Contents
The Statistics Law of the People’s Republic of China adopted at the Third Meeting of the Standing Committee of the Sixth National People’s Congress on December 8, 1983, amended in accordance with the Decision of the Standing Committee of the National People’s Congress on Amending the Statistics Law of the People’s Republic of China adopted on May 15, 1996, and revised at the Ninth Meeting of the Standing Committee of the Eleventh National People’s Congress on June 27, 2009) Edited by GWBMA
Contents
Chapter I General Provisions
Chapter II Administration of Statistical Investigations
Chapter III Administration and Publication of Statistical Data
Chapter IV Statistics institutions and Statisticians
Chapter V Supervision and Examination
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to organize statistical work in a scientific and effective manner, ensure the truthfulness, accuracy, completeness, and timeliness of statistical data, bring into play the important role of statistics in comprehending the actual conditions and strength of the country as well as in giving service to economic and social development, and promote the progress of the socialist modernization.
Article 2 This Law shall be applicable to statistical activities organized and implemented by the people’s governments at all levels, the statistics institutions of the local people’s governments at or above the county level, and the departments concerned.
The fundamental task of statistical work is to make statistical investigation and analysis of economic and social development, to provide statistical data and advice, and to exercise statistical supervision.
Article 3 The State shall establish a centralized and unified statistical system, with a statistical administrative structure under unified leadership and with each level assuming responsibility for its own work.
Article 4 The State Council, local people’s governments at various levels and the departments concerned shall strengthen the organization and leadership over statistical work, provide the necessary guarantee for statistical work.
Article 5 The State shall strengthen scientific research in respect of statistical work, improve the scientific system for statistical indices, and constantly improve the method of statistical investigation in order to make statistics more scientific.
The State shall, in a planned way, strengthen the development of statistical information and promote the advancement of the techniques for gathering, processing, transmitting, sharing and storing statistical information and the modernization of the statistical database system.
Article 6 Statistics institutions and statisticians shall, independently and free from interference, exercise their functions and powers with regard to statistical investigations, statistical reports, and statistical supervision in accordance with the provisions of this Law.
No persons who are in charge of local people’s governments at various levels, statistics institutions or relevant departments of people’s governments or who are in charge of various entities, shall revise, without authorization, the statistic data collected and compiled by statistics institutions and statisticians in accordance with the law, or demand, by any means, statistics institutions, statisticians, or other institutions or persons to fabricate or tamper with statistical data, or retaliate against the statisticians who perform their duties in accordance with law or who refuse or oppose any acts in violation the law governing statistical work.
Article 7 State organs, enterprises, public institutions, and other organizations, as well as sole proprietorships and individuals, that are under statistical investigation shall, in accordance with the provisions of this Law and relevant State regulations, provide truthful, accurate, and complete data needed for statistical investigation in a timely manner. They may not provide untruthful or incomplete statistical data, or delay the report of statistical data, or refuse to submit statistical data.
Article 8 Statistical work shall be subject to public supervision. Any entity or individual shall have the right to report unlawful activities in statistical work, such as fraud and deception, and any entity or individual that has rendered meritorious service by reporting such activities shall be commended or rewarded.
Article 9 Statistics institutions and statisticians shall keep confidential the State secrets, business secrets and personal information that are learned in the process of statistical work.
Article 10 No entity or individual may seek titles of honor, material benefits or job promotion by making use of false statistical data.
Chapter II Administration of Statistical Investigations
Article 11 Statistical investigation projects shall include State, departmental, and local statistical investigation projects.
State statistical investigation projects are statistical investigation projects covering the national basic situation. Departmental statistical investigation projects are specialized statistical investigation projects carried out by the departments concerned under the State Council. Local statistical investigation projects are local statistical investigation projects carried out by the local people’s governments at or above the county level and their relevant departments.
State, departmental and local statistical investigation projects shall be explicitly divided into their functions. They shall be made dovetail with each other but not overlap.
Article 12 State statistical investigation projects shall be worked out by the National Bureau of Statistics, or by the National Bureau of Statistics jointly with the department or departments concerned under the State Council, and be submitted to the State Council for the record. Important State statistical investigation projects shall be submitted to the State Council for examination and approval.
Departmental statistical investigation projects shall be worked out by the departments concerned under the State Council. Departmental statistical investigation projects shall be submitted to the National Bureau of Statistics for the record if an object to be investigated is within the jurisdiction of the department. If the object to be investigated is beyond its jurisdiction, such project shall be submitted to the National Bureau of Statistics for examination and approval.
