Laws of the People's Republic of China

No. 9

The Regulations concerning the Examination on the Execution of Statistics Law , which were amended and adopted at the 8th executive meeting of the National Bureau of the Statistics of China on July 12,2006, are hereby promulgated and shall come into force upon promulgation. Commissioner Qiu Xiaohua

July 17,2006

The Regulations concerning the Examination on the Execution of Statistics Law

(Formulated by the National Bureau of Statistics of China on June 20, 2001, and amended by the National Bureau of Statistics of China on July 12, 2006)

Chapter I General Provisions

Article 1

In order to scientifically and effectively organize the examination on the execution of statistics law, safeguard the implementation of the Statistics Law and the statistics system, and maintain and enhance the quality of statistical data, the present Regulations are formulated in accordance with the Statistics Law of the People's Republic of China and the detailed rules for its implementation

Article 2

The statistical institutions of the people's governments at the county level or above and the investigation teams at all levels as assigned by the National Bureau of Statistics of China shall be the organs of the examination on the execution of statistics law, and be responsible for the supervision and inspection over the implementation of the Statistics Law and the statistics system as well as the investigation and punishment over the acts against the Statistics Law or the statistics system according to laws.

The statistical institutions of the people's governments at the county level or above and the investigation teams at all levels as assigned by the National Bureau of Statistics of China shall divide their work and coordinate with each other, intensify their communication and avoid repeated examinations.

Article 3

Each relevant department of the people's government at the county level or above shall, under the organization and guidance of the statistical institution of the people's government at the corresponding level, be responsible for the supervision and inspection over the implementation of the Statistics Law and the statistics system within its jurisdictional system, and assist the statistical institution of the people's government at the corresponding level to investigate and punish the acts of illegal statistics within its own jurisdictional system.

Article 4

The organs for the examination on the execution of statistics law at all levels shall establish an liability system for administrative execution of law, and practically safeguard necessary work conditions for the examination on the execution of statistics law such as the personnel, outlay and so on.

Article 5

The guidelines that "the laws must be fully observed and strictly enforced, and law-breakers must be prosecuted" shall be implemented, the principle of combining precaution, investigation and punishment, and rectification as well as combining penalty and education, and the principles of legality, equity, openness and efficiency shall be insisted in the examination on the execution of statistics law.

Article 6

The organs for the examination on the execution of statistics law at all levels shall encourage the social supervision over the implementation of the Statistics Law. The National Bureau of Statistics of China shall set up a reporting center to accept reports on statistical illegal acts from all circles of the society.

Chapter II Organs for the examination on the execution of statistics law and the Inspectors

Article 7

The Legal Affairs Organ of the National Bureau of Statistics shall be in charge of the uniform organization and administration of the examination on the execution of statistics law throughout the country.

The organ for the examination on the execution of statistics law at the provincial level or the districted city level shall mount a special organ for the examination on the execution of statistics law and equipped with professional inspectors.

The organ for the examination on the execution of statistics law at the county level may, pursuant to the demand of work, mount a special organ for the examination on the execution of statistics law, or be equipped with necessary inspectors if it does not have such a organ.

All relevant departments of the people's government at the county level or above may be equipped with inspectors pursuant to the demand of the work.

Article 8

The main responsibilities of an organ for the examination on the execution of statistics law shall be:

(1)

to propagandize and implement the Statistics Law;

(2)

to organize, guide, supervise and administrate the examination on the execution of statistics law;

(3)

to accept reports on illegal statistics , investigate, transfer and supervise the transaction of cases of illegal statistics;

(4)

to transact matters on statistical administrative reconsiderations and administrative litigation; and

(5)

to perform other duties as endowed by the laws, regulations and rules.

Article 9

An inspector for the examination on the execution of statistics law shall possess the following qualifications:

(1)

sticking to principles, being decent, being loyal for his duties and abiding by disciplines and laws;

(2)

having a junior college diploma or above;

(3)

having the relevant legal knowledge and being familiar with the statistical business; and

(4)

having participated in the qualification training of inspectors for the examination on the execution of statistics law, and having passed the examination and got a certificate of inspector for the examination on the execution of statistics law

Article 10

The qualification training and examination of inspectors for the examination on the execution of statistics law shall be planned, organized and administrated uniformly by the National Bureau of Statistics of China, and be implemented by the provincial organ for the examination on the execution of statistics law.

