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Regulations of the Shenzhen Special Economic Zone on Statistics

Public Notice of the Standing Committee

of the Shenzhen Municipal People' s Congress

(No. 38)

 

       Regulations of the Shenzhen Special Economic Zone on Statistics is adopted at the Twelfth Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on December 26, 1996 and now promulgated, and shall take effect as of May 1, 1997.

 

                                   The Standing Committee of the Shenzhen

                                   Municipal People' s Congress

                                   December 26, 1996

 

Regulations of the Shenzhen Special Economic Zone on Statistics

 

(Adopted at the Twelfth Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on December 26, 1996)

 

Chapter I General Provision

 

       Article 1 In order to organize the statistical work of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone) scientifically and efficiently, promote statistical modernization, normalize statistical management, ensure the accuracy, timeliness, and completeness of statistical data, and give play to the important role of statistics in the national economy and social development, these regulations are hereby formulated in accordance with Statistics Law of the People' s Republic of China and the related law, regulations, and in the light of the specific conditions of the Special Zone.

 

       Article 2 When the statistical institutions and various departments of the people' s governments of the Special Zone at various levels making statistical surveys and analyses of the national economy and social development, providing statistical data and advices, and implementing statistical supervision, these regulations shall apply.

       The statistical institutions of the people' s governments of the Special Zone at various levels (hereinafter referred to as the municipal, district, township statistical institutions) referred to in these regulations shall mean the administrative departments of statistics of the people' s governments at various levels.

 

       Article 3 On the basis of complying with the national system of statistical indicators, the Shenzhen Municipal People' s Government (hereinafter referred to as the municipal government) may set new statistical indicators according to the specific needs of the Special Zone.

       The statistics of the Special Zone shall follow the unified national statistical standards formulated by the state and the department statistical standards formulated by the various departments of the State Council; if there is neither national statistical standard nor department statistical standard that applies, the municipal government may set supplementary statistical standards.

 

       Article 4 The municipal government shall have a plan to strengthen the modernization of statistical information processing, transmission technology, and data base system.

       The various departments of the municipal government, the other state organs shall establish statistical data bases in accordance with the requirements of statistical modernization, and interlink computers into a network.

 

       Article 5 The data concerning the establishment, change, cancellation, authorized size, code, etc., of the objects of statistical survey such as the state organs, social organizations, enterprises and institutional units, etc., which are recorded by the departments of industry and commerce administration, taxation, civil administration, personnel administration, and other related departments of the municipal, district people' s governments within their functional authority, shall be provided for the municipal, district statistical institutions as they really are.

 

       Article 6 The municipal statistical institution shall establish an early warning evaluation system of social and economic conditions and provide analyzing reports about social and economic developments for the municipal government on a regular basis.

       When drawing up their plans for the national economy and social development, working out fiscal budgets, and making decisions on the policies to deal with major social and economic issues, the people' s governments of the Special Zone at various levels shall request their statistical institutions to provide the related advisory reports.

 

       Article 7 The municipal, district statistical institutions shall develop statistical advisory services, and make full use of the social and economic information, which are allowed to be open, to serve enterprises and the public.

 

       Article 8 The independence of statistical institutions and personnel in exercise of their functions and power in statistical surveys, statistical reports, and statistical supervision in accordance with law shall be protected from encroachment.

       The objects of statistical survey such as the state organs, social organizations, enterprises and institutional organizations, and individual businesses, etc., shall provide statistical materials as they really are in compliance with the law, regulations of the state and these regulations, and may not make false statistical entries, hide the truth in making statistical reports, refuse or delay to submit statistical reports, forge or falsify statistical data; the basic-level self-governing mass organizations and individuals shall have obligation to provide what the state needs for statistical surveys as they really are.

       The statistical work shall accept the public' s supervision. Any unit and individual shall have the right to report, inform the illegal acts of practicing fraud, etc., in statistical work, the unit and individuals performing meritorious service in reporting, informing shall be rewarded.

