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Constitution of the People's Republic of China

 

In the event that the offices of both the President and the Vice President of the People's Republic of China fall vacant, the National People's Congress shall elect a new President and a new Vice President. Prior to such election, the Chairman of the Standing Committee of the National People's Congress shall temporarily act as the President of the People's Republic of China.

Section III - The State Council

Article 85 The State Council, that is, the Central People's Government, of the People's Republic of China is the executive body of the highest organ of state power; it is the highest organ of the state administration.

Article 86 The State Council is composed of the following:

the Premier; the Vice Premiers; the State Councilors; the Ministers in charge of ministries; the Ministers in charge of commissions; the Auditor General; and the Secretary General.

The Premier assumes overall responsibility for the work of the State Council. The Ministers assume overall responsibility for the work of the ministries and commissions.

The organization of the State Council is prescribed by law.

Article 87 The term of office of the State Council is the same as that of the National People's Congress.

The Premier, Vice-Premiers and State Councilors shall serve no more than two consecutive terms.

Article 88 The Premier directs the work of the State Council. The Vice Premiers and State Councilors assist the Premier in his work.

Executive meetings of the State Council are to be attended by the Premier, the Vice Premiers, the State Councilors and the Secretary General of the State Council.

Article 89 The State Council exercises the following functions and powers:

to adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and the law;

to submit proposals to the National People's Congress or its Standing Committee;

to formulate the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions;

to exercise unified leadership over the work of local organs of state administration at various levels throughout the country, and to formulate the detailed division of functions and powers between the Central Government and the organs of state administration of provinces, autonomous regions, and municipalities directly under the Central Government;

to draw up and implement the plan for national economic and social development of the state budget;

to direct and administer economic affairs and urban and rural development;

to direct and administer the affairs of education, science, culture, public health, physical culture and family planning;

to direct and administer civil affairs, public security, judicial administration, supervision and other related matters;

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