e00239
Standing Committee of the National People’s Congress
Negotiable Instruments Law of the People’s Republic of China (2004 Revision)
(Adopted at the 13th Session of the Standing Committee of the Eighth National People’s Congress on May 10th, 1995; Revised at the
11th Session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on August 28th, 2004)
ContentsChapter I General Provisions
Chapter II Drafts
Section 1 Drawing of Drafts
Section 2 Endorsement
Section 3 Acceptance
Section 4 Guarantee
Section 5 Payment
Section 6 Right of Recourse
Chapter III Promissory Notes
Chapter IV Checks
Chapter V Application of Law on Foreign-related Negotiable Instruments
Chapter VI Legal Responsibilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
The law has been drawn up with a view to standardizing the behavior in the transaction of negotiable instruments, protecting the legitimate
rights and interests of parties involved in the negotiable instruments transaction activities, safeguarding the social and economic
order and promoting the development of the socialist market economy.
Article 2
The law applies to all transaction activities in negotiable instruments within the territory of the People’s Republic of China.
The negotiable instruments as referred in this law include bills of exchange, promissory notes and checks.
Article 3
Activities of negotiable instruments transaction shall abide by law, administrative regulations and decrees and shall not in any
way infringe upon the public interests.
Article 4
In drafting negotiable instruments, a drawer shall put his/her signature or seal to the instruments according to the legal conditions
and bear the liabilities for the negotiable instruments in compliance with the items recorded on them.
In exercising the rights associated with the negotiable instruments, a holder shall put his/her signature or seal to the negotiable
instruments according to the legal procedures and present the instruments.
Other debtors who have put their signatures or seals on the negotiable instruments shall assume the obligations in compliance with
the items recorded on them.
The term “rights associated with the negotiable instruments” used in this law refers to the rights of the holder to claim payment
according to the amount specified in the negotiable instruments, including the right of claim and the right of recourse.
The term “obligations associated with the negotiable instruments” used in this law refers to the obligations of the debtor to pay
the amount specified in the negotiable instruments to the holder.
Article 5
Parties to a negotiable instrument may entrust their agents to put their signatures or seals to the instruments and clearly indicate
their agency relationship.
If a negotiable instrument bears the signature or seal in the name of an agent without the power of attorney, the obligations associated
with the negotiable instrument shall be performed by the person or persons who have put the signatures or seals to the negotiable
instrument. If an agent has gone beyond his/her attorneyship, he/she shall perform the obligations associated with the negotiable
instrument on the part that exceeds his/her term of reference.
Article 6
If a negotiable instrument bears the signature or seal of a person who is incapable of civil acts or by a person whose civil acts
have been restricted, the signature or the seal is invalid, but that shall not affect the validity of other signatures and seals
on the same instrument.
Article 7
The signature/seal on a negotiable instrument mean signature or seal, or signature plus seal.
The signature/seal of a legal person and other unit using negotiable instruments shall be the seal of the legal person or unit plus
the signature or seal of their legal representative or their authorized agent.
The signature on a negotiable instrument shall be the true name of the person who signs it.
Article 8
The amount of a negotiable instrument shall be written in both Chinese characters and in numerals and the two shall tally with each
other. The negotiable instruments shall be invalid if the words and figures do not tally.
Article 9
The items recorded in a negotiable instrument shall conform to the provisions of this law. The amount, date and name of the receiver
shall not be altered. If they are altered, the negotiable instrument shall become invalid.
Other matters recorded in a negotiable instrument may be altered by the original recorder and the alteration shall be certified by
a signature or seal put on it by the original recorder.
Article 10
The draft, acquisition and transfer of a negotiable instrument shall follow the principle of authenticity and creditability and be
treated as a real act of trading or debt payment.
A negotiable instrument shall be acquired against a corresponding price, that is, the price acknowledged by both parties to a negotiable
instrument.
Article 11
If a negotiable instrument is obtained free of charge according to law due to taxation, inheritance and donation, it is not restricted
by the corresponding price rule. But the rights to the instrument enjoyed shall not be superior than those enjoyed by the prior holder.
The prior holder refers to a debtor who puts his/her signature or seal to the negotiable instruments before acquired by the present
signer or holder.
Article 12
In the case of obtaining a negotiable instrument by deception, theft or coercion or obtaining a negotiable instrument which has been
knowingly obtained by deception, theft or coercion out of malicious motives, the holder shall not enjoy the rights associated with
the negotiable instruments.