 

       Article 9 The leading officers of the municipal, district, township people' s governments and their various departments, various units shall not revise by themselves the statistical data provided by statistical institutions and personnel according to law, regulations; in case of finding any mistake in quantitative data' s calculation or their origins, the question shall be raised, and the statistical institutions and personnel shall make verification and correction; if there is disagreement between the leading officers and statistical institutions and personnel, both parties' opinions may be reported at the same time, and verified and decided by the statistical institutions at a higher level.

        The leading officers of the municipal, district, township people' s governments and their various departments, various units shall not instruct or incite statistical institutions and personnel to falsify statistical data or fabricate false quantitative data. The statistical institutions and personnel shall reject, resist the acts of leading officers' instructing or inciting to falsify statistical data or fabricate false quantitative data, report and submit statistical data as they really are in compliance with law, regulations, and statistical system, and be responsible for the authenticity of the reported statistical data.

       Statistical institutions and personnel shall be protected by law in performing their duties according to law. The leading officers of the people' s governments at various levels, various departments, and various units shall not retaliate those of the statistical personnel who have rejected, resisted the acts of falsifying statistical data or fabricating false quantitative data.

 

       Article 10 The statistical data classified as state secrets shall be kept secret by statistical institutions and personnel; the particular materials of the objects of statistical survey which have been obtained in surveying shall be kept secret, and may not be used for the purpose other than statistics.

 

Chapter II Statistical Institutions and Personnel

 

       Article 11 The principal duties of the municipal statistical institution shall be as follows:

(1)   to complete the tasks of national statistical surveys, implement the national statistical standards, and put into effect the unified national system of basic statistical reports;

(2)   to supervise and inspect the implementation of the law, regulations on statistics, give publicity to the law, regulations on statistics, and disseminate the knowledge of statistics;

(3)   to unify the leadership and coordination of the Special Zone' s statistical work and national economic accounting;

(4)   to draw up a modernization plan for the Special Zone' s statistical work and its implementation scheme, and organize implementation after approval;

(5)   to draw up statistical survey plans for the Special Zone and survey schemes, collect, sort out, and provide basic statistical data, make statistical analyses of the basic conditions of the national economy and social development in the Special Zone, provide statistical advice, and conduct statistical supervision;

(6)   to examine the schemes of the various departments of the municipal government to do statistical surveys of the society, manage and coordinate the statistical forms and standards formulated and distributed by the various departments of the municipal government;

(7)   to inspect, approve, manage, release, and publish the basic statistical data of this municipality, regularly release the statistical bulletin of this municipality on the national economy and social development;

(8)   to establish, improve, and manage the Special Zone' s automatic statistical information system and statistical data base system, organize, coordinate, and manage the statistical data base network of the various departments of the municipal government;

(9)   the other duties prescribed by the law, regulations.

The district statistical institutions shall be responsible for the statistical work

under their respective jurisdiction by referring to the above section.

       The township people' s governments shall establish statistical institutions to be responsible for the statistical work of their respective townships.

 

       Article 12 The various departments of the municipal, district people' s governments and other state organs shall establish statistical institutions or statistical personnel in accordance with the needs of the statistical work, their professional statistical work shall be directed by the municipal, district statistical institutions.

       The agencies of the municipal, district people' s governments and the organizations entrusted by the municipal, district people' s governments with centralized management by specialized governmental departments within the limits of certain areas shall, in accordance with the needs of the statistical work, establish statistical institutions or personnel to be responsible for the statistical work in the areas under their respective jurisdiction within the limits of authority delegated by the municipal, district governments.

 

       Article 13 The social organizations, enterprises and institutional organizations registered in the Special Zone shall establish statistical institutions or statistical personnel in accordance with the needs of implementation of the tasks of both national and local statistical surveys.

 

       Article 14 The departments, units which have established statistical institutions or personnel shall set chief officers in statistics to represent these departments or units to perform the duties prescribed by the law, regulations on statistics.

 

       Article 15 The statistical personnel working in the Special Zone shall have the professional knowledge that is needed for implementation of statistical tasks, and hold Certificate of Qualifications for Statistical Post issued by the municipal statistical institution after exams.

