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The Statistics Law of the People’s Republic of China
Promulgation Date:2009-06-27  Promulgation Number:Order of the President of the People’s Republic of ChinaNo. 15  Promulgation Department:The Standing Committee of the National People's Congress

Order of the President of the People’s Republic of China

No. 15

 

The revision of the Statistics Law of the People’s Republic of China was adopted at the 9th Meeting of the Standing Committee of the 11th National People’s Congress on June 27, 2009, which is hereby promulgated for implementation from January 1, 2010.

President of the People’s Republic of China: Hu Jintao

June 27, 2009

 

The Statistics Law of the People’s Republic of China

(Adopted at the 3rd Meeting of the Standing Committee of the 6th National People’s Congress on December 8, 1983, amended in accordance with the Decision on Revision of the Statistics Law of the People’s Republic of China at the 19th Meeting of the Standing Committee of the 8th National People’s Congress on May 15, 1996, and revised in the 9th Meeting of the Standing Committee of the 11th National People’s Congress on June 27, 2009)

 

Contents

Chapter I General Provisions

Chapter II Administration of Statistics Investigation

Chapter III Administration and Publication of Statistical Data

Chapter IV Statistics Institutions and Statisticians

Chapter V Supervision and Examination

Chapter VI Legal Liabilities

Chapter VII Supplementary Provisions

 

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of organizing statistical work in a scientific and effective manner, ensuring authenticity, accuracy, completeness and timeliness of statistical data, bringing into play the important role of statistics in comprehending the actual condition and strength of the country as well as in guiding national economic and social development, and promoting the smooth progress of the socialist modernization.

Article 2 This Law is applicable to the statistics activities organized by people’s governments at all levels and the statistics institutions and the relevant departments under the people’s governments above county level.

  The fundamental task of statistical work is to make statistical investigation and analysis of national 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, the people’s governments at all levels and the relevant departments shall enhance organization and leadership on statistical work and provide necessary guarantee for statistical work.

Article 5 The State shall strengthen scientific research on statistics, build a sound and scientific system for statistical indices and constantly improve the methods of statistical investigation so as to make statistics more scientific.

  The State shall make plans to enhance the building of informatization of statistics and introduce more techniques of collection, processing, transmission, sharing and storing of statistical information as well as a modern data base system.

Article 6 Statistics institutions and statisticians shall exercise the power and functions, independently and free from interference, concerning statistical investigation, statistics report and statistics supervision according to the law herein.

  The people’s governments at all levels, the statistics institutions and the relevant departments under the people’s governments as well as the principals of those institutions and departments shall neither revise the statistic data collected and sorted by statistics institutions and statisticians, nor require statistics institutions, statisticians and other institutions and persons to fabricate or tamper with statistical data by any means, nor retaliate against the statisticians who perform their duties according to law or refuse to fabricate or temper with statistical data or oppose doing it.

Article 7 State organs, enterprises, institutions, other organizations and self-employed industrialists and businessmen that are under statistical investigation shall, in accordance with the provisions of the Law herein and State regulations, provide truthful, accurate, complete data required by statistical investigation in a timely manner. They may not provide inaccurate or incomplete statistical data or refuse to submit statistical data or report statistical data belatedly.

Article 8 Statistical work shall be subject to public supervision. Any unit or individual shall be entitled to reporting unlawful activities in statistical work, such as fraud and deception, and any unit or individual that has rendered meritorious service by reporting shall be praised and rewarded.

Article 9 Statistics institutions and statistician shall keep confidential of national secrets, business secrets and individual information known in statistical work.

Article 10 Any unit and individual may not obtain honorable title, physical interests or promotion by utilizing false statistical data.

Chapter II Administration of Statistical Investigation

Article 11 Statistical investigations include state statistical investigation items, departmental statistical investigation items and local statistical investigation items.

  State statistical investigation items refer to statistical investigation items concerning national basic situations. Departmental statistical investigation items refer to the professional statistical investigation items of the relevant departments under the State Council. Local statistical investigation items refer to the local statistical investigation items of the people’s governments and their departments above the county level.

  State, departmental and local statistical investigations must be explicitly divided in their functions. They shall be made to dovetail with each other and not overlap.

