Adopted at the Fifth Session of the Fifth National People's
Congress and promulgated for implementation by Order No. 14 of the
Chairman of the Standing Committee of the National People's
Congress on December 10, 1982
Article 1? This Organic Law is formulated in accordance
with the provisions concerning the State Council in the
Constitution of the People's Republic of China.
Article 2? The State Council shall be composed of a
Premier, Vice-Premiers, State Councillors, Ministers in charge of
ministries, Ministers in charge of commissions, an Auditor-General
and a Secretary-General.
The Premier shall assume overall responsibility for the work of
the State Council. The Premier shall direct the work of the State
Council. The Vice-Premiers and State Councillors shall assist the
Premier in his work.
Article 3? The State Council shall exercise the functions
and powers prescribed in Article 89 of the Constitution.
Article 4? Meetings of the State Council shall be divided
into plenary meetings and executive meetings. The plenary meetings
of the State Council shall be composed of all members of the State
Council. The executive meetings of the State Council shall be
composed of the Premier, the Vice-Premiers, the State Councillors
and the Secretary-General. The Premier shall convene and preside
over the plenary and executive meetings of the State Council.
Important issues in the work of the State Council must be discussed
and decided by an executive or plenary meeting of the State
Council.
Article 5? The Premier shall sign the decisions, orders,
and administrative regulations issued by the State Council, the
proposals submitted by the State Council to the National People's
Congress or its Standing Committee, and the appointments and
removals of personnel.
Article 6? As entrusted by the Premier, the State
Councillors shall take charge of work in certain fields or of
certain special tasks and may represent the State Council in
foreign affairs.
Article 7? Under the direction of the Premier, the
Secretary-General of the State Council shall be responsible for the
day-to-day work of the State Council.
The State Council shall install a certain number of Deputy
Secretaries-General, who shall assist the Secretary-General in his
work.
The State Council shall establish a general office, which shall
be under the direction of the Secretary-General.
Article 8? The establishment, dissolution or merger of
ministries and commissions of the State Council shall be proposed
by the Premier and decided by the National People's Congress or,
when the Congress is not in session, by its Standing Committee.
Article 9? Each ministry shall have a Minister and two to
four Vice-Ministers. Each commission shall have a Minister, two to
four Vice-Ministers and five to ten commission members.?
The Ministers in charge of the ministries or commissions shall
assume overall responsibility for the work of the ministries and
commissions. The Ministers in charge of the ministries or
commissions shall direct the work of their respective departments;
convene and preside over ministerial meetings or the general and
executive meetings of the commissions; sign important requests for
instructions and reports to be submitted to the State Council; and
sign orders and instructions to be issued to their subordinate
units. The Vice-Ministers shall assist the Ministers in their
work.
Article 10? The ministries and commissions shall request
instructions from and submit reports to the State Council
concerning principles, policies, plans and important administrative
measures in their work, and the State Council shall make decisions
on such matters. The competent ministries or commissions may,
within the limits of their authority and in accordance with law and
the decisions of the State Council, issue orders, instructions and
rules.
Article 11? The State Council may, according to work
requirements and the principle of simplified and efficient
administration, set up a certain number of directly subordinate
agencies to take charge of various specialized work and a certain
number of administrative offices to assist the Premier in handling
specialized affairs. Each agency or office shall have two to five
persons responsible.
Source: NPC