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State Administration of Taxation
Notice of the State Administration of Taxation on the Effectiveness of the Agreement between the Government of the People’s Republic
of China and the Government of the Republic of Trinidad and Tobago on the Avoidance of Double Taxation
Guo Shui Han [2003] No. 1103
The bureaus of state taxes and those of local taxes of all provinces, autonomous regions, municipalities directly under the Central
Government and cities specifically designated in the state plan, and Yangzhou Taxation Institute:
The Agreement on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income between the
Government of the People’s Republic of China and the Government of the Republic of Trinidad and Tobago was concluded in the Port
of Spain on September 18, 2003. The Agreement shall be effective after both contracting states have completed their respective legal
procedures. The text of the Agreement is hereby printed and distributed to you, please make good preparations prior to the implementation
of the Agreement.
Annex: Agreement on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Between
the Government of the People’s Republic of China
State Administration of Taxation
September 28, 2004 Annex:Agreement on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Between the Government
of the People’s Republic of China and the Government of the Republic of Trinidad and Tobago
In order to encourage international trade and investments, the Government of the People’s Republic of China and the Government of
the Republic of Trinidad and Tobago, desiring to conclude an agreement on the avoidance of double taxation and the prevention of
fiscal evasion with respect to taxes on income, have agreed to the following:
Article 1
Persons Covered
This Agreement shall apply to the persons who are residents of one or both of the contracting states.
Article 2
Taxes Covered
1.
The current tax categories to which this Agreement shall apply are:
(a)
in the case of Trinidad and Tobago:
(1)the income tax;
(2)the corporate tax;
(3)the petroleum profit tax;
(4)the additional petroleum tax; and
(5)the unemployment tax.
(hereinafter referred to as “Trinidad and Tobago taxes”)
(b)
in the case of China:
(1)the individual income tax; and
(2)the foreign-funded enterprises and foreign enterprise income tax.
(hereinafter referred to as “Chinese taxes”)
2.
This Agreement shall also apply to the identical or substantially similar taxes that are levied after the date of signature of this
Agreement as an addition or replacement to the current tax categories. The competent authorities of both contracting states shall
notify each other of any substantial changes made in their respective taxation laws within a reasonable time limit after such changes
are made.
Article 3
General Definitions
1.
For the purpose of present Agreement, unless the context otherwise requires:
(a)
the term “Trinidad and Tobago” refers to the islands of Trinidad and Tobago, consisting of all the islands of the Republic of Trinidad
and Tobago, the inland water, territorial sea, the airspace above, the continental shelf and the exclusive economic zone beyond its
territorial sea within which the Republic of Trinidad and Tobago exercises its sovereign rights or jurisdiction in accordance with
the international law and its domestic legislation;
(b)
the term “China” means the People’s Republic of China. When used in a geographical sense, means all the territory of the People’s
Republic of China, in which the Chinese laws relating to taxation apply, including its territorial sea, and any area beyond its territorial
sea, within which the People’s Republic of China has sovereign rights of exploration for and exploitation of resources of the sea-bed
and its sub-soil and superjacent water resources in accordance with the international law;
(c)
the terms “a contracting state” and “the other contracting state” refers to Trinidad and Tobago or China, as the context requires;
(d)
the term “tax” refers to “Trinidad and Tobago taxes” or “Chinese taxes” as the context requires;
(e)
the term “person” refers to an individual, a company or any other body;
(f)
the term “company” refers to any legal person entity or any entity which is treated as a legal person entity for taxation purposes;
(g)
the terms “enterprise of a contracting state” and “enterprise of the other contracting state” refer to, respectively, an enterprise
operated by a resident of a contracting state and an enterprise operated by a resident of the other contracting state;
(h)
the term “international traffic” refers to any transport by a ship or aircraft operated by an enterprise of a contracting state, excluding
that by ship or aircraft which is operated solely between places in the other contracting state;
(i)
the term “competent authority” refers
(1)in the case of Trinidad and Tobago, to the minister of responsible for the public finance or his authorized representatives; while
(2)in the case of China, to the State Administration of Taxation or its authorized representatives.
(j)
the term “national” refers to:
(1)any individual possessing the nationality of a contracting state;
(2)any legal person, partnership or association deriving its status as such from the laws of a contracting state;
2.
As regards the application of the agreement by a contracting state, any term not defined herein shall, unless the context otherwise
requires, have the meaning in which it has under the law of that contracting state concerning the taxes to which the agreement applies.