Article 12 State statistical investigation items shall be worked out by the National Bureau of Statistics (NBS) or by the NBS jointly with the relevant departments under the State Council and reported to the State Council for filing. Major national statistical investigation items shall be reported to the State Council for examination and approval.

  Departmental statistical investigation items shall be formulated by the relevant departments under the State Council. If the units to be investigated lie within the jurisdiction of the department that works out the item, the item shall be submitted to the NBS for filing; if the units to be investigated lie beyond the jurisdiction of the department that works out the item, the item shall be summated to the NBS for examination and approval.

  Local statistical investigation items shall be formulated by statistics institutions separately or jointly with other relevant departments under local people’s governments at or above the county level. Of them, the items that worked out by the statistics institutions under the people’s government at the provincial level separately or jointly with the relevant departments shall be submitted to the NBS for examination and approval. The items that worked out by the statistics institutions under the people’s government below the provincial level separately or jointly with the relevant departments shall be submitted to the people’s governments at the provincial level for examination and approval. The items that worked out by the relevant departments under the people’s government at or above the county level shall be submitted to the statistics institution under the people’s government at same level for examination and approval.

Article 13 The agencies responsible for examination and approval of statistical investigation items shall examine the necessity, feasibility and scientific nature of the investigation items. For the items satisfy statutory conditions, they shall give approval in written form and make announcement, while for those dissatisfy statutory conditions, they shall make a decision of disapproval in written form and give explanations.

Article 14 The statistical investigation system for an item shall be formulated when the statistical investigation item is worked out. Both of them shall be submitted for examination and approval for filing according to Article 12 herein.

  The statistical investigation system shall include provisions on objectives, contents, methods, objects, organizing means and forms of investigation, and submission and publication of statistical data.

  A statistical investigation shall be organized and implemented according to its statistical investigation system. Any alteration of the contents of the statistical investigation system shall be submitted to the original examination and approval agency for approval or the original filing agency for filing.

Article 15 Statistical investigation forms shall be labeled with table number, formulation agency, approval or filing number and effective period.

  For those statistical investigation forms without the above-mentioned labels or over the effective period, the objects to be investigated are entitled to refuse to fill out such forms, and the statistics institutions under the people’s government at or above the county level shall order termination of the such statistical investigations according to law.

Article 16 Collection and sorting of statistical data shall be conducted mainly through regular sampling surveys on the basis of cyclic general surveys by way of comprehensive and major investigations, and materials such as administrative recordings shall be fully utilized.

  Important general surveys of the national conditions and strength shall be led by the State Council in a unified way and jointly implemented by the statistics institutions and the relevant department organized by the State Council and local people’s governments.

Article 17 The State shall formulate unified statistical standards to ensure standardization of definitions of statistical items, computing methods, classification catalogues, investigation forms and statistical coding employed in statistical investigations.

  The state statistical standards shall be formulated by the NBS or by the NBS jointly with the competent standardization department under the State Council.

  The relevant departments under the State Council may formulate supplementary departmental statistical standards and report to the NBS for examination and approval. Departmental statistical standards may not conflict with the state statistical standards.

Article 18 The statistical institutions under the people’s government at or above the county level may, according to the requirements of statistical tasks, promote the use of internet by objects subject to statistical investigation for submitting statistical data.

Article 19 The people’s governments at or above the county level shall include the funds for statistical work in their budgets.

  The fund for important general surveys of the national conditions and strength shall be born by the State Council and local people’s governments and included in the annual budget so as to ensure appropriation in time.

Chapter III Administration and Publication of Statistical Data

Article 20 The statistics institutions and the relevant departments under the people’s governments at or above the county level and the people’s governments at the town level shall establish the system for keeping and managing statistical data and a sound system for sharing of statistical data according to the relevant state provisions.

Article 21 State organs, enterprises, institutions and other organizations under statistical investigation shall, in accordance with the relevant provisions of the state, set up original recordings and statistical ledger and establish sound systems for administration of examination and approval, signature, handover and archiving of statistical data.

  The persons responsible for examining statistical data and making signature shall be responsible for the authenticity, accuracy and completeness of the statistical data examined by them and with their signature.

