Promulgation Date：2004-09-05 Promulgation Number：e01529, e016632004090520040905the State CouncilOrder of the State Council of the People's Republic of ChinaNo. 415 Promulgation Department:the State Council
e01529, e016632004090520040905the State CouncilOrder of the State Council of the People's Republic of ChinaNo. 415The Regulation of National Economic Census is hereby promulgated, and shall come into force as of the date of promulgation.Premier of the State Council, Wen JiabaoSeptember 5, 2004epdf/e03959.pdfA2Economic census, object of census, scope, method, form format of census, main content, standard, organization and implementation, data processing, quality control, data publicity, material management, development and applicatione03959Regulation of National Economic CensusChapter I General ProvisionsArticle 1The present Regulation is formulated in accordance with the Statistics Law of the People's Republic of China for the purpose of organizing the implementation of national economic census scientifically and effectively and ensuring the accuracy and timeliness of economic census data.Article 2The purpose of economic censuses is to control the overall conditions of the development scale, structure and benefit of the secondary industry and the tertiary industry of our country, to establish and improve the directory and database system of the basic entities, and to lay the foundation for researching and making national economic and social development plans, and for improving the level of decision-making and management.Article 3The work of economic census shall be organized and carried out in light of the principle of unified national leadership, the division of work and cooperation by each department, taking charge by local regions level by level, and joint participation by all the parties concerned.Article 4The state organs, public organizations, enterprises and institutions, other organizations and individual businesses shall actively take part in and closely cooperate with the economic census work in accordance with the Statistics Law of the People's Republic of China and the provisions of this Regulation.Article 5The publicity departments at all levels shall make full use of such media as newspapers and periodicals, radio broadcasts, television, internet and outdoor advertisements, etc. to do a good job in social publicity and mobilization for economic census.Article 6The expenses needed for economic census shall be jointly taken on by the Central Government and the local people's governments at all levels, be listed into the financial budget of the corresponding year, and shall be allocated on time to ensure that they are properly used.The expenses for economic census shall be managed uniformly, used as special funds for special purpose, and the payout shall be strictly controlled.Article 7The economic census shall be carried out once every five years, the standard time point shall be December 31st of the year of census.Chapter II Objects, Scope and Method of Economic CensusArticle 8The objects of economic census shall be all the legal person entities, entities of industry activities and individual businesses that undertake activities of the secondary and tertiary industry within the territory of the People's Republic of China.Article 9The objects of economic census shall have the obligation to accept the investigation made by the economic census institutions and economic census personnel according to law.The objects of economic census shall fill in the economic census form according to the facts on time, no one may falsely report, hide the truth in making reports, refuse to report or delay the report of economic census data.The objects of economic census shall provide the materials relating to economic census in time according to the requirements of economic census institutions and economic census personnel.Article 10The scope of industry of economic census shall include:1.Mining industry;2.Manufacturing industry;3.Electric power, gas and water production and supply industry;4.Construction industry;5.Communications and transportation, storage and postal industries;6.Information transmission, computer service and software industries;7.Wholesale and retail industries;8.Accommodation and catering industries;9.Finance industry;10.Real estate industry;11.Tenancy and business service industries;12.Scientific research, technological service and geological prospecting industry;13.Water conservancy, environment and public facilities management industries;14.Residents service and other service industries;15.Education;16.Sanitation, social security and social welfare industries;17.Culture, physical culture and entertainment industries; and18.Public management and social organizations etc..Article 11The method of overall investigation shall be adopted for economic census, but in the case of the production and management of individual business, the spot check method may be adopted.Chapter III Form Format, Main Contents and Standards of Economic CensusArticle 12In conducting economic censuses, questionnaires of legal person entities, entities of industry activities and individual businesses shall be designed on the basis of different types of objects.Article 13The main contents of economic census shall include: the basic attribute of an entity, employees thereof, financial status, production and management conditions, throughput, consumption of raw materials and energy, and scientific and technological activities, etc..Article 14The statistical classification standards and catalogues prescribed by the state shall be adopted for an economic census.Chapter IV The Organization and Implementation of Economic CensusArticle 15The State Council establishes a leading group and the office thereof for economic census. The leading group for