Local statistical investigation projects shall be worked out by the statistics institution of the local people’s governments at or above the county level or by the department concerned, or by them jointly. The local statistical investigation projects worked out by provincial statistics institutions or by provincial statistics institutions jointly with the departments concerned shall be submitted to the National Bureau of Statistics for examination and approval. The local statistical investigation projects worked out by statistics institutions below the provincial level or by statistics institutions below the provincial level jointly with the departments concerned shall be submitted to the provincial statistics institutions for examination and approval. The local statistical investigation projects worked out by the departments concerned of the local people’s governments at or above the county level shall be submitted to the statistics institutions at the same level for examination and approval.
Article 13 The examination and approval authority of statistical investigation projects shall examine whether an investigation project is necessary, feasible and scientific, and shall, if the aforesaid project meets the statutory conditions, make a decision of approval in writing and publish such decision; if the aforesaid project fails to meet the statutory conditions, the examination and approval authority shall make a decision of disapproval in writing and state the reason thereof.
Article 14 When working out statistical investigation projects, the statistical investigation systems for the statistical investigation projects shall simultaneously be drawn up, and be submitted along with the relevant statistical investigation projects for examination and approval or for the record, as prescribed in Article 12 of this Law.
Statistical investigation systems shall stipulate investigation objectives, contents, methodology, objects, methods of organization, investigation forms, as well as the submission and publishing of statistical data.
Statistical investigations shall be organized and implemented in accordance with statistical investigation systems. Modification of the contents of statistical investigation systems shall be submitted to the original examination and approval authority for approval or the original recording authority for the record.
Article 15 In the statistical investigation forms shall explicitly be indicated the serial number of the form, the designing institution, the serial number of approval or record, valid period and other items.
Where the investigation forms contain no items prescribed in the preceding paragraph or the valid period of the investigation forms has expired, the objects under investigation shall have the right to refuse to fill out such investigation forms, and the statistics institutions of the local people’s governments at or above the county level shall give an order to discontinue the relevant statistical investigation activities according to law.
Article 16 Statistical data shall be collected and sorted out on the basis of cyclic general surveys, mainly through regular sampling surveys, by comprehensively applying such means as overall surveys and major surveys and by making full use of administrative records and other materials.
Important general surveys of the national conditions and strength shall be organized by the State Council and the local people’s governments at various levels under the unified leadership of the State Council, and be implemented jointly by the statistics institutions and the departments concerned.
Article 17 The State shall formulate unified statistical standards to ensure standardization of definitions of statistical items, computing methodology, classification catalogues, investigation forms, and statistical coding employed in statistical investigations.
The State statistical standards shall be formulated by the National Bureau of Statistics, or by the National Bureau of Statistics jointly with the National Bureau of Standards.
The departments concerned under the State Council may formulate supplementary departmental statistical standards and shall submit such standards to the National Bureau of Statistics for examination and approval．Departmental statistical standards may not conflict with the State statistical standards.
Article 18 The statistics institutions of the local people’s governments at or above the county level may, according to the need of statistical tasks, promote the use of computer network among the investigation objects when submitting statistical data.
Article 19 The funds needed for conducting statistical work shall be included in the financial budgets of the local people’s governments at or above the county level.
The funds needed for conducting important general surveys of the national conditions and strength shall be shared by the State Council and the local people’s governments, and shall be included in the same annual financial budgets. Such funds shall be appropriated in a timely manner to guarantee their use when needed.
Chapter III Administration and Publication of Statistical Data
Article 20 The statistics institutions of local people’s governments at or above the county level, the departments concerned and the local people’s governments at town and township level shall, according to relevant State regulations, establish a system for storing and managing statistical data, and establish and improve the statistical information-sharing system.
Article 21 State organs, enterprises, public institutions and other organizations that are under statistical investigation shall, according to relevant State regulations, set up primal records and statistical account books, and establish and improve the managing systems for examination, signing, handover and filing of statistical data.
The persons who examine and sign off statistical data shall be responsible for the truthfulness, accuracy and completeness of the statistical data which they examine and sign.
