Regulations for the Implementation of the Statistics Law of the People’s Republic of China
National Bureau of Statistics of China2020-08-03 16:12




The Regulations for the Implementation of the Statistics Law of the People’s Republic of China, adopted at the 168th Executive Meeting of the State Council on April 12, 2017, is hereby promulgated and shall be effective as of August 1, 2017.

 

                                                Premier, Li Keqiang

                                                   May 28, 2017    

 

Chapter I  General Provisions

 

Article 1  These Regulations are formulated in accordance with the Statistics Law of the People’s Republic of China (hereinafter referred to as the Statistics Law).

 

Article 2  Statistical data obtained from administrative records shall not be secured through surveys. Where sample surveys and focus surveys can meet the statistical needs, no complete surveys shall be conducted.

 

Article 3  The statistical institutions and the relevant departments of the people’s governments at or above the county level shall strengthen research on statistics, improve statistics on emerging industries, among others, improve economic, social, scientific and technological, resource and environmental statistics, and promote the application of the internet, big data, cloud computing and other modern information technologies to statistical work, so as to meet the needs of economic and social development.

 

Article 4  The local people’s governments and the statistical institutions and the relevant departments of the people’s governments at or above the county level shall, in accordance with the relevant provisions of the State, affirm the bodies responsible for preventing and punishing statistical fabrication and falsification, and implement the provisions of the Statistics Law and these Regulations to the letter.

 

The local people’s governments and the statistical institutions and the relevant departments of the people’s governments at or above the county level and their persons in charge shall guarantee statistical activities that are carried out in accordance with the law, and shall not infringe upon statistical institutions and statistical staffs’ independent exercise of their functions and powers with regard to statistical surveys, statistical reports and statistical supervision, and shall not illegally interfere with the provision of statistical data by those under statistical survey, or practice statistical fabrication or falsification.

 

Those under statistical survey shall, in accordance with the Statistics Law and the relevant provisions of the State, provide truthful, accurate and complete statistical data in a timely manner, and refuse and resist falsification and other violations of law.

 

Article 5  The statistical institutions and the relevant departments of the people’s governments at or above the county level shall not conduct for-profit statistical surveys.

 

The State shall promote in a planned way that the statistical institutions and the relevant departments of the people’s governments at or above the county level conduct statistical surveys and data development through the procurement of services from the public.

 

Chapter II  Statistical Survey Projects

 

Article 6  The main content of departmental and local statistical survey projects shall not overlap or contravene national statistical survey projects.

 

Article 7  Statistical survey project formulators (hereinafter referred to as formulators) shall demonstrate whether the survey projects they propose are necessary, feasible and scientific, solicit the opinions of the relevant localities, departments, survey respondents, and experts, and make decisions through collective deliberation in accordance with the conference system.

 

Pilot programs shall be conducted for important statistical survey projects.

 

Article 8  In applying for the approval of their statistical survey projects, formulators shall submit to the review and approval authorities statistical survey project application forms, the  statistical survey programme for the project, and explanations on the sources of funding as an official document.

 

Where application materials are incomplete or do not conform to the legal form, the review and approval authorities shall inform the applicants of all required supplements and corrections all at once, and the formulators shall make supplements and corrections in accordance with the requirements of the review and approval authorities.

 

Where application materials are complete and conform to the legal form, the review and approval authorities shall accept the applications.

 

Article 9  Where a statistical survey project meets the following conditions, the review and approval authorities shall make a decision of approval in writing:

 

(1) It has the legal basis or is truly necessary for public administration and services.

 

(2) It does not overlap or contravene the main content of any statistical survey project they have approved or put on file.

 

(3) The main statistical indicators cannot be obtained by processing administrative records or existing statistical survey data.

 

(4) The statistical survey system complies with statistical laws and regulations and is scientific, reasonable and feasible.

 

(5) The statistical standards proposed comply with the relevant provisions of the State.

 

(6) The formulator is able to implement the project.

 

If a statistical survey project fails to meet the conditions prescribed in the preceding paragraph, the review and approval authority shall propose the formulator to revise it; and if the revised statistical survey project still fails to meet the conditions prescribed in the preceding paragraphs, the review and approval authority shall make a decision of disapproval in writing and explain the reasons therefor.