Article 4
Residents
1.
For the purposes of this Agreement, the term “resident of a contracting state” means any person who, under the law of that state,
is obligatory to pay tax therein by reason of his domicile, residence, place of management, place of head office or any other criterion
of a similar nature. But the term doesn’t include the persons who are obligatory to pay tax only because of the income sourced from
this state, or the property located in this state.
2.
Where by reason of the provisions of Paragraph 1 an individual is a resident of both contracting states, then his status shall be
determined as follows:
(a)
he shall be deemed as a resident of the contracting state in which he has a permanent domicile available to him; if he has a permanent
domicile available to him in each of the contracting states, he shall be deemed as a resident of the contracting state with which
his personal and economic relations are closer (center of vital interests);
(b)
if the state in which his center of vital interests lies cannot be determined, or if he has not a permanent home available to him
in either contracting state, he shall be deemed as a resident of the state in which he has a habitual abode;
(c)
if he has a habitual abode in each of the contracting states or in neither of them, he shall be deemed as a resident of the contracting
state of which he is a national;
(d)
if he is a national of both or neither of the contracting states, the competent authorities of the contracting states shall settle
the issue by mutual agreement.
3.
Where, by reason of the provisions of Paragraph 1 of the present Article, a person other than an individual is a resident of both
contracting states, it shall be deemed to be a resident of the state in which the place of effective management of its business is
located. However, where such a person has the place of effective management of its business in one of the contracting state and the
place of head office of its business in the other contracting state, then the competent authorities of the contracting state shall
determine by mutual agreement the state of which the company shall be deemed to be a resident for the purpose of this Agreement.
Article 5
Permanent Establishment
1.
For the purposes of this Agreement, the term “permanent establishment” refers to a fixed place of business through which the business
of an enterprise is wholly or partly carried on.
2.
The term “permanent establishment”, in particular, includes:
(a)
a place of management;
(b)
a branch organization;
(c)
a representative office;
(d)
a factory;
(e)
a workshop, and
(f)
a mine, an petroleum or gas well, a quarry or any other place of extraction of natural resources.
3.
The term “permanent establishment”, likewise, encompasses:
(a)
a building site, a construction, assembly or installation project, or the supervisory activities in connection therewith, but only
where such site, project or activities continue for a period of not less than 6 months;
(b)
the provision of services, including consultancy services, by an enterprise of a contracting state through employees or other engaged
personnel for the aforementioned purpose, provided that the period for such activities is continually or aggregately more than 6
months within any 12-month period.
(c)
an installation, drilling rig or ship used for the exploration of natural resources, but only if so used continuously for a period
of more than 3 months.
4.
Notwithstanding the aforesaid provisions of this article, the term “permanent establishment” shall not include:
(a)
the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
(b)
the inventory of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
(c)
the inventory of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
(d)
the fixed business place established solely for the purpose of purchasing goods or merchandise or of collecting information for the
enterprise; and
(e)
the fixed business place established solely for the purpose of carrying out, for the enterprise, any other activity of a preparatory
or auxiliary nature;
(f)
the fixed business place established solely for the purpose of combining the activities listed in Items (a)through (e)of the present
Paragraph if such combination can attribute all the activities of the fixed business place with a preparatory or auxiliary nature.
5.
Notwithstanding the provisions of Paragraphs 1 and 2, where a person (other than an agent of one with independent status to whom the
provisions of Paragraph 6 apply)is acting in a contracting state on behalf of an enterprise of the other contracting state, has and
habitually exercises an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a
permanent establishment in the first-mentioned contracting state in respect of any activities which that person undertakes for the
enterprise, unless the activities of such person are limited to those mentioned in Paragraph 4 which, if exercised through a fixed
place of business, would not make this fixed place of business a permanent establishment.
6.
An enterprise of a contracting state shall not be deemed to have a permanent establishment in the other contracting state merely because
it operates its business in that other state through a broker, general commission agent or any other agent with independent status
in the ordinary course of their business. However, if such agent acts wholly or nearly wholly on behalf of that enterprise, he shall
not be deemed as an agent with independent status as referred to in this Paragraph.
7.
The fact that a company which is a resident of a contracting state controls or is controlled by a company which is a resident of the
other contracting state, or which operates business in that other contracting state (whether through a permanent establishment or
not), shall not itself constitute either company a permanent establishment of the other.
Article 6
Income from Immovable Property
1.
