party Central Committee and centralized and unified leadership, resolutely implement the decisions and arrangements of the Party Central Committee, implement new development concepts, adhere to administration in accordance with the law, and fully and correctly perform government functions in accordance with the Constitution and legal provisions.
The State Council adheres to the people-centered approach and serves the people wholeheartedly, upholds and develops people's democracy throughout the process, always maintains close contact with the people, listens to the people's opinions and suggestions, and builds a law-based, innovative, clean and service-oriented government that satisfies the people. .
Article 4 The State Council shall be responsible for and report on its work to the National People's Congress; when the National People's Congress is not in session, it shall be responsible and report on its work to the Standing Committee of the National People's Congress.
The State Council should consciously accept the supervision of the National People's Congress and its Standing Committee.
Article 5 The State Council is composed of the Prime Minister, Vice Prime Ministers, State Councilors, ministers of ministries, directors of various committees, the President of the People's Bank of China, the Auditor General, and the Secretary-General.
The State Council implements the prime minister's responsibility system.
The Prime Minister leads the work of the State Council.
The Vice Prime Minister and State Councilor assist the Prime Minister in his work and are responsible for the work in their respective fields according to the division of labor; they are responsible for other aspects of work or special tasks when entrusted by the Prime Minister; and carry out foreign affairs activities on behalf of the State Council according to unified arrangements.
Article 6 The State Council exercises its functions and powers stipulated in the Constitution and relevant laws.
Article 7 The State Council implements the system of plenary meetings of the State Council and executive meetings of the State Council.
The plenary session of the State Council is composed of all members of the State Council.
The executive meeting of the State Council is composed of the Prime Minister, Vice Premiers, State Councilors, and Secretary-General.
The Prime Minister convenes and presides over the plenary session of the State Council and the executive meeting of the State Council.
Major issues in the work of the State Council must be discussed and decided at the executive meeting of the State Council or the plenary session of the State Council.
Article 8 The main tasks of the plenary session of the State Council are to discuss and decide on major matters in the work of the State Council such as the government work report, national economic and social development plans, and to deploy the important work of the State Council.
The main tasks of the State Council executive meeting are to discuss draft laws, review draft administrative regulations, and discuss, decide, and notify important matters in the work of the State Council.
Matters discussed and decided at the plenary session of the State Council and the executive meeting of the State Council shall be announced in a timely manner, unless they are required to be kept confidential in accordance with the law.
The State Council convenes the Prime Minister's office meeting and the State Council special meeting as needed.
Article 9 Administrative regulations, decisions, and orders issued by the State Council, proposals submitted to the National People's Congress or the Standing Committee of the National People's Congress, and the appointment and removal of personnel shall be signed by the Prime Minister.
Article 10 The Secretary-General of the State Council, under the leadership of the Prime Minister, is responsible for handling the daily work of the State Council.
The State Council has several deputy secretaries-general to assist the secretary-general in his work.
The State Council has established a general office, headed by the Secretary-General.
Article 11 The establishment, abolition or merger of the constituent departments of the State Council shall be decided by the National People's Congress upon the proposal of the Prime Minister; when the National People's Congress is not in session, the decision shall be made by the Standing Committee of the National People's Congress.
After the constituent departments of the State Council are determined or adjusted, they shall be announced by the National People's Congress or the Standing Committee of the National People's Congress.
Article 12 The constituent departments of the State Council shall have one director (director, president, auditor general) and two to four deputy ministers (deputy director, deputy governor, deputy auditor general); the committee may have five to ten members.
The departments under the State Council implement the responsibility system of ministers (directors, governors, auditors general).
The minister (director, president, auditor general) leads the work of the department, convenes and presides over ministry affairs (committee affairs, administration, department affairs) meetings, discusses and decides on major issues in the department's work; signs important instructions and reports submitted to the State Council and issued orders and instructions.
The deputy ministers (deputy director, vice president, deputy auditor general) assist the ministers (director, president, auditor general) in their work.
The deputy secretary-general of the State Council, deputy ministers of ministries, deputy directors of various committees, deputy governors and deputy auditors of the People's Bank of China are appointed and removed by the State Council.
Article 13 The State Council may, based on work needs and the principle of optimization, collaboration, efficiency and streamlining, establish a number of directly affiliated agencies to be in charge of various specialized businesses in accordance with prescribed procedures, and set up a number of offices to assist the Prime Minister in handling special matters.
Each agency has two to five persons in charge, who are appointed and removed by the State Council.
Article 14 The principles, policies, plans and major administrative measures in the work of the constituent departments of the State Council shall be submitted to the State Council for instructions and reports, and shall be decided by the State Council.
In accordance with the laws and the administrative regulations, decisions and orders of the State Council, the competent departments may issue orders and instructions within the scope of their own authority.
Departments of the State Council and agencies directly under the State Council with administrative functions, as well as agencies prescribed by law, may formulate regulations within the scope of authority of their own departments in accordance with the law and the administrative regulations, decisions, and orders of the State Council.
Article 15 The State Council provides unified leadership over the work of local state administrative agencies at all levels across the country.
Article 16 The State Council adheres to scientific decision-making, democratic decision-making, and decision-making in accordance with the law, improves the administrative decision-making system, standardizes major administrative decision-making procedures, strengthens the implementation and evaluation of administrative decisions, and improves the quality and efficiency of decision-making.
Article 17 The State Council improves the administrative supervision system, strengthens administrative reconsideration, filing and review, administrative law enforcement supervision, government supervision, etc., adheres to the openness of government affairs, consciously accepts supervision from all aspects, and strengthens restrictions and supervision on the operation of administrative power.
Article 18 Members of the State Council shall resolutely safeguard the authority and centralized and unified leadership of the Party Central Committee, modelly abide by the Constitution and laws, conscientiously perform their duties, take the lead in opposing formalism and bureaucracy, be pragmatic for the people, strictly observe discipline, and be diligent and honest.
Article 19 The departments, agencies directly under the State Council, and offices shall perform their respective duties and responsibilities, strengthen coordination, and cooperate closely to ensure the implementation of the work arrangements of the Party Central Committee and the State Council.
Article 20 This Law shall come into effect on the date of promulgation.