RULES FOR THE IMPLEMENTATION OF THE STATISTICS LAW OF THE PEOPLE'SREPUBLIC OF CHINA

RULES FOR THE IMPLEMENTATION OF THE STATISTICS LAW OF THE PEOPLE'SREPUBLIC OF CHINA This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document RULES FOR THE IMPLEMENTATION OF THE STATISTICS LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Approved by the State Council on January 19, 1987, promulgated by the State Statistical Bureau on February 15, 1987) Chapter I General Provisions Article 1 These Rules are formulated in accordance with the provisions of the Statistics Law of the People's Republic of China (hereinafter referred to as the Statistics Law).

Article 2 The term statistics as used in the Statistics Law refers to the statistics of national economic and social development. It mainly includes: statistics of population and labour force; statistics of national wealth; statistics of farming; forestry, animal husbandry, fishery and water conservancy; statistics of industry; statistics of building industry; statistics of communications and transportation and post and telecommunications; statistics of commerce, catering trade, supply and marketing of materials and storage; statistics of real estate administration, public utilities, neighborhood services and consultation services; statistics of public health, physical culture and social welfare; statistics of education, culture and arts, broadcast, films and television; statistics of scientific studies and comprehensive technical services; statistics of banking and insurance; statistics of finance and financial affairs; statistics of prices; statistics of comprehensive balance of national economy; statistics of fixed assets investment; statistics of people's life; statistics of politics, law and civil administration, etc..

Article 3 Statistical data must be provided in accordance with the provisions of the Statistics Law and these Rules by all the state organs, social organizations, enterprises and institutions, various self-employed business operators and all types of economic partnerships in urban and rural areas; enterprises and institutions with exclusive foreign capital, or in form of Chinese foreign equity joint ventures or contractual joint ventures established in China; enterprises and institutions solely owned, jointly owned or cooperatively operated by the compatriots from Hong Kong, Macao and Taiwan and overseas Chinese in China; as well as enterprises and institutions solely owned, jointly owned or cooperatively operated by China in Hong Kong, Macao and in foreign countries. They may not make false and deceptive reports, or refuse to make reports, or delay the reports. No forgery or illegal alterations of reports shall be allowed.

Self-governing mass organizations at the grass-roots level and citizens shall have the obligation to provide accurate information needed in state statistical investigation.

Article 4 The state shall, in a planned way, equip statistical agencies under the people's governments at various levels with modern information technology and set up and perfect the state automatic system for statistical information. The various competent departments in the State Council may, according to their needs, equip in a planned way the statistical agencies at the departments and their affiliated organizations with modern information technology.

Article 5 Statistical agencies at various levels and statistical personnel must establish responsibility systems as well as systems for checks, awards and penalties for their staff so as to improve their work and raise efficiency constantly. At the same time, they shall exercise the following functions and powers independently according to law: (1) the power of statistical survey - investigating and collecting relevant information, holding relevant investigation meetings, checking all kinds of original records and evidence concerning statistical data.

The units and personnel to be investigated must provide true information and data and may not refuse to make reports, or make false or deceptive reports; (2) the power to make statistical reports - sorting out and analysing the information and data obtained from statistical investigations and submitting statistical reports to leading organs at higher levels and relevant departments. No units and individuals shall obstruct or withhold the statistical reports nor tamper with statistical data; (3) the power of statistical supervision - according to statistical investigation and statistical analysis, conducting statistical supervision of the national economic and social development, checking the implementation of national policies and plans, assessing economic results, social effect and achievements, examining and exposing existing problems, examining practices of making false and deceptive statistical reports and submitting proposals for the improvement of work. Departments concerned shall promptly deal with and reply to the problems reported or exposed and the proposals made by statistical agencies and personnel.

Article 6 Local people's governments, at various levels, competent departments and enterprises and institutions shall, according to the state statistical tasks and the needs of their respective localities, departments and units, strengthen the leadership and supervision over statistical work: (1) leading and supporting statistical agencies and personnel and other relevant personnel in implementing statistical laws, regulations and systems, completing accurately and timely statistical tasks and promoting modernization of statistical work; (2) drawing and organizing statistical personnel into meetings to discuss relevant policies and plans and study questions concerning economic and social development so that statistics may play a role of service and supervision; (3) organizing implementation of major general investigations of national conditions and national strength according to the State's unified plan; (4) examining and approving plans of statistical investigation according to relevant provisions and providing the personnel and funds needed for the approved statistical investigations.