 

Article 10  Where a statistical survey project involves the functions of other departments, the review and approval authority shall solicit the opinions of the relevant departments before making a decision of approval or disapproval.

 

Article 11  The review and approval authority shall make a decision within 20 days of accepting a statistical survey project application. If it cannot make a decision within 20 days, the time limit may be extended by 10 days upon approval by the leader of the review and approval authority, and the formulator shall be notified of the reasons for the extension.

 

The time necessary for the formulator to revise the statistical survey project shall not be included in the time limit for review and approval.

 

Article 12  In applying for the record-filing of its statistical survey project, the formulator shall submit the statistical survey project record-filing application and the statistical survey programme to the record-filing authority as an official document.

 

Where the survey respondents of the statistical survey project are under the jurisdiction of the formulator, and the main content of the project does not overlap or contravene the statistical survey projects that have been approved or put on file, the record-filing authority shall grant the project a record-filing number in accordance with the law.

 

Article 13  Where a statistical survey project is approved or put on file, the review and approval authority or the record-filing authority shall publicize in a timely manner the project and the main content of its survey system with the exception of those involving State classified information.

 

Article 14  Where a statistical survey project is in any of the following circumstances, the review and approval authority or the record-filing authority shall simplify the review and approval procedures or the record-filing procedures and shorten the time limit:

 

 (1) When emergencies occur, statistical surveys must be conducted immediately.

 

 (2) The period of validity of the statistical survey project needs to be extended upon expiration but the statistical survey programme remains unchanged.

 

Article 15  The State statistical standards prescribed in paragraph 2 of Article 17 of the Statistics Law are mandatory. In conducting statistical surveys, the people’s governments at all levels, the statistics institutions and the relevant departments of the people’s governments at or above the county level shall comply with the State statistical standards.

 

To formulate State statistical standards, the relevant departments of the State Council shall be consulted.

 

Chapter III  Conducting Statistical Surveys

 

Article 16  In conducting statistical surveys, statistical institutions and statistical staffs shall explain to survey respondents their legal obligations to fill out questionnaires, the main indicators, relevant requirements for filling out the questionnaires, etc.

 

Article 17  The statistical data provided by government agencies, enterprises, public institutions and other organizations shall be signed by those who filled out the questionnaires and the leaders of their entities, and be affixed with the entities’ official seals. The statistical data provided by individual survey respondents shall be signed by the individuals. This Article does not apply to the surveys for which the statistical survey programme does not require signatures and official seals.

 

The online provision of statistical data by survey respondents shall be governed by relevant State provisions.

 

Article 18  The statistical institutions and the relevant departments of the people’s governments at or above the county level shall take effective cybersecurity measures when promoting the use of the online reporting system.

 

Article 19  The statistical institutions and the relevant departments of the people’s governments at or above the county level and town and township statistical staffs shall verify the statistical data from their survey respondents. For incompleteness or obvious errors of statistical data, the survey respondents shall supplement or correct the data in accordance with the law.

 

Article 20  The National Bureau of Statistics shall establish a sound monitoring and evaluation system for statistical data quality, and strengthen the monitoring and evaluation of the important statistical data of all provinces, autonomous regions and municipalities directly under the central government.

 

Chapter IV  Administration and Publication of Statistical Data

 

Article 21  The statistical institutions and the  relevant departments of the people’s governments at or above the county level, and the town and township people’s governments shall keep safe the statistical data obtained in statistical surveys.

 

The State shall establish a statistical data backup system for disaster recovery.

 

Article 22  The original data obtained from survey respondents in statistical surveys shall be kept for at least two years.

 

Tabulated statistical data shall be kept for at least ten years, and important tabulated statistical data shall be kept permanently. Where there are other stipulations in any law or regulations, those stipulations shall apply.

 

Article 23  The original records and statistical ledgers made by statistical survey respondents in accordance with the relevant provisions of the State shall be kept for at least two years.

 

Article 24  The national statistical data and the statistical data on provinces, autonomous regions and municipalities directly under the central government obtained by the National Bureau of Statistics in its statistical surveys shall be published by the National Bureau of Statistics or its dispatched survey agencies or the statistical institutions of the people’s governments at the provincial level authorized by the National Bureau of Statistics.

 

Article 25  The statistical data obtained by the relevant departments of the State Council in their statistical surveys shall be published by these departments in accordance with the relevant State provisions and the statistical survey systems that have been approved or put on file.