Income derived by a resident of a contracting state from immovable property (including income from agriculture or forestry)situated
in the other contracting state may be taxed in that other contracting state.
2.
The term “immovable property” shall have the meaning it has under the law of the contracting state in which the property in question
is situated. The term shall, in any case, include the property accessory to the immovable property, livestock and equipment used
in agriculture and forestry. The rights to which the provisions of general law respecting landed property apply, the usufruct of
immovable property and the rights to variable or fixed payments as consideration for the working of, or the right to work, the mineral
deposits, sources and other natural resources, the ships and aircrafts shall not be regarded as immovable property.
3.
The provisions of Paragraph 1 shall apply to the income derived from the direct use, lease, or use in any other form of immovable
property.
4.
The provisions of Paragraphs 1 and 3 shall apply to the income from immovable property of an enterprise and to the income from immovable
property used for the performance of independent personal services.
Article 7
Business Profits
1.
The profits of an enterprise of a contracting state shall be taxable only in that state unless the enterprise carries on business
in the other contracting state through a permanent establishment situated therein. If the enterprise carries on business in the other
contracting state through a permanent establishment situated therein, the profits of the enterprise may be taxed in the other state,
but only those attributable to that permanent establishment.
2.
In addition to applying the provisions of Paragraph 3, where an enterprise of a contracting state carries on business in the other
contracting state through a permanent establishment situated therein, the permanent establishment shall be regarded as the independent
affiliated enterprise engaging in the same or similar activities under the same or similar conditions. It shall be treated differently
and separately as an independent establishment from the enterprise. The profits of this permanent establishment that may be obtained
shall belong to the permanent establishment itself in each contracting state.
3.
When determining the profits of a permanent establishment, deductions of expenses occurred in the business of the permanent establishment
may be allowed. The expenses include the executive and general administrative expenses, no matter whether they incurred in the state
in which the permanent establishment is situated or elsewhere.
4.
Insofar as it has been customary in a contracting state to determine the profits to be attributed to a permanent establishment on
the basis of a distribution of the total profits of the enterprise to its various parts, the provisions in Paragraph 2 shall not
preclude that contracting state from determining the profits to be taxed by this method of profit distribution. However, the result
of adopting the method of profit distribution shall be in line with the principles provided in the present Article.
5.
No profits may be attributed to a permanent establishment by reason of mere purchase by that permanent establishment of goods or merchandise
for the enterprise.
6.
For the purposes of the aforesaid Paragraphs, the profits belonging to the permanent establishment shall be determined by the same
method year by year unless there is good and sufficient reason to change.
7.
If the profits include the income items that are dealt with separately in other Articles of this Agreement, the provisions of those
Articles shall not be affected by the provisions of the present Article.
Article 8
Shipping and Air Transport
1.
The profits from the operations of ships or aircrafts in international transport by an enterprise of a contracting state shall be
taxable only in that contracting state.
2.
The provisions of Paragraph 1 shall also apply to the profits from operations under partnership, joint operations or participation
in an international operating agency.
Article 9
Associated Enterprises
1.
Where
(a)
an enterprise of a contracting state participates directly or indirectly participates in the management, control or capital of an
enterprise of the other contracting state, or
(b)
a same person participates directly or indirectly in the management, control or capital of an enterprise of a contracting state and
an enterprise of the other contracting state,
and in either of the above cases, the commercial and financial relations between the two enterprises are different from those between
two independent enterprises, so the profits which would, but for those conditions, have obtained by one of the enterprises, may be
included in the profits of that enterprise and taxed accordingly.
2.
Where a contracting state includes in the profits of an enterprise of that contracting state (and taxes accordingly)the profits on
which an enterprise of the other contracting state has paid taxes in that other contracting state and the profits so included are
profits which should have been obtained by an enterprise within the contracting state, then that other contracting state shall make
appropriate adjustment to the amount of the tax charged therein on those profits, where that other contracting state considers such
adjustment justifiable. In determining such adjustment, the other provisions of this Agreement shall be taken into consideration,
and the competent authorities of the contracting states shall consult each other, if necessary.
Article 10
Dividends
1.
Dividends paid by a company that is a resident of a contracting state to a resident of the other contracting state may be taxed in
that other state.
2.
However, such dividends may also be taxed in the contracting state of which the company paying the dividends is a resident and according
to the laws of that state, but if the recipient is the beneficial owner of the dividends, the tax so levied
(a)
shall not exceed 5 percent of the total amount of the dividends if the beneficial owner is a company that holds at least 25 percent
of the capital of the company paying the dividends; or
(b)
shall not exceed 10 percent of the total amount of the dividends in other circumstances.
