Circular of the State Council on Printing and Distributing the Working Rules of the State Council

Circular of the State Council on Printing and Distributing the Working Rules of the State Council
Circular of the State Council on Printing and Distributing the Working Rules of the State Council

Guo Fa [2013] No. 16

March 23, 2013

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, all institutions directly under the State Council:

The Working Rules of the State Council has been adopted at the 1st plenary meeting of the State Council on March 20, 2013, which are hereby printed and distributed.

Working Rules of the State Council

(Adopted at the 1st plenary meeting of the State Council on March 20, 2013)

Chapter I General Provisions
 
Article 1 The new Central People's Government which was formed at the 1st Session of the Twelfth National People's Congress has formulated these Rules in accordance with the Constitution of the People's Republic of China and the Law of the People's Republic of China on the Organization of the State Council.
 
Article 2 The State Council shall hold the banner of the great socialism with Chinese characteristics and implement the Party's lines, principles and policies by taking Deng Xiaoping's Theory, the important thought of Three Represents and the scientific development concept as its guide, carry out the lines, principles and policies of the Party in earnest, strictly observe the Constitution and other laws, fully and properly perform government functions and try to establish a function scientific, structure improved, honest, efficient service-oriented government which the people are satisfied with.
 
Article 3 The State Council shall work under the principles such as governing for the people, administration by law, practical and realistic work, democratic openness, pragmatism and honesty.

Chapter II Duties of the Members
 
Article 4 The members of the State Council shall exemplarily obey the Constitution and other laws, perform their functions in earnest and pragmatic for the people, strictly obey the rules, and work hard and honestly.
 
Article 5 The State Council adopts the premier accountability system. The premier shall have leadership over the work of the State Council. The vice premiers and state councilors shall assist the premiers' work.
 
Article 6 The premier shall convene and preside over the plenary sessions of the State Council and executive meetings of the State Council. The important matters in the work of the State Council shall be discussed and decided at a plenary session or executive meeting of the State Council.
 
Article 7 The vice premiers and the state councilors shall be responsible for handling their respective work. Upon authorization of the premier, they may be responsible for the work in other aspects or special tasks, and may carry out activities of foreign affairs on behalf of the State Council as well.
 
Article 8 Under the leadership of the premier, the secretary-general shall be responsible for handling the routine work of the State Council.
 
Article 9 During the period of the premier's visiting abroad, the vice premier who is responsible for the executive work shall perform the duties on behalf of the premier.
 
Article 10 The ministers of all ministries, directors of all commissions, governor of the People's Bank and auditor-general of the National Audit Office shall be subject to the accountability system and responsible for the work of their respective department.
All ministries and commissions, the People's Bank and National Audit Office shall, under the laws, regulations, decisions and orders of the State Council, formulate rules and regulations and issue orders within their respective functions. Under the leadership of the premier, the National Audit Office shall independently exercise the audit supervision power, free from intervention of any other administrative organ, social organization or individual.
All ministries and commissions of the State Council shall perform their own duties and responsibilities, take into account the interests of the whole, cooperate with each other, earnestly maintain the unity and maintain the policies and orders carrying out smoothly, and strictly implement the work arrangements of the State Council.

Chapter III Implementation of the Government's Functions in a Complete and Correct Way
 
Article 11 The State Council shall comprehensively and correctly exercise the functions such as economic coordination, market supervision and control, social management and public services, form an institution function system which owns a clear rights boundary, rational division of labor, equally responsibilities and authorities and efficient operation and is guaranteed by rule of law, create a good environment for development, offer equal and basic public services and safeguard social fairness and justice.
 
Article 12 The State Council shall improve the macro-control system, reinforce the study and judge on the economy development trend, scientifically determine the macro-control targets and policy orientation, lead and control the economic operation by economic and legal methods with necessarily administrative methods for supplement, and promote the national economic health development.
 
Article 13 The State Council shall strictly supervise the market, promote fair access, perfect supervision system, standardize market enforcement, and protect the unified, open, fair, competitive and orderly national markets.
 
Article 14 The State Council shall enhance the social management system and the capacity building, perfect the basic social management service, form a social management system that combines governance from source, dynamic management and emergencies disposals, and safeguard the social fairness, harmony and stability.
 
Article 15 The State Council shall pay more attention to the public service, perfect the public policies, improve a government-leading and sustainable basic public service system with social participation and covering countries and cities, enhance the capacity and promote the equalization of basic public service.

Chapter IV Insisting the Administration according to Law
 
Article 16 The State Council and all departments shall take the lead in upholding the authority of the Constitutions and laws, and build a government under the rule of law.
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