Article 7 The State Statistical Bureau and statistical agencies under the local people's governments at or above the county level shall be the state organs to execute statistical laws and regulations and supervise their implementation. It shall be their responsibility to check the implementation of statistical laws and regulations, uphold the lawful powers and rights of statistical agencies and personnel and fight against violations of statistical laws and regulations.

Chapter II Statistical Investigation Plans and Statistical Systems Article 8 Statistical agencies and competent departments under the people's governments at or above the county level shall establish separate statistical systems and draw up separate statistical investigation plans at the following three levels and shall implement the systems and plans after they have been approved by examination organs according to relevant provisions: (1) National statistical investigation. It shall be a nation-wide statistical investigation of the basic conditions in the country, covering such items for investigation as solely worked out by the State Statistical Bureau and those jointly worked out by the State Statistical Bureau and relevant departments under the State Council. New and important items for investigation in national statistical investigation plans shall be reported to the State Council for examination and approval by the State Statistical Bureau. Regular and general items for investigation shall be examined and approved by the State Statistical Bureau as authorized by the State Council. All localities, departments and units must strictly implement national statistical investigation plans.

The State generally carries out a major general investigation of national conditions and national strength (population, industries, agriculture, building industry, service trades, etc.) every ten years. A simplified investigation of population shall be conducted between two major general investigations.

(2) Departmental statistical investigation. It shall be a specialized statistical investigation conducted by various departments. The plans and programs of departmental statistical investigation shall be worked out by various specialized institutions concerned under statistical agencies in the pertinent departments. If the objects of investigation are within their own systems of jurisdiction, the plans and programs shall be examined and approved by the leaders of these departments and reported to the State Statistical Bureau or the statistical agencies in the local people's governments at the same level for the record. If the objects of investigation are outside the departmental system of jurisdiction, the plans and programs shall be reported to the State Statistical Bureau or the statistical agencies in the local people's governments at the same level for examination and approval. Important plans and programs shall be reported to the State Council or the local people's governments at the same level for examination and approval. The division of jurisdiction for statistical investigation among various departments shall be worked out by the State Statistical Bureau in consultation with the competent departments under the State Council and reported to the State Council for approval and implementation.

(3) Local statistical investigation. It shall be the statistical investigation needed by local people's governments. The procedures for reporting and approval of local statistical investigation plans and programs shall be stipulated by the statistical bureaux under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Statistical Bureau for the record.

Article 9 Departmental and local statistical investigations may not overlap or contradict national statistical investigation.

The division of work among national statistical investigation, departmental statistical investigation and local statistical investigation shall be decided by the State Statistical Bureau after consultation with the competent departments under the State Council and the statistical bureaux under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 10 The statistical data needed by the departments for comprehensive coordination under the people's governments at various levels shall generally be obtained from the statistical agencies and the relevant competent departments under the people's governments at the same level.

When necessity arises for direct statistical investigation, plans and programs shall be worked out and implemented after being examined and approved in accordance with the provisions of the Statistical Law and these Rules.

Article 11 Statistical investigation plans shall be worked out on the basis of projects of statistical investigation. A project of statistical investigation refers to a statistical investigation organized in a specified time period for a certain investigation objective. The plan of each investigation project shall specify the following: name of project, organ to conduct the investigation, objective, scope, object(s), manner, duration, and main content of investigation. Investigation programs of statistical investigation projects shall be worked out simultaneously with the statistical investigation plan. An investigation program shall include: (1) investigation forms to be filled out by objects of investigation and written directions; (2) overall statistical forms to be filled out and reported to the leadership and written directions; (3) the personnel and funds needed for statistical investigations and the sources thereof.

Article 12 The statistical agencies under the people's governments at various levels and those in the various competent departments shall strictly examine the statistical investigation plans and their investigation programs sent in for examination as to their necessity, feasibility and scientific reliability. Those which do not conform to the provisions of these Rules shall be returned for alterations or rejected. In drafting and examining statistical investigation programs, the following principles shall be adhered to: (1) if the relevant data can be obtained from the statistical investigations which have been approved or conducted, no such investigations shall be repeated; (2) comprehensive statistical investigation forms shall not be printed and issued if the objectives can be achieved through sample, key and typical case investigations or administrative registration. Regular statistics shall not be conducted if a single investigation can satisfy the needs. If yearly statistics suffices the needs, no quarterly statistics shall be conducted; quarterly one suffices, no monthly one shall be done. Progress statistics more frequent than monthly one must be strictly restrained; (3) before a new statistical investigation program is made public, tests shall be conducted at selected places, or the opinions of the relevant localities, departments and grassroots units be heard, and feasibility study be made, so as to ensure that the program is practicable and the best possible investigation result receives due attention; (4) the personnel and funds needed for the statistical investigations shall be ensured.

