Laws of the People's Republic of China

National Bureau of Statistics

Order of the National Bureau of Statistics of People's Republic of China

No. 7

The Measures for the Administration of Foreign-related Investigation, adopted at the 5th executive meeting of the National Bureau of Statistics on July 19th, 2004, are hereby promulgated and shall be implemented as of the date of promulgation.

Director of the National Bureau of Statistics, Li Deshui

October 13th, 2004

Measures for the Administration of Foreign-related Investigation

Chapter I General Provisions

Article 1

With a view to strengthening the regulation and administration of foreign-related investigation, safeguarding the national security and public interest and protecting the legal rights and interests of the investigating institutions and the respondents, these Measures are formulated in accordance with the Statistics Law of the People's Republic of China and the detailed rules for the implementation thereof for the purpose of.

Article 2

For the purpose of the present Measures, foreign-related investigation includes:

(1)

market investigation and social investigation conducted under the entrustment or financial aid of any overseas organization, individual or agency in China of any overseas organization;

(2)

market investigation and social investigations conducted in cooperation with any overseas organization, individual or agency in China of any overseas organization;

(3)

market investigation lawfully conducted by the agency in China of any overseas organization; and

(4)

market investigation and social investigations whose materials and results are to be provided to any overseas organization, individual or agency in China of any overseas organization.

Article 3

For the purpose of these Measures, market investigation means any activity of collecting and sorting out information concerning the performance and prospects of certain commodities and commercial service.

For the purpose of these Measures, social investigation means any activity, other than market investigation, of collecting and sorting out certain social information by means of questionnaire, interview, observation or any other means.

In these Measures, "overseas" means outside the customs territory of the People's Republic of China; "in China" means in the customs territory of the People's Republic of China.

For the purpose of these Measures, the agency in China of an overseas organization means the branch or permanent representative office of the organization as established in China with the approval of the Chinese government.

A foreign-related investigation institution referred to herein means any institution that has obtained a permit for foreign-related investigation according to law.

Article 4

The National Bureau of Statistics shall, in conjunction with the relevant departments of the State Council, be responsible for supervising and administrating foreign-related investigation of the whole country. The authorities for statistics of the local people's governments at the level of county or above shall, in conjunction with the relevant departments of people's government at the same level, be responsible for the supervision over and administration of foreign-related investigation in their respective administrative regions.

Article 5

The National Bureau of Statistics and the departments for statistics of the people's government at the provincial level and the functionaries thereof shall keep confidential the business secret they learned of during the administration of foreign-related investigations.

Article 6

Anyone who is engaged in a foreign-related investigation shall comply with the Chinese laws, administrative regulations, rules and the relevant provisions of the State.

Article 7

No organization or individual may carry out any foreign-related investigation that may result in the following consequences:

(1)

violation of the basic principles of the Constitution;

(2)

endangering the unity, sovereignty or territorial integrity of the state;

(3)

stealing, spying out, buying or divulgence of any national secret or information which may endanger the national security or impair the national interest;

(4)

violation of the religious policy of the state or disruption of ethnic solidarity;

(5)

disturbance of the social economic order, undermining of social stability or harm to the public interest;

(6)

propagation of any cult or superstitions;

(7)

any fraud that may infringe upon the lawful rights and interests of others; or

(8)

any other circumstances as provided for by laws, regulations, rules or relevant provisions of the State.

Article 8

The State shall establish a qualification confirmation system for the administration of foreign-related investigation institutions and an examination and approval system for the control of foreign-related social investigation projects.

Article 9

Any foreign-related market investigation must be handled through a foreign-related investigation institution, and any foreign-related social investigation must be handled through a foreign-related investigation institution with an approval of the authority concerned.

No overseas organization or individual may directly conduct any market or social investigation in China or conduct any market or social investigation through any institution without the foreign-related investigation license.

Chapter II Confirmation of the Qualification and the Administration of Foreign-related Investigation Institutions

Article 10

The National Bureau of Statistics and the authorities for statistics of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the qualification confirmation for institutions applying for a foreign-related investigation license.

No individual and no organization without a foreign-related investigation license may conduct any foreign-related investigation in any form.

Article 11

Any institution applying for a foreign-related investigation license shall have the following qualifications:

(1)

have been lawfully established with corporate capacity;

(2)

have the scope of operation or business that includes the market or social investigation;

(3)

have personnel familiar with the provisions of the state in respect of the foreign-related investigation;

(4)

have the corresponding ability to conduct foreign-related investigation;

(5)

have conducted at least three investigation projects or have at least 300,000 yuan of investigation turnover in the year prior to the date of application;

(6)

have a strict and well-established security system; and

(7)

have no record of any major illegal act in the recent two years.

