Constitution of the peoples Republic of China 中华人民共和国宪法

public of China, in pursuance of the decisions of the National people's Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers State medals and titles of honour; issues orders of special pardons; proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders.

　　Article 81 The President of ht people's Republic of China, on behalf of the people's Republic of China, engages in activities involving State affairs and receives foreign diplomatic representatives and, in pursuance of the decisions of the Standing Committee of the National people's Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states.

　　Article 82Teh Vice-President of the people's Republic of China assists the President in his work.

　　The Vice-President of the People's Republic of China may exercise such functions and powers of the President as the President may entrust to him.

　　Article 83 The President and Vice-President of the people's Republic of China exercise their functions and powers until the new President and Vice-President elected by the succeeding National people's Congress assume office.

　　Article 84 In the event that the office of the President of the People's Republic of China falls vacant, the Vice-President succeeds to the office of the President.

　　In the event that the office of the Vice-President of the People's Republic of China falls vacant, the National People's Congress shall elect a new Vice-President to fill the vacancy.

　　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 3 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 State administration.

　　Article 86 The State Council is composed of the following:

　　The premier;

　　The Vice-Premiers;

　　The State Councillors;

　　The Ministers in charge of ministries;

　　The Ministers in chare of commissions;

　　The Auditor-General ;and

　　The Secretary-General.

　　The Premier assumes overall responsibility for the work of the Sta

te 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 Councillors shall serve no more than two consecutive terms.

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

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

　　The Premier convenes and presides over the executive meetings and plenary meetings of the State Council.

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

　　(1) to adopt administrative measures, enact administrative regulations and issue decisions and orders in accordance with the Constitution and other laws;

　　(2) to submit proposals to the National people's Congress or its Standing Committee;

　　(3) to formulate the tasks and responsibilities of the4 4ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions;

　　(4) 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;

　　(5) to draw up and implement the plan for national economic and social development and the State budget;

　　(6) to direct and administer economic affairs and urban and rural development;

　　(7) to decide and administer the affairs of education, science, culture public health, physical culture and family planning;

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

　　(9) to conduct foreign affairs and conclude treaties and agreements with foreign states;

　　(10) to direct and administer the building of national defence;

　　(11) to direct and administer affairs concerning the nationalities and to safeguard the equal rights of minority nationalities and the right to autonomy of the national autonomous areas

　　(12) to protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad;

　　(13) to alter or annul inappropriate orders, directives and regulations issued by the ministries of commissions;

　　(14) to alter of annul inappropriate decisions and orders issued by local organs of State administration at various levels;

　　(15) to approve the geographic divisions of province, autonomous regions, and municipalities directly under the central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties, and cities;

　　(16) in accordance with the provisions of law, to decide on entering into the state of emergency in parts of provinces, autonomous regions, and municipalities directly under the Central Government;

　　(17) to examine and decide on the size of administrative organs and, in accordance with the provisions of law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and

　　(18) to exercise such other functions and powers as the National p

eople's Congress or its Standing Committee may assign to it.

　　Article 90 Ministers in charge of the ministries of commissions of the State Council are responsible for the work of their respective departments and they convene and preside over ministerial meetings or general and executive meetings of the commissions to discuss and decide on major issues in the work of their respective departments.

　　The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with law and the administrative regulations, decisions and orders issued by the State Council.

　　Article 91 The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at various levels, and the revenue and expenditure of all financial and monetary organizations, enterprises and institutions of the State.

　　Under the direction of the Premier of the State Council and in accordance with the provisions of law, the auditing body independently exercises its power of supervision through auditing, subject to no interference by any other administrative organ or any public organization or individual.

　　Article 92 The State Council is responsible and reports on its work to the National people's Congress or, when the National people's Congress is not in session, to its Standing Committee.

　　Section 4 The Central Military Commission

　　Article 93 The Central Military Commission of the People's Republic of China directs the armed forces of the country.

　　The Central Military Commission is composed of the following:

　　the Chairman;

　　the Vice-Chairman; and

　　the member.

　　The Chairman assumes responsibility for the work of the Central Military Commission.

　　The term of office of the Central Military Commission is the same as that of the National People's Congress.

　　Article 94 The Chairman of the Central Military Commission is responsible to the National people's Congress and its Standing Committee.

　　Section 5 The Local People's Congresses and Local

　　People's Governments at Various Levels

　　Article 95 People's congresses and people's governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships, and towns.

　　The organization of local people's congresses and local people's governments at various levels is prescribed by law.

　　Organs of self-government are established in autonomous regions autonomous prefectures and autonomous counties. The organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in Sections 5and 6 of Chapter Ⅲ

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