Laws of the People's Republic of China

The National Bureau of Statistics

Interim Measures for Administration of Foreign-related Social Investigation Activities

Decree [1999] No.3 of the National Bureau of Statistics

July 16, 1999

Article 1

These Measures are formulated, in accordance with the Statistics Law of the People's Republic of China and other relevant laws and regulations, for the purpose of standardizing foreign-related social investigation activities and actively directing the healthy and orderly development of foreign-related social investigation activities to maintain the social economic order and promote the smooth progress of opening up to the outside world and socialist construction.

Article 2

Foreign-related social investigation activities mentioned in these Measures refer to the social investigation activities conducted by such institutions within the territory of China as foreign-capital enterprises, Chinese-foreign equity joint ventures held by foreign parties, Chinese-foreign contractual joint ventures with foreigners occupying a leading position, branches of foreign enterprises, resident representative offices of foreign enterprises and resident institutions in China of other foreign organizations(hereafter referred to as foreign-related institutions for short); various social investigation activities conducted by domestic investigation institutions with the entrustment or under the financial aid of organizations, individuals or foreign-related institutions from outside the territory or in other cooperative ways.

Article 3

Organizations and individuals from outside the territory, subsidiaries of foreign enterprises and resident representative offices of foreign enterprises within the territory and resident institutions in China of other foreign organizations shall not, by their own, conduct social investigation activities within the territory of China. Where there is a need to conduct such investigations, they shall be conducted by domestic institutions with the qualification of foreign-related social investigation. Institutions without the qualification of foreign-related social investigation shall not accept the entrusted investigations.

Article 4

Foreign-related social investigation shall not overlap with the State statistical investigations, departmental statistical investigations and local statistical investigations.

Article 5

Institutions and personnel conducting foreign-related social investigation activities shall not undertake the investigation activities in the name of governmental statistical institutions and governmental statisticians.

Article 6

No unit and individual shall make use of foreign-related social investigation activities to obtain State secrets, jeopardize the State security and interests, damage the public interests and engage in frauds.

No unit and individual shall make use of foreign-related social investigation activities to jeopardize others' interests; with respect to the single-item investigation information of the investigated unit or individual known in the foreign-related social investigation activities, they shall bear the obligation to keep secrets.

Article 7

Statistical institutions of the people's governments at or above the provincial level are the organs in charge of foreign-related social investigation activities and responsible for the administrative work of foreign-related social investigation activities. Their main functions and responsibilities are as follows:

(1)

to publicize and carry out the implementation of relevant policies, laws, regulations and rules regarding foreign-related social investigation activities;

(2)

to plan, direct, coordinate and promote the development of the sector of foreign-related social investigations, to strengthen the professional training and education in vocational ethics for practitioners in the sector of foreign-related social investigations;

(3)

to be responsible for the work of qualification identification of foreign-related social investigation institutions and annual verification;

(4)

to be responsible for the work of approving foreign-related social investigation activities;

(5)

to inspect law enforcement of foreign-related social investigation institutions, and investigate and deal with the relevant illegal acts in foreign-related social investigation activities according to law; or

(6)

other functions and responsibilities provided for by laws or regulations.

Article 8

Institutions engaging in foreign-related social investigation activities shall, upon qualification identification, obtain the License of Foreign-related Social Investigations. The License of Foreign-related Social Investigations shall be uniformly produced by the statistical institutions of the people's governments at or above the provincial level, and no unit and individual shall counterfeit it.

Institutions which apply for the qualification to engage in foreign-related social investigation activities shall meet the following requirements:

(1)

a legal person established according to law;

(2)

social investigations included in the operation or business scope registered in the department of industrial and commercial administration or department of civil affairs or approved by the department of agency and staffing management;

(3)

investigation ability adaptable to their foreign-related social investigation activities;

(4)

strict and sound system of information secret-guarding; and

(5)

the legal representative having not been subject to criminal punishments within five years, and having not been subject to administrative penalties, or administrative sanctions more serious than discharge from the post within two years.

Individuals, and institutions whose qualifications of foreign-related social investigation activities have not been identified shall not engage in foreign-related social investigation activities.