Article 12

The agency in China of an overseas organization with market investigation in its scope of business and meeting the requirements as provided for in Items (3), (6) and (7) of Article 11 may file an application for a foreign-related investigation license and may directly conduct market investigation in China with regard to the commodities or commercial service relating to itself, provided that it may not conduct any social investigation.

Article 13

Where a foreign-related investigation license is applied for, the following documents must be submitted:

(1)

a form of application for a foreign-related investigation license; and

(2)

other materials certifying the satisfaction of the requirements as specified in Article 11 or 12.

Article 14

To apply for a foreign-related investigation license, an institution shall file its application to the National Bureau of Statistics, in the case of investigation involving more than one province, autonomous region or municipality directly under the Central Government, or to the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located, in the case of investigation involving only this province, autonomous region or municipality directly under the Central Government.

The National Bureau of Statistics or the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 20 days from its acceptance of the application, make a decision of approval or disapproval. In the case of failure to make such a decision within the time limit, ten days may be extended upon the approval of the person in charge of the authority, and the applicant shall be notified of the ground for such extension. In the case of a decision of approval, a foreign-related investigation license shall be issued; in the case of a decision of disapproval, the applicant shall be notified of such decision with reasons for such disapproval being stated.

Article 15

A foreign-related investigation license issued by the National Bureau of Statistics shall be valid throughout the country. A foreign-related investigation license issued by the authority for statistics of the people's government of a province, autonomous region or municipality directly under the Central Government shall be valid in this province, autonomous region or municipality directly under the Central Government.

Article 16

The foreign-related investigation license shall give clear indication of the name, type of registration, legal representative or person in charge and domicile of the investigation institution, issuing organ, date, number and term of the license and the scope of business licensed.

Article 17

Where any change in the name, type of registration, legal representative or person in charge or domicile of a foreign-related investigation institution occurs, the institution shall file an application with the issuing organ for a change in its foreign-related investigation license.

Article 18

A foreign-related investigation license shall be valid for three years.

In case any foreign-related investigation institution wishes to extend the term of its foreign-related investigation license, it shall file an application with the issuing organ 30 days before the expiry of the term. No extension shall be granted if no application has been filed within such time limit.

Article 19

Any institution that has terminated its business of foreign-related investigation shall hand over its foreign-related investigation license to the issuing organ within 30 days from such termination.

An expired foreign-related investigation license shall be handed over to the issuing organ within 30 days from such expiry.

Article 20

No organization or individual may forge, use falsely or transfer any foreign-related investigation license.

Chapter III Administration of Foreign-related Investigation Projects

Article 21

The National Bureau of Statistics and the authorities for statistics of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the examination and approval of foreign-related social investigation projects.

Article 22

Any foreign-related investigation institution applying for approval for a foreign-related social investigation project shall submit:

(1)

a form of application for the foreign-related social investigation project;

(2)

a copy of its foreign-related investigation license;

(3)

a copy of the relevant contract of entrustment, financial aid or cooperation;

(4)

an investigation plan, including the purpose, content, scope, time, respondent and method of the investigation;

(5)

the relevant questionnaire, form or outline for the relevant interviews or observations; and

(6)

other background materials related to the investigation project.

Article 23

To Apply for approval for a foreign-related social investigation project, an institution shall file its application to the National Bureau of Statistics, in the case of investigation involving more than one province, autonomous region or municipality directly under the Central Government, or to the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located, in the case of investigation involving only this province, autonomous region or municipality directly under the Central Government.

The National Bureau of Statistics or the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 20 days from acceptance of the application, make a decision of approval or disapproval. In the case of failure to make such a decision within the time limit, ten days may be extended upon the approval of the person in charge of the authority, and the applicant shall be notified of the ground for such extension. In the case of a decision of approval, an approval document for the foreign-related social investigation project shall be issued; in the case of a decision of disapproval, the applicant shall be notified of such decision with reasons for such disapproval being stated.

Article 24

No foreign-related social investigation project having been approved may have any change without authorization. In case any change is needed, the foreign-related investigation institution shall file an application to the original approving organ with regard to the part concerned.

The examining and approving organ shall make a decision on approving or disapproving the change in accordance with Paragraph 2 of Article 23 .

