Order of the President of the People's Republic of China
No. 15
The Statistics Law of the People's Republic of China，adopted at the 9th Meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall become effective as of January 1, 2010.
Hu Jintao
President of the People's Republic of China
June 27, 2009
Statistics Law of the People's Republic of China
(Adopted at the 3rd Meeting of the Standing Committee of the Sixth National People's Congress on December 8, 1983, amended at the 19th Meeting of the Standing Committee of the Eighth National People's Congress in accordance with the Decision on Revising the Statistics Law of the People's Republic of China adopted on May 15, 1996, and revised at the 9th Meeting of the Standing Committee of the Eleventh National People's Congress on June 27, 2009)
Contents
Chapter I General Provisions
Chapter II Administration of Statistical Investigations
Chapter III Administration and Publication of Statistical Data
Chapter IV Statistics Institutions and Statisticians
Chapter V Supervision and Examination
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purposes of organizing statistical work in a scientific and effective manner, ensuring authenticity, accuracy, completeness and timeliness of statistical data, bringing into play the important role of statistics in comprehending the actual condition and strength of the State as well as in serving economic and social development, and promoting the smooth progress of socialist modernization.
Article 2 This Law is applicable to statistics activities organized and carried out by the people's governments at all levels and statistics institutions and relevant departments under the people's governments at or above the county level.
The fundamental task of statistical work is to statistically investigate and analyze economic and social development, to provide statistical data and advice, and to exercise statistical supervision.
Article 3 The State shall establish a centralized and unified statistical system, with a statistical administrative structure under unified leadership and with each level assuming responsibility for its own work.
Article 4 The State Council, local people's governments at all levels and all relevant departments shall strengthen the organization and leadership of statistical work and provide necessary guarantees for statistical work.
Article 5 The State shall strengthen statistical scientific research, improve the scientific system for statistical indicators and constantly improve the method of statistical investigation in order to make statistics more scientific.
The State shall, in a planned way, strengthen statistical information construction and promote the techniques of gathering, processing, transmitting, sharing and storing statistical information as well as the establishment of a modernized statistical database system.
Article 6 Statistics institutions and statisticians shall exercise, independently and without interference, their functions and powers with regard to statistical investigations, statistical reports and statistical supervision in accordance with the provisions of this Law.
Leading persons of the local people's governments at all levels, statistics institutions or relevant departments of the people's governments or any entities shall not, without authorization, modify statistical data legally collected and sorted out by statistics institutions and statisticians. Such leading persons shall not, by any means, require statistics institutions, statisticians or other institutions or persons to forge or tamper with statistical data, nor retaliate against statisticians who perform their duties in accordance with the law or who refuse or oppose any illegal statistical act.
Article 7 State organs, enterprises, public institutions and other organizations, sole proprietor businesses as well as individuals under statistical investigation shall, in accordance with this Law and relevant provisions of the State, provide authentic, accurate and complete data needed for statistical investigations in a timely manner. They shall not provide any false or incomplete statistical data, postpone the reporting of statistical data or refuse to submit statistical data.
Article 8 Statistical work shall be subject to public supervision. Any entity or individual shall have the right to report illegal activities in statistical work, such as fraud and deception. Any entity or individual that has rendered meritorious service by reporting such activities shall be commended and rewarded.
Article 9 Statistics institutions and statisticians shall keep confidential State secrets, trade secrets and individual information learnt in the process of statistical work.
Article 10 No entity or individual shall seek titles of honor, material benefits or job promotion by making use of false statistical data.
Chapter II
Administration of Statistical Investigations
Article 11 Statistical investigation projects shall include projects of State statistical investigations, departmental statistical investigations and local statistical investigations.
State statistical investigation projects shall mean projects of statistical investigation in certain basic conditions in the whole country. Departmental statistical investigation projects shall mean projects of specialized statistical investigation carried out by the relevant departments of the State Council. Local statistical investigation projects shall mean projects of local statistical investigation carried out by the people's governments at or above the county level and their departments.
State, departmental and local statistical investigation projects shall be explicitly divided in their functions. They shall interlink but not overlap.
Article 12 State statistical investigation projects shall be formulated by the National Bureau of Statistics independently or jointly with the relevant departments of the State Council, and shall be reported to the State Council for filing. All important State statistical investigation projects shall be reported to the State Council for examination and approval.