A holder who has obtained the negotiable instruments not conformable to the provisions of this law due to major errors shall not enjoy
the rights associated with the negotiable instruments either,
Article 13
The debtor for a negotiable instrument shall not protest against the holder on the ground of protesting against the drawer or the
prior holder, except when the holder has obtained the negotiable instrument with the clear knowledge of the ground for protest.
The debtor for a negotiable instrument may protest against the holder having direct debtor-creditor relationship with him/her but
refusing to perform his/her agreed obligations.
The term “protest” used in this law refers to the act of the debtor for a negotiable instrument s to refuse to perform obligations
to the creditors according to the provisions of this law.
Article 14
Matters recorded on the negotiable instruments shall be true to the facts. Forging or alteration is not allowed. Those who forge or
alter the signatures or seals or other items recorded on the negotiable instruments shall bear legal responsibilities.
The forged or altered signatures or seals do not affect the validity of the true signatures or seals on the same negotiable instruments.
If any item recorded on the negotiable instruments has been altered, the person who signs the instrument before the alteration shall
be responsible for the matters originally recorded. The person who signs the instruments after the alteration shall be responsible
for the matters recorded after the alterations. If it is impossible to tell whether the signatures or seals are made before or after
the alteration, they are regarded as being made before the alterations.
Article 15
In the case of loss of a negotiable instrument, the person who loses it may timely notify the payer of the negotiable instrument to
refuse payment on the lost instrument, except in the cases in which the payer is not recorded or it is impossible to determine the
payee and the agency payer.
The payer shall suspend payment after receiving the notice for suspending payment due to lost instrument.
Owner of the lost negotiable instrument shall, within three days of issuing the notice for suspending payment due to lost instrument,
or immediately after the negotiable instrument is lost, apply for public summons with the People’s Court or indict with the People’s
Court.
Article 16
The exercising of the rights associated with the negotiable instruments on instrument debtors or the right for the protection of the
negotiable instrument shall be conducted at the business sites and during the business hours of the parties to the negotiable instruments
and, if the parties to the negotiable instruments have no business sites, it shall be conducted in their residences.
Article 17
The rights to the negotiable instruments shall expire if not exercised within the following time limits:
1.
Within two years from the time of the maturity of the negotiable instruments for the right of the holder to the drawer and acceptor,
or, within two years from the date of draft for bills and notes payable at sight;
2.
Within six months from the date of draft for the right of the holder to the drawer;
3.
Within six months from the date of non-acceptance or dishonor for the right of recourse of the holder to the prior holder;
4.
Within three months from the date of liquidation or the date of indictment for the right of re-recourse.
The date of draft and the due date shall be fixed by parties to the negotiable instruments according to law.
Article 18
Holders who have lost the right to the negotiable instruments due to the expiry of the validity period for the exercise of the rights
to the negotiable instruments or due to the inadequacy of the recordings on the negotiable instruments still enjoy the civil rights
and may request the drawers or acceptors to return the interests in equal amount specified in the negotiable instruments unpaid.
Chapter II Drafts
Section 1 Drawing of Drafts
Article 19
A draft is a bill signed by the drawer, requiring the entrusted payer to make unconditional payment in a fixed amount at the sight
of the bill or on a fixed date to the payee or the holder.
Drafts include bank drafts and commercial drafts.
Article 20
The drawing of a draft refers to the act of a drawer to sign and deliver the draft to the payee.
Article 21
The drawer of a draft shall have real authorized payment relations with the payees and have reliable sources of fund to pay the draft
amount.
It is forbidden to sign drafts without corresponding prices for the purpose of acquiring funds from banks or other parties to the
negotiable instrument by deception.
Article 22
A draft shall bear the following items:
1.
Chinese characters denoting “draft”;
2.
Commission on unconditional payment;
3.
The amount of money fixed;
4.
Name of the payer;
5.
Name of the payee;
6.
Date of draft;
7.
Signature of the drawer.
A draft lacking one of the items listed above is invalid.
Article 23
The date of payment, place of payment and place of draft recorded on the draft shall be clear and definite.
If a draft does not bear the date of payment, it is a draft payable at sight.
If a draft does not bear the place of payment, the place of payment shall be the business site or the residence of the payer or the
place where the payer often lives.
If a draft does not bear the place of draft, the place of draft shall be taken as the business site or residence of the drawer or
the place where the drawer often lives.
Article 24
Items other than those provided for by this law may be recorded on a draft, but such items do not have the draft effect.
Article 25
The date of payment may be recorded in one of the following forms:
1.
Payable at sight;
2.