Article 13 For a statistical investigation program that has been approved according to the prescribed procedures, the designation of the organ which has devised the investigation form, serial number of the form, the designation of the organ to which the program has been sent for approval or for the record and the serial number of approval shall all be indicated in the upper right-hand corner of the investigation form. The units and individuals to be investigated shall fill out the forms accurately, promptly and gratuitously.

Statistical investigation forms (including investigation outlines with collecting statistical data as the main objective without the above- mentioned indicators shall be illegal forms, which all units and individuals have the right to refuse to fill out and which the statistical agencies under the people's governments at various levels are empowered to nullify.

Article 14 Without consent of the organ which has drawn up the statistical investigation program, no unit or individual shall revise the index implications, scope of investigation, methods of calculation, classified table of contents, format of the form, statistical codes, etc. as prescribed in the statistical investigation program.

Chapter III Administration and Announcement of Statistical Data Article 15 All localities, departments and units shall amplify the system of examination and verification of statistical data and guarantee the accuracy and promptness of statistical data.

The statistical data provided by various departments, enterprises and institutions shall be examined, verified, signed or sealed by the leaders of the respective departments and units or the persons responsible for statistics before they are sent to the higher leadership. Data concerning financial statistics shall be provided by financial organs or financial personnel and shall be examined, verified and sealed by persons in charge of financial departments. The statistical data provided by the statistical agencies under the people's governments at various levels and by the statisticians in townships and towns shall be examined, verified, signed or sealed by the leading personnel in the statistical agencies under the people's governments or by statisticians in townships and towns before they are sent to the higher levels.

Leaders of various localities, departments and units shall not make alterations in the statistical data provided by statistical agencies and personnel according to the Statistics Law or statistical system. If they consider the relevant data untrue, they shall order the statistical agencies and personnel and other relevant personnel to verify and correct them. If the deadline for data reporting has come, the data may be reported first with due notations. If mistakes are really found after verification, corrections shall be made without the time limit set by the leadership.

Article 16 If statistical data are needed in formulating policies and plans, checking the implementation of policies and plans, assessing economic and social results and performance, and meting out awards and penalties, etc., leading organs at various levels shall, in accordance with the provisions in Article 12 of the Statistics Law, take as solely credible the statistical data bearing the signatures or seals of the statistical agencies or persons in charge of statistics.

Article 17 The statistical agencies under the people's governments at various levels must provide good consultancy services in statistical information and serve the community by making full use of all social and economic information that can be made known to the public. Consultancy services in statistical information not controlled by the Statistics Law and statistical systems but provided in conformity with the relevant provisions of the State shall be non-gratuitous. The measures for such non-gratuitous services shall be formulated by the State Statistical Bureau in conjunction with the State Administration for Commodity Prices.

Article 18 All localities, departments and units must implement the Measures Concerning Security and Administration of Statistical Data formulated by the State Statistical Bureau so as to strengthen unified administration of statistical data.

Article 19 All localities, departments and units must establish systems of statistical data files and these files shall be properly kept, transferred and turned over in accordance with the relevant provisions of the State Archives Bureau.

Chapter IV Statistical Agencies and Statistical Personnel Article 20 The function and responsibilities of the State Statistical Bureau shall be as follows: (1) formulating regulations concerning statistical work, drafting programs to update statistical work, drawing up State statistical investigation plans, leading and coordinating national statistical work and checking and supervising the implementation of statistical laws and regulations according to the State laws, policies and plans; (2) amplifying accounting systems of national economy and systems of statistical indexes, formulating the system of nationally unified forms for basic data reporting, formulating solely or jointly with relevant departments national statistical standards and examining and approving departmental statistical standards; (3) under the unified leadership of the State Council, organizing jointly with relevant departments major general investigations of the national conditions and national strength, organizing and coordinating sample investigations of social and economic conditions in urban and rural areas throughout the country; (4) in accordance with the needs of the State in deciding policies, formulating plans and carrying out administration, collecting, sorting out and providing basic statistical data of the nation and conducting statistical analysis, forecast and supervision of the national economic and social development; (5) examining the statistical investigation plans and their investigation programs of the various departments under the State Council and exercising control over the investigation forms issued by the various departments under the State Council; (6) checking, examining and approving, controlling, announcing and publishing nationwide basic statistical data and regularly issuing statistical bulletins concerning the national economic and social development; (7) leading and controlling the groups responsible for sample investigations of the social and economic conditions in the urban and rural areas throughout the country; (8) organizing and directing nationwide statistical scientific studies, statistical education, the training of statistical personnel and the publication of statistical books and periodicals; (9) conducting international exchanges in statistical work and statistical science.

