Laws of the People's Republic of China

    The 19th Meeting of the Standing Committee of the Eighth National People's
Congress has decided to revise the Statistics Law of the People's Republic of
China as follows:

    1. Article 2 is amended as: "The fundamental task of statistical work is
to make statistical investigations and analyses of national economic and
social development, to provide statistical data and advice and to exercise
statistical supervision."

    2. The first paragraph of Article 3 is amended as: "The state organs,
public organizations, enterprises, institutions, self-employed industrialists
and businessmen, and other objects of statistical investigation, shall, in
accordance with the provisions of this Law and state provisions, provide
statistical data truthfully. They may not make false entries or conceal
statistical data, and they may not report statistical data belatedly or refuse
to submit statistical reports. Falsification and tampering of statistical data
shall be prohibited."

    3. Article 5 is amended as two paragraphs: "The state shall attach
importance to scientific researches on statistical item systems and constantly
improve methods of statistical investigation so as to increase the scientific
reliability and truthfulness of statistics.

    "The state shall, in a planned way, introduce modern techniques of
statistical information processing and transmission and update database
systems."

    4. Add a new paragraph to Article 6, which is the second paragraph:
"Statistical work shall be under the supervision of the general public. Any
unit or person has the right to expose and report frauds and deceptions and
other illegal acts committed in statistical work. Awards shall be given to
units and persons for meritorious service in exposing and reporting illegal
acts."

    5. The second paragraph of Article 6 is changed into the first paragraph
of Article 7 and two new paragraphs are added thereto, which are the second
and third paragraphs of Article 7 respectively: "Leading members of all
localities, departments and units may not force or incite statistical organs
and personnel to tamper with or falsify statistical data. Statistical organs
and personnel shall refuse and resist leading members who order or incite them
to tamper with or falsify statistical data, and shall submit truthful
statistical data in accordance with the provisions of this Law and the rules
governing statistical work, and be responsible for the truthfulness of
statistical data submitted by themselves.

    "Statistical organs and personnel shall be protected by law when
performing functions according to law. Leading members of all localities,
departments and units may not retaliate against statistical personnel who
refuses or resists to tamper with or falsify statistical data."

    6. Article 9 is changed into Article 10 and three new paragraphs added
thereto as the first, third and fourth paragraphs respectively:

    The first paragraph reads: "Statistical investigations shall be based on
periodical general surveys, composed mainly of regular sample surveys, and
complemented with necessary statistical reports and forms, key surveys and
comprehensive analyses, in order to collect and compile basic statistical
data."

    The third and fourth paragraphs read: "Prior to a regular sample survey,
basic statistical units and their distributions shall be ascertained and the
scientific sample framework be established according to the approved sample
survey scheme.

    "The issue of periodical comprehensive statistical reports and forms to
units at the grass-roots level must be rigorously restricted. If statistical
data can be collected through sample survey, key survey, or administration
records, periodical comprehensive statistical reports and forms may not be
drawn up and issued."

    7. Article 11 is changed into Article 12 and amended as: "Objects of
statistical investigation concerned have the right to refuse to fill in
statistical investigation forms drawn up and issued in violation of this Law
and relevant state provisions."

    Add a new paragraph as the second paragraph: "It is prohibited to make use
of statistical investigations to steal state secrets, infringe upon social and
public interests or practise fraud."

    8. Article 13 is changed into Article 14 and a new paragraph added thereto
as the third paragraph, which reads: "State statistical data shall be
determined according to those as published by the State Statistical Bureau."

    9. Article 14 is changed into Article 15 and a new paragraph added thereto
as the second paragraph, which reads: "Statistical organs and personnel have
the duty to keep confidential business secrets known by them from the objects
of statistical investigation in such statistical investigations."

    10. Article 18 is changed into Article 19 and a new paragraph added
thereto as the third paragraph, which reads: "Enterprises and institutions
shall keep original statistical records and statistical master-files,
establish and improve systems of administration in such regards as examining
and checking, handing over, and filing of statistical data."

    11. Article 19 is changed into Article 20 and Item (3) thereof amended as:
"to make statistical analyses of and exercise statistical supervision over
national economic and social development and to organize the accounting of
national economy according to the State Council provisions."

    Add a new paragraph thereto as the second paragraph, which reads: "The
Statistical Bureau shall handle state statistical information automation
systems and statistical database systems."

    12. Article 22 is changed into Article 23 and amended as: "Statistical
personnel have the powers:

    "(1) to require units or persons concerned to provide statistical data
truthfully in accordance with state provisions;

    "(2) to check the accuracy of statistical data and to ask for correction
of incorrect statistical data; and

    "(3) to expose and report any illegal act done in statistical
investigation work."