The present Paragraph shall not affect the profit tax imposed on the company’s profits before paying the dividends.
3.
The term “dividends” as used in the present Article refers to the income from the shares or other rights of participating in the profits
not of credit relationship, as well as the income from other corporate rights that are subject to the same taxation treatment as
the income from the shares by the laws of the state of which the company making the distribution is a resident.
4.
The provisions of Paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a contracting state,
carries on business in the other contracting state of which the company paying the dividends is a resident, through a permanent establishment
situated therein, or provides in that other state the independent personal services from a fixed base situated therein, and the shares
for which the dividends are paid are effectively connected with such permanent establishment or fixed base. In such cases, the application
of the provisions of Article 7 or Article 14 shall depend on the concrete circumstances.
5.
Where a company that is a resident of a contracting state derives profits or income from the other contracting state, that other contracting
state may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that
other contracting state or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent
establishment or a fixed base situated in that other contracting state, nor subject the company’s undistributed profits to a tax
on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits
or income arising in such other state.
6.
Notwithstanding the other provisions of this Agreement, where an enterprise that is a resident of a contracting state has a permanent
establishment in the other contracting state and derives profits or income from this permanent establishment, the part of profits
or income repatriated or deemed as repatriated to the enterprise that is resident of the first-mentioned contracting state shall
be taxed according to the laws of the other contracting state, but the tax rate shall not exceed 5%.
Article 11
Interest
1.
The interest arising in a contracting state and paid to a resident of the other contracting state may be taxed in that other contracting
state.
2.
However, such interest may also be taxed in the contracting state in which it arises according to the laws of that contracting state,
but if the recipient is the beneficial owner of the interest, the tax so collected shall not exceed 10 percent of the total amount
of the interest.
3.
Notwithstanding the provisions of Paragraph 2 of the present Article, the interest arising in a contracting state and derived by the
government of the other contracting state shall be exempted from taxation in the first-mentioned contracting state. The term “government”,
(a)
in the case of the Republic of Trinidad and Tobago, means
(1)the Central Bank of the Trinidad and Tobago;
(2)the Agricultural Development Bank;
(3)Export Insurance Company;
(4)the State Housing Authority;
(5)the State Insurance Regulatory Commission;
(6)the Housing Mortgage Bank;
(7)the Deposit Insurance Company;
(8)the Small Enterprise Development Company;
(9)the Development Financing Co. Ltd.;
(10)the Trinidad and Tobago Mortgage Financing Company; or
(11)any other similar institutions wholly owned by the government of Trinidad and Tobago upon the mutual agreement between the competent
authorities of the contracting states at any time.
(b)
while in the case of China, means the government of China, which shall include:
(1)the People’s Bank of China;
(2)the State Development Bank;
(3)the Import & Export Bank of China;
(4)the Agricultural Development Bank of China; or
(5)any other similar institution wholly owned by the government of China upon the mutual agreement between the competent authorities
of the contracting states at any time.
4.
The term “interest” as used in the present Article refers to the income from various creditor’s rights, whether or not secured by
mortgage and whether or not carrying a right to participate in the debtor’s profits, and in particular, the income from public debts
and the income from bonds or debentures, including the premiums and prizes attached to such securities, bonds or debentures. The
penalty charges for late payment shall not be regarded as interest provided in the present Article.
5.
The provisions of Paragraphs 1, 2 and 3 shall not apply, if the beneficial owner of the interest, being a resident of a contracting
state, carries on business in the other contracting state in which the interest arises through a permanent establishment situated
therein, or provides in that other contracting state independent personal services from a fixed base situated therein, and the creditor’s
right in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such
cases, the provisions of Article 7 or Article 14 shall apply in accordance with the circumstances.
6.
The interest shall be deemed to arise in a contracting state when the payer is the government, a local authority or a resident of
that contracting state. Where, however, the person paying the interest, whether he is a resident of a contracting state or not, has
in a contracting state a permanent establishment or a fixed base, and the debts on which the interest is paid are connected with
the permanent establishment or a fixed base, and such interest is borne by such permanent establishment or fixed base, then such
interest shall be deemed to arise in the state in which the permanent establishment or fixed base is situated.
7.