Dated payment;
3.
Payable on a fixed date after draft;
4.
Payable on a fixed date after sight.
The date of payment provided for in the preceding paragraph is the due date of the draft.
Article 26
After signing the draft, the drawer shall bear the responsibility of ensuring the acceptance and payment of the draft. If a drawer
has failed to get the draft accepted or paid, the drawer shall undertake to pay the amount and expenses provided for in Article 70
and Article 71 of this law.
Section 2 Endorsement
Article 27
The holder of a draft may transfer the rights associated with the draft or authorize others to exercise some of the rights.
If the drawer writes the Chinese characters meaning “Not Transferable” on a draft, the draft shall not be transferred.
In exercising the rights provided for in the first paragraph, the holder shall endorse it and deliver the draft.
“Endorsement” refers to the recording of items concerned on the backside of a draft or on the allonge to the draft with a signature
or seal put to the record.
Article 28
If the draft instrument has not enough space to satisfy the needs of writing, an allonge may be attached.
The first person who writes on the allonge shall put his/her signature or seal to the sticking line of the allonge.
Article 29
An endorsement shall be signed by the endorser, with the date of endorsement.
An endorsement without date shall be regarded as an endorsement before the due date.
Article 30
If a draft is endorsed over to another person entirely or in part, the draft shall bear the name of the endorser.
Article 31
In endorsing over a draft to others, the endorsement shall be in uninterrupted series. The holder shall prove the rights associated
with the draft by an uninterrupted series of endorsement. If a draft is not endorsed over to another person, the holder shall put
to the proof the right on the draft according to law.
The term “uninterrupted series” used in the preceding paragraph refers to the sequential consistency in the signatures or seals by
the endorser and the endorsee in the transfer of negotiable instruments.
Article 32
In endorsing a draft to others, the subsequent endorser shall be responsible for the authenticity of the endorsement by the immediate
prior endorser.
The subsequent endorser refers to the other debtors involved in the draft signed after the signer of the draft.
Article 33
An endorsement shall not have conditions attached, If an endorsement has conditions attached, the conditions do not have the effect
on the draft.
The endorsement which transfers part or the entire amount on the draft to two or more persons is invalid.
Article 34
If an endorser writes the words “Not Transferable” on a draft and the draft is transferred by the subsequent endorser, the original
endorser shall not bear the liability of guarantee to the subsequent endorsee.
Article 35
If an endorsement bears the word “Collection”, the endorsee has the right to exercise the rights to the draft commissioned on behalf
of the endorser. But the endorsee shall not re-endorse over a draft to others.
A draft may be mortgaged. In mortgaging a draft, the word “Hypothecation” shall be written in the form of endorsement. When having
acquired the hypothecation according to law, the endorsee may exercise the rights to the draft.
Article 36
A draft shall not be endorsed over to others when it has been refused to pay or accepted or the time of payment as indicated is overdue.
If such a draft is endorsed over to others, the endorser shall bear the liability of the draft.
Article 37
After an endorser has endorsed over a draft to others, the endorser shall be liable to ensure the draft in the hands of the subsequent
holder are accepted or paid. If an endorser cannot get the draft accepted or paid, the endorser shall undertake to claim payment
in the amount of the draft plus expenses from the holder as provided in Article 70 and Article 71 of this law.
Section 3 Acceptance
Article 38
Acceptance refers to a promise of a draft payer to pay the actual amount of draft when the draft is due.
Article 39
For a draft payable on a fixed date or on a fixed date set after the date of draft, the holder shall make presentation for acceptance
to the payer before the due date of draft.
Presentation for acceptance refers to the act of the holder to present the draft and demand for the pledge of the payer to pay.
Article 40
For a draft payable on a fixed date after sight, the holder shall present it for acceptance to the payer within one month starting
from the date of draft.
If a holder has failed to make presentation for acceptance according to the prescribed time limit, that holder shall lose the right
of recourse against the prior holder.
No presentation for acceptance is necessary for a draft payable at sight.
Article 41
A payer shall accept or refuse to accept a draft for which the presentation for acceptance has been made within three days after receiving
the draft for which presentation for acceptance is made.
After receiving the draft for which presentation for acceptance is made, the payer shall sign an acknowledgment for receiving the
draft. The acknowledgment shall specify the date of the presentation for acceptance and shall be signed.
Article 42
In accepting a draft, the payer shall write “Accepted” across the face of the draft and the date of acceptance and fix the seal. For
a draft payable on a fixed date after sight, the date of payment shall be recorded in acceptance.