Article 22 The relevant departments under the people’s governments at or above the county level shall provide the statistics institutions under the people’s governments at the same level the administrative recordings required by statistics and the financial materials, fiscal materials and others required by accounting of national economy, and submit the relevant materials collected upon implementation of the statistical investigation organized by the statistics institutions under the people’s governments at or above the county level to the aforesaid institutions in a timely manner.

  The statistics institutions under the people’s governments at or above the county level shall provide the relevant department under the people’s governments at the same level the relevant statistical data in a timely manner.

Article 23 The statistics institutions under the people’s governments at or above the county level shall, in accordance with the relevant provisions of the State, issue statistical data on a regular basis.

  The national statistical data shall be subject to the data issued by the NBS.

Article 24 The statistical data obtained by the relevant departments under the people’s governments at or above the county level through statistical investigation shall be issued by the aforesaid departments according to the provisions of the State.

Article 25 For the materials that are obtained in statistical investigations and may be used to identify or deduce the identity of the objects under statistical investigation, no unit or individual may provide or release them to the outsiders or use for purposes other than statistics.

Article 26 The statistics institutions and the relevant departments under the people’s governments at or above the county level shall release the statistical data obtained by them through statistical investigation for public reference in a timely manner, except the data that shall be kept as confidential according to law.

Chapter IV Statistics Institutions and Statisticians

Article 27 The State Council sets up the NBS and leads and coordinates the statistical work over the country according to law.

  The delegated investigation agencies of the NBS set up according to work requirements shall be responsible for tasks concerning statistical investigations arranged by the NBS.

  The people’s governments at or above the county level shall set up separate statistics institutions and the people’s government at the town level shall set up statistics positions with full-time or part-time statisticians to administrate or conduct statistical work and implement statistical investigation according to law.

Article 28 The relevant departments under the people’s government at or above the county level may set up their statistics institutions according to the requirements of statistical tasks or set up statisticians in the relevant organs and appoint persons in charge of statistics to organize and administrate the statistical work within their jurisdictions and implement statistical investigations. On aspect of statistics, they shall be guided by the statistics institutions under the people’s government at the same level.

Article 29 Statistics institutions and statisticians shall perform their functions and responsibilities and collect and submit statistical data according to law. They may not fabricate or tamper with statistical data, or require any unit or individual to provide untrue statistical data, or commit any behaviors in violation of the provisions herein.

  Statisticians shall adhere to the principle of seeking truth from facts, abide by professional ethnics and be responsible for the consistency between the statistical data collected, checked and input by them and those submitted by the objects under statistical investigation.

Article 30 When conducting statistical investigation, statisticians are entitled to inquiry the persons concerned about issues relevant to statistics and require such persons to provide true situations and data and correct untrue and inaccurate data.

  When conducting statistical investigation, statisticians shall produce their work card issued by the statistics institutions or the relevant departments under the people’s government at or above the county level. If they fail to produce such work card, the objects under statistical investigation have the right to refuse investigation.

Article 31 The State executes the technical qualification examination system and the employment system for professional statisticians so as to improve the professional qualifications of statisticians and ensure the stability of the profession.

  Statisticians shall have professional knowledge and capacities suitable for their work.

  The statistics institutions and the relevant departments under the people’s government at or above the county level shall enhance professional training and professional ethics education for statisticians.

Chapter V Supervision and Examination

Article 32 The people’s governments at or above the county level and their supervision agencies shall conduct supervision over the implementation of the provisions herein by people’s governments at lower levels and the statistics institutions and the relevant departments under the people’s governments at the same level.

Article 33 The NBS organizes and administrates the examination and supervision of national statistical works and prosecutes material illegal practice concerning statistics.

  The statistics institutions under local people’s governments at or above the county level shall prosecute the illegal practice on statistics within their jurisdictions. However, any illegal practice on statistics occurring during the statistical investigations organized and implemented by a delegated investigation agency of the NBS shall be prosecuted by the investigation agency.

  If the prosecution of illegal practices by the relevant departments is otherwise provided in any law or regulation, such law and regulation shall prevail.