Where, due to any special relationship between the payer and the beneficial owner or between both of them and some other persons,
the amount of the interest, regarding the credit for which it is paid, exceeds the amount which have been agreed upon by the payer
and the beneficial owner in the absence of such relationship, the provisions of this article shall apply only to the last-mentioned
amount. In such case, the excess part of the payments shall remain taxable according to the laws of each contracting state, but the
other provisions of this Agreement shall be taken into consideration.
Article 12
Royalties
1.
Royalties arising in a contracting state and paid to a resident of the other contracting state may be taxed in that other contracting
state.
2.
However, such royalties may also be taxed in the contracting state in which they arise according to the laws of that state, but if
the recipient is the beneficial owner of the royalties, the tax so collected shall not exceed 10 percent of the total amount of the
royalties.
3.
The term “royalties” as used in the present Article refers to the payments of any kind received as a consideration for the use of,
or the right to use, any copyright of literary, artistic or scientific work including cinematographic films, or films or tapes for
radio or television broadcasting, any patent, trademark, design or model, plan, secret formula or process, or for the use of, or
the right to use, any industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific
experience.
4.
The provisions of Paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a contracting state,
carries on business in the other contracting state in which the royalties arise through a permanent establishment situated therein,
or provides in that other state independent personal services from a fixed base situated therein, and the right or property in respect
of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such cases, the provisions
of Article 7 or Article 14 shall, as the case may be, apply.
5.
The royalties shall be deemed to arise in a contracting state when the payer is the government, a local authority or a resident of
that contracting state. Where, however, the person paying the royalties, whether he is a resident of a contracting state or not,
has in a contracting state a permanent establishment or a fixed base in connection with the liability to pay the royalties, and such
royalties are borne by the permanent establishment or fixed base, then such royalties shall be deemed to arise in the contracting
state in which the permanent establishment or fixed base is situated.
6.
Where, due to any special relationship between the payer and the beneficial owner or between both of them and some other person, the
amount of the royalties, regarding the use, right or information for which they are paid, exceeds the amount which would have been
agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this article shall apply
only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the law of each
contracting state, but the other provisions of this Agreement shall be taken into consideration.
Article 13
Property Gains
1.
Gains derived by a resident of a contracting state from the alienation of immovable property referred to in Article 6 and situated
in the other contracting state may be taxed in that other contracting state.
2.
Gains from the alienation of movable property forming the part of the business property of a permanent establishment which an enterprise
of a contracting state has in the other contracting state or of movable property pertaining to a fixed base available to a resident
of a contracting state in the other contracting state for the purpose of providing independent personal services, including the gains
from the alienation of such a permanent establishment (alone or with the whole enterprise)or of such fixed base, may be taxed in
that other state.
3.
Gains of an enterprise of a contracting state from the alienation of ships or aircraft operated in international transport or movable
property pertaining to the operation of such ships or aircrafts shall be taxable only in that contracting state.
4.
Gains from the alienation of any property other than those as mentioned in Paragraphs 1 through 3 shall be taxable only in the contracting
state of which the alienator is a resident.
Article 14
Independent Personal Services
1.
Income derived by a resident of a contracting state in respect of professional services or other activities of an independent nature
shall be taxable only in that state except that, under any of the following circumstances, such income may also be taxed in the other
contracting state:
(a)
if he has a fixed base regularly available to him in the other contracting state for the purpose of performing his activities, and
under this circumstance, only the income attributable to that fixed base may be taxed in that other state;
(b)
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Decree of the Chairman of the China Insurance Regulatory Commission
No.11
The Interim Provisions on Administering Insurance Statistics have been deliberated and adopted at the executive meeting of the chairpersons
of the China Insurance Regulatory Commission on September 27, 2004. They are hereby promulgated, and shall go into effect as of November
1, 2004.
Chairman Wu Dingfu
September 29, 2004
Interim Provisions on Administering Insurance Statistics
Chapter I General Provisions
Article 1
In order to strengthen administration on insurance statistics and make sure the authenticity, completeness, accuracy and timeliness
of insurance statistical information, these Provisions are constituted under the Statistics Law of the People’s Republic of China,
the Insurance Law of the People’s Republic of China, the Detailed Rules for the Implementation of the Statistics Law of the People’s
Republic of China and other related laws, administrative regulations.
Article 2
The term “insurance statistics” mentioned in these Provisions means the activities as follows:
1.
The China Insurance Regulatory Commission (hereinafter referred to as the CIRC) and its dispatched institutions shall investigate,
collect, sort-out, analyze the materials reflecting the business conditions of insurance organizations, provide statistical information
and statistics consulting opinions, and supervise and administer insurance statistics; and
2.
