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中华人民共和国统计法(修正)(二)

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Article 24 Statistical personnel should persist in seeking truth from facts, stick to professional ethics and possess the professional knowledge necessary for carrying out statistical tasks. Statistical organs should provide professional training and organize professional studies for statistical personnel.

Article 25 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 26 Where a leading member of locality, department or unit revises or falsifies statistical data by himself, or forces or incites a statistical organ or statistical personnel to tamper with or falsify statistical data, he shall be imposed upon disciplinary sanction according to law and criticized through a circular by the statistical organ of a people's government at or above the county level.

Where a leading member of locality, department or unit retaliates against statistical personnel who refuses or resists to tamper with or falsify statistical data, he shall be imposed upon disciplinary sanction according to law; if a crime has been constituted, criminal responsibility shall be investigated.

Where statistical personnel involves himself in tampering with or falsifying statistical data, the statistical organ of a people's government at or above the county level shall issue a circular to criticize him and impose upon him disciplinary sanction according to law, or propose to the competent department for imposition of disciplinary sanction according to law.

Article 27 Where an object of statistical investigation commits any of the following illegal acts, the statistical organ of a people's government at or above the county level shall order it to make correction and issue a circular to criticize it; if the circumstances are rather serious, disciplinary sanctions may be according to law imposed upon the person in charge directly responsible and other person directly responsible.

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

(2) falsifying or tampering with statistical data; or

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

Where an enterprise, institution, or self-employed industrialist or businessman who commits any of the illegal acts mentioned in the preceding paragraph, the people's government at or above the county level shall give a warning and may concurrently impose a fine. A fine may not be imposed concurrently, however, if the same offender has been fined for the same illegal act under other provisions of law.

Article 28 Where anyone, in violation of the provisions of this Law, tampers with or falsifies statistical data, thereby being conferred upon a honourable title, or given a material reward, or promoted, the department making relevant decisions or its higher department or the department of administrative supervision shall deprive him of his honourable title, recover the material reward or remove him from the office to which he was promoted.

Article 29 Where anyone makes use of statistical investigations to steal state secrets, or violates the provisions of this Law for the protection of secrets, he shall be punished according to provisions of relevant laws.

Where anyone makes use of statistical investigations to infringe upon social and public interests or to practise fraud, the statistical organ of a people's government at or above the county level shall order him to make correction, confiscate the illegal gains, and may concurrently impose a fine; if a crime has been constituted, criminal responsibility shall be investigated according to law.

Article 30 Where any statistical organ or personnel, in violation of the provisions of this Law, divulges single item investigation data concerning any private individual or his family, or business secrets of objects of statistical investigation, if loss or damage has been resulted in, it or he shall bear civil responsibility according to law, and the person in charge directly responsible and other person directly responsible shall be imposed upon disciplinary sanctions according to law.

Article 31 Where a state organ, in violation of the provisions of this Law, draws up and issues statistical investigation forms without examination or filing, the statistical organ of a people's government at or above the county level shall order it to make correction and issue a circular to criticize it.

Chapter VI Supplementary Provisions

Article 32 The State Council shall formulate measures for the administration of non governmental statistical investigations.

In case of statistical investigations made within the territory of the People's Republic of China by organizations and individuals from aboard, prior approval shall be obtained according to the provisions of law. The State Council shall formulate specific measures therefor.

Article 33 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 34 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.

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

(Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996 and promulgated by Order No. 65 of the President of the People's Republic of China on the same date)

The 19th Meeting of the Standing Committee of the Eighth National People's Congress has decided to revise the Statistics Law of the People's Republic of China as follows:

1. Article 2 is amended as: “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.”

2. The first paragraph of Article 3 is amended as: “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.”

3. Article 5 is amended as two paragraphs: “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.”

4. Add a new paragraph to Article 6, which is the second paragraph: “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.”

5. The second paragraph of Article 6 is changed into the first paragraph of Article 7 and two new paragraphs are added thereto, which are the second and third paragraphs of Article 7 respectively: “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, departments and units may not retaliate against statistical personnel who refuses or resists to tamper with or falsify statistical data.”

6. Article 9 is changed into Article 10 and three new paragraphs added thereto as the first, third and fourth paragraphs respectively:

The first paragraph reads: “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.”

The third and fourth paragraphs read: “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 surveys chem.

“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.”

7. Article 11 is changed into Article 12 and amended as: “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.”

Add a new paragraph as the second paragraph: “It is prohibited to make use of statistical investigations to steal state secrets, infringe upon social and public interests or practise fraud.”

8. Article 13 is changed into Article 14 and a new paragraph added thereto as the third paragraph, which reads: “State statistical data shall be determined according to those as published by the State Statistical Bureau.”