Article 22 The departments concerned of local people’s governments at or above the county level shall, in a timely manner, provide to the statistics institutions of local people’s governments at the same level the administrative records needed for conducting statistical work and the financial data, data of public finance and other data needed for national economic accounting, and shall, according to the statistical investigation systems and in a timely manner, provide to the aforesaid statistics institutions the data they have obtained through statistical investigations organized and implemented by them.
The statistics institutions of local people’s governments at or above the county level shall, in a timely manner, provide the relevant statistical data to the departments concerned of local people’s governments at the same level.
Article 23 Statistics institutions of local people’s governments at or above the county level shall, in accordance with relevant State regulations, publish statistical data on a regular basis.
Statistical data published by the National Bureau of Statistics shall be the standard data.
Article 24 Statistical data obtained by the departments of local people’s governments at or above the county level through statistical investigations shall be published by the said departments in accordance with relevant State regulations.
Article 25 No entity or individual shall provide or disclose to others the statistical data obtained through statistical investigations, through which the identities of individual statistical investigation objects can be distinguished or inferred, or use such data for any other purpose other than statistics.
Article 26 The statistical data obtained by the statistics institutions of local people’s governments at or above the county level through statistical investigations shall be made available to the public for inquiry in a timely manner, except for those which should be kept confidential according to law.
Chapter IV Statistics institutions and Statisticians
Article 27 The National Bureau of Statistics is established under the State Council and shall be responsible for organizing, directing, and coordinating statistical work nationwide according to law.
Survey institutions dispatched by the National Bureau of Statistics according to the need for statistical work shall undertake the statistical investigation assignments arranged by the National Bureau of Statistics.
Independent statistics institutions shall be established by local people’s governments at or above the county level and statistical posts shall be set up by local people’s governments at town and township level, which shall be equipped with full- or part-time statisticians to manage and carry out statistical work and carry out statistical investigations according to law.
Article 28 The departments of local people’s governments at or above the county level shall, according to the need for statistical assignments, establish statistics institutions or set up statistical posts in relevant institutions and designate persons in charge of statistical work, to organize and administrate statistical work which falls within the scope of the duty of the departments and carry out statistical investigations according to law. The aforesaid departments shall, with respect to statistical work, be subject to the guidance of the statistics institutions of local people’s governments at the same level.
Article 29 Statistics institutions and statisticians shall perform their duty according to law and faithfully collect and submit statistical data, and shall not forge or tamper with statistical data or require, by any means, any entity or individual to provide untruthful statistical data, nor shall they engage in any other acts in violation of the provisions of this Law.
Statisticians shall adhere to the principle of seeking truth from facts, abide by professional ethics. They shall be accountable for the consistency of the statistical data collected, examined and recorded by them and those submitted by the statistical investigation objects.
Article 30 When carrying out statistical investigations, statisticians shall have the power to make inquiries to relevant personnel about issues related to statistics, to require them to provide relevant information and materials, and to ask for correction of untruthful and inaccurate statistical reports.
When implementing the statistical investigation, statisticians shall present working certificates issued by the statistics institutions or departments of local people’s governments at or above the county level. Otherwise, the statistical investigation objects shall have the right to refuse such investigations.
Article 31 The State adopts professional qualification examination, appraisal, and employment system for statistical technical posts, improves the professional competency of statisticians and ensures the stability of statistical staff.
Statisticians shall possess the professional knowledge and capacities conforming to the statistical work they engage in.
The statistics institutions and relevant departments of local people’s governments at or above the county level shall enhance the training of statisticians in their professional skills and ethics.
Chapter V Supervision and Examination
Article 32 Local people’s governments and their supervisory institutions at or above the county level shall supervise the local people’s governments at the lower level as well as the statistics institutions and relevant departments of the local people’s governments at the same level with respect to the enforcement of this Law.
Article 33 The National Bureau of Statistics shall be responsible for organizing and administrating supervision and examination of statistical work nationwide, investigating into and dealing with major acts violating statistical laws.
Statistics institutions of local people’s governments at or above the county level shall, according to law, be responsible for investigating into and dealing with acts violating statistical laws which are committed within their own administrative areas. However, acts violating statistical laws which are committed in the process of statistical investigations organized and carried out by the survey institutions dispatched by the National Bureau of Statistics shall be investigated into and dealt with by the survey institutions which organize and carry out such investigations.
Where the provisions of laws and administrative regulations provide otherwise for investigating into and dealing with acts violating statistical laws by relevant departments, such provisions shall prevail.