If no date of acceptance is recorded on a draft, the last day of the time limit prescribed in the first paragraph of the preceding
article shall be taken as the date of acceptance.
Article 43
There shall be no conditions attached in accepting a draft. If there are conditions attached in acceptance, it shall be regarded as
refusal of acceptance.
Article 44
After accepting a draft, the payer shall be liable to pay when the draft is due.
Section 4 Guarantee
Article 45
A guarantor shall undertake the liabilities of guaranty for the debt involved in the draft. A guarantor shall be some person other
than the debtor of the draft.
Article 46
A guarantor shall record the following items on the draft or allonge:
1.
The word “Guarantee”;
2.
Name and residence of the guarantor;
3.
Name of the guaranteed party;
4.
Signature or seal of the guarantor.
Article 47
If a guarantor has failed to record item 3 of the preceding article on the draft or allonge, the acceptor shall be the guaranteed
party of the accepted draft; and the drawer shall be the guaranteed party for the draft not accepted.
If the guarantor has failed to record item 4 of the preceding article, the date of draft shall be the date of guaranty.
Article 48
A guarantor shall guarantee that there are no conditions attached. If conditions have been attached, they shall not affect the liability
of guaranty for the draft.
Article 49
A guarantor shall undertake the liability of guaranty for the right to the draft enjoyed by the holder who has acquired the draft
according to law, except cases when the debt guaranteed has become invalid due to inadequate recording in the draft.
Article 50
A guarantor shall undertake several liability together with the guaranteed for the draft under guarantee. If the draft is not paid
when due, the holder has the right to demand the guarantor for payment and the guarantor shall pay the full amount.
Article 51
If there are two or more guarantors, the guarantors shall undertake a joint and several liability.
Article 52
After the draft debt is cleared, the guarantor may exercise the right of recourse of the holder against the guaranteed and the prior
holder.
Section 5 Payment
Article 53
A holder of a draft shall make presentation for payment according to the following time limits:
1.
Presentation for payment shall be made to the payer within one month starting from the date of draft for a draft payable at sight;
2.
Presentation for payment shall be made to the acceptor within 10 days starting from the due date for a draft payable on a fixed date
or on a fixed date after the date of draft or on a fixed date after sight.
When the holder has failed to make presentation for payment within the time limited prescribed in the preceding paragraph and some
explanations are made, the acceptor or payer shall continue to undertake the liability of payment to the holder.
If the presentation for payment is made through banks entrusted with collection or through negotiable instruments exchange system,
it shall be regarded as presentation for payment made by the holder.
Article 54
If a holder presents for payment according to the provisions of the preceding article, the payer shall pay in the full amount of the
draft on the same day.
Article 55
If a holder has got the payment, the holder shall sign the draft and hand the draft to the payer. If a holder has entrusted a bank
for the collection, the bank entrusted shall enter into the account of the holder the amount of the draft collected and that shall
be regarded as signed and accepted.
Article 56
The liabilities of a bank entrusted with collection by the holder are confined to transferring of the amount of the draft into the
account of the holder according to the recordings on the draft.
Article 57
In making out payments, the payer or its entrusted payer shall examine the consistency of the endorsement and check the legal identification
or valid documents of the person who makes presentation for payment.
If a payer or its entrusted payer makes the payment out of malicious motives or out of major blunder, the payer or its entrusted payer
shall bear the liabilities on their own.
Article 58
If a payer makes the payment before the due date for draft payable on a fixed date or on a fixed date after the date of draft or on
a fixed date after sight, the payer shall bear the responsibilities arising there from on his own.
Article 59
If the draft amount is specified in foreign currency, the payment shall be made in Renminbi according to the market exchange rate
quoted on the day of payment.
If the parties to a draft have agreements concerning the currencies for payment, the provisions of the agreement shall apply.
Article 60
After the payer has paid the draft amount in full, the liabilities of all debts shall be relieved.
Section 6 Right of Recourse
Article 61
Upon a refusal of payment to a draft, the holder may exercise the right of recourse against the endorser, drawer or other debtors
of the draft.
The holder may also exercise the right of recourse before the due day of a draft in one of the following cases:
1.
The acceptance of a draft is refused;
2.
The acceptor or payer has died or fled, or is living in hiding;
3.
The acceptor or payer has been declared bankrupt according to law or whose business operations have been suspended due to violations
of the law.
Article 62
In exercising the right of recourse, the holder shall provide the certificates relating to the refusal of acceptance or dishonor.