Article 11

The organs for the examination on the execution of statistics law at all levels shall strengthen the professional moral education and professional skill trainings to its inspectors for the examination on the execution of statistics law, and shall improve the system of management, examinations, rewards and punishment.

Chapter III General Provisions for the examination on the execution of statistics law

Article 12

The organs for the examination on the execution of statistics law and the relevant departments at all levels shall establish the system of the examination on the execution of statistics law, and conduct regular work of the examination on the execution of statistics law by comprehensively adopting ways of overall inspection, special inspection and emphases inspection and so on.

Article 13

The matters about the examination on the execution of statistics law shall include:

(1)

Whether there is any acts that infringement upon the independent exercises of authorities of statistical survey, statistical reports and statistical supervision by statistical organs and personnel;

(2)

Whether there is any acts of altering statistical data which violate legal procedures or statistical system;

(3)

Whether there is any acts of false reporting,, deceptive reporting, forgery ,alteration, refusing to report or delaying of reports of statistical materials;

(4)

Whether a statistical institution has been established, or the statistical personnel have been equipped with in accordance with the law;

(5)

Whether the original records and statistical ledgers are set up;

(6)

Whether the statistical personnel have a statistical practitioner qualification;

(7)

Whether a statistical investigation project has been reported for approval in accordance with the legal procedures, and whether a legal identifier is marked on the top right corner of a statistical investigation form;

(8)

Whether the investigation is conducted strictly according to the approved statistical investigation scheme, and whether the content, target or time of the investigation has been altered at will;

(9)

Whether the management and publication of statistical materials accord with the related provisions, and whether there are any acts by which the state secrets, business secrets of objects under statistical surveys or the monomial investigation materials of individuals= or families are divulged;

(10)

Whether a foreign-related survey is conducted in accordance with law; and

(11)

Other matters as stipulated by laws, regulations and rules.

Article 14

An organ for the examination on the execution of statistics law shall draft the examination plans which shall include the basis, time, objects, contents and organizational form of the examination before organizing the implementation of a examination on the execution of statistics law.

With respect to those entities that are found with suspicion of illegal statistics , a same organ for the examination on the execution of statistics law shall not implement examination on the execution of statistics law to any of them more than once every year.

Article 15

To conduct a examination on the execution of statistics law, the object under examination shall be noticed in advance, informing it of the name of the organ for the examination on the execution of statistics law, the basis, scope, contents, methods and time of the examination, as well as the concrete requirements to the said object, etc.

With respect to an examination implemented to a unit being suspected of any illegal statistics, the examination notice can be issued at a proper time as considered by the organ for the examination on the execution of statistics law.

Article 16

When conducting any examination on the execution of statistics law ,an inspector shall, first produce his certificate of the examination on the execution of statistics law or any other certificate of execution of law as prescribed by the laws, regulations or rules to the object under statistical examination.

The relevant unit or individual has the right to refuse the examination if he fails to produce a legitimate certificate of execution of law.

Certificates of the examination on the execution of statistics law shall be the valid certificates for the implementation of the examination on the execution of statistics law which shall be printed uniformly by the National Bureau of Statistics of China and be issued upon verification by the National Bureau of Statistics of China and the provincial organs for the examination on the execution of statistics law

Article 17

The organs and inspectors for the examination on the execution of statistics law shall have the following authorities:

(1)

sending out statistical examination inquiry letters according to law, inquiring those under statistical examination on relevant items;

(2)

requiring those under statistical examination to provide original records and vouchers, statistical ledgers, statistical investigation forms, accounting materials and other related certificates and materials concerning the matters under statistical examination; and checking related materials by entering into the data entry and handling system subject to the electronic computer management of those under statistical examination;

(3)

entering into the operation sites and places for storing goods of those under statistical examination to conduct on-site examinations and verifications;

(4)

upon approval of the principal of the organ for the examination on the execution of statistics law ,registering and keeping original records and vouchers, statistical ledgers, statistical investigation forms, accounting statements and other related certificates and materials of those under statistical examination;

(5)

inquiring statisticians, principals and relevant persons of the matters concerned with the examination on the execution of statistics law;

(6)

recording and reproducing the information and materials about the cases of illegal statistics ; and

(7)

requiring those under statistical examination to send related materials to a designated place for examination.

