INTERIM PROVISIONS ON ADMINISTERING INSURANCE STATISTICS
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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 September 29, 2004 Interim Provisions on Administering Insurance Statistics Article 1 In order to strengthen administration on insurance statistics and make sure the authenticity, completeness, accuracy and timeliness 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, 2. The insurance organizations shall investigate, collect, sort-out, and analyze the materials reflecting the business conditions of Article 3 The term “statistical information” mentioned in these Provisions means the related reports, statements, documents and materials reflecting Article 4 The basic task of the CIRC and its dispatched institutions in statistical work shall be: to gather, audit, collect, analyze and publicize The basic tasks of an insurance organization in statistical work shall be: to complete various insurance statistical work, carry out 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 The CIRC shall take charge of supervising and managing the national insurance statistical work, managing the statistical information 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 Article 8 The “insurance organizations” as mentioned in these Provisions means the commercial insurance companies and their branches set up 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 2. To gather, audit, collect and analyze insurance statistical information, compile statistics analysis report, and publicize the related 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 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 4. To complete the statistical survey tasks deployed by the CIRC and its dispatched institutions, and carry out statistical surveys, 5. To enforce construction on statistical information automatic system, and to set up and perfect statistical information management 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 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, 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 Article 16 The frequency for an insurance organization to report statistical information to the CIRC and its dispatched institutions shall be: 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 The time for reporting the aforesaid monthly report, quarterly report, semi-annual report and annual report may be postponed for 3 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 Article 19 Insurance market and the conditions for macro-economic development shall be periodically analyzed and researched, and such conditions 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 Statistical information on insurance industry within their own jurisdictions shall be publicized periodically by the dispatched institutions Article 21 The statistical information on insurance industry publicized by the dispatched institutions of the CIRC shall exclude the contents 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 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, 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 Article 25 No insurance organization may delay, omit, hide, falsify, refuse to report, forge or juggle any statistical information, and the 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 Article 29 No person in charge of any insurance organization may revise violating regulations any statistical information provided by any statistics Article 30 A person in charge of the organization shall be designated respectively by the organization with legal person status of any insurance An internal functional department shall be designated respectively by the organization with legal person status of any insurance organization The specific scope of the branches in the preceding two paragraphs shall be prescribed by the dispatched institutions of the CIRC Article 31 An insurance organization shall give a report to the CIRC or its dispatched institutions within 10 workdays after designating or Article 32 The legal representative or the main person in charge of the branches shall audit and confirm the statistical information submitted Article 33 The CIRC and its dispatched institutions shall set up system of circulating a notice of report on submission of insurance statistical Article 34 The CIRC and its dispatched institutions shall taking charge of making statistical supervision and inspection on insurance organizations. 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 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, 1. Having made outstanding contributions to the reform and perfection of insurance statistical system, statistical methods and other 2. Having made prominent achievements in completing insurance statistics survey tasks and making sure the accuracy and timeliness of 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 6. Having made outstanding performance in being true to the fact, dealing with affairs under law, and struggling against the violations 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 Article 37 The CIRC or its dispatched institutions may have a supervision talk with any insurance organization violating these Provisions and Article 38 If violating these Provisions and having any of the acts as follows, any insurance organization shall be given warnings and ordered 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 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 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 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 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 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 |
Chairman of the China Insurance Regulatory Commission
2004-09-29