The insurance organizations shall investigate, collect, sort-out, and analyze the materials reflecting the business conditions of
their own organizations, provide statistical information and statistics consulting opinions, and administer insurance statistical
work of their own organizations.
Article 3
The term “statistical information” mentioned in these Provisions means the related reports, statements, documents and materials reflecting
the business conditions of an insurance organization, reported to the CIRC and its dispatched institutions by the insurance organization
under law, consisting of statistical data reflecting the finance and business status, analysis related to business conditions, and
other statistical materials as prescribed by the CIRC.
Article 4
The basic task of the CIRC and its dispatched institutions in statistical work shall be: to gather, audit, collect, analyze and publicize
statistical information of insurance organizations, to carry out prediction on statistics, and provide reference and basis for the
decision-making on carrying out insurance supervision and enhancing the healthy development of the insurance industry.
The basic tasks of an insurance organization in statistical work shall be: to complete various insurance statistical work, carry out
statistical analysis and prediction, and report related insurance statistical information in a truthful, complete, accurate and timely
way.
Article 5
The insurance statistical work shall comply with the principle of objectiveness, science, unification and timeliness.
Article 6
The administrative structure under unified leadership with each level assuming taking charge of its own work shall be carried out
for insurance statistical work.
The CIRC shall take charge of supervising and managing the national insurance statistical work, managing the statistical information
of national insurance industry; upon the authorization of the CIRC, the dispatched institutions of the CIRC shall take charge of
supervising and administering the related insurance statistical work within their own jurisdictions, and administer the statistical
information of the insurance industry within their jurisdictions.
The insurance statistical work of its own organization shall be taken charge of by an insurance organization.
Article 7
All statistics organizations or statisticians shall have the duty to keep confidential on the state secrets it/he knows of in the
insurance statistical work and the business secrets of the objects of statistics investigation.
Article 8
The “insurance organizations” as mentioned in these Provisions means the commercial insurance companies and their branches set up
upon the approval of the CIRC and its dispatched institutions and registered under law.
Chapter II Statistics Organizations and Statisticians
Article 9
The CIRC shall carry out the functions of statistical work as follows:
1.
To draft out insurance statistics bylaws and statistical standards, to set up and perfect insurance statistics index system; and
2.
To take charge of the design, development, maintenance, management and upgrading of the statistical information system of the CIRC.
Article 10
The CIRC and its dispatched institutions shall carry out the functions of statistical work as follows:
1.
To organize, coordinate and administer the statistical work of insurance organizations, and to constitute and carry out plans for
statistical work of insurance organizations;
2.
To gather, audit, collect and analyze insurance statistical information, compile statistics analysis report, and publicize the related
insurance statistical information;
3.
To administer insurance statistical information, set up and maintain statistical information database of insurance industry;
4.
To organize and carry out statistical survey and statistical supervision over and inspection on insurance industry; and
5.
To organize vocational training on insurance statisticians.
Article 11
An insurance organization shall set up or designate a functional department to take charge of statistical work, set up a statistics
post, and equip with related statisticians.
Article 12
An insurance organization shall carry out the functions of statistical work as follows under law:
1.
To manage the insurance statistical work of its own organization;
2.
To constitute the insurance statistics bylaws of its own organization;
3.
To gather, collect, compile, and administer the insurance statistical information of its own organization, and report statistical
information under law to the CIRC and its dispatched institutions as well as other related organizations;
4.
To complete the statistical survey tasks deployed by the CIRC and its dispatched institutions, and carry out statistical surveys,
analyses as well as predictions inside the insurance organization;
5.
To enforce construction on statistical information automatic system, and to set up and perfect statistical information management
system;
6.
To organize the implementation of statistics laws and regulations and statistics quality inspection; and
7.
To organize vocational training on insurance statisticians.
Article 13
The staffing of statisticians shall meet the requirements as follows:
1.
The statisticians shall stick to the principle of seeking truth from facts, scrupulously comply with professional ethics, and be qualified
with the professional knowledge needed to complete statistical work;
2.
The quantity of the statisticians shall be proper for the statistical work; and
3.
The statisticians shall be relatively stable.
Chapter III Collection and Report of Statistical information
Article 14
The insurance statistical information may take the form of questionnaire and may be gathered and reported through network system,
fax, and other ways.
