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, promulgated and put into effect on the same day; and 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 to strengthen the organizational structure and operational mechanisms of the State Council, and to guarantee and govern the proper exercise of its functions and powers.

Article 2 The State Council of the People’s Republic of China, also known as the Central People’s Government, is the executive body of the highest organ of state power and the highest state administrative organ.

Article 3 The State Council shall uphold the leadership of the Communist Party of China and adhere to 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. The State Council shall resolutely uphold the authority and centralized, unified leadership of the Party Central Committee, implement its decisions and plans, apply the new development philosophy, adhere to law-based administration, and comprehensively and correctly perform government functions in accordance with the Constitution and the law.

The State Council shall be committed to a people-centered approach, wholeheartedly serve the people, uphold and develop whole-process people’s democracy, maintain close ties with the people, listen to their opinions and suggestions, and build a law-based, innovative, clean, and service-oriented government that meets the people’s expectation.

Article 4 The State Council shall be responsible and report its work to the National People’s Congress. When the National People’s Congress is not in session, the State Council shall be responsible and report its work to the Standing Committee of the National People’s Congress.

The State Council shall accept the supervision of the National People’s Congress and its Standing Committee.

Article 5 The State Council is composed of the Premier, Vice-Premiers, State Councilors, Ministers of ministries, Ministers of commissions, the Governor of the People’s Bank of China, the Auditor General, and the Secretary General of the State Council.

The State Council shall practice a premier responsibility system. The Premier leads the work of the State Council.

The Vice-Premiers and State Councilors shall assist the Premier in his work. They shall be responsible for their respective areas of work as determined, and may be entrusted by the Premier with other work or special tasks. They shall conduct foreign affairs activities on behalf of the State Council under unified plans.

Article 6 The State Council shall exercise the functions and powers vested in it by the Constitution and the law.

Article 7 The State Council shall implement a system of plenary meetings and executive meetings. All members of the State Council shall attend the plenary meetings, while the Premier, Vice-Premiers, State Councilors, and Secretary General shall attend the executive meetings. The Premier shall convene and preside over these meetings. Significant matters within the State Council’s purview shall be deliberated and decided through its executive meetings or plenary meetings.

Article 8 The plenary meetings of the State Council shall be primarily focused on discussing and deciding on the reports on the work of the government, the plans for national economic and social development, and other significant matters within the State Council’s purview, as well as making arrangements for the State Council’s major tasks.

The executive meetings of the State Council are mainly tasked with discussing draft laws, deliberating draft administrative regulations, and discussing, deciding, and notifying important matters within the State Council’s purview.

Except for matters that are legally required to be kept confidential, decisions made at the plenary meetings and executive meetings of the State Council shall be made public in a timely manner.

The State Council shall, in times of need, convene the Premier’s working meetings and meetings of specific topics.

Article 9 The Premier shall sign administrative regulations, decisions, and orders issued by the State Council, proposals to be submitted to the National People’s Congress or its Standing Committee, as well as appointments and removals.

Article 10 Under the leadership of the Premier, the Secretary General of the State Council shall be in charge of the State Council’s routine work.

The State Council shall have several Deputy Secretaries General to assist the Secretary General in his work.

The State Council shall establish a General Office, which shall be led by the Secretary General.

Article 11 The establishment, termination, or integration of the State Council’s constituent departments shall be proposed by the Premier and decided by the National People’s Congress. During the recess of the National People’s Congress, such a decision shall be made by its Standing Committee. The formation or adjustment of the State Council’s constituent departments shall be announced by the National People’s Congress or its Standing Committee.

Article 12 Each State Council constituent department is headed by a Minister (Minister of each commission, Governor of the People’s Bank of China, or Auditor General), with two to four Vice Ministers (Vice Ministers of commissions, Deputy Governors of the People’s Bank of China, or Deputy Auditors General). There may also be five to ten members in a commission.

These constituent departments shall practice a minister (Minister of each commission, Governor of the People’s Bank of China, or Auditor General) responsibility system. They shall lead the work of the respective ministry, commission, People’s Bank of China, or National Audit Office, convene and preside over departmental meetings, where significant departmental matters are deliberated and decided upon, sign the requests for instructions on important matters and reports to be submitted to the State Council, and sign orders and directives to be issued by the departments. Vice Ministers (Vice Ministers of commissions, Deputy Governors of the People’s Bank of China, and Deputy Auditors General), shall assist their Ministers (Minister of each commission, Governor of the People’s Bank of China, or Auditor General) in their work.

Deputy Secretaries General of the State Council, Vice Ministers of ministries, Vice Ministers of commissions, Deputy Governors of the People’s Bank of China, and Deputy Auditors General shall be appointed and removed by the State Council.

Article 13 As needed by work, the State Council may, according to the principles of optimization, coordination, efficiency, and streamlining administration and following prescribed procedures, establish directly affiliated institutions to manage specialized affairs and executive offices to assist the Premier in handling specific matters. Each institution shall have two to five persons in charge, who shall be appointed or removed by the State Council.

Article 14 The principles, policies, plans, and major administrative measures formulated by the constituent departments of the State Council shall be submitted to the State Council for approval. The competent departments may issue orders and directives within the scope of their respective authorities in accordance with the laws and the State Council’s administrative regulations, decisions, and orders.

The constituent departments of the State Council, the directly affiliated institutions with administrative functions and the institutions otherwise prescribed by law may formulate rules within the scope of their respective authorities, in accordance with the laws and the State Council’s administrative regulations, decisions, and orders.

Article 15 The State Council shall exercise unified leadership over the work of local state administrative organs at all levels nationwide.

Article 16 The State Council shall adhere to sound, democratic, and law-based decision-making, improve the system of administrative decision-making and standardize the procedure for making major administrative decisions, enhance the execution of administrative decisions and the evaluation in this regard, and improve the quality and efficiency of decision-making.

Article 17 The State Council shall improve the administrative oversight framework, enhancing the work concerning administrative reconsideration, recording and review, oversight of administrative law enforcement, government inspections, etc. It shall emphasize transparent governance, welcome oversight from various quarters, and bolster the regulation and oversight of the exercise of administrative powers.

Article 18 Members of the State Council shall firmly uphold the authority and centralized, unified leadership of the Central Committee of the Communist Party of China. They shall lead by example in observing the Constitution and the law, diligently performing their duties, rejecting pointless formalities and bureaucratism, serve the people with a pragmatic approach, strictly observe discipline, and work with integrity and dedication.

Article 19 The constituent departments, directly affiliated institutions, and executive offices of the State Council shall each perform their respective duties, bear their respective responsibilities, enhance coordination, collaborate effectively, and ensure the implementation of the various work plans of the Central Committee of the Communist Party of China and the State Council.

Article 20 This Law shall come into force on the date of promulgation.