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中华人民共和国统计法 STATISTICS LAW OF THE PEOPLE'S REPUBLIC OF CHINA

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(Adopted at the Third Meeting of the Standing Committee of the Sixth National People's Congress, promulgated by Order No.9 of the President of The People's Republic of China on December 8, 1983, and effective as of January 1, 1984) (Editor's Note: For the revised text, see the Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Statistics Law of the People's Republic of China (Appendix: the first revision) Promulgated on May 15, 1996 and effective as of the same date)
时效性:已被修正  颁布日期:19831208  实施日期:19840101  失效日期:19960515  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Plans for Statistical Investigations and the Statistical System

  Chapter III The Administration and Publication of Statistical Data

  Chapter IV Statistical Organs and Personnel

  Chapter V Legal Responsibility

  Chapter VI Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is formulated in order to organize statistical work in an effective and scientific manner, to ensure accuracy and timeliness of statistical data, to bring into play the important role of statistics in comprehending the actual condition and strength of the country as well as in guiding national economic and social development, and to promote the smooth progress of the socialist modernization.

  Article 2 The fundamental task of statistical work is to make statistical investigations and analyses of national economic and social development, to provide statistical data and to exercise statistical supervision.

  Article 3 The state organs, public organizations, enterprises, institutions, and self-employed industrialists and businessmen, as well as all foreign-owned enterprises and institutions, all Chinese-foreign equity joint ventures and contractual joint ventures within the territory of China, shall, in accordance with the provisions of this Law and state provisions, provide statistical data. They may not make false entries or conceal statistical data, and they may not report statistical data belatedly or refuse to submit statistical reports. Falsification and tampering of statistical data shall be prohibited.

  Autonomous mass organizations at the grass-roots level and citizens have the duty to provide truthful information needed for state statistical investigations.

  Article 4 The state shall establish a centralized and unified statistical system, with a statistical administrative structure under unified leadership and with each level assuming responsibility for its own work.

  A State Statistical Bureau shall be established under the State Council to be responsible for organizing, directing and coordinating the statistical work throughout the county. People's governments at all levels and all departments, enterprises and institutions may, according to the needs of their statistical work, set up statistical organs and staff them with statistical personnel.

  Article 5 The state shall introduce in a planned way modern techniques of statistical computing and data transmission.

  Article 6 Leading members of all localities, departments and units shall direct and supervise statistical organs and personnel and other personnel concerned in enforcing this Law and the rules governing statistical work.

  Leading members of all localities, departments and units may not revise the statistical data provided by statistical organs and personnel in accordance with the provisions of this Law and the rules governing statistical work: if they find any error in data computation or in data sources, they shall instruct the statistical organs and personnel and other personnel concerned to make verification and corrections.

  Article 7 Statistical organs and personnel shall adopt the system of responsibility for work. They shall, in accordance with the provisions of this Law and the rules governing statistical work, truthfully provide statistical data, accurately and promptly accomplish the task of statistical work and protect state secrets.

  In accordance with the provisions of this Law, statistical organs and personnel shall exercise, independently and free from interference, their functions and powers with regard to statistical investigations, statistical reports and statistical supervision.

  Chapter II Plans for Statistical Investigations and the Statistical System

  Article 8 Statistical investigations shall be conducted in accordance with an approved plan. A statistical investigation plan shall be drawn up according to statistical investigation items State statistical investigation items shall be worked out by the State Statistical Bureau, or by the State Statistical Bureau jointly with the relevant department or departments of the State Council, and shall be submitted to the State Council for examination and approval.

  Statistical investigation items of a department shall be worked out, if the units to be investigated lie within its jurisdiction, by the department itself and shall be reported to the State Statistical Bureau or to a statistical organ of a local people's government at the same level for the record; if the units to be investigated lie beyond its jurisdiction the investigation items shall be worked out by the department and shall be reported to the State Statistical Bureau or to a statistical organ of a local people's government at the same level for examination and approval, but the important items shall be reported to the State Council or a local people's government at the same level for examination and approval.

