The State Council, or the Central People's Government, is the highest organ of state administration. It carries out laws and statutes adopted by the NPC and its Standing Committee, and takes responsibility and reports its work to them.

The State Council is composed of the premier, vice premiers, state councilors, ministers in charge of ministries or commissions, the auditor general and the secretary general. The premier of the State Council is nominated by the president, decided by the NPC, and appointed and removed by the president. Other members of the State Council are nominated by the premier, decided by the NPC or its Standing Committee, and appointed and removed by the president. The term of office of the State Council is five years, and its members shall serve no more than two consecutive terms.

Under the current Constitution, the State Council exercises such functions and powers as administrative legislation, submitting proposals, administrative leadership, administration of economic affairs, diplomatic administration, social administration, and other functions and powers assigned by the NPC and its Standing Committee.

On March 16, 2003, PRC President Hu Jintao issued Presidential Decree No.1, appointing Wen Jiabao as premier of the State Council in accordance with a resolution of the First Session of the 10th NPC.
In light of Article 62 of the Constitution, Premier Wen Jiabao nominated candidates for vice premiers, state councilors, ministers, the governor of the People's Bank of China, the auditor general and the secretary general of the State Council to the First Session of the 10th NPC on March 17. The session voted in favor of Huang Ju, Wu Yi (female), Zeng Peiyan and Hui Liangyu as vice premiers and Zhou Yongkang, Cao Gangchuan, Tang Jiaxuan, Hua Jianmin and Chen Zhili (female) as state councilors.

The others in the lineup of the State Council are:
Secretary General: Hua Jianmin (concurrently)
Minister of Foreign Affairs: Li Zhaoxing
Minister of National Defense: Cao Gangchuan (concurrently)
Minister in charge of the National Development and Reform Commission: Ma Kai
Minister of Education: Zhou Ji
Minister of Science and Technology: Xu Guanhua
Minister in charge of the Commission of Science, Technology and Industry for National Defense: Zhang Yunchuan
Minister in charge of the State Ethnic Affairs Commission: Li Dek Su (Korean)
Minister of Public Security: Zhou Yongkang (concurrently)
Minister of State Security: Xu Yongyue
Minister of Supervision: Li Zhilun
Minister of Civil Affairs: Li Xueju
Minister of Justice: Zhang Fusen
Minister of Finance: Jin Renqing
Minister of Personnel: Zhang Bolin
Minister of Labor and Social Security: Zheng Silin
Minister of Land and Resources: Tian Fengshan
Minister of Construction: Wang Guangtao
Minister of Railways: Liu Zhijun
Minister of Communications: Zhang Chunxian
Minister of Information Industry: Wang Xudong
Minister of Water Resources: Wang Shucheng
Minister of Agriculture: Du Qinglin
Minister of Commerce: Lu Fuyuan
Minister of Culture: Sun Jiazheng
Minister of Health: Wu Yi (concurrently, female)
Minister in charge of the State Commission for Population and Family Planning: Zhang Weiqing
Governor of the People's Bank of China: Zhou Xiaochuan
Auditor General of the National Audit Office: Li Jinhua