9. Article 14 is changed into Article 15 and a new paragraph added thereto as the second paragraph, which reads: “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.”

10. Article 18 is changed into Article 19 and a new paragraph added thereto as the third paragraph, which reads: “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.”

11. Article 19 is changed into Article 20 and Item (3) thereof amended as: “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.”

Add a new paragraph thereto as the second paragraph, which reads: “The Statistical Bureau shall handle state statistical information automation systems and statistical database systems.”

12. Article 22 is changed into Article 23 and amended as: “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.”

Add a new paragraph as the second paragraph: “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.”

13. Article 23 is changed into Article 24 and amended as: “Statistical personnel should persist in seeking truth from facts, stick to professional ethics and possess the professional knowledge necessary for carrying out statistical tasks. Statistical organs should provide professional training and organize professional studies for statistical personnel.” 14. Before Article 25 a new paragraph is added as Article 26, which reads: “Where a leading member of locality,

14. Before Article 25 a new paragraph is added as Article 26, which reads: “Where a leading member of locality, department or unit revises or falsifies statistical data by himself, or forces or incites a statistical organ or statistical personnel to tamper with or falsify statistical data, he shall be imposed upon disciplinary sanction according to law and criticized through a circular by the statistical organ of a people's government at or above the county level.

“Where a leading member of locality, department or unit retaliates against statistical personnel who refuses or resists to tamper with or falsify statistical data, he shall be imposed upon disciplinary sanction according to law; if a crime has been constituted, criminal responsibility shall be investigated.

“Where statistical personnel involves himself in tampering with or falsifying statistical data, the statistical organ of a people's government at or above the county level shall issue a circular to criticize him and impose upon him disciplinary sanction according to law, or propose to the competent department for imposition of disciplinary sanction according to law.”

15. Article 25 is changed into Article 27 and amended as: “Where an object of statistical investigation commits any of the following illegal acts, the statistical organ of a people's government at or above the county level shall order it to make correction and issue a circular to criticize it; if the circumstances are rather serious, disciplinary sanctions may be according to law imposed upon the person in charge directly responsible and other person directly responsible.

“(1) making false entries in statistical data or concealing statistical data;

“(2) falsifying or tampering with statistical data; or

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

“Where an enterprise, institution, or self-employed industrialist or businessman who commits any of the illegal acts mentioned in the preceding paragraph, the people's government at or above the county level shall give a warning and may concurrently impose a fine. A fine may not be imposed concurrently, however, if the same offender has been fined for the same illegal act under other provisions of law.”

16. Delete Article 26, then add five new articles as Articles 28, 29, 30, 31 and 32 respectively:

(1) “Article 28 Where anyone, in violation of the provisions of this Law, tampers with or falsifies statistical data, thereby being conferred upon a honourable title, or given a material reward, or promoted, the department making relevant decisions or its higher department or the department of administrative supervision shall deprive him of his honourable title, recover the material reward or remove him from the office to which he was promoted.”

(2) “Article 29 Where anyone makes use of statistical investigations to steal state secrets, or violates the provisions of this Law for the protection of secrets, he shall be punished according to provisions of relevant laws.

“Where anyone makes use of statistical investigations to infringe upon social and public interests or to practise fraud, the statistical organ of a people's government at or above the county level shall order him to make correction, confiscate the illegal gains, and may concurrently impose a fine; if a crime has been constituted, criminal responsibility shall be investigated according to law.”

(3) “Article 30 Where any statistical organ or personnel, in violation of the provisions of this Law, divulges single item investigation data concerning any private individual or his family, or business secrets of objects of statistical investigation, if loss or damage has been resulted in, it or he shall bear civil responsibility according to law, and the person in charge directly responsible and other person directly responsible shall be imposed upon disciplinary sanctions according to law.”

(4) “Article 31 Where a state organ, in violation of the provisions of this Law, draws up and issues statistical investigation forms without examination or filing, the statistical organ of a people's government at or above the county level shall order it to make correction and issue a circular to criticize it.”

(5) “Article 32 The State Council shall formulate measures for the administration of non governmental statistical investigations.

“In case of statistical investigations made within the territory of the People's Republic of China by organizations and individuals from aboard, prior approval shall be obtained according to the provisions of law. The State Council shall formulate specific measures therefor.”

17. This Decision comes into force on the date of promulgation. If the provisions in relevant administrative regulations and local regulations and rules, which were formulated according to the Statistical Law of the People's Republic of China prior to the implementation of this Decision, conflict with this Decision, this Decision shall prevail.

In addition, part articles shall be correspondingly adjusted and amended in wording according to this Decision.

The Statistical Law of the People's Republic of China shall be republished after being correspondingly revised according to this Decision.

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