Article 34 The relevant departments of the people’s governments at or above the county level shall initiatively assist the statistics institutions under the people’s government at the same level to prosecute illegal practices and timely handover materials concerning the illegal practices on statistics to the statistics institutions under the people’s government at the same level.

Article 35 The statistics institutions under the people’s government at or above the county level are entitled to adopting the following measures when investigating illegal practices or auditing statistical data:

(1)    Sending the notice of statistical investigation inquiry to inquire the object subject to examination about the relevant issues;

(2)    Requiring the object subject to examination to provide the relevant original recordings and vouches, statistical ledgers, statistical investigation forms, accounting materials and other relevant certificates and materials;

(3)    Inquiring the persons concerned about issues concerning examination;

(4)    Entering into the business place and the statistical data processing system of the object subject to examination to make examinations and check;

(5)    Registering and keeping the relevant original records and vouches, statistical ledgers, statistical investigation forms, accounting materials and other relevant certificates and materials of the object subject to examination upon approval of the principal of the institutions; and

(6)    Recording the situations and materials relevant to examination by means of note taking, tape and visual recording, photographing and copy.

When the statistics institutions under the people’s government at or above the county level, the supervisors or examiners shall be no less than two and shall produce their certificates. If they fail to produce their certificates, the units and individuals concerned have the right to refuse examination.

Article 36 When the statistics institutions under the people’s governments at or above the county level perform their functions and duties of examination and supervision, the units and individuals concerned shall reflect actual situations and provide relevant certificates and materials. No unit or individual may refuse or hinder such examinations, or transfer, hide, tamper with or damage the original records and vouches, statistical ledgers, statistical investigation forms, accounting materials and other relevant certificates and materials.

Chapter VI Legal Liabilities

Article 37 The principals of local people’s governments and statistics institutions, the relevant departments and units under people’s governments who commit any of the following practices shall be given sanctions by the agency responsible for appointment and removal or the supervision agency and criticized in a circulated notice by the statistics institutions of the people’s governments at or above the county level:

(1)    Altering statistical data without authorization or fabricating statistical data;

(2)    Requiring statistics institutions, statisticians or other institutions or persons to fabricate or tamper with statistical data;

(3)    Retaliating against the statisticians who perform their duties according to law or refuse or oppose doing illegal practice; or

(4)    Oversight of serious illegal practices on statistics occurred within their jurisdiction, in their department or unit.

Article 38 Where any of the statistics institution or the relevant department under the people’s governments at or above the county level have any of the following practices when organizing and implementing statistical investigations, it shall be ordered to make correction and be criticized in a circulated notice by the people’s government at the same level, the statistics institutions under the people’s government at a higher level or the statistics institutions under the people’s government at the same level. The principals who bear direct responsibilities and other persons with direct responsibilities shall be given sanctions by the agency responsible for appointment and removal or the supervision agency:

(1)    Organizing and implementing statistical investigation without approval;

(2)    Altering the contents of the statistical investigation system without approval;

(3)    Fabricating or tampering with statistical materials;

(4)    Requiring the objects subject to investigation or other organizations or persons to provide untrue statistical materials; or

(5)    Failing to submit the materials required by the statistical investigation system.

If any statistician commits any of the practices as prescribed from Item (3) to (5) in the previous paragraph, he/she shall be ordered to make corrections and be given certain sanctions according to law.

Article 39 Where any of the statistics institution or the relevant department under the people’s governments at or above the county level has any of the following practices, its principals bearing direct responsibilities and the other persons with direct responsibilities shall be sanctioned by the agency responsible for appointment and removal or the supervision agency according to law:

(1)    Illegally releasing statistical data;

(2)    Disclosing any business secrets and individual information of the objects subject to statistical investigation, or providing or disclosing any materials that obtained in statistical investigation and may be used to identify or deduce the identity of an object subject to statistical investigation; or

(3)    Violating the relevant provisions of the State and causing damage or loss of statistical data.

Statisticians who commit any of the above-mentioned practices shall be sanctioned according to law.

Article 40 Where any statistics institutions and statisticians that disclose national secrets, their legal liabilities shall be prosecuted.