Article 21 The functions and responsibilities of the statistical agencies under the local people's governments at or above the county level (including municipal districts) shall be: (1) accomplishing tasks of national statistical investigations, applying national statistical standards and implementing the system of nationally unified forms for basic statistical reporting; (2) drafting plans to update local statistical work, working out statistical investigation plans and the investigation programs, leading and coordinating the statistical work conducted by the central and local units in the localities and checking and supervising the implementation of statistics laws and regulations; (3) collecting, sorting out, and providing basic statistical data and conducting statistical analysis, forecast and supervision of the essential conditions of the economic and social development in their respective localities in accordance with the needs of these localities in policy formulation, plan drafting and administration; (4) examining the statistical investigation plans and investigation programs of the various departments in their respective localities and exercising control over the investigation forms devised and issued by the various departments in these localities; (5) checking, examining and approving, controlling, announcing and publishing the basic statistical data of their own localities according to relevant stipulations. The statistical bureaux under the people's governments in the provinces, autonomous regions and municipalities directly under the Central Government shall regularly publish statistical bulletins pertaining to the national economic and social development in their respective localities. The statistical agencies under the people's governments of municipalities and counties shall publish statistical bulletins according to the decisions of the people's governments at the same level; (6) exercising unified control over the groups responsible for sample investigations of the social and economic conditions in the urban and rural areas in the localities; (7) organizing and directing all the departments and units in the localities in strengthening their foundational statistical work, intensifying statistical education, the training of statistical cadres and statistical scientific studies, assessing the performance of the cadres of the statistical agencies under the governments and the statisticians in the townships and towns in their respective localities and meting out awards and penalties.

The statistical agencies under the local people's governments at various levels shall be under the dual leadership of the people's governments at the same levels as well as the statistical agencies under the people's governments at the next higher levels; in terms of statistical work, they shall be subject mainly to the leadership of the statistical agencies under the people's governments at the next higher levels.

Article 22 The statisticians in townships and towns shall be responsible for local comprehensive statistics. Their responsibilities are: (1) accomplishing tasks of national and local statistical investigation, applying national statistical standards, implementing the system of nationally unified forms for basic statistical reporting, and checking and supervising the implementation of statistical laws and regulations; (2) collecting, sorting out, analysing, providing and administering the statistical data of the townships and towns in accordance with relevant stipulations; (3) organizing and directing relevant departments and individuals of the townships and towns in strengthening rural foundational statistical work, amplifying systems of statistical accounting and statistical files in the townships and towns and leading the statistical work in places under their jurisdiction.

The people's governments in the provinces, autonomous regions and municipalities directly under the Central Government or in the municipalities and counties shall post statisticians in townships and towns in accordance with the provisions of the Statistics Law and the needs of statistical work and shall set up and improve networks of statistical information among townships and towns. Vocationally, statisticians in townships and towns and the statistical networks shall be under the leadership of the statistical agencies under the people's governments at the county level.

The statistical work in the administrative hamlets under townships and towns shall be administered by the persons specially appointed by villagers and committees. Vocationally, they shall be under the leadership of townships and towns statisticians.