Article 18

The organs and inspectors for the examination on the execution of statistics law have obligations to keep confidential the business secrets of those under statistical examination as well as the monomial investigation materials of individuals or families they have got to know during the course of examination.

Article 19

Those under examination and the persons involved thereof shall not refuse to provide the relevant information, shall not provide any false information, shall not stimy or dispute the examination by means of violence or menace, and shall reply faithfully to any statistical examination inquiry letter on schedule.

Article 20

An inspector shall timely submit an examination report to the organ for the examination on the execution of statistics law, and advance handling opinions or suggestions for problems as found in the examination.

The organ for the examination on the execution of statistics law shall handle acts of illegal statistics as found respectively in light of the following circumstances:

(1)

In case of a slight act of illegal statistics, the examinee shall be order to make correction or put forward opinions on the examination on the execution of statistics law; or

(2)

In case of a act of illegal statistics which needs to be put on record for investigation and handling, it shall transact it in accordance with the legal procedures.

Chapter IV Investigation and Handling of Cases concerning Illegal Statistics.

Article 21

Cases concerning illegal statistics shall be investigated and handled by the organs for the examination on the execution of statistics law at all levels.

The organs for the examination on the execution of statistics law at all levels may entrust a team (room or office, etc) for the examination on the execution of statistics law which is lawfully established to investigate and handle the illegal statistics cases of illegal statistics.

Article 22

The cases of illegal statistics of the missionaries of the organs for the examination on the execution of statistics law at all levels or their subordinate public institutions shall be investigated and handled by the said organs or the supervisory organ according to the purview of cadre management.

Article 23

In the examination on the execution of statistics law if any case of illegal statistics is found by any relevant department of the people's government at the country level or above illegal statistics and is considered that an administrative penalty shall be given, it shall timely be transferred to the statistical organ of the people's government at the corresponding level for handling.

Article 24

In the investigation and handling of cases concerning illegal statistics,, the facts shall be clarified, evidences be conclusive, the nature be accurately determined, disposal be apt, the laws be correctly applied and the legal procedures be observed.

Article 25

The general procedures for investigation and handling of cases concerned with illegal statistics shall be: the case filing, investigation, punishment and case settlement.

Any cases concerned with illegal statistics that are found and clearly investigated during the course of the examination on the execution of statistics law and need to be put on record for investigation and handling, shall be put on record for makeup.

Article 26

If a case of illegal statistics accord with Article 33 of the Law of the People's Republic of China on Administrative Penalty, and the facts concerned with illegal statistics are conclusive and have legal basis, an administrative punishment of a fine of not more than 50 Yuan shall be imposed on a citizen or of not more than 1,000 yuan on a legal person or any other organization, or a warning shall be imposed, the simple punishment procedures can be applied, and a statistical administrative penalty decision shall be made on the spot.

Article 27

The following acts of illegal statistics shall be investigated and handled by the organs for the examination on the execution of statistics law according to laws:

(1)

The leader of a region, department or unit alters any of the statistical materials on his own fabricates any false data or forces or instigates the statistical organ or statisticians to alter any statistical materials or fabricate any false data;

(2)

The leader of a region, department or entity take revenge against any statistician;

(3)

Any statistical institution or statistician participates in the alteration of any statistical materials or fabrication of any false data;

(4)

Reporting falsely or deceptively, forging or altering any statistic materials;

(5)

Refusing to report statistical materials, or repeatedly delaying the reporting of any statistical materials;

(6)

Providing untrue or incomplete census materials;

(7)

Refusing to provide the information, providing false information, transferring, hiding or destroying original records, statistical ledgers, statistical statements or other materials related to statistics when they are subject to a examination on the execution of statistics law;

(8)

Stimy or dispute the examination on the execution of statistics law by means of violence or menace;

(9)

Any state organ formulates or issues statistical investigation forms without authorization;

(10)

Divulging state secret, business secrets of those under statistical surveys, or monomial investigation materials of individuals or families by way of violating the provisions of Statistics Law or the statistics system;

(11)

Making use of statistical investigations to steal state secrets, damage social public interests or conduct activities of frauds;

(12)

By violating the Measures for Qualification Accreditation of Statistical Practitioners ,employing or hiring any person that has not obtained a qualification certificate for statistical practitioner to engage in the statistical work;

(13)

Illegally conducting foreign-related surveys .; or

(14)

other illegal acts as prescribed by laws, regulations or rules.