       The persons who have taken the national uniform exam and obtained the technological qualifications for statistical profession may bring the certificates of technological qualifications for statistical profession to apply and receive Certificate of Qualifications for Statistical Post.

 

       Article 16 Statistical personnel shall strictly abide by law, regulations, scrupulously adhere to professional ethics, complete statistical tasks accurately and timely, and keep statistical secrets.

       When statistical personnel performing duties, they shall have the right to request the related units and persons to provide statistical data as they really are in accordance with law, regulations; examine the accuracy of statistical data and request to correct the inaccurate statistical data; reject, resist falsifying statistical data and fabricating false quantitative data; report and inform about illegal acts in statistical surveys.

 

       Article 17 The municipal, district statistical institutions shall set statistical surveyors, and may also engage temporary statistical surveyors according to the specific needs of the statistical work.

 

       Article 18 The municipal, district statistical institutions shall establish institutions for statistical inspection and statistical inspectors to be responsible for inspecting the implementation of the various laws, regulations on statistics, investigating and punishing the acts in violation of the laws, regulations on statistics.

 

Chapter III Statistical Surveys

 

       Article 19 The municipal statistical institution shall draw up the Special Zone' s annual plans of statistical survey and also mid-term, long-term plans, and organize their implementation after approval.

       If there are severe disasters or other unpredictable events taking place, the municipal, district people' s governments may decide to do temporary surveys not included in the original plans.

 

       Article 20 The projects of municipal statistical surveys shall be drawn up by the municipal statistical institution or worked out jointly with the related departments, and reported to the municipal government for approval.

       The projects of various districts' statistical surveys shall be drawn up by the district statistical institutions or worked out jointly with the related departments, and reported to the district people' s governments for approval and also to the municipal statistical institution for being put on record.

       The project of statistical surveys of various departments of the municipal, district people' s governments shall be drawn up by the respective departments and reported to the municipal, district statistical institutions for being put on record if the objects of  statistical survey are under the jurisdiction of these departments; if the objects of statistical survey are beyond the jurisdiction of these departments, the projects shall be reported to the municipal, district statistical institutions for approval, and reported to the municipal, district people' s governments for approval also if the projects of statistical surveys are important.

 

       Article 21 The statistical surveys approved by the municipal government shall be compulsory, and the objects of statistical survey shall provide the data needed by the statistical surveys as they really are; as for non-compulsory statistical surveys, the objects of statistical survey may decide by themselves if they provide the data needed by the statistical surveys.

 

       Article 22 For each project of statistical survey, a statistical survey scheme shall be drawn up, and reported for approval or put on record in accordance with Article 20 of these regulations.

       A statistical survey scheme shall include the following main items:

(1)   the name and purpose of the project of survey;

(2)   the scope, objects, and methods of the survey;

(3)   the time and place for the data to come into being;

(4)   the period of time, the rate of progress, and the methods of quality control of doing the survey;

(5)   the statistical survey forms for the objects of statistical survey to fill out and the instructions;

(6)   the statistical summary forms for sorting out data and reporting, and the instructions;

(7)   the organization of the survey, and the personnel and funds needed for the survey and their sources;

(8)   the time and way to release the results of the statistical survey.

 

Article 23 The city-wide statistical surveys shall not be repetition of the national

statistical surveys and the Guangdong provincial statistical surveys; the district statistical surveys shall not be repetition of the municipal statistical surveys.

       The statistical surveys made by the various departments of the municipal, district people' s governments shall not be repetition of the statistical surveys of the professional institutions at higher levels and the municipal, district statistical surveys.

 

       Article 24 In collecting and sorting out basic statistical data, the statistical surveys of  the municipality, districts and their various departments shall take the national periodic general surveys as the basis, the sample surveys as the main body, and the necessary statistical reports, priority surveys, comprehensive analysis, and other scientific methods of statistical survey as the supplement.