Article 15
The insurance statistics year shall be the year of the Gregorian calendar, that is, starting from zero’s clock of January 1 of each
year till the 24 o’clock of December 31 of the current year.
Article 16
The frequency for an insurance organization to report statistical information to the CIRC and its dispatched institutions shall be:
monthly special report, monthly report, quarterly report, semi-annual report, annual report and irregular report.
The frequency for reporting the insurance statistical information may be changed by the CIRC according to the need of supervision.
Article 17
The time for reporting insurance statistical information shall be: a monthly special report shall be made within the first two workdays
of the next month; a monthly report shall be made within the first 10 days of the next month; a quarterly report, semi-annual report
or annual report shall be made within the first 12 days of the next quarter, the second half of the year and the next year. An irregular
report shall be handed in under the provisions of the CIRC.
The time for reporting the aforesaid monthly report, quarterly report, semi-annual report and annual report may be postponed for 3
days if the report date meets May 1st, October 1st, or the holidays in Spring Festival.
The time for reporting the statistical information may be changed by the CIRC according to the need of supervision.
Chapter IV Statistical Survey and Statistical Analysis
Article 18
The CIRC and its dispatched institutions may make statistical surveys on any insurance organization according to needs. The main
contents of a statistical survey shall consist of the business operation status of an insurance organization, financial status and
the staffing of personnel of an organization.
Article 19
Insurance market and the conditions for macro-economic development shall be periodically analyzed and researched, and such conditions
as its influence on the development of insurance industry shall be investigated and researched by the CIRC and its dispatched institutions.
The insurance business conditions of its own organization shall be analyzed by an insurance organization periodically.
Chapter V Publicity of Statistical information
Article 20
Statistical information on insurance industry nationwide shall be periodically publicized by the CIRC through the website of the
CIRC.
Statistical information on insurance industry within their own jurisdictions shall be publicized periodically by the dispatched institutions
of the CIRC under the related provisions of the CIRC.
Article 21
The statistical information on insurance industry publicized by the dispatched institutions of the CIRC shall exclude the contents
as follows:
1.
Insurance statistical information not publicized outside their own jurisdictions; or
2.
The conclusion concerning the comparison with and analysis on the preceding insurance statistical information.
Article 22
The related statistical information shall be publicized by an insurance organization under law.
The statistical information publicized by any insurance organization shall not be harmful to the lawful rights and interests of any
other entity or individual.
Article 23
The insurance statistical information on state secrets shall not be opened by any entity or individual without permission or approval.
The publicity and management of insurance statistical information involving state secrets shall be carried out under the related laws,
administrative regulations and other provisions on keeping secrets.
Chapter VI Statistical Supervision and Management
Article 24
The statistical information shall be reported by an insurance organization in a truthful, complete and accurate way under the provisions
of the CIRC and its dispatched institutions.
Article 25
No insurance organization may delay, omit, hide, falsify, refuse to report, forge or juggle any statistical information, and the
statistical information reported shall not be misleading.
Article 26
An insurance organization shall take measures to make sure the consistency of statistical information.
Article 27
The CIRC and its dispatched institutions shall make inquiry to any data if discovering any question when auditing statistical information.
Article 28
If there is any mistake in the statistical information reported by any insurance organization, the CIRC or its dispatched institutions
shall have the right to order the insurance organization to make correction on it and make written statements.
Article 29
No person in charge of any insurance organization may revise violating regulations any statistical information provided by any statistics
organization or statistician under the related provisions, or order by force or incite any statistics organization or statistician
to juggle or compile false statistical information; if he discovers any mistake in the computation of any statistical information
or sources of data, he shall point it out, and the statistics organization shall verify and make correction on it under the related
provisions.
Article 30
A person in charge of the organization shall be designated respectively by the organization with legal person status of any insurance
organization and its branches as the person in charge for insurance statistics.
An internal functional department shall be designated respectively by the organization with legal person status of any insurance organization
and its branches as the statistics contact department, whose major person-in-charge shall be the contact person for insurance statistics.
The specific scope of the branches in the preceding two paragraphs shall be prescribed by the dispatched institutions of the CIRC
according to the reality of their own jurisdictions.
Article 31
An insurance organization shall give a report to the CIRC or its dispatched institutions within 10 workdays after designating or
altering the person in charge for insurance statistics and contact person for insurance statistics.
Article 32
The legal representative or the main person in charge of the branches shall audit and confirm the statistical information submitted
by an insurance organization.