  Local statistical investigation items shall be worked out by statistical organs of local people's government at or above the county level, or by statistical organs of local people's governments at or above the county level jointly with the relevant department or departments, and shall all be reported to local people's governments at the same level for examination and approval.

  In the event of serious natural calamities or other unforeseeable situations, local people's governments at or above the country level may decide to take interim investigations beyond the original plan.

  In drawing up a plan for statistical investigation items, it is necessary to draw up simultaneously appropriate statistical investigation forms, which shall be reported to the State Statistical Bureau or a statistical organ of a local people's government at the same level for examination or for the record.

  State, departmental and local statistical investigations must be explicitly divided in their functions. They should be made to dovetail with each other and not overlap.

  Article 9 For important general surveys of the condition and strength of the country where the joint efforts of different quarters are required, the State Council and local people's governments at various levels shall exercise unified leadership and organize joint execution by statistical organs and other departments concerned.

  Article 10 The state shall formulate unified statistical standards to ensure standardization of definitions of statistical items, computing methods, classification catalogue, investigation forms and statistical coding employed in statistical investigations.

  The state statistical standards shall be formulated by the State Statistical Bureau or by the State Statistical Bureau jointly with the State Bureau of Standards.

  The various departments of the State Council may formulate supplementary departmental statistical standards. Departmental statistical standards may not conflict with the state statistical standards.

  Article 11 Establishments concerned have the right to refuse to fill in statistical investigation forms drawn up and issued in violation of this Law and relevant state provisions.

  Chapter III The Administration and Publication of Statistical Data

  Article 12 Statistical data within the scope of state and local statistical investigations shall be separately placed under the unified administration of the State Statistical Bureau, the statistical organs of local people's governments at and above the county level or the statisticians of township sand towns.

  Statistical data within the scope of departmental statistical investigations shall be placed under the unified administration of statistical organs or persons in charge of statistics of competent departments.

  Statistical data of enterprises and institutions shall be placed under the unified administration of statistical organs or persons in charge of statistics of the enterprises and institutions.

  Article 13 Statistical data shall, in accordance with the state provisions, be published periodically by the State Statistical Bureau and statistical organs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  Statistical data to be published by various localities, departments and units shall be checked and ratified by the statistical organs or persons in charge of statistics as prescribed in Article 12 of this Law, and shall be submitted for examination and approval according to procedures stipulated by the state.

  Article 14 Statistical data pertaining to state secrets must be kept confidential. Single item investigation data concerning any private individual or his/her family shall not be divulged without the consent of the said person.

  Chapter IV Statistical Organs and Personnel

  Article 15 Independent statistical organs shall be established in local people's governments at and above the county level, and people's governments of townships and towns shall be staffed with full-time or part-time statisticians, who shall be responsible for organizing, guiding and coordinating the statistical work in their respective administrative areas.

  Article 16 The administrative structure with regard to statistical organs of local people's governments at and above the county level and statisticians of townships and towns shall be specifically prescribed by the State Council.

  The sizes of the staff of statistical organs of local people's governments at various levels shall be prescribed by the state in a unified way.

  Article 17 The departments of the State Council and local people's governments at various levels shall, according to the needs of their statistical work, establish statistical organs, or staff relevant organs with statistical personnel, and appoint persons in charge of statistics. These statistical organs and persons in charge of statistics are, in statistical work, under the direction of the State Statistical Bureau or statistical organs of local people's governments at the corresponding level.

  Article 18 Enterprises and institutions shall, according to the needs of their statistical work, establish statistical organs or staff relevant organs with statistical personnel, and appoint persons in charge of statistics.

  Enterprises and institutions shall fulfil state or local statistical investigation tasks and accept the direction of statistical organs of local people's governments.

