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Organic Law of the State Council of the People’s Republic of China (Second Draft Revision)

Article 1This Law is formulated on the basis of the Constitution to improve the organization and work systems of the State Council and to safeguard and regulate its exercise of functions and powers.

Article 2:The State Council of the People’s Republic of China, that is, the Central People’s Government, is the executive body of the highest organ of State power and is the highest organ of State administration.

Article 3: The State Council is to uphold the leadership of the Communist Party of China; follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; resolutely uphold the Party Central Committee’s authority and its centralized and unified leadership; resolutely implement the Party Central Committee’s decisions and plans; apply the new development philosophy; adhere to law-based government administration; and correctly perform governmental functions in all respects in accordance with the provisions of the Constitution and laws.

The State Council is to commit to a people-centered approach and serve the people wholeheartedly; and work hard to build a law-based government, an innovative government, a clean government, and a service-oriented government to the satisfaction of the people.

Article 4: The State Council is responsible to and reports its work to the National People’s Congress; and when the National People’s Congress is not in session, to the Standing Committee of the National People’s Congress. The State Council shall consciously accept oversight by the National People’s Congress and its Standing Committee.

Article 5: The State Council consists of the premier, vice-premiers, state councilors, ministers of the various ministries, directors of the various commissions, governor of the People’s Bank of China, auditor-general, and secretary-general.

The State Council practices a system in which the premier assumes overall responsibility. The Premier directs the work of the State Council.

The vice-premiers and state councilors are to assist with the premier’s work and be responsible for the work in their responsible areas according to the division of labor; and are to, when entrusted by the premier, be responsible for the work in other areas or for specific tasks; and are to, according to unified arrangements, engage in foreign affairs activities on the behalf of the State Council.

Article 6: The State Council is to exercise the functions and powers provided for in the Constitution and relevant laws.

Article 7: The State Council practices a system of plenary meetings and executive meetings of the State Council. Plenary meetings of the State Council are to consist of all members of the State Council. Executive meetings of the State Council are to consist of the premier, vice-premiers, state councilors, and secretary-general. The premier is to convene and preside over plenary meetings and executive meetings of the State Council. Major issues in the State Council’s work must be discussed and decided by an executive meeting or a plenary meeting of the State Council.

Article 8: The main tasks of plenary meetings of the State Council are discussing and deciding on major matters in the State Council’s work, such as government work reports and plans for national economic and social development, and making arrangements for the State Council’s important work.

The main tasks of executive meetings of the State Council are discussing draft laws, deliberating draft administrative regulations, as well as discussing, deciding on, and circulating important matters in the State Council’s work.

Matters discussed and decided by plenary meetings and executive meetings of the State Council shall be promptly made public, except for those that need to be kept confidential according to law.

The State Council is to convene the premier’s work meetings and special meetings of the State Council as needed.

Article 9: The decisions, orders, and administrative regulations issued by the State Council, the bills it submits the National People’s Congress or the Standing Committee of the National People’s Congress, and its appointments and removals of personnel, are to be signed by the premier.

Article 10: Under the premier’s leadership, the secretary-general is responsible for handling the State Council’s day-to-day work.

The State Council is to appoint several deputy secretaries-general to assist with the secretary-general’s work.

The State Council is to establish a general office led by the secretary-general.

Article 11: The establishment, dissolution, or merger of the various ministries or commissions of the State Council, as proposed by the premier, is to be decided by the National People’s Congress; or, when the National People’s Congress is not in session, by the Standing Committee of the National People’s Congress. The National People’s Congress or its Standing Committee is to promulgate the various ministries and commissions of the State Council after they have been determined or adjusted.

Article 12: Each constituent department of the State Council is to have one minister (director, governor, or auditor-general) and two to four vice ministers (deputy directors, deputy governors, or deputy auditors-general). A commission may have five to ten members.

Each constituent department of the State Council is to practice a system in which the minister (director, governor, or auditor-general) assumes overall responsibility. The minister (director, governor, or auditor-general) directs the work of his or her department; convenes and presides over executive meetings of the ministry (commission, bank, or office); discusses and decides on major issues in the department’s work; and signs important requests for instructions and reports to be submitted to the State Council as well as the orders and directives to be issued. The vice-ministers (deputy directors, deputy governors, and deputy auditors-general) are to assist with the work of the minister (director, governor, or auditor-general).

Article 13: The State Council may, according to the needs of its work and the principles of optimization, coordination, efficiency, and simplification, and in accordance with the prescribed procedures, establish a certain number of directly subordinate bodies to take charge of various specialized work, and establish a certain of administrative bodies to assist the premier in handling specialized matters. Each body is to have two or five persons in charge.

Article 14: The constituent departments of the State Council shall request instructions from and report to the State Council on the principles, policies, plans, and major administrative measures in their work, which are to be decided by the State Council. In accordance with laws and the State Council’s administrative regulations, decisions, and orders, the competent departments may issue orders and directives within the scope of their authority.

The State Council’s constituent departments and its directly subordinate bodies with administrative management functions, as well as the bodies prescribed by law, may formulate rules within the scope of their respective authorities in accordance with laws and the State Council’s administrative regulations, decisions, and orders.

Article 15: The State Council is to adhere to sound, democratic, and law-based decision-making, improve the institutions and systems for administrative decision-making, regulate the procedures for major administrative decision-making, strengthen the implementation and evaluation of administrative decision-making, and improve the quality and efficiency of decision-making.

Article 16: The State Council is to improve the system of administrative oversight; strengthen administrative reconsideration, recording and reviewing of regulations and rules, oversight of administrative law enforcement, governmental supervisory inspections, and other such work; and strengthen checks on and oversight over the exercise of administrative power.

Article 17: Constituent members of the State Council shall resolutely uphold the Party Central Committee’s authority and its centralized and unified leadership, obey the Constitution and laws in an exemplary manner, conscientiously discharge their responsibilities, serve the people and stay pragmatic, strictly observe discipline, and demonstrate diligence and integrity.

Article 18: The constituent departments, directly subordinate bodies, and administrative bodies of the State Council shall perform their respective functions, bear their respective responsibilities, enhance coordination, and closely cooperate with one another to ensure that the Party Central Committee’s and the State Council’s work plans are implemented in all aspects.

Article 19: This Law takes effect on the date of promulgation.

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