       When making frequent sample surveys, the basic units for survey and their distribution shall be ascertained before the surveys start, and the scientific sampling framework shall be established according to the approved schemes of sample surveys.

       Strict restrictions shall be imposed on giving out overall periodic statistical report forms to basic-level units. It shall not be allowed to formulate and issue overall periodic statistical report forms if the statistical quantitative data to meet statistical requirements can be obtained through sample surveys, priority surveys, and administrative records.

 

       Article 25 Statistical survey forms shall be standardized and easy to be processed by computers.

       The name of the form-making unit, the form number, the name of the statistical institution to approve or to put the form on record, the document number, etc., shall be indicated on the upper right corner of the form.

       The objects of statistical surveys shall have the right to refuse to fill out the statistical survey forms which are formulated in violation of the rules of the state and these regulations.

 

       Article 26 The survey organizations designated in the statistical survey schemes which have been approved or put on file shall be responsible for making statistical surveys. Before surveying, the survey organizations shall announce the names of the survey projects, the purposes, scopes, objects, and methods of the surveys, the periods of time for making the surveys, etc.

 

       Article 27 Before making statistical surveys, the survey organizations shall give the statistical survey personnel instructions on their authority, duties, and methods of making surveys.

       When conducting statistical surveys, the statistical survey personnel shall present Certificate of Statistical Surveyor or Certificate of Temporary Statistical Surveyor to the objects of statistical survey; in case of failure to present these certificates, the objects of statistical survey shall have the right to refuse to provide data.

 

       Article 28 The survey organizations shall promptly sort out and analyze collected statistical data, work out statistical survey reports.

       The statistical survey reports worked out by the municipal, district statistical institutions shall be submitted respectively to the municipal, district people' s governments, and also submitted to the statistical institutions at a higher level to be put on record.

       The statistical survey reports worked out by the various departments of the municipal, district people' s governments and the statistical data obtained in implementing the statistical survey tasks of the state or the responsible departments at a higher level shall be submitted to the municipal, district people' s governments and also to the municipal, district statistical institutions to be put on record.

       When working on statistical survey reports, the survey organizations may draw up research reports on special topics according to what is needed.

 

Chapter IV Management and Release of Statistical Data

 

       Article 29 The municipal, district, township statistical institutions shall, in accordance with their respective authority, uniformly manage the statistical data within the scope of local statistical surveys.

       The statistical data within the scope of statistical surveys of the various departments of the municipal, district people' s governments shall be uniformly managed by the statistical institutions of the various departments or chief officers in statistics.

       The statistical data of other state organs, social organizations, enterprises and institutional organizations shall be uniformly managed by the various units' statistical institutions or chief officers in statistics.

 

       Article 30 As the objects of statistical survey, the state organs, social organizations, enterprises and institutional organizations shall establish the original statistical records and statistical master-files, improve the management systems of examination, report, handover, filing, security, etc. Anyone shall not falsify, hide, or destroy the original statistical records and statistical master-files.

 

       Article 31 The city-wide comprehensive statistical data obtained through statistical surveys and the other statistical data designated by the municipal government shall be released by the municipal statistical institution. The municipal statistical institution shall release the statistical data of the national economy and social development on the regular basis per month, quarter, and year.

      The district, township statistical institutions shall release the statistical data obtained through statistical surveys by referring to the above section.

       The various departments of the municipal, district people' s governments may release the statistical data within the scope of the profession which they are responsible for, but these data shall be consistent with the reported statistical data. The inter-department, inter-unit statistical materials may be released only after the municipal, district statistical institutions' approval.

       The statistical data released by the municipal, district, township statistical institutions shall be taken as the standard for the statistical data of the municipality, districts, and townships.

       Statistical data may be released through bulletin, news media, statistical publications, e-mail, etc.

 

       Article 32 If any released statistical data need to be corrected by reason of facts or the basis for calculation, the original releasing office shall make the corrected data public and explain the reason.

 

       Article 33 The various departments of the municipal, district people' s governments and the other state organs shall, in accordance with the needs of performing their duties, request the municipal, district statistical institutions to provide statistical data according to rules, the municipal, district statistical institutions shall provide such data without charge.