    Add a new paragraph as the second paragraph: "In performing duties
according to the provisions of the preceding paragraph and making statistical
investigations, statistical personnel shall show objects of statistical
investigation working certificates issued by statistical organs of people's
governments at or above the county level."

    13. Article 23 is changed into Article 24 and amended as: "Statistical
personnel should persist in seeking truth from facts, stick to professional
ethics and possess the professional knowledge necessary for carrying out
statistical tasks. Statistical organs should provide professional training and
organize professional studies for statistical personnel."

    14. Before Article 25 a new paragraph is added as Article 26, which reads:
"Where a leading member of locality, department or unit revises or falsifies
statistical data by himself, or forces or incites a statistical organ or
statistical personnel to tamper with or falsify statistical data, he shall be
imposed upon disciplinary sanction according to law and criticized through a
circular by the statistical organ of a people's government at or above the
county level.

    "Where a leading member of locality, department or unit retaliates against
statistical personnel who refuses or resists to tamper with or falsify
statistical data, he shall be imposed upon disciplinary sanction according to
law; if a crime has been constituted, criminal responsibility shall be
investigated.

    "Where statistical personnel involves himself in tampering with or
falsifying statistical data, the statistical organ of a people's government at
or above the county level shall issue a circular to criticize him and impose
upon him disciplinary sanction according to law, or propose to the competent
department for imposition of disciplinary sanction according to law."

    15. Article 25 is changed into Article 27 and amended as: "Where an object
of statistical investigation commits any of the following illegal acts, the
statistical organ of a people's government at or above the county level shall
order it to make correction and issue a circular to criticize it; if the
circumstances are rather serious, disciplinary sanctions may be according to
law imposed upon the person in charge directly responsible and other person
directly responsible.

    "(1) making false entries in statistical data or concealing statistical
data;

    "(2) falsifying or tampering with statistical data; or

    "(3) refusing to submit statistical reports or repeated late reporting of
statistical data.

    "Where an enterprise, institution, or self-employed industrialist or
businessman who commits any of the illegal acts mentioned in the preceding
paragraph, the people's government at or above the county level shall give a
warning and may concurrently impose a fine. A fine may not be imposed
concurrently, however, if the same offender has been fined for the same
illegal act under other provisions of law."

    16. Delete Article 26, then add five new articles as Articles 28, 29, 30,
31 and 32 respectively:

    (1) "Article 28  Where anyone, in violation of the provisions of this Law,
tampers with or falsifies statistical data, thereby being conferred upon a
honourable title, or given a material reward, or promoted, the department
making relevant decisions or its higher department or the department of
administrative supervision shall deprive him of his honourable title, recover
the material reward or remove him from the office to which he was promoted."

    (2) "Article 29  Where anyone makes use of statistical investigations to
steal state secrets, or violates the provisions of this Law for the protection
of secrets, he shall be punished according to provisions of relevant laws.

    "Where anyone makes use of statistical investigations to infringe upon
social and public interests or to practise fraud, the statistical organ of a
people's government at or above the county level shall order him to make
correction, confiscate the illegal gains, and may concurrently impose a fine;
if a crime has been constituted, criminal responsibility shall be investigated
according to law."

    (3) "Article 30  Where any statistical organ or personnel, in violation of
the provisions of this Law, divulges single item investigation data concerning
any private individual or his family, or business secrets of objects of
statistical investigation, if loss or damage has been resulted in, it or he
shall bear civil responsibility according to law, and the person in charge
directly responsible and other person directly responsible shall be imposed
upon disciplinary sanctions according to law."

    (4) "Article 31  Where a state organ, in violation of the provisions of
this Law, draws up and issues statistical investigation forms without
examination or filing, the statistical organ of a people's government at or
above the county level shall order it to make correction and issue a circular
to criticize it."

    (5) "Article 32  The State Council shall formulate measures for the
administration of nongovernmental statistical investigations.

    "In case of statistical investigations made within the territory of the
People's Republic of China by organizations and individuals from aboard, prior
approval shall be obtained according to the provisions of law. The State
Council shall formulate specific measures therefor."

    17. This Decision comes into force on the date of promulgation. If the
provisions in relevant administrative regulations and local regulations and
rules, which were formulated according to the Statistical Law of the People's
Republic of China prior to the implementation of this Decision, conflict with
this Decision, this Decision shall prevail.

    In addition, part articles shall be correspondingly adjusted and amended
in wording according to this Decision.