Article 33
The CIRC and its dispatched institutions shall set up system of circulating a notice of report on submission of insurance statistical
information to make examination on the conditions concerning the time for the late report of statistical information or revision
of the statistical information reported by any insurance organization and the quality of statistical information data, and publicize
the examination result periodically.
Article 34
The CIRC and its dispatched institutions shall taking charge of making statistical supervision and inspection on insurance organizations.
The contents of statistical supervision and inspection shall mainly consist of the implementation of the statistical system of insurance
organizations, setup of statistics posts, staffing of statisticians and the quality of statistical information, etc.
Insurance organizations shall accept the statistical supervision and inspection carried out by the CIRC and its dispatched institutions.
Article 35
An insurance organization shall examine and summarize the statistical work of its own organization periodically and make correction
in time if discovered any problem.
Chapter VII Rewards and Penalties
Article 36
The CIRC shall make appraisal through comparison on the insurance statistical work of its own department, and give commendation,
record a merit, record a great merit, promotion, upgrade, or grant a honorable post_title respectively to any insurance statistician or
collective that has any of the performances as follows, and may give certain award:
1.
Having made outstanding contributions to the reform and perfection of insurance statistical system, statistical methods and other
aspects;
2.
Having made prominent achievements in completing insurance statistics survey tasks and making sure the accuracy and timeliness of
statistical materials;
3.
Having made certain innovation and obtained important achievements in making insurance statistical analysis, prediction and supervision;
4.
Having obtained obvious effects in applying and popularizing modern information technology to make insurance statistics;
5.
Having made important contributions to improving insurance statistics education and statistical vocational training, making scientific
research of statistics, and improving scientific level of statistics, etc;
6.
Having made outstanding performance in being true to the fact, dealing with affairs under law, and struggling against the violations
of the statistics laws and regulations and statistical systems; or
7.
Having merit in disclosing or reporting insurance statistics illegal acts.
The aforesaid provisions shall be referred to for the appraisal by analogy by any insurance organization on insurance statistical
work of its own organization.
Article 37
The CIRC or its dispatched institutions may have a supervision talk with any insurance organization violating these Provisions and
having any of the acts as prescribed in Article 38 or 39.
Article 38
If violating these Provisions and having any of the acts as follows, any insurance organization shall be given warnings and ordered
to make correction; if it does not make correction exceeding the time limit, it shall be fined more than RMB 10,000 Yuan and less
than RMB 100,000 Yuan:
1.
To fail to report the related statistical information in accordance with the prescribed time;
2.
With major omissions on the statistical information; or
3.
With misrepresentations on the statistical information.
Article 39
If violating these Provisions and having any of the acts as follows, any insurance organization shall be given warnings, ordered
to make correction, and fined more than RMB 10,000 Yuan and less than RMB 50,000 Yuan; if the situations are serious, it shall be
restricted the business scope and be ordered to stop accepting new business or revoked license for operating insurance business:
1.
To provide false statistical information; or
2.
To refuse or obstruct the inspection and supervision implemented under law.
Article 40
If any of the statisticians of the CIRC and its dispatched institutions has any of the acts as follows, his entity or the upper level
entity shall give him such disciplinary punishments as warnings, severe warnings, a demerit for the record, a special demerit for
the record, or degradation:
1.
To falsely report, forge or juggle insurance statistical information; or
2.
To publicize insurance statistical information by himself exceeding power violating the secrecy clauses of these Provisions, which
causes serious consequences.
Chapter VIII Supplementary Provisions
Article 41
The insurance statistical work of the organizations as follows shall be governed by the provisions of laws, regulations or the provisions
of the CIRC, if any; if there are no provisions on laws, administrative regulations or the CIRC, the insurance statistical work of
the organizations as follows shall be governed by these Provisions:
1.
Insurance intermediary organizations;
2.
Insurance group companies;
3.
Insurance shareholding companies;
4.
Policy-oriented insurance companies; and
5.
Insurance assets management companies.
Article 42
The insurance statistical work of any branch of any foreign insurance company shall be governed by the provisions of these Provisions
on the work of insurance statistics of the organization of the insurance company with legal person status.
Article 43
Under these Provisions, detailed implementation rules may be constituted by the dispatched institutions of the CIRC.
Article 44
The CIRC has the power to make interpretation on these Provisions.
Article 45
These Provisions shall go into effect as of November 1, 2004. The Interim Measures for the Administration of Insurance Regulatory
Statements promulgated on February 23rd, 1999 by the CIRC shall be abolished concurrently.
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