 

       Article 34 Social organizations, enterprises and institutional organizations, and individuals may request the released statistical data from the municipal, district statistical institutions, and the municipal, district statistical institutions may charge for the cost of production.

       The municipal, district statistical institutions shall engage in non-gratuitous services by providing, in accordance with the related rules of the state, the statistical information data which are not prescribed by these regulations and the statistical system, the standard to charge for such services shall be approved by the municipal department of prices.

 

Chapter V Statistical Supervision and Inspection

 

       Article 35 The municipal, district statistical institutions shall regularly supervise and inspect the implementation of the law, regulations on statistics and the statistical work.

        The main items of statistical inspection shall be as follows:

(1)   the implementation of the statistical survey plans and schemes;

(2)   the accuracy of the original data and statistical results;

(3)   the completeness of the statistical contents;

(4)   the implementation of the statistical standards;

(5)   the degree of appropriateness of statistical methods and techniques;

(6)   the development of the interlinked computer networks and data bases related to the statistical work;

(7)   the management of statistical data.

 

Article 36 The municipal, district statistical institutions shall establish the quality

evaluation systems for the various statistics which have been done within their respective administrative areas, and circulate notices of evaluation results on a regular basis.

       The municipal, district statistical institutions and the other departments organizing statistical surveys shall establish their internal statistical supervision systems in accordance with the law, regulations on statistics.

 

       Article 37 The municipal, district statistical institutions shall be responsible for investigating the cases of statistical violation of law, and may form joint investigation teams with the related departments to do investigation together.

       When statistical inspectors doing investigation into the cases of statistical violation of law, they shall be no less than two persons, and also present Certificate of Statistical Inspector to the objects of investigation.

 

       Article 38 When doing investigation, statistical inspectors shall have the right to inspect, verify the original data, statistical master-files, and materials related to statistics of the objects of statistical survey, and to inquire of the related units and individuals about the issues related to statistics.

 

       Article 39 The municipal, district statistical institutions shall have the right to issue Notice of Statistical Inspection to the units to be inspected. The units to be inspected shall reply according to facts within 15 days from the date of receiving the inspection notice; in case of failure to reply after the deadline, it shall be punished as refusing to report.

 

       Article 40 If violation of the law, regulations on statistics has been ascertained in a case of statistical violation of law, but a crime has not been constituted, the municipal or district statistical institution in charge of investigation shall deal with the case according to these regulations, propose sanctions on the related leading persons or directly responsible persons who need to be administratively disciplined, and submitted the proposals with the copy of the case' s materials to the related departments according to the authority of cadre management for decisions.

        If a crime in violation of the law, regulations on statistics has been ascertained, the case shall be referred to a judicial office to investigate into the criminal responsibility.

 

       Article 41 When making a proposal to impose sanctions for illegal acts in the statistical work according to the first section of Article 40 of these regulations, the municipal, district statistical institutions shall draw up Notice on Proposed Sanction for Statistical Violation of Law to notify the related department or unit. The related department or unit shall make a decision promptly after receiving Notice on Proposed Sanction for Statistical Violation of Law and inform the proposing statistical institution of the decision in writing; in case of refusing to accept the proposed sanctions, a written opinion shall be submitted to the statistical institution within 40 days from the date of receiving the notice; if the related department or unit has failed either to make a decision or to submit a written opinion after the deadline, the administrative responsibility of the leading person of the department or unit shall be ascertained.

 

       Article 42 When imposing an administrative sanction for the acts in violation of the law, regulations on statistics according to these regulations, the municipal, district statistical institutions shall draw up Notice on the Decision of Administrative Sanction  for Statistical Violation of Law to send to the party concerned.

       If the party concerned has refused to accept the decision of sanction made by the municipal, district statistical institutions, an application for administrative review may be filed according to law, and legal action may also be directly taken at the people' s court.