Article 23 The statistical agencies or the persons responsible for statistical work in the competent departments under the people's governments at various levels shall perform the comprehensive statistical functions in their departments. Their functions and responsibilities shall be: (1) organizing, directing and, in a comprehensive way, coordinating the statistical work of various functional organs in the departments (such as organs of production, supply and marketing, capital construction, labour and personnel, finance, and accounting, etc.), jointly accomplishing the tasks of national, departmental and local statistical investigation and implementing, checking and supervising the implementation of statistical laws and regulations; (2) drafting plans to update the statistical work in the departments, working out the statistical investigation plans and their investigation programs of the departments, organizing and directing the statistical work of enterprises and institutions in the departments or in the systems under their jurisdiction, and intensifying the building of statistical contingents and of the foundation of statistical work; (3) in accordance with relevant stipulations, reporting and providing the basic statistical data of the departments to leading organs and the statistical agencies under the people's governments at the same levels and conducting, in conjunction with planning and other relevant functional organs, statistical analysis, forecast and supervision of the implementation of the policies and plans and the results of management and administration in these departments; (4) administering the statistical investigation forms devised and issued by the basic statistical data of the departments they belong to; (5) organizing and directing, in conjunction with the personnel and educational agencies in the departments they belong to, the statistical education and the training of statistical cadres, assessing the performances of the statistical personnel and meting out awards and penalties, and strengthening the study of statistical science in these departments. The statistical agencies of the competent departments in the people's governments at various levels shall be established according to actual needs and the principle of efficient and simple administration and in the light of the provisions of the Statistics Law.

Article 24 The statistical agencies and the various competent departments under the people's governments at various levels may, in accordance with the needs of their tasks, set up statistical inspection agencies or posts for statistical inspectors provided that no excess staff shall occur. The responsibilities of statistical inspection agencies and statistical inspectors are: (1) checking regularly and thoroughly the implementation of statistical laws and regulations and exposing, informing against or dealing with violations of statistical laws and regulations; (2) meting out penalties for the individuals and units that violate statistical laws and regulations; if crimes are committed, the relevant individuals or units shall be investigated for criminal liability by judicial organs; (3) submitting proposals concerning commendation and awards for those individuals or collectives that meet the requirements of Article 30 of these Rules. Statistical inspection agencies and statistical inspectors shall exercise the authority of statistical inspection within the prescribed limits of responsibility. Statistical inspectors shall be appointed by the statistical agencies under the people's governments at various levels or the various competent departments and be issued with Statistical Inspector's Certificate, which shall be printed by the State Statistical Bureau. When performing their duties, statistical inspectors shall be empowered to send out Inquiries for Statistical Inspection, which shall be answered accurately and promptly by the leaders and the persons in charge in the inspected units. Those who refuse to answer shall be punished according to relevant stipulations.

Article 25 The statistical agencies or persons in charge of statistics in enterprises and institutions shall take charge of the comprehensive statistics in their units. Their functions and responsibilities shall be: (1) organizing, directing and coordinating in a comprehensive way the statistical work of the various functional organs and subordinate agencies in their units, jointly accomplishing the tasks of national, departmental and local statistical investigation, formulating and implementing the statistical plans and systems of their units, implementing, checking and supervising the implementation of statistical laws and regulations; (2) in accordance with relevant stipulations, reporting and providing statistical data to the competent departments, the statistical agencies under the local people's governments and statisticians in townships and towns and conducting statistical analysis and supervision of the implementation of the plans and the results of management and administration in their units; (3) administering the statistical investigation forms and basic statistical data of their units; (4) in conjunction with relevant functional organs, improving systems of measurement and testing, amplifying systems of original records, statistical accounting and bookkeeping. The statistical agencies or persons in charge of statistics in enterprises and institutions shall be directed by the statistical agencies under the local people's governments or townships and towns statisticians in statistical matters. In small and medium-sized enterprises and institutions where there are no full-time statisticians, persons may be appointed to be specially responsible for statistical work.

Article 26 The term of persons in charge of statistics refers to personnel undertaking administrative duties who perform the responsibilities provided for in the Statistics Law on behalf of their departments or units. In general, where there are no statistical agencies, persons qualified to take up professional statistical posts shall be put in charge of statistics.

Article 27 All localities, departments and enterprises and institutions shall establish professional statistical posts according to state stipulations and actual needs.

Article 28 Before any persons holding professional statistical posts are transferred, it shall be necessary to seek the opinions of the statistical agencies or persons in charge of statistics in their respective localities, departments and units. Consent shall be obtained of the statistical agencies at the next higher levels prior to the transfer of any persons holding professional posts above intermediate levels. Consent of the statistical agencies under the people's governments at the next higher levels shall be obtained prior to the transfer of the chief responsible cadres in the statistical agencies under the local people's governments at various levels. Consent shall be obtained of the statistical agencies under the people's governments at county level prior to the transfer of townships and towns statisticians. Consent of the competent departments at the next higher levels and the statistical agencies under the local people's governments shall be obtained prior to the transfer of chief responsible persons of statistics in the various competent departments and enterprises and institutions.