Article 34 The departments concerned of local people’s governments at or above the county level shall take an active part in assisting the statistics institutions of the local people’s governments at the same level in investigating into and dealing with acts violating statistical laws, and transfer in a timely manner material relevant to cases of violation of statistical laws to the statistics institutions of the local people’s governments at the same level.
Article 35 The statistics institutions of local people’s governments at or above the county level shall have the power to adopt the following measures when investigating into and dealing with violations of statistical laws or checking statistical data:
(1) issuing letters of statistical inspection and inquiry to make inquiries to objects subjected to inspection about relevant matters;
(2) requiring objects subjected to inspection to provide primal records and vouchers, statistical account books, statistical investigation forms, accounting materials concerned and other relevant certifications and materials;
(3) inquiring relevant persons about the matters relating to inspection;
(4) entering the business premises and statistical data processing systems of the objects subjected to inspection to conduct inspection and checking;
(5) upon authorization of the responsible persons in charge of the statistical institutions, registering and preserving the relevant primal records and vouchers, statistical account books, statistical investigation forms, accounting materials and other relevant vouchers and materials of the objects subjected to inspection; and
(6) recording, taping, videotaping, photographing and duplicating information and materials relating to the matters under inspection.
When a statistics institution of local people’s government at or above the county level conducts supervision and inspection, it shall send two inspectors at least for that purpose, who shall present their certificates of law enforcement. If the aforesaid inspectors fail to present such certificates, the relevant entity and individual shall have the right to refuse inspection.
Article 36 When the statistics institutions of local people’s governments at or above the county level perform their duty of supervision and inspection, the entity and individual concerned shall faithfully report information and provide relevant proofs and materials. They may not refuse or obstruct inspection, or transfer, conceal, tamper with, destroy or discard primal records and vouchers, statistical account books, statistical investigation forms, accounting materials and other relevant certifications and materials.
Chapter VI Legal Responsibility
Article 37 The persons in charge of local people’s governments, governmental statistics institutions or relevant departments or entities who commit one of the following acts shall be given sanctions by the appointment and dismissal authorities or supervisory institutions according to law, and the matter shall be circulated in a notice by the statistics institutions of local people’s governments at or above the county level:
(1) modifying statistical data without authorization or fabricating false statistical data;
(2) demanding statistics institutions, statisticians, or other institutions or persons to fabricate or tamper with statistical data;
(3) retaliating statisticians who perform their duty according to law or who refuse or resist acts violating statistical law; or
(4) neglecting their supervisory duty with respect to major violations of statistical laws committed within their own areas, departments or entities.
Article 38 The statistics institutions or relevant departments of local people’s governments at or above the county level that commits one of the following violations in organizing or carrying out statistical investigations shall be ordered to rectify, and the matter shall be circulated in a notice, by the people’s governments at the same level or the statistics institutions of the people’s governments at the higher level, or by the statistics institutions of the people’s governments at the same level. The persons who are directly in charge and other persons who are directly responsible shall be given sanctions by the appointment and dismissal authorities or the supervisory institutions:
(1) organizing or carrying out statistical investigations without approval;
(2) modifying the contents of statistical investigation systems without approval;
(3) fabricating or tampering with statistical data;
(4) demanding statistical investigation objects or other institutions or persons to provide untruthful statistical data; or
(5) failing to submit relevant materials according to the stipulations of statistical investigation systems.
Statisticians that commit one of the acts prescribed in Subparagraph (3) through (5) in the preceding paragraph shall be ordered to rectify and be given sanctions according to law.
Article 39 Where the statistics institutions or relevant departments of local people’s governments at or above the county level commit one of the following acts, the persons who are directly in charge and other persons who are directly responsible shall be given sanctions by appointment and dismissal authorities or supervisory institutions according to law:
(1) publishing statistical data in violation of law;
(2) disclosing commercial secrets or individual information of statistical investigation objects, or providing or disclosing the statistical data obtained through statistical investigations, through which the identities of individual statistical investigation objects can be distinguished or inferred; or
(3) acting in violation of the relevant State regulations and resulting in the damage or perishing of statistical data.
Statisticians that commit one of the acts prescribed in the preceding paragraph shall be given sanctions according to law.
Article 40 Statistics institutions or statisticians that disclose State Secrets shall be investigated for legal responsibility according to law.