economic census shall be responsible for the organization and implementation of economic census. The office of the leading group is established in the State Administration of Statistics, and is responsible for the routine organization and coordination of economic censuses.The relevant departments of the State Council shall perform their own duties, closely cooperate with each other, and do the relevant work well.Article 16The local people's governments at all levels shall establish a leading group and a corresponding office for economic census, and organize the implementation of local economic census work in light of the unified provisions and requirements of the leading group and its office of economic census of the State Council.The sub-district office and residents' (villagers') committee shall widely mobilize and organize the social power to actively participate in and earnestly do well the economic census work.Article 17The relevant departments of the State Council and the local people's governments at all levels shall establish economic census institutions, which are responsible for completing the economic census tasks appointed by the offices of the leading groups for economic census of the State Council and the local people's government of the corresponding level.Article 18Large enterprises shall establish economic census institutions, which are responsible for completing and reporting the economic census form of their own enterprises. Other various legal person entities shall designate relevant personnel to be responsible for completing and reporting the economic census form of their own entities.Article 19The local economic census institutions at all levels shall hire or transfer census directors and census enumerators from relevant entities after negotiation on the basis of the need of the work. All the relevant entities shall actively recommend qualified personnel to act as census directors and census enumerators.The census directors and census enumerators shall be in good health, have a strong sense of responsibility and have corresponding professional knowledge.Article 20The personnel hired shall be paid labor remunerations by the local economic census institutions. The wages of the personnel transferred after negotiation shall be paid by the original entities, and their welfare and treatment shall remain unchanged.Article 21The local economic census institutions at all levels shall offer uniform professional training to census directors and census enumerators, and for those who have passed the examination, a certificate of census directors and census enumerators shall be issued. The census directors and census enumerators shall initiatively offer to show their certificates during performing economic census tasks.The census enumerators shall be responsible for organizing and directing objects of economic census to fill in economic census forms, and the census directors shall be responsible for directing and inspecting the work of census enumerators.Article 22The census directors and census enumerators are entitled to consult the relevant original documents of finance and accounting, statistics and business accounting and the relevant business management certificates in relation to the economic census of any legal person entity, entity of production activities and individual business, and are entitled to demand the objects of economic census to correct the inaccurate contents in their economic census forms.Article 23The economic census institutions at all levels shall check the entities during the period of preparation for economic census and accurately define the kinds of economic census forms.The departments of staffing, civil affairs, taxation, industry and commerce, quality inspection at all levels and other departments that have functions of examining, approving and registering the establishment of an entity shall be responsible for providing the materials of the entities subject to their examination, approval and registration to the economic census institutions at the corresponding level, and do the work well for entity check together.The economic census institutions at the county level shall make verification and check one by one in light of the economic census districts, on the basis of the directory database of the existing basic entities of relevant district, in combination with the entity materials provided by the relevant departments, so as to form into a directory of economic census entities.Article 24The economic census institutions at the county level shall do well the work for the distribution, collection, checking, recording and reporting of economic census forms according to the entity directory formed through checking.Legal entities shall fill in the questionnaire of legal person entities and shall be responsible for organizing their subordinate entities of industry activities to fill in the questionnaire of entities of industry activities.Article 25The economic census institutions at all levels and the economic census personnel shall exercise their authority of investigation, report and supervision independently according to law, with which no entity or individual may interfere.No leader of each region, department or entity may alter, without permission, the economic census materials provided by any economic census institution or economic census personnel according to law, nor shall they order by force or authorize any economic census institution or economic census personnel to juggle the economic census materials or fabricates false data.Chapter V Data Processing and Quality ControlArticle 26The work for data processing of economic census shall be implemented by the economic census institutions at or above the county level.The office of the leading group of economic census of the State Council shall