 

Chapter VI Legal Liability

 

       Article 43 If an object of statistical survey has taken one of the following illegal acts in violation of these regulations, the municipal, district statistical institutions shall respectively order correction by a deadline and circulate a notice of criticism; if the circumstances are serious, the municipal, district statistical institutions may impose administrative sanctions on the directly responsible person in charge and other directly responsible persons according to law, or propose that the related departments impose administrative sanctions according to law:

(1)   to make false statistical entries, hide the truth in making statistical reports;

(2)   to fabricate, falsify statistical data;

(3)   to refuse to report or delay reporting statistical data repeatedly.

If any enterprise and institutional organization, individual business has taken one

of the illegal acts referred to in the above section, the municipal or district statistical institution shall give a warning and may also impose a fine of more than 2,000 but less than 10,000 RMB. If a fine has already been imposed on the same party concerned for the same illegal act according to the other law, there shall be no more fine to be imposed.

 

       Article 44 In case of resisting, obstructing statistical surveys and the supervision and inspection of statistical law enforcement, or covering up, shielding the acts of statistical violation of law, the municipal, district statistical institutions shall circulate a notice of criticism, order stopping illegal acts, and impose a fine of more than 1,000 but less than 5,000 RMB on the directly responsible person and the chief of the unit according to how serious the circumstances are.

 

       Article 45 If the leaders of the municipal, district, township people' s governments and their related departments, units have revised by themselves the statistical data, fabricated false quantitative data or instructed, incited the statistical institutions and personnel to falsify the statistical data or fabricate false quantitative data, administrative sanctions shall be imposed according to law, and notices of criticism shall also be circulated.

       If the leaders of the municipal, district, township people' s governments and their related departments, units have retaliated those of the statistical personnel who refuse, resist falsifying statistical data or fabricating false quantitative data, they shall be imposed on administrative sanctions according to law; if the damage has been done to those of the statistical personnel, the civil responsibility shall be born according to law; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.

       If false statistical data have been used to gain by fraud an honorary title, material rewards or promotion, the office making the related decisions or its superior office, supervising office shall cancel the honorary title, recover the material rewards, and dismiss the party concerned from the post promoted to.

 

       Article 46 If anyone of the statistical personnel has participated in falsifying statistical data, fabricating false quantitative data, or making false statistical entries, hiding the truth in making statistical reports, refusing to submit statistical reports, the municipal or district statistical institution shall circulate a notice of criticism, impose an administrative sanction according to law or propose that the related department impose an administrative sanction according to law.

 

       Article 47 In case of organizing a statistical survey without authorization or repeating a survey in violation of Articles 20, 23 of these regulations, the municipal or district statistical institution shall order stopping the survey, circulate a notice of criticism; if the circumstances are serious, the administrative responsibility of the person in charge shall be ascertained.

 

       Article 48 In case of disclosing state secrets or using statistical surveying to steal state secrets, the penalty shall be inflicted according to law.

       In case of using statistical surveying to damage society' s public interests or to engage in fraudulent activities, the municipal or district statistical institution shall order correction, confiscate illegal earnings, and may impose also a fine of 2 to 3 times of the sum of the illegal earnings; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.

 

       Article 49 If any statistical institution, anyone of the statistical personnel has abused power or disclosed the particular materials of the objects of statistical survey and caused damages, the civil responsibility shall be born according to law, and administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible persons; if a crime has been constituted, the criminal responsibility shall be ascertained.

 

       Article 50 In case of releasing statistical data beyond authority in violation of Article 31 of these regulations, the municipal or district statistical institution shall order correction and elimination of ill effects, and circulate a notice of criticism.

 

       Article 51 If the municipal, district statistical institutions have engaged in fraudulent, misleading activities of evaluation or advice, and caused damages, the civil responsibility shall be born according to law, and administrative sanctions shall be imposed on the chief responsible person and the directly responsible persons according to law.

 

Chapter VII Supplementary Provision

 

       Article 52 The municipal government may formulate detailed rules on implementation in accordance with these regulations.

 

       Article 53 These regulations shall take effect as of May 1, 1997.


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