Article 29 The statistical agencies at various levels shall generally recruit statistical personnel from among graduates of colleges, junior colleges and technical secondary schools. If it is necessary to recruit from among senior middle school leavers, the candidates must go through examinations and only those who have done well shall be taken. The statistical agencies in charge shall organize training and examination or assessment of those existing statistical personnel who have not received formal training in statistics and shall report the results to the personnel departments.

Those who are not qualified shall be demoted or removed from professional statistical posts.

When statistical personnel are transferred or removed from office, persons competent for the prescribed responsibilities shall take over and go through relevant procedures for it.

Chapter V Awards and Penalties Article 30 The statistical agencies under the people's governments at various levels, various competent departments and enterprises and institutions shall, in accordance with the stipulations of the State or the enterprises and institutions, make regular assessment and give awards to the statistical personnel or groups of people that fall into any of the following categories: (1) those who have made important contributions to reforming and improving statistical systems and methods; (2) those who have made remarkable achievements in accomplishing prescribed tasks of statistical investigation and ensuring the accuracy and promptness of statistical data; (3) those who have brought forth new ideas and made important achievements in statistical analysis, forecast and supervision; (4) those who have achieved remarkable results in the application and dissemination of modern information technology; (5) those who have made important contributions to improving statistical education and statistical professional training, conducting scientific research in statistics and raising the levels of statistical science; (6) those who have outstanding performances in upholding a practical and realistic style of work, acting within the framework of law and waging unremitting struggles against violations of statistical laws and regulations.

The awards may be rated as follows: issuance of commendatory order, a merit for the record, a special merit for the record, promotion in title or rank, conferment of an honorary title. Prizes and bonuses may also be awarded. The bonus shall be paid from the relevant funds according to the provisions of the State or enterprises and institutions.

Article 31 For any of the following acts, which is not grave enough to constitute a crime, the departments in charge shall, in the light of specific situations, subject the relevant leaders or persons directly responsible to administrative sanctions: (1) making false and deceptive reports pertaining to statistical data; (2) forging or tampering with statistical data; (3) refusing to make reports or repeatedly delaying reports on statistical data; (4) preventing statistical agencies or personnel from exercising their functions provided for in the Statistics Law and these Rules; (5) making and issuing statistical investigation forms without approval, in violation of the relevant provisions in the Statistics Law; (6) making statistical data public without approval before they are checked and approved, in violation of the relevant provisions in the Statistics Law; (7) violating the relevant security provisions in the Statistics Law.

Administrative sanctions may be classified as follows: warning, a demerit for the record, a special demerit for the record, demotion in title or rank, removal from office, probation on job and dismissal.

In serious cases where private businesses that have committed any of the first three illegal acts mentioned above shall, upon approval of the people's governments at or above the country level, be subject to a penalty of suspension of business or revocation of business licence by administrative departments for industry and commerce.

Article 32 If a party concerned refuses to accept the administrative sanction imposed for violating Article 31 of these Rules, it (he) may appeal to the higher authorities.

Article 33 Those who have committed crimes in violating the Statistics Law shall be investigated for criminal responsibility according to law by judicial organs.

Chapter VI Supplementary Provisions Article 34 The State Statistical Bureau shall be responsible for the interpretation of these Rules.

Article 35 These Rules shall go into effect as of the date of promulgation.

ive localities and meting out awards and penalties.

The statistical agencies under the local people's governments at various levels shall be under the dual leadership of the people's governments at the same levels as well as the statistical agencies under the people's governments at the next higher levels; in terms of statistical work, they shall be subject mainly to the leadership of the statistical agencies under the people's governments at the next higher levels.

Article 22 The statisticians in townships and towns shall be responsible for local comprehensive statistics. Their responsibilities are: (1) accomplishing tasks of national and local statistical investigation, applying national statistical standards, implementing the system of nationally unified forms for basic statistical reporting, and checking and supervising the implementation of statistical laws and regulations; (2) collecting, sorting out, analysing, providing and administering the statistical data of the townships and towns in accordance with relevant stipulations; (3) organizing and directing relevant departments and individuals of the townships and towns in strengthening rural foundational statistical work, amplifying systems of statistical accounting and statistical files in the townships and towns and leading the statistical work in places under their jurisdiction.