 

The publication of the statistical data obtained by the relevant departments of the local people’s governments at or above the county level in their statistical surveys shall be governed by the provision of the above paragraph.

 

Article 26  Where published statistical data needs to be revised in accordance with the relevant State provisions, the statistical institutions and the relevant departments of the people’s governments at or above the county level shall publish the revised data in a timely manner, and explain the revisions and the basis on which they were made.

 

Article 27  The statistical institutions and the relevant departments of the people’s governments at or above the county level shall publish in a timely manner the definitions of major statistical indicators, survey coverage, survey methods, computing methods, the sample size of sampling surveys and other information, and explain the statistical data.

 

Article 28  Statistical data shall be published in accordance with the relevant State provisions. No entity or individual may offer others statistical data that has not been published in violation of the relevant provisions of the State, or seek undue interests by using the statistical data that has not been published.

 

Article 29  The data through which the identities of individual statistical survey respondents can be identified or inferred prescribed in Article 25 of the Statistics Law shall include:

 

(1) the data that directly indicates the identities of individual statistical survey respondents;

 

(2) the data that indicates the addresses, codes and other relevant information through which the identities of individual statistical survey respondents can be identified or inferred, though it does not directly indicate their identities; and

 

(3) the tabulated data that makes it possible to infer the identities of individual statistical survey respondents.

 

Article 30  The data from statistical surveys, which can identify or infer individual statistical survey respondents, shall be administered strictly in accordance with the law, and except for being used as the basis of statistical law enforcement, shall not be directly used as the basis of the administrative licensing, administrative penalties and other specific administrative actions against statistical survey respondents, or be used for purposes other than completion of statistical tasks.

 

Article 31  The State shall establish a sound statistical information-sharing system to share the data obtained through statistical surveys by the statistical institutions and the relevant departments of the people’s governments at or above the county level. Formulators may jointly use the statistical data obtained in the statistical survey projects jointly created.

 

The statistical survey system shall specify the content, means, time limits, channels, responsibilities and other things for sharing statistical information.

 

Chapter V  Statistical Institutions and Their Staffing

 

Article 32  The statistical institutions of the local people’s governments at or above the county level shall be under the dual leadership of the people’s governments at the same level and the statistical institutions of the people’s governments at the next higher level, and be primarily led by the statistical institutions of the people’s governments at the next higher level in terms of their statistics work.

 

The town and township people’s governments shall set up statistical posts, and employ full- or part-time statistical staffs to perform statistical duties, and be subject to the leadership of the statistical institutions of the people’s governments at the next higher level in terms of their statistics work. Town and township statistical staff shall not be transferred without the approval of the statistical institutions of the people’s governments at the county level.

 

The relevant departments of the people’s governments at or above the county level shall be subject to the guidance of the statistical institutions of the people’s governments at the same level in terms of statistics work.

 

Article 33  The statistical institutions and the relevant departments of the people’s governments at or above the county level shall accomplish the State statistical survey tasks, implement the statistical survey system for State statistical survey projects, and conduct the statistical surveys of their localities and departments.

 

Article 34  State bodies, enterprises, public institutions and other organizations shall strengthen their fundamental statistics work, and provide the organizational, personnel and working conditions for performing the legal obligations of submitting statistical data.

 

Article 35  Entities and individuals that have made outstanding contributions to statistics work and achieved remarkable results shall be commended and rewarded in accordance with the relevant State provisions.

 

Chapter VI  Supervision and Inspection

 

Article 36  The statistical law enforcement personnel of the statistical institutions of the people’s governments at or above the county level shall have the necessary knowledge about law and statistics, participate in statistical law enforcement training, and obtain the statistical law enforcement certificates from the National Bureau of Statistics.

 

Article 37  No entity or individual may refuse or obstruct the supervision and inspection of statistics work and the investigation and punishment of any violation of statistical laws, or shield or connive at any violation of statistical laws.

 

Article 38  Any entity and individual shall have the right to report violations of statistical laws to the statistical institutions of the people’s governments at or above the county level.

 

The statistical institutions of the people’s governments at or above the county level shall make public the methods and channels for reporting violations of statistical laws, accept, verify and handle such reports in accordance with the law, and keep confidential the information of the reporters.