In refusing the presentation for acceptance or for payment by the holder, the acceptor or payer shall produce certificates of dishonor
or the statement on the ground for protest. If the acceptor or payer has failed to produce the certificate of dishonor or the statement
on the ground for protest, the acceptor or payer shall bear all the civil responsibilities arising therefrom.
Article 63
If no certificate of dishonor can be obtained due to the death, flee or hiding of the acceptor or payer or other reasons, other related
certificates may be obtained according to law.
Article 64
If an acceptor or a payer has been declared bankrupt by the people’s court according to law, the related judicial documents of the
people’s court have the effect of certifying the dishonor.
If an acceptor or a payer whose business operations have been suspended due to law violations, the related decisions on punishment
by related administrative department in charge have the effect of certifying the dishonor.
Article 65
If a holder is unable to present certificates of dishonor, the statement on the ground for protest or provide other legal certificates
within the prescribed time limit, the holder shall lose the right of recourse against the prior holder. But the acceptor or payer
shall continue to undertake the liabilities to the holder.
Article 66
A holder shall, within three days starting from the date of receiving the certificates relating to refusal of acceptance or dishonor,
notify in writing the prior holder of the dishonor. The prior holder shall, within three days of receiving the notice, notify in
writing the still preceding prior holder of the dishonor. The holder may also issue written notices to all the debtors of the draft
all the same time.
The holder may continue to exercise the right of recourse even if notification is not made within the time limit prescribed in the
preceding paragraph. If the holder has delayed the notification to the prior holder or drawer and caused losses thereby, the parties
that have failed to make the notification within the prescribed time limit shall be liable to compensate for the losses, with the
amount of compensation being the draft amount.
If the notice has been sent out according to the legal address or the addresses agreed upon within the prescribed time limit, the
notification is regarded as having been issued.
Article 67
The written notice served according to the provisions of the first paragraph of the preceding article shall contain the main recordings
of the draft and clearly indicates that the draft has been dishonored.
Article 68
The drawer, endorser, acceptor and guarantor shall bear a joint and several liability with regard to the holder.
A holder may exercise the right of recourse against one person or several persons or all the draft debtors in disregard of the sequential
order of the debtors.
After a holder has exercised the right of recourse against one person or several persons involving in the draft, the holder may also
exercise the right of recourse over others involved in the draft. The person against whom the right of recourse has been exercised
will enjoy the same right as the holder after the debt has been cleared.
Article 69
In the case in which the holder is the drawer, the holder has no right of recourse to the prior holder. In the case in which the holder
is the endorser, the holder has no right of recourse against the subsequent holders.
Article 70
In exercising the right of recourse, the holder may request the person subject to recourse to pay the following money and expenses:
1.
The amount of the draft dishonored;
2.
The interests calculated according to the rate fixed by the People’s Bank of China on the draft amount from the due date or the date
of presentation for payment to the date of liquidation.
3.
The expenses incurred in obtaining the related certificates of dishonor and the issuing of notification.
When the person subject to recourse is clearing his debt, the holder shall deliver the draft and related certificates of dishonor
and produce the receipts for the interests and expenses received.
Article 71
After debt clearance according to the provisions of the preceding article, the person against whom the right of recourse has been
exercised may exercise the right of re-recourse against other draft debtors and request other debtors to pay the following amount
and expenses:
1.
The complete amount cleared;
2.
The interests on the amount cleared, calculated according to the rate fixed by the People’s Bank of China from the date of liquidation
to the date of liquidation for re-recourse.
3.
Expenses on issuing notifications.
When the person who exercises the right of re-recourse is getting paid, that person shall deliver the draft and related certificates
of dishonor and produce the receipts for the interests and expenses received.
Article 72
The liabilities of the person against whom the right of recourse shall be relieved after the debt has been liquidated according to
the provisions of the preceding two articles.
Chapter III Promissory Notes
Article 73
A promissory note is an instrument written and issued by a drawer, promising to pay unconditionally a fixed amount of money to a payee
or holder at the sight of the instrument.
The term “promissory note” used in this law refers to the bank note.
Article 74
The drawer of a promissory note shall have a reliable source of funds for paying the amount of the promissory note and ensure payment.
Article 75
A promissory note shall record the following items:
1.
The characters indicating “Promissory Note”,
2.
Unconditional promise to pay;
3.
Amount of money fixed;
4.
Name of the payee;
5.
Date of issue;
6.
Signature of the drawer.
A promissory note is invalid if one of the above items is missing.