Article 41 State organs, enterprises, public institutions or other entities under statistical investigation that commit one of the following acts shall be ordered to rectify and given a disciplinary warning by the statistics institution of the people’s government at or above the county level, and the matter may be circulated in a notice. If the persons who are directly in charge or other persons who are directly responsible are State functionaries, they shall be given sanctions by appointment and dismissal authorities or supervisory institutions according to law:
(1) refusing to submit statistical reports or delaying the submission of statistical reports upon urge;
(2) submitting untruthful or incomplete statistical reports;
(3) refusing to reply or unfaithfully reply letters of statistical inspection and inquiry;
(4) refusing or obstructing statistical investigations or statistical inspections; or
(5) transferring, concealing, tampering with, destroying or discarding, or refusing to provide, primal records or vouchers, statistical account books, statistical investigation forms or other relevant vouchers and materials.
Enterprises, public institutions and other organizations that commit any of the acts prescribed in the preceding paragraph may concurrently be fined not more than RMB 50,000 yuan. If the circumstances are serious, they shall concurrently be fined not less than 50,000 yuan but not more than 200,000 yuan.
Sole proprietorships that commit any of the acts prescribed in the first paragraph of this Article shall be ordered to rectify and given a disciplinary warning by the statistics institutions of the local people’s governments at or above the county level, and may concurrently be fined not more than 10,000 yuan.
Article 42 State organs, enterprises, public institutions or other organizations under statistical investigation that delay the report of statistical data, or that fail to set up primal records and statistical account books according to relevant state regulations, shall be ordered to rectify and given a disciplinary warning by the statistics institutions of the people’s government at or above the county level.
Enterprises, public institutions and other organizations that commit any of the acts prescribed in the preceding paragraph may concurrently be fined not more than 10,000 yuan.
Sole proprietorships that delay the report of statistical data shall be ordered to rectify and given a disciplinary warning by the statistics institutions of the local people’s governments at or above county level, and may concurrently be fined not more than 1,000 yuan.
Article 43 When investigating into and dealing with acts violating statistical laws, the statistics institutions of local people’s governments at or above the county level deem that sanctions should be given to relevant State functionaries according to law, they shall propose as such. Appointment and dismissal authorities or supervisory institutions to whose jurisdiction the aforesaid State functionaries are subjected shall make a decision in a timely manner according to law and notify the said statistics institutions of the result in writing.
Article 44 Individuals under statistical investigation that refuse or obstruct statistical investigations or submit untruthful or incomplete statistical reports in important general surveys of the national conditions and strength shall be ordered to rectify and be educated through criticism by statistics institutions of the local people’s governments at or above the county level.
Article 45 If a person, in violation of the provisions of this Law, gains titles of honor, material benefits or job promotion by utilizing false statistical data, he shall be investigated for legal responsibility according to law for the act of fabricating or requiring others to fabricate false data. In addition, the titles of honor gained thereof shall be deprived, and material benefits confiscated and job promotion annulled, by the entity that made the relevant decision or the entity at a higher level, or the supervisory institution.
Article 46 If a party concerned is unsatisfied with an administrative decision made by the statistics institution of the local people’s government at or above the county level, he may apply for administrative reconsideration or initiate administrative proceedings according to law. In the case that the aforesaid party is unsatisfied with an administrative decision made by a survey institution dispatched to the province, autonomous region or municipality directly under the Central Government by the National Bureau of Statistics, he shall apply for administrative reconsideration to the National Bureau of Statistics; in the case that he is unsatisfied with such a decision made by another survey institution dispatched by the National Bureau of Statistics, he shall apply for administrative reconsideration to the survey institution dispatched to the province, autonomous region or municipality directly under the Central Government by the National Bureau of Statistics.
Article 47 Whoever violates the provisions of this Law, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 48 For the purposes of this Law, statistics institutions of the local people’s governments at or above the county level shall mean the National Bureau of Statistics and the survey institutions dispatched by it, as well as the statistics institutions of the local people’s governments at or above the county level.
Article 49 Measures for administration of non-governmental statistical investigations shall be formulated by the State Council.
Where organizations or individuals outside the territories of the People’s Republic of China need to conduct statistical investigation activities inside the territories of the People’s Republic of China, they shall apply for examination and approval according to the provisions of the State Council.
Whoever makes use of statistical investigation to endanger national security, jeopardize public interests or engage in fraud shall be investigated for legal responsibility according to law.
Article 50 This Law shall go into effect as of January 1, 2010.