 

Article 39  The statistical institutions of the people’s governments at or above the county level shall take charge of investigating and punishing violations of statistical laws. Where laws or administrative regulations provide otherwise for the relevant departments’ investigation and punishment of violations of statistical laws, such provisions shall prevail.

 

Chapter VII  Legal Liability

 

Article 40  The following circumstances shall constitute a form of “neglecting their supervisory duty with respect to major violations of statistical law” prescribed in Article 37 subparagraph (4) of the Statistics Law, and the leaders of the local people’s governments, government statistical institutions or relevant departments or entities responsible for them shall be given disciplinary actions by appointment and removal authorities or supervisory authorities, and the statistical institutions of the people’s governments at or above the county level shall circulate a notice of criticism thereon:

 

(1) Statistical fabrication or falsification occurs on a large scale or continuously in their respective localities, departments or entities.

 

(2) The statistical data of their respective localities, departments or entities are seriously untrue, which should have been identified.

 

(3) The statistical data of their respective localities, departments or entities fail to be corrected though such data have been found seriously untrue.

 

Article 41  Where a statistical institution or relevant department of the people’s governments at or above the county level conducts any for-profit statistical survey, the people’s government at the same level, the statistical institution of the people’s government at the next higher level, or the statistical institution of the people’s government at the same level shall order it to take corrective action, and circulate a notice of criticism thereupon. Where it obtains any illegal income, the illegal income shall be confiscated.

 

Article 42  Where a local people’s government at any level, the statistical institution or a relevant department of a people’s government at or above the country level or the leader thereof infringes upon any statistical institution or statistical staff’s independent exercise of its or his/her functions and powers with regard to statistical  surveys, statistical reports or statistical supervision, or incites, instigates, or compels any statistical survey respondent or any other entity or individual to fabricate statistical data by means such as documents and meetings, the people’s government at the next higher level, the people’s government at the same level, the statistical institution of the people’s government at the next higher level or the statistical institution of the people’s government at the same level shall order it or him/her to take corrective action, and circulate a notice of criticism thereupon.

 

Article 43  Where the statistical institution or a relevant department of a people’s government at or above the county level conducts any of the following acts when conducting any statistical survey, the people’s government at the same level, the statistical institution of the people’s government at the next higher level, or the statistical institution of the people’s government at same level shall order it to take corrective action, and circulate a notice of criticism thereupon:

 

(1) Illegally formulating or approving or putting on file a statistical survey project.

 

(2) Failing to publish as required the main content of the statistical survey project approved or put on file or its statistical survey programme.

 

(3) Failing to implement the State statistical standards.

 

(4) Failing to implement the statistical survey programme.

 

(5) Modifying the statistical data of an individual statistical survey respondent without authorization.

 

Where a town or township statistical staff conducts any of the acts listed in (3) through (5) of the above subparagraphs, he/she shall be ordered to take corrective action, and be given disciplinary action in accordance with the law.

 

Article 44  Where the statistical institution or a relevant department of a people’s government at or above the county level publishes statistical data in violation of the provisions of Article 24 or Article 25 of these Regulations, the people’s government at the same level, the statistical institution of the people’s government at the next higher level, or the statistical institution of the people’s government at same level shall order it to take corrective action, and circulate a notice of criticism thereupon.

 

Article 45  Where anyone offers others the statistical data that have not been published in violation of the relevant State provisions or profiteers by using the statistical data that have not been published, the appointment and removal authority or the supervisory authority shall take disciplinary action against the violator in accordance with the law, and the statistical institution of a people’s government at or above the county level shall circulate a notice of criticism thereon.

 

Article 46  Where a statistical institution or any of its staff members conducts any of the following acts, the people’s government at same level or the statistical institution of the people’s government at the next higher level shall order it or him/her to take corrective action, and circulate a notice of criticism thereupon:

 

(1) Refusing or obstructing the supervision and inspection of statistics work or the investigation and punishment of any violation of statistical laws.

 

(2) Shielding or conniving at any violation of statistical laws.

 

(3) Divulging secret information to any entity or individual that violates statistical laws, and helping it or him/her evade investigation and punishment.

 

(4) Failing to accept, verify or handle the reports on violations of statistical laws in accordance with the law.

 

(5) Divulging reports on violations of statistical laws.