The people's governments in the provinces, autonomous regions and municipalities directly under the Central Government or in the municipalities and counties shall post statisticians in townships and towns in accordance with the provisions of the Statistics Law and the needs of statistical work and shall set up and improve networks of statistical information among townships and towns. Vocationally, statisticians in townships and towns and the statistical networks shall be under the leadership of the statistical agencies under the people's governments at the county level.

The statistical work in the administrative hamlets under townships and towns shall be administered by the persons specially appointed by villagers and committees. Vocationally, they shall be under the leadership of townships and towns statisticians.

Article 23 The statistical agencies or the persons responsible for statistical work in the competent departments under the people's governments at various levels shall perform the comprehensive statistical functions in their departments. Their functions and responsibilities shall be: (1) organizing, directing and, in a comprehensive way, coordinating the statistical work of various functional organs in the departments (such as organs of production, supply and marketing, capital construction, labour and personnel, finance, and accounting, etc.), jointly accomplishing the tasks of national, departmental and local statistical investigation and implementing, checking and supervising the implementation of statistical laws and regulations; (2) drafting plans to update the statistical work in the departments, working out the statistical investigation plans and their investigation programs of the departments, organizing and directing the statistical work of enterprises and institutions in the departments or in the systems under their jurisdiction, and intensifying the building of statistical contingents and of the foundation of statistical work; (3) in accordance with relevant stipulations, reporting and providing the basic statistical data of the departments to leading organs and the statistical agencies under the people's governments at the same levels and conducting, in conjunction with planning and other relevant functional organs, statistical analysis, forecast and supervision of the implementation of the policies and plans and the results of management and administration in these departments; (4) administering the statistical investigation forms devised and issued by the basic statistical data of the departments they belong to; (5) organizing and directing, in conjunction with the personnel and educational agencies in the departments they belong to, the statistical education and the training of statistical cadres, assessing the performances of the statistical personnel and meting out awards and penalties, and strengthening the study of statistical science in these departments. The statistical agencies of the competent departments in the people's governments at various levels shall be established according to actual needs and the principle of efficient and simple administration and in the light of the provisions of the Statistics Law.

Article 24 The statistical agencies and the various competent departments under the people's governments at various levels may, in accordance with the needs of their tasks, set up statistical inspection agencies or posts for statistical inspectors provided that no excess staff shall occur. The responsibilities of statistical inspection agencies and statistical inspectors are: (1) checking regularly and thoroughly the implementation of statistical laws and regulations and exposing, informing against or dealing with violations of statistical laws and regulations; (2) meting out penalties for the individuals and units that violate statistical laws and regulations; if crimes are committed, the relevant individuals or units shall be investigated for criminal liability by judicial organs; (3) submitting proposals concerning commendation and awards for those individuals or collectives that meet the requirements of Article 30 of these Rules. Statistical inspection agencies and statistical inspectors shall exercise the authority of statistical inspection within the prescribed limits of responsibility. Statistical inspectors shall be appointed by the statistical agencies under the people's governments at various levels or the various competent departments and be issued with Statistical Inspector's Certificate, which shall be printed by the State Statistical Bureau. When performing their duties, statistical inspectors shall be empowered to send out Inquiries for Statistical Inspection, which shall be answered accurately and promptly by the leaders and the persons in charge in the inspected units. Those who refuse to answer shall be punished according to relevant stipulations.

Article 25 The statistical agencies or persons in charge of statistics in enterprises and institutions shall take charge of the comprehensive statistics in their units. Their functions and responsibilities shall be: (1) organizing, directing and coordinating in a comprehensive way the statistical work of the various functional organs and subordinate agencies in their units, jointly accomplishing the tasks of national, departmental and local statistical investigation, formulating and implementing the statistical plans and systems of their units, implementing, checking and supervising the implementation of statistical laws and regulations; (2) in accordance with relevant stipulations, reporting and providing statistical data to the competent departments, the statistical agencies under the local people's governments and statisticians in townships and towns and conducting statistical analysis and supervision of the implementation of the plans and the results of management and administration in their units; (3) administering the statistical investigation forms and basic statistical data of their units; (4) in conjunction with relevant functional organs, improving systems of measurement and testing, amplifying systems of original records, statistical accounting and bookkeeping. The statistical agencies or persons in charge of statistics in enterprises and institutions shall be directed by the statistical agencies under the local people's governments or townships and towns statisticians in statistical matters. In small and medium-sized enterprises and institutions where there are no full-time statisticians, persons may be appointed to be specially responsible for statistical work.

