In accordance with the PRC Constitution, the President and Vice-President are elected by the National People’s Congress (NPC); the NPC decides who will be the Premier subject to the nomination of the President.
In accordance with the decisions of the NPC and its Standing Committee, the President is empowered to promulgate laws, appoint and remove the Premier, Vice Premier, State Councilors, and Ministers of the State Council, award national medals and honorary titles, issue an amnesty, declare a state of emergency, declare a state of war, and issue a mobilization order as well.
The Premier is in charge of the State Council. The State Council is the Central People’s Government, the executive body of the highest organ of State power, and the highest administrative organ of the State.
For more about China's election and congress, please read What's Chinese Legal System?
Reference:
Articles 62, 80 and 85 of the PRC Constitution (2018)
Contributors: CJO Staff Contributors Team