Article 28

The statistical institution of the people's government at the county level or above shall govern the illegal statistics cases occurred within its own administrative religion of those cases, the investigation teams at all levels as assigned by the National Bureau of Statistics of China govern those occur in the statistical surveys as organized and implemented by the said investigation teams.

The National Bureau of Statistics of China shall govern those illegal statistics cases that have significant effects within the whole country or that be deemed to be investigated by it.

Article 29

A survey shall be timely organized for those cases that have been determined to be filed for investigation and handling. There shall be two investigators or more for a common case, and for a significant case, a survey team shall be constituted.

Those investigators shall collect evidences lawfully, objectively and comprehensively, and shall not make subjective judgments, listen to or believe partial words, or alter or forge evidences.

Article 30

The investigators shall report the investigation conditions and handling opinions to the leader for examination and approval after finishing the investigation. The handling of a significant case shall be discussed collectively and determined by the principals of an organ for the examination on the execution of statistics law.

Article 31

Upon the termination of the trial of a case concerned with illegal statistics, the case shall be respectively handled in light of the following conditions:

(1)

The case shall be revoked at once if there are insufficient evidences to prove the violation of statistics laws, regulations or rules, or if the violation fact is a slight one, and the offender shall not bear legal liabilities,;

(2)

The case shall be handled by the organ for the examination on the execution of statistics law according to laws if the facts are clear and the evidences are sufficient concerning the violation of statistics laws, regulations or rules , and no crime is constituted yet, ; or

(3)

The case shall be transferred to the judicial organ to run criminal liabilities according to laws if the violation of the Statistics Law constitutes a crime,.

Article 32

Before an organ for the examination on the execution of statistics law makes a statistical administrative penalty decision, it shall inform the relevant parties of the facts, reasons and basis for the penalty as well as the administrative penalty decision to be made, and the rights they enjoy according to laws.

Article 33

Before an organ for the examination on the execution of statistics law imposes a fine of 20,000 Yuan or more on a legal person or any other organization, or a fine of 2,000 Yuan or more on a citizen, it shall inform the parties involved of their right to request for holding a hearing. If any party involved requires a hearing, the organ for the examination on the execution of statistics law shall organize a hearing in light of law.

If any party involved requires a hearing for any cases of illegal statistics as investigated by the statistical organ of the people's government at the county level or above, and if there are concrete provisions about the amount limit of a comparative lager fine by the people's congress or the people's government of the province, autonomous region or municipality directly under the Central Government, such provisions shall prevail.

Article 34

The handling of cases of illegal statistics which have been put on the case files for investigation and handling shall be finished within three months after they are put on record. If it is necessary to prolong the time limit for handling because of any special circumstance, the prolonging shall be reported for approval in accordance with the provisions, but the prolonging time shall be or less than three months.

The case is completed after the handling decision of a case concerned with illegal statistics is executed.

Chapter V Archival Filing and Reporting

Article 35

After being put on record ,the following cases concerned with illegal statistics shall be reported to the organ for the examination on the execution of statistics law at the next higher level within ten days:

(1)

The persons who shall be responsible for illegal statistics involve leaders or cadres of the Party or the government above the section-chief level;

(2)

Retaliating against any statistician who refuses or resists to alter statistical materials or forge false data;

(3)

Stimying or disputing the examination on the execution of statistics law by means of violence or menace;

(4)

A case that is reported by the mass through collective signature or reported publicly by the news media and has caused large effects in the society; or

(5)

Any other case the examination organ holds it necessary to report.

Article 36

Any of the following cases concerned with illegal statistics shall within ten days upon finalization of the case, be reported to the organ of the examination on the execution of statistics law at the next higher level for archival filing:

(1)

Imposing an administrative sanction on a leader or cadre of the Party or the government;

(2)

Holding a hearing;

(3)

Altering or canceling a specific statistical administrative act upon reconsideration;

(4)

A case of statistical administrative lawsuit;

(5)

A case that has been exposed by the news media;

(6)

a fine of 30,000 yuan or more having been Imposed; or

(7)

Any kind of cases that are reported to the organ of the examination on the execution of statistics law at the next higher level after the case is put on record.

