Article 1 These Regulations are formulated in accordance with the Constitution and the Organization Law of the State Council in order to standardize the establishment of administrative institutions in the State Council, strengthen the management of staffing and improve administrative efficiency.
Article 2 The establishment and establishment of the State Council's administrative organs shall meet the needs of the country's political, economic and social development and follow the principles of simplification, unification and high efficiency.
Article 3 the State Council shall, in accordance with the provisions of the Constitution and the Organic Law of the State Council, exercise the functions and powers of the establishment and establishment of administrative organs in the State Council.
Under the leadership of the State Council, the administrative department of the State Council is responsible for the establishment and management of administrative institutions in the State Council.
Chapter II Organization Establishment Management
Article 4 The establishment of administrative institutions in the State Council is based on the scientific allocation of functions, so that the functions are clear, the division of labor is reasonable, and the institutions are streamlined, which is conducive to improving administrative efficiency.
According to the needs of national economic and social development and the requirements of the socialist market economic system, the State Council timely adjusted the administrative organs of the State Council; However, during the term of a government, the constituent departments of the State Council should remain relatively stable.
Article 5 The establishment, cancellation or merger of the State Council's administrative agencies shall be demonstrated by the relevant departments and experts organized by the State Council's organization and staffing administration authority in advance.
Article 6 the State Council's administrative organs are divided into the State Council General Office, the State Council's departments, the State Council's directly affiliated institutions, the State Council's offices, the State Council's national administrative organs and the State Council's deliberation and coordination institutions according to their functions.
General Office of the State Council assists leaders of the State Council in handling the daily work of the State Council.
The State Council's constituent departments perform the basic administrative functions of the State Council in accordance with the law. The State Council consists of ministries, commissions, the People's Bank of China and the Audit Office.
The institutions directly under the State Council are in charge of a special business in the State Council and have independent administrative functions.
The General Office of the State Council assists Premier the State Council in handling special matters and has no independent administrative functions.
The state administrative institutions managed by the State Council departments are managed by the State Council departments, which are in charge of specific business and exercise administrative functions.
The State Council's deliberation and coordination body undertakes the task of organizing and coordinating the important business work of various administrative agencies in the State Council. Matters agreed by the deliberation and coordination body of the State Council, with the consent of the State Council, shall be handled by the relevant administrative agencies in accordance with their respective responsibilities. Under special or emergency circumstances, with the consent of the State Council, the the State Council legislature may prescribe temporary administrative measures.
Article 7 According to the provisions of the Organization Law of the State Council, a general office is established in the State Council.
The establishment, cancellation or merger of the State Council's constituent departments shall be proposed by the organization and staffing administration organ of the State Council, discussed and approved by the the State Council executive meeting, and submitted to the National People's Congress for decision by Premier the State Council; When the National People's Congress is not in session, it shall be submitted to the NPC Standing Committee for decision.
Article 8 The establishment, cancellation or merger of the state administrative organs directly under the State Council, the offices in the State Council and the departments managed by the State Council shall be proposed by the organization and staffing administration organ of the State Council and submitted to the State Council for decision.
Article 9 The institutional setup plan of the state administrative organs, institutions directly under the State Council, offices in the State Council and departments in the State Council managed by the State Council shall include the following contents:
(a) the necessity and feasibility of establishing institutions;
(two) the type, name and function of the institution;
(three) the name and function of the internal organs at the department level;
(four) the division of functions of the State Council administrative agencies with similar business;
(5) Establishment of organizational structure.
The revocation or merger plan of the institutions listed in the preceding paragraph shall include the following contents:
(a) the reasons for the cancellation or merger;
(two) the functions of the organization disappear or transfer after the cancellation or merger;
(three) staffing adjustment and personnel diversion after the dissolution or merger of the organization.
Tenth, strictly control the establishment of the State Council deliberation and coordination institutions; If the functions can be entrusted to the existing institutions or the problems can be solved by the existing institutions, no other deliberation and coordination institutions will be established.
The establishment of a deliberative body in the State Council shall specify the specific departments that undertake the functions of handling affairs; The deliberative organ established to handle specific work within a certain period of time shall also clearly stipulate the conditions or time limit for revocation.
Article 11 The establishment, cancellation or merger of the State Council's deliberation and coordination bodies shall be proposed by the organization department of the State Council and submitted to the State Council for decision.
