Order of the National Bureau of Statistics 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 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 Chapter I General Provisions Article 1 In order to scientifically and effectively organize the examination on the execution of statistics law, safeguard the 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 The statistical institutions of the people’s governments at the county level or above and the investigation teams at all levels as Article 3 Each relevant department of the people’s government at the county level or above shall, under the organization and guidance of the Article 4 The organs for the examination on the execution of statistics law at all levels shall establish an liability system for administrative Article 5 The guidelines that “the laws must be fully observed and strictly enforced, and law-breakers must be prosecuted” shall be implemented, Article 6 The organs for the examination on the execution of statistics law at all levels shall encourage the social supervision over the implementation 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 organ for the examination on the execution of statistics law at the provincial level or the districted city level shall mount The organ for the examination on the execution of statistics law at the county level may, pursuant to the demand of work, mount a All relevant departments of the people’s government at the county level or above may be equipped with inspectors pursuant to the demand 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 Article 10 The qualification training and examination of inspectors for the examination on the execution of statistics law shall be planned, Article 11 The organs for the examination on the execution of statistics law at all levels shall strengthen the professional moral education 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 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 (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 (4) Whether a statistical institution has been established, or the statistical personnel have been equipped with in accordance with the (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 (8) Whether the investigation is conducted strictly according to the approved statistical investigation scheme, and whether the content, (9) Whether the management and publication of statistical materials accord with the related provisions, and whether there are any acts (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, With respect to those entities that are found with suspicion of illegal statistics , a same organ for the examination on the execution Article 15 To conduct a examination on the execution of statistics law, the object under examination shall be noticed in advance, informing With respect to an examination implemented to a unit being suspected of any illegal statistics, the examination notice can be issued Article 16 When conducting any examination on the execution of statistics law ,an inspector shall, first produce his certificate of the examination The relevant unit or individual has the right to refuse the examination if he fails to produce a legitimate certificate of execution Certificates of the examination on the execution of statistics law shall be the valid certificates for the implementation of the examination 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 (3) entering into the operation sites and places for storing goods of those under statistical examination to conduct on-site examinations (4) upon approval of the principal of the organ for the examination on the execution of statistics law ,registering and keeping original (5) inquiring statisticians, principals and relevant persons of the matters concerned with the examination on the execution of statistics (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 Article 19 Those under examination and the persons involved thereof shall not refuse to provide the relevant information, shall not provide Article 20 An inspector shall timely submit an examination report to the organ for the examination on the execution of statistics law, and advance The organ for the examination on the execution of statistics law shall handle acts of illegal statistics as found respectively in (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 (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 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 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 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 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 Article 24 In the investigation and handling of cases concerning illegal statistics,, the facts shall be clarified, evidences be conclusive, Article 25 The general procedures for investigation and handling of cases concerned with illegal statistics shall be: the case filing, investigation, Any cases concerned with illegal statistics that are found and clearly investigated during the course of the examination on the execution 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 Article 27 The following acts of illegal statistics shall be investigated and handled by the organs for the examination on the execution of (1) The leader of a region, department or unit alters any of the statistical materials on his own fabricates any false data or forces (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 (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 (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 (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 (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 The National Bureau of Statistics of China shall govern those illegal statistics cases that have significant effects within the whole Article 29 A survey shall be timely organized for those cases that have been determined to be filed for investigation and handling. There shall Those investigators shall collect evidences lawfully, objectively and comprehensively, and shall not make subjective judgments, listen Article 30 The investigators shall report the investigation conditions and handling opinions to the leader for examination and approval after Article 31 Upon the termination of the trial of a case concerned with illegal statistics, the case shall be respectively handled in light of (1) The case shall be revoked at once if there are insufficient evidences to prove the violation of statistics laws, regulations or rules, (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 (3) The case shall be transferred to the judicial organ to run criminal liabilities according to laws if the violation of the Statistics Article 32 Before an organ for the examination on the execution of statistics law makes a statistical administrative penalty decision, it shall 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 If any party involved requires a hearing for any cases of illegal statistics as investigated by the statistical organ of the people’s Article 34 The handling of cases of illegal statistics which have been put on the case files for investigation and handling shall be finished 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 (1) The persons who shall be responsible for illegal statistics involve leaders or cadres of the Party or the government above the section-chief (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 (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 (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 cases as mentioned in Items (1), (3) and (4) of the preceding Paragraph shall, within 30 days after the said cases are settled, Article 37 Regular statistical system for investigating and handling the cases concerned with illegal statistics shall be established by The An organ of the examination on the execution of statistics law shall periodically report the information on the examination on the 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 (1) when subject to an examination on the execution of statistics law , refusing to provide any information, providing false information, (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 Article 39 The examination on the execution of statistics law organ shall circulate a notice of criticism, and can request the administrative (1) Refusing to accept any examination on the execution of statistics law or failing to organize a examination on the execution of statistics (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 (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, 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 |
National Bureau of Statistics of China
2006-07-17