Implementing Regulations of the Statistics Law of the People's Republic of China

Implementing Regulations of the Statistics Law of the People's Republic of China
Implementing Regulations of the Statistics Law of the People's Republic of China

Order of the State Council of the People's Republic of China No.681

May 28, 2017

The Implementing Regulations of the Statistics Law of the People's Republic of China, which were adopted at the 168th executive meeting of the State Council on April 12, 2017, are hereby promulgated and shall come into force as of August 1, 2017.

Li Keqiang, Premier

Implementing Regulations of the Statistics Law of the People's Republic of China

Chapter I General Provisions

Article 1 The Implementing Regulations of the Statistics Law of the People's Republic of China (hereinafter referred to as the "Regulations") are formulated in accordance with the Statistics Law of the People's Republic of China (hereinafter referred to as the "Statistics Law").

Article 2 No investigation shall be organized or implemented, as long as the statistics can be acquired through access to administrative records. Where statistical needs can be met via sample surveys and major surveys, no overall investigation shall be organized or implemented.

Article 3 Statistical agencies and the relevant departments of people's governments at or above the county level shall strengthen the research on statistical regularity, improve the statistics on emerging industries, perfect economic, social, scientific and technological, resource and environmental statistics and promote the application of modern information technology such as the internet, big data and cloud computing in statistical work, so as to meet the needs of economic and social development.

Article 4 Local people's governments and statistical agencies and the relevant departments of people's governments at or above the county level shall, in accordance with the relevant provisions of the State, define the subjects of the respective entities that are primarily responsible for preventing and punishing statistical fraud and falsification and shall strictly enforce the Statistics Law and the Regulations.
Local people's governments and statistical agencies and the relevant departments of people's governments at or above the county level as well as the principals thereof shall ensure that statistical activities are carried out in accordance with the law, and shall not infringe upon the functions and powers to be exercised independently by statistical agencies and personnel such as statistical investigation, statistical reporting and statistical supervision, illegally interfere with the provision of statistics by objects under statistical investigation, or carry out statistical fraud or falsification.
Objects under statistical investigation shall, in accordance with the Statistics Law and the relevant provisions of the State, provide statistics in an authentic, accurate, complete and timely manner, and refuse and reject falsification and other illegal activities.

Article 5 Statistical agencies and the relevant departments of people's governments at or above the county level shall not organize or implement profit-making statistical investigations.
The State promotes in a planned way statistical investigations and data development that are organized and implemented by statistical agencies and the relevant departments of people's governments at or above the county level via purchase of services from society.

Chapter II Statistical Investigation Projects

Article 6 The main content of departmental and local statistical investigation projects shall not overlap or contradict that of national statistical investigation projects.

Article 7 Organs conducting statistical investigation projects (hereinafter referred to as the "project conductors") shall hold a demonstration of the necessity, feasibility and scientific nature of the items, and solicit comments from the relevant localities, departments, objects under statistical investigation and experts, and such items shall be subject to decisions by project conductors upon collective discussion in accordance with the meeting system.
Important statistical investigation projects shall be carried out on a pilot basis.

Article 8 When applying for examining and approving a statistical investigation project, a project conductor shall submit an application form for the examination and approval of the statistical investigation project, the statistical investigation system of the project and the statement of the funding source for the work to the examination and approval organ in the form of official documents.
Where the application materials are not complete or do not conform to the statutory form, the examination and approval organ shall inform the project conductor of the entire content that is required to be supplemented or corrected at one stroke, and the project conductor shall make supplements or corrections in accordance with the requirements of the examination and approval organ.
If the application materials are complete and conform to the statutory form, the examination and approval organ shall accept the application.

Article 9 Where a statistical investigation project meets the following conditions, the examination and approval organ shall make a written approval decision:
1. the project has a statutory basis or is necessary for public administration and services;
2. the content of the project does not overlap or contradict the main content of an approved or recorded statistical investigation project;
3. the main statistical indicators of the project cannot be obtained through access to administrative records or the processing of existing statistical investigation data;
4. the statistical investigation system is scientific, reasonable and feasible, and conforms to the laws and regulations on statistics;
5. the statistical standards adopted for the project are in line with the relevant provisions of the State; and
6. the project conductor has the ability to implement the project.
If the project does not meet the conditions prescribed in the preceding paragraph, the examination and approval organ shall give amendment opinions to the project conductor; if after amendment, the project still does not meet such conditions, the examination and approval organ shall make a written disapproval decision, with reasons explained.

Article 10 Where the statistical investigation project involves the duties of other departments, the examination and approval organ shall, before making an approval decision, seek the opinions of the relevant departments.

Article 11 The examination and approval organ shall make a decision within 20 days after accepting an application for the examination and approval of a statistical investigation project.
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