Article 12 After the establishment of the administrative organization of the State Council, if it is necessary to adjust its functions, the organization and staffing administration organ of the State Council shall put forward a plan and submit it to the State Council for decision.
Article 13 The General Office of the State Council, the departments of the State Council, the institutions directly under the State Council and the offices in the State Council are divided into two levels according to their functions, namely, divisions and offices. According to the needs of the work, the state administrative organs managed by various departments in the State Council can set up internal organs at the division level, division level or only at the division level.
Article 14 The addition, cancellation or merger of the internal organs at the division level of the State Council branch shall be examined by the establishment management organ of the State Council and reported to the State Council for approval.
The establishment, cancellation or merger of the internal organs at the division level of the administrative organs in the State Council shall be decided by the administrative organs in the State Council in accordance with the relevant provisions of the state, and shall be reported to the organization and staffing management organ in the State Council for the record on an annual basis.
Article 15 The plan for the establishment of internal organs at the division level of the State Council administrative organs shall include the following items:
(a) The need for additional institutions;
(2) The name and functions of the additional institution;
(3) Division of functions of internal organs at the division level for similar businesses.
The revocation or merger plan of the institutions listed in the preceding paragraph shall include the following contents:
(1) Reasons for the dissolution or merger of the institution;
(two) the functions of the organization disappear or transfer after the cancellation or merger;
(three) the adjustment of the establishment after the dissolution or merger of the organization.
Article 16 The names of the State Council administrative organs and their internal organs at the departmental level shall be standardized and clear, and shall be suitable for the types and functions of the organs.
The State Council administrative agencies and their internal organs at the departmental level shall not change their names without authorization.
Chapter III Institutional Management
Seventeenth the establishment of administrative institutions in the State Council, according to the functional allocation and job classification, according to the principle of simplification.
The establishment mentioned in the preceding paragraph includes the number of personnel and the number of leadership positions.
Article 18 The establishment of administrative institutions in the State Council shall be determined when the administrative institutions in the State Council are established.
The State Council administrative organization planning shall include the following contents:
(a) personnel quota and personnel structure ratio;
(two) the number of institutional leaders and the number of departmental leaders.
Nineteenth the State Council administrative agencies to increase or decrease the establishment, the establishment of the State Council institutions management authority audit program, submitted to the State Council for approval.
Twentieth the State Council deliberation and coordination agencies do not determine the establishment separately, and the required establishment is solved by the the State Council administrative agency that undertakes the specific work.
Article 21 The number of leadership positions in the General Office of the State Council, the constituent departments of the State Council, the institutions directly under the State Council and the offices in the State Council shall be determined in accordance with the provisions of the Organization Law of the State Council. The number of leadership positions in state administrative institutions managed by various departments in the State Council shall be determined with reference to the provisions of the Organization Law of the State Council on the number of leadership positions in institutions directly under the State Council.
The State Council General Office, the constituent departments of the State Council, the institutions directly under the State Council, and the internal organs of the State Council General Office have one leader and two deputies; The number of leadership positions in the internal organs of state administrative organs under the management of various departments in the State Council is one plus two or one plus one according to the needs of the work.
The number of leadership positions in the internal organs of the State Council administrative organs at the departmental level shall be determined in accordance with the relevant provisions of the state.
Chapter IV Supervision and Inspection
Twenty-second the State Council administrative agencies shall supervise and inspect the establishment and implementation of the State Council administrative agencies.
The administrative agency of the State Council shall report to the agency establishment and staffing management of the State Council every year.
Twenty-third the State Council administrative agencies in violation of these regulations, one of the following acts, by the the State Council organization management authority shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the organization and staffing administration organ of the State Council shall advise the relevant departments of the State Council or the State Council to give administrative sanctions to the directly responsible person in charge and other responsible personnel according to law:
(a) unauthorized establishment of internal organs at the departmental level;
(2) expanding its functions without authorization;
(3) changing the name of the institution without authorization;
(four) unauthorized use of personnel beyond the approved establishment;
(five) other acts in violation of laws and administrative regulations on the establishment and establishment of institutions.
Chapter V Supplementary Provisions
Article 24 Measures for the administration of administrative organs and staffing of local people's governments at various levels shall be formulated separately.
The administrative organs of the State Council shall not interfere with the establishment and staffing management of administrative organs of local people's governments at all levels, and shall not require local people's governments at all levels to set up administrative organs corresponding to their business.
Article 25 These Regulations shall come into force as of the date of promulgation.