Article 9

In applying for the qualification identification of foreign-related social investigation activities, the applicant shall submit the following materials:

(1)

an application report;

(2)

a form for applying for the qualification to engage in foreign-related social investigation activities;

(3)

one of the following qualification certificates of legal person or approval documents: the Business License for Enterprise as Legal Person and its copies, the Registration Certificate of Association as Legal Person and its copies and approval documents of the department of agency and staffing management or relevant departments and their copies;

(4)

the resume of legal representatives, evidences presented by the departments of personnel dossier management showing that they have not been subject to criminal punishments or administrative penalties, the original identity card and its copies; and

(5)

other materials required by the qualification identifying organs.

Article 10

Institutions which have obtained the License of Foreign-related Social Investigations through qualification identification of foreign-related social investigation activities shall, with respect to their qualifications to engage in foreign-related social investigation activities and the state of affairs of foreign-related social investigation activities conducted last year, accept an annual verification from the original qualification identifying organ in March per year.

In dealing with the annual verification, the following materials shall be submitted:

(1)

the License of Foreign-related Social Investigations;

(2)

an annual verification form of foreign-related social investigation activities; and

(3)

a report on the state of affairs of the annual verification of foreign-related social investigation activities.

Where under special circumstances foreign-related social investigation institutions subject to annual verification are not able to accept an annual verification on schedule, they shall apply for extending the handling period of the verification to the qualification identifying organ. Whoever has not passed the annual verification, or have not handled it beyond the prescribed period and have not yet applied for extending the handling period, its License of Foreign-related Social Investigations shall be suspended temporarily or revoked in light of the seriousness of circumstances.

Article 11

With respect to the investigation institutions whose investigation scopes are across the administrative regions of provinces, autonomous regions and municipalities directly under the Central Government, the National Bureau of Statistics shall be responsible for the identification of their qualifications to engage in foreign-related social investigation activities and the annual verification; with respect to the investigation institutions whose investigation scopes are limited within the administrative regions of provinces, autonomous regions and municipalities directly under the Central Government, the statistical institutions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the identification of their qualifications to engage in foreign-related social investigation activities and the annual verification.

Article 12

To conduct foreign-related social investigation activities must be submitted to the statistical institutions of the people's governments at or above the provincial level for examination and approval.

With respect to the scope under investigation across the administrative regions of provinces, autonomous regions and municipalities directly under the Central Government, the investigation shall be reported to the National Bureau of Statistics for examination and approval; With respect to the scope under investigation limited within the administrative regions of provinces, autonomous regions and municipalities directly under the Central Government, the investigation shall be reported to the statistical institutions of the people's government at the provincial level where the investigation will be conducted for examination and approval.

Article 13

In applying for examination and approval of foreign-related social investigation activities, the following materials shall be submitted:

(1)

the License of Foreign-related Social Investigations;

(2)

an application for projects of foreign-related social investigation;

(3)

an investigation plan, which includes the purpose, content, scope, time, object, questionnaire form and mode of investigation;

(4)

a written contract of the entrusted investigation; and

(5)

other materials whose submission is required by the examining and approving organ.

Article 14

The examining and approving organ shall, as of the date of receipt of the application materials, make a decision of examination and approval and issue an Examination and Approval Decision of Foreign-related Social Investigations as quick as possible, and generally the period of time for examination and approval shall not exceed 14 days; in case of special circumstances, the period of time for examination and approval may extend another 10 days.

In case of being up to the qualification upon examination, an approval shall be given; in case of not being up to the qualification, no approval shall be given while the reasons therefor shall be given.

Article 15

Foreign-related social investigation activities whose conducting has been consented to upon approval must be conducted according to the approved investigation plan and shall not be arbitrarily changed; if there is a need to make a change, a written application shall be submitted to the original examining and approving organ and apply for examination and approval of the part changed. No unit and individual shall counterfeit an Examination and Approval Decision of Foreign-related Social Investigations.

Article 16

In conducting foreign-related social investigation activities upon approval, the following contents shall be indicated in a conspicuous place in the questionnaire:

(1)

the approving organ of this project and the approval document number;

(2)

this investigation being voluntary.

Article 17

With respect to the approved foreign-related social investigation activities, the relevant institution shall, before providing the investigation materials or relevant results of research to the organizations and individuals from outside the territory as well as the foreign-related institutions, report to the secret-guarding department at the same level as the original examining and approving organ for examination and approval, and only upon approval may provide them.