Article 25

The principle of voluntary participation shall be adhered to foreign-related investigation. Any person shall be entitled to decide for himself whether or not to participate in the investigation without coercion by any organization or individual.

When conducting a foreign-related investigation, a foreign-related investigation institution shall state to the respondents the purpose of the investigation and may not act falsely in the name of another institution or mislead any respondent.

Article 26

In an approved foreign-related social investigation, the following matters shall be prominently indicated on the front pages of the questionnaires, forms or outlines for the interviews or observations and stated to the respondents:

the number of the foreign-related investigation license;

the approving organ and the number of the approval document with regard to the investigation project; and

the investigation is conducted in the principle of voluntary participation.

Article 27

A foreign-related investigation institution shall set up records of its business of foreign-related investigations.

Article 28

No organization or individual may forge, use falsely or transfer any approval document for a foreign-related social investigation project.

Article 29

Each foreign-related investigation institution and its relevant personnel shall keep confidential all and any business secret and personal privacy they learned of during the foreign-related investigation.

Chapter IV Legal Responsibility

Article 30

Anyone in violation of Article 7 herein shall be subject to the punishment according to Article 34 of the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China.

Article 31

Anyone in violation of any of the provisions herein and involved in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people's government at the provincial level, with a fine of 500 to 1,000 yuan in the case of not-for-profit investigation activities or, as to for-profit investigation activities, a fine of one to three times the illegal gain, if any, but not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there is no illegal gain. If a crime is constituted, the criminal liability shall be prosecuted according to law:

(1)

conducting any foreign-related investigation not through an institution with a foreign-related investigation license;

(2)

conducting any foreign-related investigation without a license thereof;

(3)

forging, using falsely or transferring any foreign-related investigation license or any approval document for a foreign-related social investigation project;

(4)

conducting any foreign-related investigation by using an expired foreign-related investigation license; or

(5)

conducting any foreign-related investigation beyond its licensed scope of business.

Article 32

Any foreign-related investigation institution or any staff member thereof in violation of any of the provisions herein and involved in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people's government at the provincial level, with a fine of 500 to 1,000 yuan in the case of not-for-profit investigation activities or, as to for-profit investigation activities, a fine of one to three times the illegal gain, if any, but not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there is no illegal gain. If a crime is constituted, the criminal liability shall be prosecuted according to law:

(1)

conducting any foreign-related social investigation without obtaining an approval document;

(2)

making any change in an approved foreign-related social investigation project without authorization;

(3)

divulging any business secret or personal privacy of any respondent;

(4)

coercing anyone into participating in its or his investigation;

(5)

conducting any foreign-related investigation falsely in the name of another institution;

(6)

failing to set up records of its business of foreign-related investigation;

(7)

refusing to accept the inspection of the relevant administrative organ;

(8)

refusing to give facts or provide the relevant materials or giving false representations or providing false materials during the inspection of the relevant administrative organ; or

(9)

failing to indicate or state to the respondents any of the matters as provided for in Article 26 .

Article 33

Any foreign-related investigation institution in violation any of the provisions herein and involved in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people's government at the provincial level, with a warning or a fine of 500 to 1,000 yuan being imposed:

(1)

failing to apply for change in its foreign-related investigation license in the case of any change in its name, type or registration, legal representative or person in charge or domicile; or

(2)

failing to hand over to the issuing organ its foreign-related investigation license in the case of termination of business of foreign-related investigation, or its expired foreign-related investigation license.

Article 34

Any functionary of an authority for statistics who neglects his duty or abuses his power in the administration of foreign-related investigation shall be subject to an administrative sanction according to law or, and if a crime is constituted, criminal liability shall be prosecuted according to law.

Article 35

Any functionary of the National Bureau of Statistics or authorities for statistics of the people's governments at the provincial level who divulges any business secret he learned of during the administration of foreign-related investigation shall be subject to civil liability with an administrative sanction being imposed on the person in charge and other persons directly responsible.

Chapter V Supplementary Provisions

Article 36

The investigation involved in any cooperation project between the Chinese government and any foreign government or international organization shall be conducted in accordance with the relevant provisions of the state.

Article 37

The time limits as provided for in the Present Measures with regard to the administrative licensing shall be counted on the basis of working days excluding official holidays.

Article 38

These Measures shall be implemented as of the date of promulgation. The Interim Measures for the Administration of Foreign-related Social Investigation as promulgated by the National Bureau of Statistics on July 16, 1999 shall be abolished as of the same date.