On March 11, 2024, China’s top legislature, the National People’s Congress, voted 2883 to 8, with 9 abstentions, to revise the State Council Organic Law [国务院组织法]—the first update of the statute since its enactment in December 1982. As part of a Communist Party-directed effort to “improve the organic laws of state institutions,” the revision seeks to modernize the governing statute of China’s central government. It memorializes some of the core principles and practices concerning State Council operation that have developed since 1982 and harmonizes the statute with later-enacted laws. For instance, the revision specifies the State Council’s constitutional status, guiding ideologies, and relationship with other state organs; clarifies the functions of different State Council meetings; and incorporates existing policy measures to develop a “law-based government” [法治政府]. The practical significance of these changes is thus minimal. But they nonetheless hold great symbolic value (e.g., by codifying the State Council’s duty to uphold the Party’s leadership) or can serve an important signaling purpose (e.g., by writing into law the principle of “adhering to transparency in government affairs”).
That does not change the fact, however, that the Law remains minimalist. With only 20 articles (increased from 11), it is not only the shortest state-organ organic law but also one of the shortest national laws overall. More detailed rules on the State Council’s operation are (still) found in lower-level authorities like the latest State Council Work Rules [国务院工作规则]. For this reason, instead of providing an even shorter summary, we are posting a full translation of the revised Law below, with comments on selected provisions. 🆕 marks newly added articles, whereas 🔄 marks those without substantive changes. The remaining articles were all amended to some extent, though we won’t comment on every one of them. For details, please refer to this comparison chart (in Chinese).
The following translation also appears on China Law Translate.
Organic Law of the State Council of the People’s Republic of China
(Adopted at the 5th session of the Fifth National People’s Congress on December 10, 1982 and promulgated for implementation on the same day; revised at the 2nd session of the Fourteenth National People’s Congress on March 11, 2024)
Article 1: This Law is formulated on the basis of the Constitution to improve the organization and work systems of the State Council and to safeguard and regulate its exercise of functions and powers.
🆕 Article 2: The State Council of the People’s Republic of China, that is, the Central People’s Government, is the executive body of the highest organ of state power and is the highest organ of state administration.
This article incorporates the exact language of Article 95 of the Constitution.
🆕 Article 3: The State Council is to uphold the leadership of the Communist Party of China; follow 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; resolutely uphold the Party Central Committee’s authority and its centralized and unified leadership; resolutely implement the Party Central Committee’s decisions and plans; apply the new development philosophy; adhere to law-based government administration; and correctly perform governmental functions in all respects in accordance with the provisions of the Constitution and laws.
The State Council is to commit to a people-centered approach and serve the people wholeheartedly, uphold and develop whole-process people’s democracy, always maintain close ties to the people, listen to the people’s opinions and suggestions, and work hard to build a law-based government, an innovative government, a clean government, and a service-oriented government to the satisfaction of the people.
This article, among other things, entrenches the Party’s leadership over the State Council in a basic statute and received the most attention from observers over the last week. This clause directly implements a 2019 Central Committee document requiring that “the Party’s comprehensive leadership” be written into the organic laws of state organs. It also enforces the constitutional provision, added in 2018, that the Party’s leadership is “the defining feature of socialism with Chinese characteristics.” Because the clause merely memorializes the existing Party-State Council relationship—specifically, the former’s dominance of the latter—its significance is more symbolic than practical.
🆕 Article 4: The State Council is responsible to and reports its work to the National People’s Congress; and when the National People’s Congress is not in session, to the Standing Committee of the National People’s Congress.
The State Council shall consciously accept oversight by the National People’s Congress and its Standing Committee.
The first paragraph of this article duplicates the language of Article 92 of the Constitution.
Article 5: The State Council consists of the premier, vice-premiers, state councilors, ministers of the various ministries, directors of the various commissions, governor of the People’s Bank of China, auditor-general, and secretary-general.
The State Council practices a system in which the premier assumes overall responsibility. The premier directs the work of the State Council.
The vice-premiers and state councilors are to assist with the premier’s work and be responsible for the work in their responsible areas according to the division of labor; and are to, when entrusted by the premier, be responsible for the work in other areas or for specific tasks; and are to, according to unified arrangements, engage in foreign affairs activities on the behalf of the State Council.
This article clarifies that the vice-premiers and state councilors are assigned to oversee specific issue areas. It also explicitly includes the governor of the People’s Bank of China (PBOC) among the constituent members of the State Council—a provision whose constitutionality was questioned during the legislative process because the Constitution itself did not grant the PBOC governor such a status. According to a recent report, the NPCSC Legislative Affairs Commission concluded the provision was constitutional, for it would merely codify “years of constitutional practice” that had already made the PBOC governor a de facto constituent member of the State Council.
Article 6: The State Council is to exercise the functions and powers provided for in the Constitution and relevant laws.
🔄 Article 7: The State Council practices a system of plenary meetings and executive meetings of the State Council. Plenary meetings of the State Council are to consist of all members of the State Council. Executive meetings of the State Council are to consist of the premier, vice-premiers, state councilors, and secretary-general. The premier is to convene and preside over plenary meetings and executive meetings of the State Council. Major issues in the State Council’s work must be discussed and decided by an executive meeting or a plenary meeting of the State Council.
🆕 Article 8: The main tasks of plenary meetings of the State Council are discussing and deciding on major matters in the State Council’s work, such as government work reports and plans for national economic and social development, and making arrangements for the State Council’s important work.
