中华人民共和国统计法实施细则(二)
(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