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Work Rules of the State Council
(Adopted by the first plenary meeting of the State Council on March 20, 2013)
Chapter I: General Provisions
1, the new Central People's Government formed at the first meeting of the 12th session of the National People's Congress formulates these rules in accordance with the Constitution of the People's Republic of China and the PRC State Council Organizational Law
2, the guiding ideology of the State Council's work is to raise high the grand flag of Socialism with Chinese characteristics, and with Deng Xiaoping theory, the important thought of the 'three represents' and the rational view of development as guides, to earnestly implement the Party's path, directives, and policies ; to strictly adhere to the constitution and laws, to fully and correctly implement governmental functions, strive towards a service-oriented government that establishes rational duties, superior organization, a high level of integrity and efficiency and satisfies the people.
3. The State Council work norms are governance for the people, administration in accordance with law, pragmatic realism, democracy and openness, and integrity in dealings.
Chapter 2: Duties of Organization Personnel
4, State Council personnel should be models of adherence to the Constitution and laws, earnestly performing their professional duties, working for the people, strictly maintaining discipline and showing diligence and integrity.
5, a Premier has responsibility for the State Council, the Premier directs the State Counsel's work. Vice Premiers and and State Council members assist in the Premier's work.
6, the Premier calls for and presides over plenary sessions of the State Council and meetings of its standing committee. Major matters in the work of the State Council must be discussed and decided by the State Council plenary assembly or its standing committee.
7, the vice-premiers and members of the state council are responsible for handling different areas , at the premier's request, they may be responsible for other areas of work or special assignments, and can represent the State Council at outside events.
8, the Secretary General is responsible for the everyday work of the State Council under the leadership of the Premier.
9; when the Premier is abroad on state visits, at his request, the vice-premier with responsibility for routine operations can assume his duties.
10, the chief of every department, the director of every committee, the president of every people's bank, the accountant-general of every comptrollers' office, is responsible for the work of the department under his control.
in accordance with the laws, administrative regulations and state council decisions, every department, committee, people's bank and auditing office formulates rules and issues orders within the scope of their official powers.
Each department of the State Council carries out its own functions, bears its own responsibility, coordinates and cooperates, so as to maintain unity and camaraderie, carry out government decisions without fail, and resolutely implement all aspects of the State Council's work allocations.
Chapter 3: Complete and Correct the Implementation of of Government Functions
11, The State Council should fully and properly implement economic regulation, market supervision, social management and public service functions; form clear powers and responsibilities, reasonable divisions of labor, consistent powers and responsibilities, efficient operations, and a system of agency functions to guarantee the rule of law, create a favorable development environment, provide fundamentally equal public service and safeguard social fairness and justice.
12, Improve macro-economic control systems, strengthen the study of economic development trends, rationally determine regulatory objectives and the policy orientations, employ economic and legal measures, supported by the necessary administrative measures, to guide and regulate the operation of the economy, and promote sustainable and healthy development of the national economy.
13, Strictly supervise the markets in accordance with law, promote equitable access, perfect the systems of supervision, standardize market law enforcement and maintain uniform openness of national markets, with fairness, honesty and orderly competition.
14, Strengthen the social management system and capacity-building, and perfect base level social management services, form of a combination of source management, dynamic management, and emergency management mechanisms, and safeguard social fairness, justice, harmony and stability.
15, Increase focus on public services, improving public policy and further establishing governmental leadership, social participation, and a sustainable basic public service system that covers urban and rural areas, and enhances the capacity of basic public services and promote the equalization of basic public services.
Chapter 4: Adhere to Administration According to Law
16, All departments of the State Council should take the lead in upholding the authority of the Constitution and laws and building a government under the rule of law; exercising powers, carrying out duties and bearing responsibilities in accordance with lawful and reasonable administration, proper procedures, high efficiency and convenience for the people, honesty and fidelity, the requirement of unifying powers and responsibilities,
17, Whenever necessary for social and economic development, the State Council will submit legal acts to the National People's congress and its standing committee; formulate, revise, or abolish administrative regulations; determine administrative measures , and announce decisions and orders.
The legal affairs organ of the State Council review or organizes legislative drafts submitted to the State Council for Discussion and draft administrative regulations for deliberation; the State Council Legal Affairs organ undertakes the interpretation of administrative regulations.
18, the State Council and its departments persist in scientific and democratic legislation, constantly improving the quality of government legislation. Preparation of draft laws, administrative regulations and departmental rules, will persist in begining with the practical to accurately reflect the needs of economic and social development, and fully reflect the will of the people so that the system can effectively solve problems of establishing, be prepared but not complicated, concise and easy.
After administrative regulations and departmental rules are implemented, there shall be assessment, the identification of problems, and timely corrections.
19, Departments under the State Council should develop regulations and regulatory documents, in line with the Constitution, laws, administrative regulations and the relevant provisions of decisions and orders of the State Council, and in strict compliance with statutory powers and procedures.
Strict review of legality; normative documents must not set administrative licensing, administrative penalties, administrative enforcement or other such matters, and can not unlawfully increase illegal citizens, legal persons and other organizations' obligations.
20, All State Council departments should strictly enforce the law, improve rules, standardize procedures, fulfill responsibilities, and strengthen supervision so as to ensure the laws are always observed and strictly enforced, and that violators are always prosecuted; that enforcement is fair and courteous; and that the public intest, people's lawful rights and interests are social order are protected.
Chapter 5: Carry Out Scientific and Democratic Decision Making
21, the State Council and its departments should improve the rules of the administrative decision-making process, making public participation, expert opinion, risk assessment, review of legality and collectively discussion necessary processes in major decision making, enhancing transparency in the formulation of public policy and the extent of public participation.
