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中华人民共和国统计法(修正)(一)

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

(Adopted at the Third Meeting of the Standing Committee of the Sixth National People's Congress on December 8, 1983, and revised according to the Decision Regarding the Revision of the Statistics Law of the People's Republic of China adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996)
颁布日期:19960515  实施日期:19840101  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 advice and to exercise statistical supervision.

  Article 3 The state organs, public organizations, enterprises, institutions, self-employed industrialists and businessmen, and other objects of statistical investigation, shall, in accordance with the provisions of this Law and state provisions, provide statistical data truthfully. 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 attach importance to scientific researches on statistical item systems and constantly improve methods of statistical investigation so as to increase the scientific reliability and truthfulness of statistics.

  The state shall, in a planned way, introduce modern techniques of statistical information processing and transmission and update database systems.

  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.

  Statistical work shall be under the supervision of the general public. Any unit or person has the right to expose and report frauds and deceptions and other illegal acts committed in statistical work. Awards shall be given to units and persons for meritorious service in exposing and reporting illegal acts.

  Article 7 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.

  Leading members of all localities, departments and units may not force or incite statistical organs and personnel to tamper with or falsify statistical data. Statistical organs and personnel shall refuse and resist leading members who order or incite them to tamper with or falsify statistical data, and shall submit truthful statistical data in accordance with the provisions of this Law and the rules governing statistical work, and be responsible for the truthfulness of statistical data submitted by themselves.

  Statistical organs and personnel shall be protected by law when performing functions according to law. Leading members of all localities, department sand units may not retaliate against statistical personnel who refuses or resists to tamper with or falsify statistical data.

  Article 8 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 9 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 governments 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 county 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 10 Statistical investigations shall be based on periodical general surveys, composed mainly of regular sample surveys, and complemented with necessary statistical reports and forms, key surveys and comprehensive analyses, in order to collect and compile basic statistical data.

  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.

  Prior to a regular sample survey, basic statistical units and their distributions shall be ascertained and the scientific sample framework be established according to the approved sample survey scheme.

  The issue of periodical comprehensive statistical reports and forms to units at the grass-roots level must be rigorously restricted. If statistical data can be collected through sample survey, key survey, or administration records, periodical comprehensive statistical reports and forms may not be drawn up and issued.

  Article 11 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 12 Objects of statistical investigation 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.

  It is prohibited to make use of statistical investigations to steal state secrets, infringe upon social and public interests or practise fraud.

  Chapter III The Administration and Publication of Statistical Data

  Article 13 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 town ships and 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 14 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 13 of this Law, and shall be submitted for examination and approval according to procedures stipulated by the state.

  State statistical data shall be determined according to those as published by the State Statistical Bureau.

  Article 15 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.

  Statistical organs and personnel have the duty to keep confidential business secrets known by them from the objects of statistical investigation in such statistical investigations.

  Chapter IV Statistical Organs and Personnel

  Article 16 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 17 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 18 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 19 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.

  Enterprises and institutions shall keep original statistical records and statistical master-files, establish and improve systems of administration in such regards as examining and checking, handing over, and filing of statistical data.

  Article 20 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 and exercise statistical supervision over national economic and social development and to organize the accounting of national economy according to the State Council provisions; and

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

  The Statistical Bureau shall handle state statistical information automation systems and statistical database systems.

  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 21 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 22 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 23 Statistical personnel have the powers:

  (1) to require units or persons concerned to provide statistical data truthfully 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 illegal act done in statistical investigation work.

  In performing duties according to the provisions of the preceding paragraph and making statistical investigations, statistical personnel shall show objects of statistical investigation working certificates issued by statistical organs of people's governments at or above the county level.

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