Work Rules of the State Council (2013)

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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.

完善政府立法工作机制,扩大公众参与,除依法需要保密的外,所有行政法规和部门规章的草案都要公开征求意见。加强立法协调,对经协调仍达不成一致意见的问题,国务院法制机构要列明各方理据,提出倾向性意见,及时报请国务院决定。

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.

涉及两个及以上部门职权范围的事项,要充分听取相关部门的意见,并由国务院制定行政法规、发布决定或命令,或由有关部门联合制定规章或规范性文件。其中,涉及公众权益、社会关注度高的事项及重要涉外、涉港澳台侨的事项,应当事先请示国务院;部门联合制定的重要规章及规范性文件发布前须经国务院批准。

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.

部门规章应当依法及时报国务院备案,由国务院法制机构定期向社会公布目录。对违反宪法、法律、行政法规或国务院决定、命令或者规定不适当的部门规章和规范性文件,要依法责令制定部门纠正或由国务院予以改变、撤销。

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.

二十三、国务院各部门提请国务院研究决定的重大事项,都必须经过深入调查研究,并经研究、咨询机构等进行合法性、必要性、科学性、可行性和可控性评估论证;涉及相关部门的,应当充分协商;涉及地方的,应当事先征求意见;涉及重大公共利益和公众权益、容易引发社会稳定问题的,要进行社会稳定风险评估,并采取听证会等多种形式听取各方面意见。

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

 

二十九、国务院要自觉接受全国人大及其常委会的监督,认真负责地报告工作,接受询问和质询,依法备案行政法规;自觉接受全国政协的民主监督,虚心听取意见和建议。

三十、国务院各部门要依照有关法律的规定接受人民法院依法实施的监督,做好行政应诉工作,尊重并自觉履行人民法院的生效判决、裁定,同时要自觉接受监察、审计等部门的监督。对监督中发现的问题,要认真整改并向国务院报告。

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.

 

三十八、提请国务院全体会议和国务院常务会议讨论的议题,由国务院分管领导同志协调或审核后提出,报总理确定;会议文件由总理批印。国务院全体会议和国务院常务会议的组织工作由国务院办公厅负责,议题和文件于会前送达与会人员。

三十九、国务院领导同志不能出席国务院全体会议或国务院常务会议,向总理请假。国务院全体会议其他组成人员或国务院常务会议列席人员请假,由国务院办公厅向总理报告。

40, The Premier will sign and issue the minutes for the plenary meeting of the State Council and the State Council Standing Committee.

四十一、国务院及各部门召开的工作会议,要减少数量,控制规模,严格审批。应由各部门召开的全国性会议,不以国务院或国务院办公厅名义召开,不邀请省、自治区、直辖市人民政府负责人出席,确需邀请的须报国务院批准。国务院领导同志一般不出席部门的工作会议。全国性会议应尽可能采用视频会议形式召开。各类会议都要充分准备,提高效率和质量,重在解决问题。

Chapter 9: Document Approval

四十二、各地区、各部门报送国务院的公文,应当符合《党政机关公文处理工作条例》的规定。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。各部门报送国务院的请示性公文,凡涉及其他部门职权的,必须主动与相关部门充分协商,由主办部门主要负责人与相关部门负责人会签或联合报国务院审批。部门之间有分歧的,主办部门主要负责人要主动协商;协商后仍不能取得一致意见的,主办部门应列明各方理据,提出办理建议,与相关部门负责人会签后报国务院决定。

四十三、各地区、各部门报送国务院审批的公文,由国务院办公厅按照国务院领导同志分工呈批,并根据需要由国务院领导同志转请国务院其他领导同志核批,重大事项报总理审批。

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.

四十七、国务院组成人员必须坚决执行国务院的决定,如有不同意见可在国务院内部提出,在没有重新作出决定前,不得有任何与国务院决定相违背的言论和行为;代表国务院发表讲话或文章,个人发表涉及未经国务院研究决定的重大问题及事项的讲话或文章,事先须经国务院同意。

四十八、国务院组成人员要严格执行请销假制度。副总理、国务委员、秘书长离京出访、出差和休养,应事先报告总理,由国务院办公厅通报国务院其他领导同志。

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.

四十九、国务院各部门发布涉及政府重要工作部署、经济社会发展重要问题的信息,要经过严格审定,重大情况要及时向国务院报告。

五十、国务院组成人员要严格遵守保密纪律和外事纪律,严禁泄露国家秘密、工作秘密或因履行职责掌握的商业秘密等,坚决维护国家的安全、荣誉和利益。

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.

五十二、国务院及各部门要从严治政。对职权范围内的事项要按程序和时限积极负责地办理,对不符合规定的事项要坚持原则不得办理;对因推诿、拖延等官僚作风及失职、渎职造成影响和损失的,要追究责任;对越权办事、以权谋私等违规、违纪、违法行为,要严肃查处。

五十三、国务院及各部门要严格执行财经纪律,艰苦奋斗、勤俭节约,坚决制止奢侈浪费,严格执行住房、办公用房、车辆配备等方面的规定,严格控制差旅、会议经费等一般性支出,切实降低行政成本,建设节约型机关。

严格控制因公出国(境)团组数量和规模。改革和规范公务接待工作,不得违反规定用公款送礼和宴请,不得接受地方的送礼和宴请。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全部纳入预算管理。

五十四、国务院组成人员要廉洁从政,严格执行领导干部重大事项报告制度,不得利用职权和职务影响为本人或特定关系人谋取不正当利益;不得违反规定干预或插手市场经济活动;加强对亲属和身边工作人员的教育和约束,决不允许搞特权。

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.

到基层考察调研,要轻车简从,减少陪同,简化接待,减轻地方负担;地方负责人不到机场、车站、码头及辖区分界处迎送。除工作需要外,不去名胜古迹、风景区参观。

五十七、国务院领导同志不为部门和地方的会议活动等发贺信、贺电,不题词,因特殊需要发贺信、贺电和题词,一般不公开发表。国务院领导同志出席会议活动、到基层考察调研的新闻报道和外事活动安排,按有关规定办理。

58, these rules apply to ad hoc bodies, agencies, administrative bodies, and institutions directly under the State Council.

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