Article 26 The term of persons in charge of statistics refers to personnel undertaking administrative duties who perform the responsibilities provided for in the Statistics Law on behalf of their departments or units. In general, where there are no statistical agencies, persons qualified to take up professional statistical posts shall be put in charge of statistics.

Article 27 All localities, departments and enterprises and institutions shall establish professional statistical posts according to state stipulations and actual needs.

Article 28 Before any persons holding professional statistical posts are transferred, it shall be necessary to seek the opinions of the statistical agencies or persons in charge of statistics in their respective localities, departments and units. Consent shall be obtained of the statistical agencies at the next higher levels prior to the transfer of any persons holding professional posts above intermediate levels. Consent of the statistical agencies under the people's governments at the next higher levels shall be obtained prior to the transfer of the chief responsible cadres in the statistical agencies under the local people's governments at various levels. Consent shall be obtained of the statistical agencies under the people's governments at county level prior to the transfer of townships and towns statisticians. Consent of the competent departments at the next higher levels and the statistical agencies under the local people's governments shall be obtained prior to the transfer of chief responsible persons of statistics in the various competent departments and enterprises and institutions.

Article 29 The statistical agencies at various levels shall generally recruit statistical personnel from among graduates of colleges, junior colleges and technical secondary schools. If it is necessary to recruit from among senior middle school leavers, the candidates must go through examinations and only those who have done well shall be taken. The statistical agencies in charge shall organize training and examination or assessment of those existing statistical personnel who have not received formal training in statistics and shall report the results to the personnel departments.

Those who are not qualified shall be demoted or removed from professional statistical posts.

When statistical personnel are transferred or removed from office, persons competent for the prescribed responsibilities shall take over and go through relevant procedures for it.

Chapter V Awards and Penalties Article 30 The statistical agencies under the people's governments at various levels, various competent departments and enterprises and institutions shall, in accordance with the stipulations of the State or the enterprises and institutions, make regular assessment and give awards to the statistical personnel or groups of people that fall into any of the following categories: (1) those who have made important contributions to reforming and improving statistical systems and methods; (2) those who have made remarkable achievements in accomplishing prescribed tasks of statistical investigation and ensuring the accuracy and promptness of statistical data; (3) those who have brought forth new ideas and made important achievements in statistical analysis, forecast and supervision; (4) those who have achieved remarkable results in the application and dissemination of modern information technology; (5) those who have made important contributions to improving statistical education and statistical professional training, conducting scientific research in statistics and raising the levels of statistical science; (6) those who have outstanding performances in upholding a practical and realistic style of work, acting within the framework of law and waging unremitting struggles against violations of statistical laws and regulations.

The awards may be rated as follows: issuance of commendatory order, a merit for the record, a special merit for the record, promotion in title or rank, conferment of an honorary title. Prizes and bonuses may also be awarded. The bonus shall be paid from the relevant funds according to the provisions of the State or enterprises and institutions.

Article 31 For any of the following acts, which is not grave enough to constitute a crime, the departments in charge shall, in the light of specific situations, subject the relevant leaders or persons directly responsible to administrative sanctions: (1) making false and deceptive reports pertaining to statistical data; (2) forging or tampering with statistical data; (3) refusing to make reports or repeatedly delaying reports on statistical data; (4) preventing statistical agencies or personnel from exercising their functions provided for in the Statistics Law and these Rules; (5) making and issuing statistical investigation forms without approval, in violation of the relevant provisions in the Statistics Law; (6) making statistical data public without approval before they are checked and approved, in violation of the relevant provisions in the Statistics Law; (7) violating the relevant security provisions in the Statistics Law.

Administrative sanctions may be classified as follows: warning, a demerit for the record, a special demerit for the record, demotion in title or rank, removal from office, probation on job and dismissal.

In serious cases where private businesses that have committed any of the first three illegal acts mentioned above shall, upon approval of the people's governments at or above the country level, be subject to a penalty of suspension of business or revocation of business licence by administrative departments for industry and commerce.

Article 32 If a party concerned refuses to accept the administrative sanction imposed for violating Article 31 of these Rules, it (he) may appeal to the higher authorities.

Article 33 Those who have committed crimes in violating the Statistics Law shall be investigated for criminal responsibility according to law by judicial organs.

Chapter VI Supplementary Provisions Article 34 The State Statistical Bureau shall be responsible for the interpretation of these Rules.

Article 35 These Rules shall go into effect as of the date of promulgation.