Departmental statistical investigation projects shall be formulated by the relevant departments of the State Council. If the target under statistical investigation is within the jurisdiction of the relevant department, the project thereof shall be reported to the National Bureau of Statistics for filing; if the target under statistical investigation is beyond the jurisdiction of the relevant department, the project thereof shall be reported to the National Bureau of Statistics for examination and approval.
Local statistical investigation projects shall be formulated separately by statistics institutions or the relevant departments of local people's governments at or above the county level, or by them jointly. If a statistical investigation project is formulated by the statistics institution of the people's government at the provincial level independently or jointly with other relevant departments, the project shall be reported to the National Bureau of Statistics for examination and approval. If a statistical investigation project is formulated by the statistics institution of the people's government below the provincial level independently or jointly with other relevant departments, the project shall be reported to the statistics institution of the people's government at the provincial level for examination and approval. If a statistical investigation project is formulated by the relevant departments of the people's government at or above the county level, the project shall be reported to the statistics institution of the people's government at the same level for examination and approval.
Article 13 The relevant authority in charge of examination and approval of statistical investigation projects shall examine whether a statistical investigation project is necessary, feasible and scientific. If a project meets statutory requirements, the authority shall grant an approval in writing and publish the same; if a project fails to meet statutory requirements, the authority shall make a decision of disapproval in writing and state the reasons thereof.
Article 14 The statistical investigation system for a statistical investigation project shall be established while the project is formulated. The investigation project shall be reported together with the investigation system for examination and approval or for filing in accordance with the provisions of Article 12 hereof.
A statistical investigation system shall specify the purpose, contents, methods and target of investigation, methods of organizing the investigation, investigation forms, submission and publishing of statistical data, etc.
A statistical investigation shall be organized and implemented in accordance with its statistical investigation system. Any changes to the content of a statistical investigation system shall be reported to the original examination and approval authority for approval or the original filing authority for filing.
Article 15 Statistical questionnaires shall indicate the number, design department, approval or filing document number, valid period, and other marks.
If a statistical questionnaire does not bear the indications specified in the preceding paragraph or exceeds the valid period, the entity or individual under statistical investigation shall have the right to refuse to fill out the questionnaire and the relevant statistics institution of the people's government at or above the county level shall issue an order to suspend the relevant statistical investigation activities in accordance with the law.
Article 16 The collection and sorting out of statistical data shall be conducted on the basis of cyclical general surveys, mainly through regular sampling surveys and supplemented by the comprehensive use of overall surveys, major surveys or other means, and by making full use of administrative records and other materials.
Important general surveys on national conditions and national strength shall, under the unified leadership of the State Council, be organized by the State Council and the local people's governments and implemented jointly by statistics institutions and the relevant departments.
Article 17 The State shall formulate uniform statistical standards to ensure standardization of definitions of statistical items, computing methods, classification catalogues, investigation forms and statistical coding, etc., employed in statistical investigations.
State statistical standards shall be formulated by the National Bureau of Statistics or jointly by the National Bureau of Statistics and the department in charge of standardization under the State Council.
The relevant departments of the State Council may formulate supplementary departmental statistical standards, and shall submit such standards to the National Bureau of Statistics for examination and approval. No departmental statistical standards may conflict with State statistical standards.
Article 18 Statistics institutions of the people's governments at or above the county level may, in accordance with the needs of its statistical work, encourage entities or individuals under statistical investigation to submit statistical data via a computer network.
Article 19 Expenditures necessary for carrying out statistical work shall be included by the people's governments at or above the county level in financial budgets.
Expenditures necessary for carrying out major general surveys of national conditions and national strength shall be borne jointly by the State Council and the relevant local people's governments. Such expenditures shall be listed in the financial budget of the relevant year and allocated on schedule to ensure they are in place when needed.
Chapter III
Administration and Publication of Statistical Data
Article 20 Statistics institutions and relevant departments of the people's governments at or above the county level and the people's governments of townships and towns shall, in accordance with the relevant provisions of the State, establish a system for keeping and managing statistical data and a sound mechanism for sharing statistical information.
Article 21 State organs, enterprises, public institutions and other organizations under statistical investigation shall, in accordance with the relevant provisions of the State, set up statistical records and statistical ledgers, and establish and improve a management system for reviewing, signing, handing-over and archiving statistical data.
Persons responsible for reviewing or signing off statistical data shall be accountable for the authenticity, accuracy and completeness of the statistical data reviewed or signed by them.