Article 76
The place of payment, the place of issue and other items recorded on the promissory note shall be clear and definite.
If the instrument does not bear the place of payment, the business site of the issuer shall be taken as the place of payment.
If the instrument does not bear the place of issue, the business site of the issuer shall be taken as the place of issue.
Article 77
When the holder of a promissory note presents the instrument, the drawer shall be liable to pay.
Article 78
The maximum time limit of payment shall not exceed two months starting from the date of draft.
Article 79
If a holder has failed to present the instrument according to the prescribed time limit, the holder shall lose the right of recourse
against the prior holders other than the drawer.
Article 80
The provisions on related draft in Chapter Two of this law shall apply with regard to the acts of endorsement, guaranty and payment
and the exercise of the right of recourse, except otherwise provided for in this chapter.
The provisions on related draft in Article 24 of this law shall apply with regard to the act of draft, except otherwise provided
for in this chapter.
Chapter IV Checks
Article 81
A check is an instrument issued by a drawer, at the sight of which the check deposit bank or other financial institutions unconditionally
pay the fixed amount to the payee or holder.
Article 82
In opening a check deposit account, an applicant shall use the true name and present the legal document that certifies his/her identification.
In opening a check deposit account and using checks, there must be a reliable creditability and a certain amount of money deposited
in the bank.
In opening a check deposit account, an applicant shall leave samples of the signature or seal in the true name of the applicant.
Article 83
A check can be cashed or transferred into other accounts. For account transfer, a clear indication shall be made across the fac
the State Council
Order of the State Council of the People’s Republic of China
No. 415
The Regulation of National Economic Census is hereby promulgated, and shall come into force as of the date of promulgation.
Premier of the State Council, Wen Jiabao
September 5, 2004
Regulation of National Economic Census
Chapter I General Provisions
Article 1
The present Regulation is formulated in accordance with the Statistics Law of the People’s Republic of China for the purpose of organizing
the implementation of national economic census scientifically and effectively and ensuring the accuracy and timeliness of economic
census data.
Article 2
The purpose of economic censuses is to control the overall conditions of the development scale, structure and benefit of the secondary
industry and the tertiary industry of our country, to establish and improve the directory and database system of the basic entities,
and to lay the foundation for researching and making national economic and social development plans, and for improving the level
of decision-making and management.
Article 3
The work of economic census shall be organized and carried out in light of the principle of unified national leadership, the division
of work and cooperation by each department, taking charge by local regions level by level, and joint participation by all the parties
concerned.
Article 4
The state organs, public organizations, enterprises and institutions, other organizations and individual businesses shall actively
take part in and closely cooperate with the economic census work in accordance with the Statistics Law of the People’s Republic of
China and the provisions of this Regulation.
Article 5
The publicity departments at all levels shall make full use of such media as newspapers and periodicals, radio broadcasts, television,
internet and outdoor advertisements, etc. to do a good job in social publicity and mobilization for economic census.
Article 6
The expenses needed for economic census shall be jointly taken on by the Central Government and the local people’s governments at
all levels, be listed into the financial budget of the corresponding year, and shall be allocated on time to ensure that they are
properly used.
The expenses for economic census shall be managed uniformly, used as special funds for special purpose, and the payout shall be strictly
controlled.
Article 7
The economic census shall be carried out once every five years, the standard time point shall be December 31st of the year of census.
Chapter II Objects, Scope and Method of Economic Census
Article 8
The objects of economic census shall be all the legal person entities, entities of industry activities and individual businesses that
undertake activities of the secondary and tertiary industry within the territory of the People’s Republic of China.
Article 9
The objects of economic census shall have the obligation to accept the investigation made by the economic census institutions and
economic census personnel according to law.
The objects of economic census shall fill in the economic census form according to the facts on time, no one may falsely report, hide
the truth in making reports, refuse to report or delay the report of economic census data.
The objects of economic census shall provide the materials relating to economic census in time according to the requirements of economic
census institutions and economic census personnel.
Article 10
The scope of industry of economic census shall include:
1.
Mining industry;
2.
Manufacturing industry;
3.
Electric power, gas and water production and supply industry;
4.
Construction industry;
5.
Communications and transportation, storage and postal industries;
6.
Information transmission, computer service and software industries;
7.
Wholesale and retail industries;
8.
Accommodation and catering industries;
9.
Finance industry;
10.
Real estate industry;
11.
Tenancy and business service industries;
12.
Scientific research, technological service and geological prospecting industry;
13.
Water conservancy, environment and public facilities management industries;
14.