Article 18

Where institutions and personnel which engage in foreign-related social investigation activities conduct the foreign-related social investigation activities in the name of governmental statistical institutions and governmental statisticians, they shall be given a warning by the statistical institution of the people's government at or above the provincial level. Where their investigation activities are on non-business, a fine of more than 500 yuan but less than 1,000 yuan shall be imposed; where their investigation activities are on business, the illegal gains shall be confiscated if any, and a fine equivalent to one to three times the illegal gains but not more than 30,000 yuan shall be concurrently imposed, and if there are no illegal gains, a fine of more than 5,000 yuan but less than 10,000 yuan shall be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 19

Whoever commits one of the following illegal acts shall be dealt with in accordance with the provisions of relevant laws and regulations; if the circumstances are serious, the License of Foreign-related Social Investigations shall be suspended temporarily or revoked and a proposal shall be made to relevant department to cancel the legal person status:

(1)

making use of foreign-related social investigation activities to obtain State secrets, jeopardize the State security and interests, damage the public interests and engage in frauds;

(2)

making use of foreign-related social investigation activities to jeopardize others' interests, or without the agreement of the investigated unit or individual divulge the single-item investigation information of the investigated unit or individual known in the foreign-related social investigation activities; or

(3)

counterfeiting the License of Foreign-related Social Investigations or Examination and Approval Decision of Foreign-related Social Investigations.

Article 20

Whoever commits one of the following illegal acts shall be ordered to stop the investigation by the statistical institution of the people's government at or above the provincial level. Where their investigation activities are on non-business, a fine of more than 500 yuan but less than 1,000 yuan shall be imposed; where their investigation activities are on business, the illegal gains shall be confiscated if any, and a fine equivalent to one to three times the illegal gains but not more than 30,000 yuan shall be concurrently imposed, and if there are no illegal gains, a fine of more than 5,000 yuan but less than 10,000 yuan shall be imposed. If the circumstances are serious, the License of Foreign-related Social Investigations shall be suspended temporarily or revoked. If a crime is constituted, criminal responsibility shall be investigated according to law:

(1)

without authorization engaging in foreign-related social investigation activities by failing to pass the qualification identification or the annual verification;

(2)

without authorization engaging in foreign-related social investigation activities without approval, or failing to conduct the investigation activities according to the approved investigation plan;

(3)

in case of foreign-related social investigation activities conducted upon approval, failing to indicate the approving organ, the approval document number and investigation on a voluntarily basis in a conspicuous place in the questionnaire.

Article 21

Domestic investigation institutions which without approval and without authorization provide the investigation materials and results of research obtained to the organizations and individuals outside China as well as the foreign-related institutions shall be dealt with according to the relevant provisions of the State secret-guarding department.

Article 22

The working staff of the competent department of foreign-related social investigation activities, in performing their functions and responsibilities, neglecting their duties, abusing their powers, committing illegalities for personal gains or by fraudulent means or illegally divulging the business secrets about the relevant investigation institutions shall be given administrative sanctions according to law; if losses are caused, civil liability shall be born; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 23

Only when three full months have passed since the temporary suspension of the License of Foreign-related Social Investigations, may an application for its return be made. Only when two full years have passed since the revocation of the License of Foreign-related Social Investigations, may a re-application for the qualification to engage in foreign-related social investigation activities be made.

Article 24

Where an institution conducting foreign-related social investigation activities is dissatisfied with the decision or punishment made in accordance with these Measures by the statistical institution of the people's government of a province, an autonomous region or a municipality under the Central Government or the National Bureau of Statistics, it may apply for reconsideration to the National Bureau of Statistics according to law, and may also directly bring a lawsuit to the people's court.

Article 25

Social investigation activities involved in the cooperative project between our government and foreign governments as well as international organizations shall be conducted in accordance with the relevant provisions of the State.

Article 26

The provisions of these Measures are applicable to the social investigation activities conducted in the mainland by the organizations or individuals of Hong Kong Special Administrative Region, Macao region or Taiwan region.

Article 27

The National Bureau of Statistics is responsible for the interpretation of these Measures.

Article 28

These Measures shall enter into force as of August 15, 1999.