be responsible for providing the data processing standards and procedures used for all the local regions.The local economic census institutions at all levels shall carry out the data processing in accordance with the unified requirements and standards provided for by the office of the leading group of economic census of the State Council, and report the economic census data level by level.Article 27After the end of economic census data processing, the economic census institutions at all levels shall do a good job in making backup copies of data and putting them into the database, establish and improve the directory of basic entities and the database system, as well as strengthen routine management and maintenance and update.Article 28The local economic census institutions at all levels shall establish post responsibility system for quality control of economic census data in accordance with the unified provisions of the office of the leading group of economic census of the State Council, and make quality control and check and acceptance on each link in the implementation of economic census.Article 29The office of the leading group of economic census of the State Council shall uniformly organize the work for quality spot check of economic census data, the result of the spot check shall be regarded as the main basis for evaluating the quality of the economic census data of the whole nation and all the local regions.The economic census institutions at all levels shall make a careful analysis and comprehensive appraisal on the collective data of economic census.Chapter VI Data Publicity, Material Management and Development and ApplicationArticle 30The economic census institutions at all levels shall publicize economic census gazettes in accordance with the state provisions.The local economic census institutions at all levels shall be subject to the approval by the upper level economic census institutions when publicizing economic census gazettes.Article 31The economic census institutions at all levels shall handle well the work related to keeping and managing economic census data and providing service to the general public, and make development and application on economic census materials.Article 32The economic census institutions at all levels and their staff members shall abide by the relevant provisions of the Statistics Law of the People's Republic of China and the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China, and perform the duty of keeping secret of the state secrets and commercial secrets of the objects of economic census they know in economic census.Article 33The materials relating to the entities and individuals obtained through economic census shall be restricted strictly for economic census purpose, and shall not be used for the basis for any entity to implement punishment on objects of economic census.Chapter VII Commendation and PunishmentArticle 34The advanced entities and advanced individuals who have made outstanding contributions to the economic census work shall be given honor and awards by the economic census institutions at all levels.Article 35In case any leader of any local region, department or entity revises economic census materials without permission, fabricates false data or orders by force or authorizes any economic census institution or economic census personnel to juggle economic census materials or fabricate false data, he shall be subject to administrative punishment or disciplinary punishment according to law, and the statistical institutions of the people's government at or above the county level shall circulate a notice of criticism.In case any economic census personnel participates in juggling economic census materials, or fabricating false data, the statistical institutions of the people's government at or above the county level shall circulate a notice of criticism and give administrative punishment according to law or suggest the relevant department or entity give administrative punishment or disciplinary punishment according to law.Article 36In case any economic census object has any of the following illegal acts, the statistical institutions of the people's government at or above the county level shall order it to correct and circulate a notice of criticism; if the circumstances are serious, the relevant departments or entities shall be suggested to give administrative punishment or disciplinary sanction on the competent person directly liable and other personnel directly liable according to law:1.Refusing or impeding the investigation conducted by any economic census institution or economic census personnel according to law;2.Providing false or incomplete economic census materials; or3.Failing to provide materials relating to economic census, and still failing to do so after being urged to make report.In case any enterprise or institutional organization has any one of the illegal acts as enumerated in the preceding paragraph, the statistical institutions of the people's government at or above the county level shall give it a warnings and impose upon it a fine of less than RMB 50 thousands Yuan; in case any individual business has any one of the illegal acts as enumerated in the preceding paragraph, the statistical institutions of the people's government at or above the county level shall give it a warnings and impose upon it a fine of less than RMB 10 thousands Yuan.Article 37The economic census institutions at all levels shall set up informants' hot-line telephone to accept the complaint and supervision of the whole society on the illegal acts of any entity or individual in the economic census and give award to the person who makes contributions to such report.Chapter VIII Supplementary ProvisionsArticle 38The present Regulation shall be implemented as of the date of promulgation.