The main tasks of executive meetings of the State Council are discussing draft laws, deliberating draft administrative regulations, as well as discussing, deciding on, and circulating important matters in the State Council’s work.
Matters discussed and decided by plenary meetings and executive meetings of the State Council shall be promptly made public, except for those that need to be kept confidential according to law.
The State Council is to convene the premier’s work meetings and special meetings of the State Council as needed.
This article clarifies the functions of the State Council’s plenary and executive meetings by incorporating language from recent iterations of the State Council Work Rules.
🔄 Article 9: The decisions, orders, and administrative regulations issued by the State Council, the bills it submits to the National People’s Congress or the Standing Committee of the National People’s Congress, and its appointments and removals of personnel, are to be signed by the premier.
🔄 Article 10: Under the premier’s leadership, the secretary-general is responsible for handling the State Council’s day-to-day work.
The State Council is to appoint several deputy secretaries-general to assist with the secretary-general’s work.
The State Council is to establish a general office led by the secretary-general.
Article 11: The establishment, dissolution, or merger of the constituent departments of the State Council, as proposed by the premier, is to be decided by the National People’s Congress; or, when the National People’s Congress is not in session, by the Standing Committee of the National People’s Congress. The National People’s Congress or its Standing Committee is to promulgate the constituent departments of the State Council after they have been determined or adjusted.
The last sentence of this article codifies the practice of enumerating the cabinet-level departments of the State Council not in a statute like this Law, but in an ad hoc decision of the legislature issued after each State Council reorganization.
Article 12: Each constituent department of the State Council is to have one minister (director, governor, or auditor-general) and two to four vice-ministers (deputy directors, deputy governors, or deputy auditors-general). A commission may have five to ten members.
Each constituent department of the State Council is to practice a system in which the minister (director, governor, or auditor-general) assumes overall responsibility. The minister (director, governor, or auditor-general) directs the work of his or her department; convenes and presides over executive meetings of the ministry (commission, bank, or office); discusses and decides on major issues in the department’s work; and signs important requests for instructions and reports to be submitted to the State Council as well as the orders and directives to be issued. The vice-ministers (deputy directors, deputy governors, and deputy auditors-general) are to assist with the work of the minister (director, governor, or auditor-general).
The deputy secretaries-general of the State Council, vice-ministers of the various ministries, deputy directors of the various commissions, deputy governors of the People’s Bank of China, and deputy auditors-general are to be appointed or removed by the State Council.
Article 13: The State Council may, according to the needs of its work and the principles of optimization, coordination, efficiency, and simplification, and in accordance with prescribed procedures, establish a certain number of directly subordinate bodies to take charge of various specialized work, and establish a certain number of administrative bodies to assist the premier in handling specialized matters. Each body is to have two or five persons in charge, who are to be appointed or removed by the State Council.
Articles 12 and 13 newly codify the State Council’s authority to appoint and remove the deputies of its constituent departments as well as the leadership of other agencies under it.
Article 14: The constituent departments of the State Council shall request instructions from and report to the State Council on the principles, policies, plans, and major administrative measures in their work, which are to be decided by the State Council. In accordance with laws and the State Council’s administrative regulations, decisions, and orders, the competent departments may issue orders and directives within the scope of their respective authorities.
The State Council’s constituent departments and its directly subordinate bodies with administrative management functions, as well as the bodies prescribed by law, may formulate rules within the scope of their respective authorities in accordance with laws and the State Council’s administrative regulations, decisions, and orders.
The second paragraph of this article adopts the Legislation Law’s formulation of the types of State Council agencies that are authorized to issue departmental rules.
🆕 Article 15: The State Council is to exercise unified leadership over the work of the various levels of local organs of state administration throughout the country.
This article incorporates the language in Article 89(4) of the Constitution.
🆕 Article 16: The State Council is to adhere to sound, democratic, and law-based decisionmaking, improve the institutions and systems for administrative decisionmaking, regulate the procedures for major administrative decisionmaking, strengthen the implementation and evaluation of administrative decisionmaking, and improve the quality and efficiency of decisionmaking.
🆕 Article 17: The State Council is to improve the system of administrative oversight; strengthen administrative reconsideration, recording and review, oversight of administrative law enforcement, governmental supervisory inspections, and other such work; adhere to transparency in government affairs; readily submit to oversight by all sides; and strengthen checks on and oversight over the exercise of administrative power.
🆕 Article 18: The constituent members of the State Council shall resolutely uphold the Party Central Committee’s authority and its centralized and unified leadership, obey the Constitution and laws in an exemplary manner, conscientiously discharge their responsibilities, take the lead in opposing pointless formalities and bureaucratism serve the people and stay pragmatic, strictly observe discipline, and demonstrate diligence and integrity.
Articles 16–18 incorporate the key requirements and goals of the official program to build a “law-based government” that are found in high-profile policy documents like the Implementation Outline for Building a Law-Based Government (2021–2025). While there is no specific mechanism in the revised Law to enforce those requirements or achieve those goals, codifying them in a basic statute elevates them to semi-permanent commitments of the government—at the very least on paper—and sends a corresponding signal to the public.
🆕 Article 19: The constituent departments, directly subordinate bodies, and administrative bodies of the State Council shall perform their respective functions, bear their respective responsibilities, enhance coordination, and closely cooperate with one another to ensure that the Party Central Committee’s and the State Council’s work plans are implemented in all aspects.
🆕 Article 20: This Law takes effect on the date of promulgation.
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