 

Article 47  Where a relevant department of a local people’s government at any level or a people’s government at or above the county level refuses or obstructs the supervision and inspection of statistics work, or transfers, conceals, tampers with, destroys or discards original records or vouchers, statistical ledgers, statistical survey questionnaires or other relevant certificates or materials, the people’s government at the next higher level, the statistical institution of the people’s government at the next higher level or the statistical institution of the people’s government at the same level shall order it to take corrective action, and circulate a notice of criticism thereupon.

 

Article 48  Where a local people’s government at any level, or the statistical institution or a relevant department of a people’s government at or above the county level commits any of the violations of law listed in Articles 41 through 47 of these Regulations, the appointment and removal authority or the supervisory authority shall take disciplinary actions against the directly responsible leader and other direct violators in accordance with the law.

 

Article 49  Where a town or township people’s government conducts any of the acts listed in paragraph 1 of Article 38 and paragraph 1 of Article 39 of the Statistics Law, it shall be held legally liable in accordance with Articles 38 and 39 of the Statistics Law.

 

Article 50  The following circumstances shall fall within the scope of the acts of a serious nature prescribed in paragraph 2 of Article 41 of the Statistics Law:

 

(1) Refusing or obstructing statistical surveys or statistical supervision and inspection by force or menace.

 

(2) Refusing or obstructing statistical surveys or statistical supervision and inspection, which severely impacts the normal implementation of the relevant work.

 

(3) Providing untrue or incomplete statistical data, which causes serious consequences or adverse effects.

 

(4) Conducting any of the violations listed in paragraph 1 of Article 41 of the Statistics Law, and being ordered to take corrective action three times or more within one year.

 

Article 51  Where any violation of statistical law is suspected of any crime, the statistical institution of the people’s government at or above the county level shall refer the case to the judicial organ for handling.

 

Chapter VIII  Supplementary Provisions

 

Article 52  Where any organization or individual outside the territory of the People’s Republic of China needs to carry out any statistical survey within the territory of the People’s Republic of China, it or he/she shall authorize an institution qualified for foreign-related statistical survey within the territory of the People’s Republic of China to carry out the statistical survey. The foreign-related statistical survey qualification shall be subject to approval in accordance with the law. Where the statistical survey scope is limited to the administrative area of a province, autonomous region, or municipality directly under the central government, it shall be approved by the statistics institution of a people’s government at the provincial level; and where the statistical survey scope is beyond one province, autonomous region or municipality directly under the central government, it shall be approved by the National Bureau of Statistics.

 

A foreign-related social survey project shall be subject to approval in accordance with the law. Where the statistical survey scope is limited to the administrative area of a province, autonomous region, or municipality directly under the central government, it shall be approved by the statistics institution of a people’s government at the provincial level; and where the statistical survey scope is beyond one province, autonomous region or municipality, it shall be approved by the National Bureau of Statistics.

 

Article 53  Where the National Bureau of Statistics or the statistical institution of the people’s government at the provincial level conducts survey against any violation of statistical laws, it shall have the right to take the measures prescribed in Article 35 of the Statistics Law.

 

Article 54  Any entity or individual that illegally engages in any foreign-related statistical survey shall be ordered by the National Bureau of Statistics or the statistics institution of a provincial people’s government to take corrective action or stop the survey. Where it or he/she obtains any illegal income, the illegal income shall be confiscated. Where the illegal income is 500,000 yuan or more, a fine of not less than one time but not more than three times the illegal income shall be imposed. Where the illegal income is less than 500,000 yuan, or there is no illegal income, a fine of not more than 2 million yuan shall be imposed.  Where the violations are serious, the foreign-related statistical survey qualification shall be suspended or canceled, and the decision on approval of the foreign-related social survey project shall be revoked. Where a crime is constituted, the violator shall be held legally liable in accordance with the law.

 

Article 55  These Regulations shall become effective as of August 1, 2017. The Rules for the Implementation of the Statistics Law of the People’s Republic of China approved by the State Council on January 19, 1987 and issued by the National Bureau of Statistics on February 15, 1987, revised upon approval by the State Council on June 2, 2000 and issued by the National Bureau of Statistics on June 15, 2000, and revised by the State Council on December 16, 2005, shall be repealed simultaneously.

 

Annex
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