  Article 19 The main functions of the State Statistical Bureau and statistical organs of local people's governments at various levels are as follows:

  (1) to draw up plans for statistical investigations and map out and inspect statistical work throughout the country or in their respective administrative areas;

  (2) to organize state and local statistical investigations and to collect, compile and provide statistical data of the whole country or of their respective administrative areas;

  (3) to make statistical analyses of national economic and social development and to exercise statistical supervision; and

  (4) to administer and coordinate work concerning the statistical investigation forms and statistical standards worked out by the various departments.

  Statisticians of townships and towns shall, together with personnel concerned, take charge of the statistical work in rural areas at the grass-roots level and accomplish the tasks of state and local statistical investigations.

  Article 20 The main functions of statistical organs or persons in charge of statistics of departments of the State Council and local people's governments at various levels are as follows:

  (1) to organize and coordinate the statistical work of various functional organs of such departments, to execute the tasks of state and local statistical investigations, to draw up and carry out statistical investigation plans of such departments and to collect, compile and provide statistical data;

  (2) to make statistical analyses of and exercise statistical supervision over the implementation of plans of such departments and of the enterprises and institutions under their jurisdiction; and

  (3) to organize and coordinate the statistical work of enterprises and institutions under the jurisdiction of such departments and handle statistical investigation forms of such departments.

  Article 21 The main functions of statistical organs and persons in charge of statistics of enterprises and institutions are as follows:

  (1) to organize and coordinate the statistical work of such units, to execute the tasks of state, departmental and local statistical investigations, and to collect, compile and provide statistical data;

  (2) to make statistical analyses of and exercise statistical supervision over the implementation of plans of such units; and

  (3) to handle statistical investigation forms of such units, to establish and improve statistical master-file systems and to establish and improve, jointly with organs or persons concerned, original record systems.

  Article 22 Statistical personnel have the powers:

  (1) to require units or persons concerned to provide data in accordance with state provisions;

  (2) to check the accuracy of statistical data and to ask for correction of incorrect statistical data; and

  (3) to expose and report any act done in statistical investigation work that contravenes the laws of the state and disrupts the state plan.

  Article 23 Statistical personnel should possess the professional knowledge necessary for carrying out statistical tasks. Professional studies should be organized for statistical personnel lacking professional knowledge.

  Article 24 Statistical organs of the State Council and of local people's governments at various levels, various departments, enterprises and institutions shall, in accordance with relevant state provisions, evaluate statistical personnel and confer on them appropriate professional titles in order to ensure a fixed number of statistical personnel holding professional titles.

  Chapter V Legal Responsibility

  Article 25 Administrative sanctions may be imposed on leading members concerned or personnel bearing direct responsibility for any of the following unlawful practices when the circumstances are rather serious:

  (1) making false entries in statistical data or concerning statistical data;

  (2) falsifying or tampering with statistical data;

  (3) refusing to submit statistical reports or repeated late reporting of statistical data;

  (4) infringing upon the functions and powers exercised, as stipulated in this Law, by statistical organs or personnel;

  (5) drawing up and distributing by themselves, without authorization and in violation of the provisions of this Law, statistical investigation forms;

  (6) publishing by themselves, in violation of the provisions of this Law, unverified and unapproved statistical data; or

  (7) violating the provisions of this Law for the protection of secrets.

  Any self-employed industrialist or businessman who commits any one of the unlawful practices mentioned in (1) (2)and (3) above may, if the circumstances are serious and with the approval of a people's government at or above the county level, be punished with suspension of business operations or revocation of his business licence by an administrative department for industry and commerce. If the party concerned does not agree with the decision, it may file suit in a people's court within 15 days from the date of receiving the notification of punishment.

  Article 26 Anyone whose contravention of this Law constitutes a criminal offence shall be investigated for his criminal liability by judicial authorities in accordance with the law.

  Chapter VI Supplementary Provisions

  Article 27 The State Statistical Bureau shall, in accordance with this law, formulate rules for its implementation and submit them to the State Council for approval before they are put into effect.

  Article 28 This Law shall go into effect as of January 1,1984. On that same day, the Regulations on Statistical Work for Trial Implementation promulgated by the State Council in 1963 shall be invalidated.

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