Article 22 Relevant departments of the people's government at or above the county level shall provide, in a timely manner, the statistics institution of the people's government at the same level with administrative records necessary for carrying out the relevant statistical work and financial and fiscal materials and other materials necessary for carrying out national economic accounting, and shall, in accordance with the provisions of the statistical investigation system, submit to the statistics institution of the people's government in a timely manner the relevant materials obtained through the statistical investigation that it organizes and carries out.
The statistics institution of the people's government at or above the county level shall provide without delay the relevant departments of the people's government at the same level with relevant statistical data.
Article 23 The statistics institution of the people's government at or above the county level shall, in accordance with the relevant provisions of the State, regularly publish statistical data.
Statistical data published by the National Bureau of Statistics shall be the standard national statistical data.
Article 24 Any statistical data obtained by the relevant departments of the people's governments at or above the county level through statistical investigation shall be published by the said departments in accordance with the relevant provisions of the State.
Article 25 No entity or individual shall provide or disclose any materials obtained in a statistical investigation which can identify or infer the identity of a single target under statistical investigation to any third party or use such materials for purposes other than statistics.
Article 26 Any statistical data, except data which shall be kept confidential in accordance with the law, obtained by statistics institutions and relevant departments of the people's governments at or above the county level through statistical investigation shall be made public in a timely manner for public inquiry.
Chapter IV
Statistics Institutions and Statisticians
Article 27 The National Bureau of Statistics is established by the State Council, to organize, guide and coordinate the statistical work nationwide in accordance with the law.
A designated investigation institution established by the National Bureau of Statistics in accordance with the requirements of the work shall undertake statistical investigations and other tasks assigned to them by the National Bureau of Statistics.
Independent statistics institutions shall be established under local people's governments at or above the county level and statistical posts shall be set up in people's governments of townships and towns, which shall be staffed with full-time or part-time statisticians who shall be responsible for managing and conducting statistical work and carrying out statistical investigations in accordance with the law.
Article 28 The relevant departments of people's governments at or above the county level shall establish statistical institutions in accordance with the needs of statistical assignments or set up a statistical post in the relevant institution, and shall designate responsible persons to organize and administer the statistical work within their functions and carry out statistical investigations in accordance with the law. Such responsible persons shall be subject to the guidance of statistics institutions of the people's governments at the same level when carrying out statistical work.
Article 29 Statistical institutions and statisticians shall perform their duties in accordance with the law and faithfully collect and submit statistical data. They shall not forge or tamper with statistical data, or require, by any means, any entity or individual to provide false statistical data. They shall not conduct any other acts violating the provisions of this Law.
Statisticians shall adhere to the principle of seeking truth from facts, abide by professional ethics, and be accountable for the consistency of the statistical data collected, examined and input by them and data submitted by the entities or individuals under statistical investigation.
Article 30 Statisticians shall, in carrying out statistical investigations, have the right to ask relevant personnel about any issues concerning statistics, and require them to provide truthful and relevant information and materials, and to correct any false or inaccurate data.
Statisticians shall, in carrying out statistical investigations, present working certificates issued by the statistics institution or the relevant department of the people's government at or above the county level. If they fail to do so, any entity or individual shall have the right to refuse such investigation.
Article 31 The State adopts the system of qualification examinations, appraisals and employment for professional technical positions to improve the professional competency of statisticians and ensure a stable statistical team.
Statisticians shall possess professional knowledge and operational capacity corresponding to the statistical work in which they are engaged.
Statistics institutions and relevant departments of the people's governments at or above the county level shall strengthen the professional training and professional ethics education of statisticians.
Chapter V
Supervision and Examination
Article 32 All people's government at or above the county level and its supervisory organ shall supervise the implementation of this Law by the people’s government at the lower level and by the statistics institutions and relevant departments of the people's government at the same level.
Article 33 The National Bureau of Statistics shall organize and administer the supervision and inspection of statistical work nationwide, and investigate and punish any major illegal statistical acts.
Statistics institutions of local people's governments at or above the county level shall, in accordance with the law, investigate and punish any illegal statistical acts that occur within their own administrative areas. However, for any illegal statistical acts that occur during statistical investigations organized and carried out by investigation institutions dispatched by the National Bureau of Statistics, the investigation institutions that organized and carried out such statistical investigations shall be responsible for the investigation and punishment thereof.
Where laws and administrative regulations otherwise specify provisions for investigation into and punishment of illegal statistical acts by the relevant departments, such provisions shall prevail.