The cases as mentioned in Items (1), (3) and (4) of the preceding Paragraph shall, within 30 days after the said cases are settled, be reported to the National Bureau of Statistics of China for archival filing by the provincial organ of the examination on the execution of statistics law .

Article 37

Regular statistical system for investigating and handling the cases concerned with illegal statistics shall be established by The National Bureau of Statistics of China illegal statistics.

An organ of the examination on the execution of statistics law shall periodically report the information on the examination on the execution of statistics law as well as the investigation and handling of illegal statistics to the organ of the examination on the execution of statistics law at the next higher level.

Chapter VI Legal Liabilities

Article 38

If any unit or individual commits any of the following acts, the organ of the examination on the execution of statistics law shall order it or him to make corrections, circulate a notice of criticism, and can impose, or request the relevant organ to impose, an administrative sanction on the principal and other persons who shall directly bear the responsibility; if any unit or individual violates the Law of the People's Republic of China on Public Security-Related Administrative Punishments, an administrative sanction shall be imposed by the public security organ; and any unit or individual which is a suspect of a crime shall be transferred to the judicial organ for criminal liabilities:

(1)

when subject to an examination on the execution of statistics law , refusing to provide any information, providing false information, transferring, hiding or destroying any original records, statistical ledgers, statistical statements as well as other materials related to statistics;

(2)

Stimying or disputing the examination on the execution of statistics law by means of violence or menace; or

(3)

Failing to reply to a statistical examination inquiry letter faithfully and timely.

If an enterprise or institution commits any illegal act as prescribed in the preceding paragraph, the organ of the examination on the execution of statistics law shall, in light of the provisions in the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China, give a warning to it and can impose a fine of 50,000 Yuan or less upon it If an self-employed household commits any illegal act as prescribed in the preceding Paragraph, the organ of the examination on the execution of statistics law shall give it a warning, and can impose a fine of 10,000 Yuan or lesson it.

Article 39

The examination on the execution of statistics law organ shall circulate a notice of criticism, and can request the administrative department or the supervisory organ to impose an administrative sanction on him if the leader of a region, department or unit or any other person to be responsible commits any of the following acts; any statistics law enforcement examination ; and he shall be transferred to the judicial organ for criminal liabilities if he is a suspect of a crime.:

(1)

Refusing to accept any examination on the execution of statistics law or failing to organize a examination on the execution of statistics law in accordance with provisions, which caused the important statistical data of his region, department or unit to be inconsistent with the facts ;

(2)

Retaliating against any entity or individual that resists or reports illegal statistics; or

(3)

Screening or conniving at any illegal statistics.

Article 40

If an organ of the examination on the execution of statistics law commits any of the following acts, the principal and other persons to be directly responsible shall be criticized and educated by the administrative department or the supervisory organ , and shall be imposed on administrative sanctions if the circumstances are serious; or shall be transferred to the judicial organ for criminal liability if it is suspected that any crime has been committed:

(1)

Concealing and failing to report any case, refusing to investigate any case, or screening or conniving at any illegal statistics;

(2)

Failing to handle public affairs in light of legal authority , procedures and requirements, which causes unfavorable effects;

(3)

Divulging the reporter or the details of a case by violating the provisions on confidentiality;

(4)

Abusing official capacity or doing self-seeking misconducts; or

(5)

Any other act against law or discipline.

The personnel for the examination on the execution of statistics law who divulges business secrets of those under statistical surveys, or monomial investigation data of individual or family that he has access to during the course of examination, which causes damages shall be given administrative sanction, and shall bear civil liabilities according to law.

Chapter VII Supplementary Provisions

Article 41

The National Bureau of Statistics of China has the power to interpret the present Provisions.

Article 42

The present Provisions shall go into force upon promulgation. The Interim Provisions on the Examination of Statistics Laws and the Interim Provisions on the Investigation and Handling of Illegal Statistics shall be abolished simultaneously.