Tag: State Council Organic Law

NPC 2024: Annotated Translation of the Revised State Council Organic Law

Li Qiang presides over the second plenary meeting of the State Council on August 16, 2023.

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).

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NPCSC Session Watch: Chinese-Style Constitutional Review, Legislative Oversight, Charity Regulation, Border Health, Emergency Management & Mineral Resources (Updated)

China’s top legislature, the 14th NPC Standing Committee (NPCSC), will convene for its seventh session from December 25 to 29, the Council of Chairpersons decided on Monday, December 18. The session’s tentative agenda includes twelve legislative bills, which we preview below.

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NPCSC Session Watch: Patriotic Education, State Council’s Governing Statute, State Secrets, Defense Minister Replacement & Legislative Aftermath of Covid-19

UPDATE (Oct. 24, 2023): On October 24, the NPCSC approved a revision to the Marine Environmental Protection Law and passed the Patriotic Education Law. Both will take effect on January 1, 2024.

In addition, the NPCSC adopted a decision authorizing the State Council to allow local governments to issue bonds within 60% of their annual new bond quotas before the NPC approves their annual debt ceilings for the next five years. It also approved an adjustment to the 2023 central government budget, authorizing the issuance of RMB 1 trillion of special treasury bonds for post-disaster reconstruction and related projects.

Finally, the NPCSC decided to remove Li Shangfu as defense minister, state councilor, and member of the Central Military Commission. It also removed Qin Gang from his state councilor position, after having removed him as foreign minister in July.

Before getting to the news, a note on our new link-archiving policy: After the NPC website’s recent URL change had created an acute link-rot problem for us, we announced a plan to deal with this particular incident and to prevent link rot going forward. One big change you will likely notice is that, with some exceptions, online sources subject to mainland China’s censorship regime (including all government websites) will be archived using perma.cc. Those visiting from mainland China should be aware, however, that perma.cc is blocked by the Great Fire Wall.

China’s top legislature, the 14th NPC Standing Committee (NPCSC), will convene for its sixth session from October 20 to 24, the Council of Chairpersons decided on Friday, October 13. The session will tentatively discuss ten legislative bills, in addition to a potential motion to replace China’s current defense minister. We preview these agenda items below.

Continue reading “NPCSC Session Watch: Patriotic Education, State Council’s Governing Statute, State Secrets, Defense Minister Replacement & Legislative Aftermath of Covid-19” →