Article 34 The relevant departments of the people's governments at or above the county level shall take the initiative to assist the relevant statistics institutions of the people's governments at the same level in investigating and punishing any illegal statistical acts, and transfer relevant materials involving illegal statistical acts to the said statistics institutions in a timely manner.
Article 35 Statistics institutions of the people's governments at or above the county level shall, in the process of investigating illegal statistical acts or checking statistical data, have the right to take the following measures:
(1) Issue a statistical inspection inquiry notice to ask entities or individuals under investigation about relevant matters;
(2) Require entities or individuals under investigation to provide relevant original records and vouchers, statistical ledgers, statistical questionnaires, accounting materials and other relevant certifications and materials;
(3) Ask relevant personnel about matters relating to the investigation;
(4) Conduct examinations and checks by entering the business premises of entities or individuals under investigation and accessing information systems for statistical data processing;
(5) Upon approval of the leading person of the statistics institution, register and preserve the original records and vouchers, statistical ledgers, statistical questionnaires, accounting materials and other relevant certifications and materials related to the entity or individual under investigation; and
(6) Carry out recording, sound recording, videotaping, photographing, and reproduction of information and materials relating to the matters investigated.
When statistics institutions of the people's governments at or above the county level conduct supervision and inspection, such supervision and inspection shall be carried out by at least two persons, who shall present the permit for law enforcement; if relevant persons fail to present the said permit, the entity or individual concerned shall have the right to refuse such inspection.
Article 36 When statistics institutions of the people's governments at or above the county level perform their duties of supervision and inspection, the entities or individuals concerned shall faithfully report information and provide relevant certifications and materials, and shall not reject or hinder the inspection, or transfer, conceal, tamper with, destroy or discard original records and vouchers, statistical ledgers, statistical questionnaires, accounting materials or other relevant certifications and materials.
Chapter VI
Legal Liability
Article 37 If a leading person of any local people's government, governmental statistics institution, relevant department or entity commits any of the following acts, the appointment and removal authority or the supervisory organ shall impose a penalty in accordance with the law, and the statistics institution of the people's government at or above the county level shall circulate a notice of the matter:
(1) Modify statistical materials without authorization or fabricating false statistical data;
(2) Demand statistics institutions, statisticians, other institutions or persons to forge or tamper with statistical data;
(3) Retaliate against statisticians who perform their duties in accordance with the law, or refuse or oppose any illegal statistical act; or
(4) Neglect his/her supervisory duties regarding any material illegal statistical acts occurred in the locality, department or entity within his/her jurisdiction.
Article 38 If statistics institutions or relevant departments of the people's governments at or above the county level commit any of the following acts in organizing or implementing statistical investigation activities, the people's governments at the same level or the statistics institutions of the people's governments at the same or higher level shall order such statistics institutions or departments to make rectifications and circulate a notice of the matter; the appointment and removal authority or the supervisory organ shall, in accordance with the law, impose penalties on the person directly in charge and the other persons directly responsible:
(1) Organize or carry out a statistical investigation without approval;
(2) Change the contents of the statistical investigation system without approval;
(3) Forge or tamper with statistical data;
(4) Demand entities or individuals under statistical investigation, or other institutions or personnel to provide false statistical data; or
(5) Fail to submit relevant materials as required by the statistical investigation system.
Where statisticians commit any of the acts as specified in Subparagraphs (3) to (5) of the preceding paragraph, such statisticians shall be ordered to make rectification and shall be given penalties in accordance with the law.
Article 39 Where statistics institutions or relevant departments of the people's governments at or above the county level commit any of the following acts, the appointment and removal authority or the supervisory organ shall, in accordance with the law, impose penalties on the person directly in charge and the other persons directly responsible:
(1) Illegally publish statistical data;
(2) Disclose trade secrets or individual information of entities or individuals under investigation, or provide or disclose any materials, obtained in the investigation, which can identify or infer the identity of a single subject under statistical investigation; or
(3) Violate the relevant provisions of the State, resulting in damage to or loss of statistical materials.
Any statistician who commits any of the acts as specified in the preceding paragraph shall be imposed with a penalty in accordance with the law.
Article 40 Statistical institutions or statisticians that disclose State secrets shall be held legally responsible in accordance with the law.
