The President of the PRC

Article 79

The president and the vice president of the PRC shall be elected by the NPC.

Citizens of the PRC who have the right to vote and stand for election and who have reached the age of 45 are eligible for election as president or vice president of the PRC.

The president and the vice president of the PRC shall have the same term of office as that of the NPC.

Article 80

The president of the PRC, pursuant to decisions of the NPC and the NPC Standing Committee:

• promulgates laws
• appoints or removes the premier, vice premiers, state councilors, ministers of ministries, ministers of commissions, the auditor general and the secretary general of the State Council
• confers national medals and titles of honor
• issues orders of special pardon
• declares a state of emergency or a state of war
• issues mobilization orders.

Article 81

The president of the PRC engages in affairs of state and receives foreign diplomatic envoys on behalf of the PRC and, pursuant to decisions of the NPC Standing Committee, appoints or recalls plenipotentiary representatives abroad and ratifies or abrogates treaties and important agreements concluded with foreign countries.

Article 82

The vice president of the PRC shall assist the president in his or her work.

The vice president of the PRC may, when so entrusted by the president, exercise part of the functions and powers of the president on his or her behalf.

Article 83

The president and the vice president of the PRC shall exercise their functions and powers until the president and the vice president elected by the next NPC assume office.

Article 84

In the event that the office of president of the PRC becomes vacant the vice president shall succeed to the office of president.

In the event that the office of vice president of the PRC becomes vacant the NPC shall elect a new vice president to fill the vacancy.

In the event that the offices of both president and vice president of the PRC become vacant the NPC shall elect a new president and a new vice president; prior to their election, the chairperson of the NPC Standing Committee shall temporarily act as the president.

Section 3: The State Council

Article 85

The State Council of the PRC, namely, the Central People’s Government, is the executive organ of the highest state organ of power; it is the highest state administrative organ.

Article 86

The State Council is composed of:

• a premier,
• vice premiers,
• state councilors,
• ministers of ministries,
• ministers of commissions,
• an auditor general, and
• a secretary general.

The State Council follows a premier responsibility system. The ministries and commissions follow a minister responsibility system.

The organization of the State Council shall be prescribed by law.

Article 87

The State Council shall have the same term of office as that of the NPC.

The premier, vice premiers and state councilors shall serve no more than two consecutive terms.

Article 88

The premier shall direct the work of the State Council. The vice premiers and state councilors shall assist the premier in his or her work.

The premier, vice premiers, state councilors and the secretary general shall attend State Council executive meetings.

The premier shall convene and preside over State Council executive meetings and State Council plenary meetings.

Article 89

The State Council has the following functions and powers:

1. stipulating administrative measures, formulating administrative regulations and issuing decisions and orders in accordance with the Constitution and the law;
2. submitting proposals to the NPC or the NPC Standing Committee;
3. stipulating the missions and responsibilities of the ministries and commissions, exercising unified leadership over their work, and directing national administrative work that does not fall within the responsibilities of the ministries and commissions;
4. exercising unified leadership over the work of local state administrative organs at all levels nationwide and stipulating the detailed division of functions and powers between the Central Government and state administrative organs in provinces, autonomous regions and cities directly under central government jurisdiction;
5. drawing up and implementing plans for national economic and social development and state budgets;
6. directing and managing economic work, urban and rural development and ecological conservation;
7. directing and managing education, science, culture, health, sports and family planning work;
8. directing and managing work such as civil affairs, public security and judicial administration;
9. managing foreign affairs and concluding treaties and agreements with foreign countries;
10. directing and managing the development of national defense;
11. directing and managing ethnic affairs and protecting the equal rights of ethnic minorities and the power to self-govern of ethnic autonomous areas;
12. protecting the legitimate rights and interests of Chinese nationals overseas and protecting the lawful rights and interests of returned overseas Chinese nationals and the family members in China of Chinese nationals overseas;
13. changing or revoking inappropriate orders, directives and regulations issued by ministries or commissions;
14. changing or revoking inappropriate decisions and orders issued by local state administrative organs at all levels;
15. approving the geographic division of provinces, autonomous regions and cities directly under central government jurisdiction and approving the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities;
16. deciding, in accordance with the provisions of law, on entering a state of emergency in parts of provinces, autonomous regions and cities directly under central government jurisdiction;
17. reviewing and deciding on the staff size of administrative organs and, in accordance with the provisions of law, appointing or removing, training, evaluating, and awarding or punishing administrative personnel; and
18. other functions and powers accorded to it by the NPC and the NPC Standing Committee.

Article 90

State Council ministers of ministries and ministers of commissions shall be responsible for the work of their departments, and shall convene and preside over ministerial meetings or general and executive commission meetings to discuss and decide on major issues in their departments’ work.

Ministries and commissions shall, in accordance with the law and the administrative regulations, decisions and orders of the State Council, issue orders and directives and promulgate regulations within the scope of their authority.

Article 91

The State Council shall establish an audit office to conduct auditing oversight over the revenue and expenditure of all State Council departments and local governments at all levels, and over the revenue and expenditure of all state financial institutions, enterprises and public institutions.

The audit office shall, under the leadership of the premier of the State Council, independently exercise the power to conduct auditing oversight in accordance with the provisions of law, and shall not be subject to interference from other administrative organs, social organizations or individuals.

Article 92

The State Council shall be responsible to the NPC and shall report to the Congress on its work; when the NPC is out of session it shall be responsible to the NPC Standing Committee and shall report to the Standing Committee on its work.