22, The plenary session of the state council or state council standing committee will debate and decide matters such as the national economic and social development plan and state budget, major projects, macro-regulatory adjustments and major policy measures of the reform and opening up, major matters of state and social management, legal proposals and administrative regulations.
During the implementation of important decisions, the actual conditions of the decisions execution should be tracked, to understand the relevant stakeholders's and the public's opinions and suggestions regarding the implementation, and comprehensively assess the efficacy of the decision and promptly make adjustments and improvements.
24, before major decisions are made by the State Council, opinions and suggestions from all quarters will be heard as needed through a variety of methods, including those of democratic parties, social organizations, expert scholars and the public,
25, All departments of the State Council departments must resolutely implement the State Council's decisions, and promptly follow up on and report back the conditions of enforcement. The General office of the State Council will strengthen supervision and inspections to ensure that governmental decrees are executed.
Chapter 6: Promoting Open Government Affairs
26, the State Council and every department should have openness and transparency as a fundamental system in government work. Deepening openness in government affairs, refining systems fro openness in all kinds of work, completing system for releasing government information, promoting openness on the basis, process and results of exercising executive power.
27, Matters discussed and decided by the the plenary assembly of the State Council and its standing committee, and the policies formulated by the State Council and every department shall be immediately announced unless requiring preservation of secrecy under law.
28, Any matter that touches upon the public interest, the rights of the masses, or that needs to be widely understood, and any matter that bears a close relation to society and the laws or State Council rules provide must be made public, should be made public lawfully, quickly, fully, correctly and specifically, by way of government websites, government bulletins and news conferences, and also by newspaper, radio, television, internet and other means.
Chapter 7: Completing the Supervisory System
31, the State Council and its departments should strictly implement the Administrative Reconsideration Law, strengthen guidance and supervision of administrative reconsiderations, redress unlawful or improper administrative conduct, and promptly resolve administrative disputes in accordance with law.
32, the State Council and its departments should accept supervision by the public and the news media and seriously investigate and verify relevant situations, and promptly handle them and improve their work in accordance with law. The resolution of handling major issues should be announced to public.
33, the State Council and its departments should emphasize letter and petition work, further improving the petition system and making accessible and standardized channels for the masses to put forward requests, coordinate interests, and safeguard their rights and interests. The leading comrades of the State Council and responsible parties of each department should personally review major correspondence from the public and work to resolve major issues with petitioning.
34, the State Council and its departments bring about performance management systems and administrative accountability systems to strengthen the implementation of major decisions , the fulfillment of departmental responsibilities, the advancement of major efforts and other such reviews and assesments; establish a sound system for correcting errors, strict accountability and raising governmental credibility and capacity for enforcement.
Chapter 8: Meeting System
35, the State Council implements a system of plenary sessions and sessions of a standing committee.
36, the State Council plenary session is comprised of the Premier, Deputy Premier, State Councilors, department heads, committee chairmen, the President of the People's Bank, the Auditor-General and the Secretary General, with the Premier convening and moderating the meeting. The primary missions of the State Council plenary session are:
(1) Discuss and decide on major items in the work of the State Council.
(2 ) Allocate the State Council's Key Works.
The plenary session of the state council may arrange for the responsible parties of other departments or workplaces to attend the session as non-voting participants as needed.
37, the State Council's standing committee will be comprised of the Premier, Deputy Premier, State Councilors and Secretary-General, and convened and presided over by the Premier. The main responsibilities of the State Council's standing committee will be to:
(1) Discuss and decide the State Council's important work matters;
(2) Discuss the draft law, as well as consider the draft administrative regulations;
(3) Report and discuss other important matters.
The Standing Committee of the State Council will generally meet once per week. According to need, heads of relevant departments and work units canattend the meetings, as non-voting participants.
40, The Premier will sign and issue the minutes for the plenary meeting of the State Council and the State Council Standing Committee.
Chapter 9: Document Approval
44, The Premier will sign administrative regulations formulated by the State Council, orders it issues, or motions it raises to the National People's congress or the NPC Standing Committee,
45, The Premier will issue documents released in the name of the State Council upon review by leading comrades in charge of the State Council.
The Secretary General of the State Council will sign and release documents issued in the name of the General Office of the State Council ; and if necessary report to the leading comrades in charge of the state council to issue it or to the Premier.
Matters within the scope of departments' authority should be issued directly by the department or issued jointly, the State Council and the State Council General Office will no longer release them.
Documents shall never be formulated or issued for any laws or administrative regulations for which there is already a clear rule. Non-substantive documents and briefs that might or might not be released, shall all not be issued.
Chapter 10: Work Discipline
Forty-six, State Committee members must resolutely implement the states' and party's line, directives and policies and the State Council work allocation, strictly uphold discipline, enforce rules and abide by prohibitions.
When the principal responsible party of any department leaves Beijing, he should first report to the General Office of the State Council, and the General office will report to the Premier and leading comrades.
Chapter 11: Establishing a Government with Integrity and Propriety
51, The State Council and its departments should strictly carry out all provisions on improving work styles, close contact with the masses and clean governance to truly enhance the establishment of clean governance and work styles.
55, Members of the state council should be role modals for learning, and the State Council and all its departments establish learning organs.
56, The leading comrades of the State Council should immerse themselves inthe basic levels, investigate and research to guide work, focusing on research and solving actual problems.
58, these rules apply to ad hoc bodies, agencies, administrative bodies, and institutions directly under the State Council.