Article 41 Where State organs, enterprises, public institutions or other organizations, which are the target of statistical investigation, commit any of the following acts, the statistics institutions of the people's governments at or above the county level shall order such target to make rectifications and issue a warning thereto, and may circulate a notice of the matter; if the person directly in charge and the other persons directly responsible are State functionaries, the appointment and removal authority or the supervisory organ shall impose penalties thereon in accordance with the law:
(1) Refuse to provide statistical data, or fail to provide statistical data on time after being urged to do so;
(2) Provide false or incomplete statistical data;
(3) Refuse to answer or make untruthful answers to the statistical inspection inquiry notice;
(4) Reject or hinder statistical investigation or inspection; or
(5) Transfer, conceal, tamper with, destroy or discard, or refuse to provide, original records and vouchers, statistical ledgers, statistical questionnaires or other relevant certifications or materials.
Any enterprise, public institution or other organization that commits any of the acts specified in the preceding paragraph may concurrently be fined not more than RMB 50,000 yuan; if circumstances are serious, it shall concurrently be fined not less than RMB 50,000 yuan but not more than RMB 200,000 yuan.
Where any sole proprietor business commits any of the acts as specified in the first paragraph of this Article, the statistics institution of the people's government at or above the county level shall order it to make rectifications and issue a warning thereto, and may concurrently impose a fine of not more than RMB 10,000 yuan.
Article 42 Where State organs, enterprises, public institutions or other organizations, which are the target of statistical investigation, postpone submission of the statistical data or fail to set up original records or statistical ledgers in accordance with the relevant provisions of the State, the statistics institutions of the people's governments at or above the county level shall order such target to make rectifications and issue a warning thereto.
Where an enterprise, public institution or other organization commits any of the acts as specified in the preceding paragraph, a fine of not more than RMB 10,000 yuan may be imposed concurrently.
Where a sole proprietor business is late in submitting statistical data, the statistics institution of the people's government at or above the county level shall order such sole proprietor business to make rectifications and issue a warning thereto, and may concurrently impose a fine of not more than RMB 1,000 yuan.
Article 43 In the process of investigating and punishing illegal statistical acts, if statistics institutions of the people's governments at or above the county level believe that the relevant State functionaries should be subject to disciplinary penalties in accordance with the law, the statistics institutions shall propose to impose such penalties on such personnel; the appointment and removal authority or the supervisory organ shall make a decision without delay in accordance with the law and inform the relevant statistical institutions of the people's government at or above the county level in writing of the result.
Article 44 Where any individual under statistical investigation rejects or hinders the statistical investigation during a major general survey of national conditions or national strength, or provides false or incomplete materials for the general survey, the statistics institution of the people's governments at or above the county level shall order such individual to make rectifications and educate the individual through criticism.
Article 45 Where any entity or individual obtains an honorary title, material benefits or job promotion through the use of false statistical data, which violates the provisions of this Law, the relevant authority shall, in accordance with the law, pursue legal liability of such entity or individual for fabricating false statistical materials or requiring others to fabricate false statistical materials; in addition, the entity making the relevant decision or its superior or the relevant supervisory organ shall deprive the entity or individual of the honorary title, confiscate material benefits or cancel the job promotion.
Article 46 Where the parties concerned are dissatisfied with an administrative penalty imposed by statistics institutions of the people's governments at or above the county level, the parties may file an application for administrative reconsideration or file an administrative action in accordance with the law. In the event of dissatisfaction with an administrative penalty imposed by the investigation institution dispatched by the National Bureau of Statistics to the province, autonomous region, or municipality directly under the Central Government, the parties concerned shall file an application for administrative reconsideration with the National Bureau of Statistics; in the event of dissatisfaction with an administrative penalty imposed by another investigation institution dispatched by the National Bureau of Statistics, the parties concerned shall file an application for administrative reconsideration with the investigation institution dispatched by the National Bureau of Statistics to the province, autonomous region, or municipality directly under the Central Government where the said other investigation institution is located.
Article 47 Where any act in violation of this Law constitutes a crime, criminal liability shall be pursued.
Chapter VII
Supplementary Provisions
Article 48 For the purposes of this Law, statistics institutions of the people's governments at or above the county level shall mean the National Bureau of Statistics and its dispatched investigation institutions and the statistics institutions of local people's governments at or above the county level.
Article 49 The measures for the administration of non-governmental statistical investigation activities shall be formulated by the State Council. If any organization or individual outside the territory of the People's Republic of China needs to carry out statistical investigation activities within the territory of the People's Republic of China, the organization or individual shall file an application for examination and approval in accordance with the provisions of the State Council.
Any person, who jeopardizes national security, harms public interests, or commits fraud by making use of statistical investigation shall be held legally responsible in accordance with the law.
Article 50 This Law shall go into effect as of January 1, 2010.