Residents service and other service industries;
15.
Education;
16.
Sanitation, social security and social welfare industries;
17.
Culture, physical culture and entertainment industries; and
18.
Public management and social organizations etc..
Article 11
The method of overall investigation shall be adopted for economic census, but in the case of the production and management of individual
business, the spot check method may be adopted.
Chapter III Form Format, Main Contents and Standards of Economic Census
Article 12
In conducting economic censuses, questionnaires of legal person entities, entities of industry activities and individual businesses
shall be designed on the basis of different types of objects.
Article 13
The main contents of economic census shall include: the basic attribute of an entity, employees thereof, financial status, production
and management conditions, throughput, consumption of raw materials and energy, and scientific and technological activities, etc..
Article 14
The statistical classification standards and catalogues prescribed by the state shall be adopted for an economic census.
Chapter IV The Organization and Implementation of Economic Census
Article 15
The State Council establishes a leading group and the office thereof for economic census. The leading group for economic census shall
be responsible for the organization and implementation of economic census. The office of the leading group is established in the
State Administration of Statistics, and is responsible for the routine organization and coordination of economic censuses.
The relevant departments of the State Council shall perform their own duties, closely cooperate with each other, and do the relevant
work well.
Article 16
The local people’s governments at all levels shall establish a leading group and a corresponding office for economic census, and organize
the implementation of local economic census work in light of the unified provisions and requirements of the leading group and its
office of economic census of the State Council.
The sub-district office and residents’ (villagers’) committee shall widely mobilize and organize the social power to actively participate
in and earnestly do well the economic census work.
Article 17
The relevant departments of the State Council and the local people’s governments at all levels shall establish economic census institutions,
which are responsible for completing the economic census tasks appointed by the offices of the leading groups for economic census
of the State Council and the local people’s government of the corresponding level.
Article 18
Large enterprises shall establish economic census institutions, which are responsible for completing and reporting the economic census
form of their own enterprises. Other various legal person entities shall designate relevant personnel to be responsible for completing
and reporting the economic census form of their own entities.
Article 19
The local economic census institutions at all levels shall hire or transfer census directors and census enumerators from relevant
entities after negotiation on the basis of the need of the work. All the relevant entities shall actively recommend qualified personnel
to act as census directors and census enumerators.
The census directors and census enumerators shall be in good health, have a strong sense of responsibility and have corresponding
professional knowledge.
Article 20
The personnel hired shall be paid labor remunerations by the local economic census institutions. The wages of the personnel transferred
after negotiation shall be paid by the original entities, and their welfare and treatment shall remain unchanged.
Article 21
The local economic census institutions at all levels shall offer uniform professional training to census directors and census enumerators,
and for those who have passed the examination, a certificate of census directors and census enumerators shall be issued. The census
directors and census enumerators shall initiatively offer to show their certificates during performing economic census tasks.
The census enumerators shall be responsible for organizing and directing objects of economic census to fill in economic census forms,
and the census directors shall be responsible for directing and inspecting the work of census enumerators.
Article 22
The census directors and census enumerators are enpost_titled to consult the relevant original documents of finance and accounting, statistics
and business accounting and the relevant business management certificates in relation to the economic census of any legal person
entity, entity of production activities and individual business, and are enpost_titled to demand the objects of economic census to correct
the inaccurate contents in their economic census forms.
Article 23
The economic census institutions at all levels shall check the entities during the period of preparation for economic census and accurately
define the kinds of economic census forms.
The departments of staffing, civil affairs, taxation, industry and commerce, quality inspection at all levels and other departments
that have functions of examining, approving and registering the establishment of an entity shall be responsible for providing the
materials of the entities subject to their examination, approval and registration to the economic census institutions at the corresponding
level, and do the work well for entity check together.
The economic census institutions at the county level shall make verification and check one by one in light of the economic census
districts, on the basis of the directory database of the existing basic entities of relevant district, in combination with the entity
materials provided by the relevant departments, so as to form into a directory of economic census entities.
Article 24
The economic census institutions at the county level shall do well the work for the distribution, collection, checking, recording
and reporting of economic census forms according to the entity directory formed through checking.
Legal entities shall fill in the questionnaire of legal person entities and shall be responsible for organizing their subordinate
entities of industry activities to fill in the questionnaire of entities of industry activities.
Article 25
The economic census institutions at all levels and the economic census personnel shall exercise their authority of investigation,
report and supervision independently according to law, with which no entity or individual may interfere.