Article 41 Where any of the state organs, enterprises, institutions or other organizations subject to statistical investigation has any of the following practices, the statistics institutions under the people’s governments at or above the county level shall order it to make corrections, give it a warning and may circulate such warning. If its principals bearing direct responsibilities and other persons with direct responsibilities work as civil servants, the agency responsible for appointment and removal or the supervision agency shall give them sanctions according to law:

(1)    Refusing to provide statistical data or failing to provide statistical data in time after urgency;

(2)    Providing inaccurate or incomplete statistical data;

(3)    Refusing to reply or giving false reply to the statistical investigation inquiry;

(4)    Refusing or hindering statistical investigation or examination; or

(5)    Transferring, hiding, tampering with or damaging the original records and vouches, statistical ledgers, statistical investigation forms and other relevant certificates and materials, or refusing to provide the aforesaid items.

Any enterprise, institution or other organization has any of the practices prescribed in the previous paragraph may be imposed a fine less than RMB50,000; and in serious circumstances, it shall be imposed a fine between RMB50,000 and RMB200,000.

  If any self-employed industrialist has any of the practices prescribed in the first paragraph of Article 41, he/she shall be ordered to make corrections, given a warning and imposed a fine less than RMB10,000 by the statistics institution under the people’s government at or above the county level.

Article 42 Where any state organ, enterprise, institution or other organization under statistical investigation delays submission of their statistical data or fails to set up original records and statistical ledgers according to the relevant provisions of the State, the statistics institution under the people’s government at or above the county level shall order it to make corrections and give it a warning.

  For any enterprise, institution or other organization having any of the practices as prescribed in Article 41, a fine less than RMB10,000 may be imposed on it.

  For any self-employed industrialist who delay submission of the statistical data, the statistics institution under the people’s government at or above the county level may order he/she to make corrections and give a warning and may impose a fine less than RMB1,000.

Article 43 If the statistics institution under the people’s government at or above the county level holds certain sanction shall be given to the civil servants concerned according to law when prosecuting illegal practices, it shall give the suggestion on sanction. The agency responsible for appointment and removal or the supervision agency shall make a decision in a timely manner according to law and notify the statistics institutions under the people’s government at or above the county level in a written form.

Article 44 Where any individual subject to statistical investigation refuse or hinder the statistical investigation or provide inaccurate or incomplete data in any important general survey of the national conditions and strength, the statistics institution under the people’s government at or above the county level shall order he/she to make corrections.

Article 45 If a person, in violation of the provisions herein, makes use of false statistical data to gain honorary titles, physical rewards or promotion, the unit that makes such decision or the unit at higher level or a supervision agency shall annul his/her honorary titles, recover the material rewards and cancel the promotion. The legal liabilities of the person who has the practice of fabricating statistical data or requiring others to fabricate statistical data shall also be prosecuted.

Article 46 If the party concerned refuses to accept the administrative punishment made by the statistics institution under the people’s government at or above the county level, it/he may apply for administrative reconsideration or file administrative proceedings. Specifically, if the party concerned refuses to accept the administrative punishment made by the delegated investigation agency of the NBS in province, autonomous region or municipality directly under the central government, it/he may apply for administrative reconsideration with the NBS. If the party concerned refuses to accept the administrative punishment made by other delegated agency of the NBS, it may apply for administrative reconsideration with the delegated investigation agency of the NBS in province, autonomous region or municipality directly under the central government.

Article 47 Where any unit or individual violates the provisions herein and constitute a crime, it/his criminal liabilities shall be prosecuted.

Chapter VII Supplementary Provisions

Article 48 For the purpose of this Law, the statistics institutions under the people’s governments at or above the county level refer to the NBS, the delegated investigation agencies of the NBS and statistics institutions under the people’s governments at or above the county level.

Article 49 Measures for administration of non-governmental statistical investigation shall be formulated by the State Council.

  Any organization or individual outside the territory of the People’s Republic of China that needs to conduct any statistical investigation in the territory of the People’s Republic of China shall apply for examination and approval according to the provisions of the State Council.

  For those who make use of statistical investigation to endanger national security, jeopardize public interests or engage in fraud, their legal liabilities shall be prosecuted.

Article 50 The Law herein shall enter into force on Jan. 1, 2010.

 

 

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