No leader of each region, department or entity may alter, without permission, the economic census materials provided by any economic
census institution or economic census personnel according to law, nor shall they order by force or authorize any economic census
institution or economic census personnel to juggle the economic census materials or fabricates false data.
Chapter V Data Processing and Quality Control
Article 26
The work for data processing of economic census shall be implemented by the economic census institutions at or above the county level.
The office of the leading group of economic census of the State Council shall be responsible for providing the data processing standards
and procedures used for all the local regions.
The local economic census institutions at all levels shall carry out the data processing in accordance with the unified requirements
and standards provided for by the office of the leading group of economic census of the State Council, and report the economic census
data level by level.
Article 27
After the end of economic census data processing, the economic census institutions at all levels shall do a good job in making backup
copies of data and putting them into the database, establish and improve the directory of basic entities and the database system,
as well as strengthen routine management and maintenance and update.
Article 28
The local economic census institutions at all levels shall establish post responsibility system for quality control of economic census
data in accordance with the unified provisions of the office of the leading group of economic census of the State Council, and make
quality control and check and acceptance on each link in the implementation of economic census.
Article 29
The office of the leading group of economic census of the State Council shall uniformly organize the work for quality spot check of
economic census data, the result of the spot check shall be regarded as the main basis for evaluating the quality of the economic
census data of the whole nation and all the local regions.
The economic census institutions at all levels shall make a careful analysis and comprehensive appraisal on the collective data of
economic census.
Chapter VI Data Publicity, Material Management and Development and Application
Article 30
The economic census institutions at all levels shall publicize economic census gazettes in accordance with the state provisions.
The local economic census institutions at all levels shall be subject to the approval by the upper level economic census institutions
when publicizing economic census gazettes.
Article 31
The economic census institutions at all levels shall handle well the work related to keeping and managing economic census data and
providing service to the general public, and make development and application on economic census materials.
Article 32
The economic census institutions at all levels and their staff members shall abide by the relevant provisions of the Statistics Law
of the People’s Republic of China and the Detailed Rules for the Implementation of the Statistics Law of the People’s Republic of
China, and perform the duty of keeping secret of the state secrets and commercial secrets of the objects of economic census they
know in economic census.
Article 33
The materials relating to the entities and individuals obtained through economic census shall be restricted strictly for economic
census purpose, and shall not be used for the basis for any entity to implement punishment on objects of economic census.
Chapter VII Commendation and Punishment
Article 34
The advanced entities and advanced individuals who have made outstanding contributions to the economic census work shall be given
honor and awards by the economic census institutions at all levels.
Article 35
In case any leader of any local region, department or entity revises economic census materials without permission, fabricates false
data or orders by force or authorizes any economic census institution or economic census personnel to juggle economic census materials
or fabricate false data, he shall be subject to administrative punishment or disciplinary punishment according to law, and the statistical
institutions of the people’s government at or above the county level shall circulate a notice of criticism.
In case any economic census personnel participates in juggling economic census materials, or fabricating false data, the statistical
institutions of the people’s government at or above the county level shall circulate a notice of criticism and give administrative
punishment according to law or suggest the relevant department or entity give administrative punishment or disciplinary punishment
according to law.
Article 36
In case any economic census object has any of the following illegal acts, the statistical institutions of the people’s government
at or above the county level shall order it to correct and circulate a notice of criticism; if the circumstances are serious, the
relevant departments or entities shall be suggested to give administrative punishment or disciplinary sanction on the competent person
directly liable and other personnel directly liable according to law:
1.
Refusing or impeding the investigation conducted by any economic census institution or economic census personnel according to law;
2.
Providing false or incomplete economic census materials; or
3.
Failing to provide materials relating to economic census, and still failing to do so after being urged to make report.
In case any enterprise or institutional organization has any one of the illegal acts as enumerated in the preceding paragraph, the
statistical institutions of the people’s government at or above the county level shall give it a warnings and impose upon it a fine
of less than RMB 50 thousands Yuan; in case any individual business has any one of the illegal acts as enumerated in the preceding
paragraph, the statistical institutions of the people’s government at or above the county level shall give it a warnings and impose
upon it a fine of less than RMB 10 thousands Yuan.
Article 37
The economic census institutions at all levels shall set up informants’ hot-line telephone to accept the complaint and supervision
of the whole society on the illegal acts of any entity or individual in the economic census and give award to the person who makes
contributions to such report.
Chapter VIII Supplementary Provisions
Article 38
The present Regulation shall be implemented as of the date of promulgation.
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