Regulation on the Implementation of the Statistics Law of the People's Republic of China (2017)

Regulation on the Implementation of the Statistics Law of the People's Republic of China (2017) Order of the State Council (No. 681) The Regulation on the Implementation of the Statistics Law of the People's Republic of China , as adopted at the 168th executive meeting of the State Council on April 12, 2017, is hereby issued and shall come into force on August 1, 2017. Premier: Li Keqiang May 28, 2017 Regulation on the Implementation of the Statistics Law of the People's Republic of China Chapter I General Provisions Article 1 This Regulation is developed in accordance with the Statistics Law of the People's Republic of China (hereinafter referred to as the “ Statistics Law ”). Article 2 Where statistical data can be obtained through administrative records, no investigation shall be organized or implemented. Where sampling investigations andmajor investigations can meet the statistical needs, no comprehensive investigations shall be organized or implemented. Article 3 The statistics institutions and relevant departments of the local people's governments at or above the county level shall strengthen the research on statistical laws, improve the statistics on emerging industries, among others, improve the economic, social, science and technology, resource and environmental statistics, and promote the application of the Internet, big data, cloud computing and other modern information technologies to statistical work, so as to meet the needs of economic and social development. Article 4 The local people's governments and the statistics institutions and relevant departments of the people's governments at or above the county level shall, in accordance with the relevant provisions of the state, clarify the parties responsible for preventing and punishing statistical fraud and falsification, and strictly implement the provisions of the Statistics Law and this Regulation. The local people's governments and the statistics institutions and relevant departments of the people's governments at or above the county level and their persons in charge shall guarantee the statistical activitiesare carried out in accordance with the law, and may not infringe upon statistics institutions and statisticians' independent exercise of their functions and powers with regard to statistical investigations, statistical reports and statistical supervision, illegally interfere with the provision of statistics data by statistical investigation objects, or practice statistical fraud or falsification. Statistical investigation objects shall, in accordance with the Statistics Law and the relevant provisions of the state, provide truthful, accurate and complete statistics data, refuse and resist falsification and other violations of law. Article 5 The statistics institutions and relevant departments of the people's governments at or above the county level shall not organize or implement for-profit statistical investigations. The state shall promote in a planned way the statistics institutions and relevant departments of the people's governments at or above the county level to organize and implement statistical investigations and data development through purchase of services from the public. Chapter II Statistical Investigation Projects Article 6 The main contents of departmental statistical investigation projects and local statistical investigation projects shall not overlap or conflict withstate statistical investigation projects. Article 7 The designing institutions of statistical investigation projects (hereinafter referred to as “designing institutions”) shall demonstrate whether investigation projects are necessary, feasible and scientific, solicit the opinions of the relevant localities, departments, statistical investigation objects and experts, and make decisionsthroughcollectivedeliberation according to the meeting system. The pilot programs on important statistical investigation projects shall be conducted. Article 8 The designing institutions that apply for the approval of statistical investigation projects shall submit to the approval authorities the application forms for the approval of statistical investigation projects, statistical investigation rulesfor projects, and the explanations on the sources of working expenses in the form of official documents. Where application materials are incomplete or fail to conform to the statutory forms, the approval authorities shallinform the applicants of all required supplements and corrections at one time, and the designing institutions shall make supplements and corrections in accordance with the requirements of the approval authorities. Where application materials are complete and conform to the statutory forms, the approval authorities shallaccept the applications. Article 9 Where a statistical investigation project meets the following conditions, the approval authority shall make a decision of approval in writing: (1) It has a statutory basis or is truthfully necessary for public administration and services. (2) It does not overlap or conflict with the main contents of any statistical investigation project that has been granted approval or recordation. (3) The main statistical indicators cannot be obtained through the processing and sorting of administrative records or existing statistical investigation data. (4) The statistical investigation rules comply with statistical laws and regulations, and are scientific, reasonable and feasible. (5) The statistical standards adopted comply with the relevant provisions of the state. (6) The designing institution has the project implementation capacity. If a statistical investigation project fails to meet the conditions as prescribed in the preceding paragraph, the approval authority shall offer amendment opinions to the designing institution; and if the statistical investigation project still fails to meet the conditions as prescribed by the preceding paragraph after being amended, the approval authority shall make a decision of disapproval in writing and explain the reasons therefor. Article 10 Where a statistical investigation project involves the functions of other departments, the approval authority shall, before making a decision of approval or disapproval, solicit the opinions of the relevant departments. Article 11 An approval authority shall make a decision within 20 days of acceptance of an application for the approval of a statistical investigation project. If it cannot make a decision within 20 days, the time limit may be extended by ten days upon approval by the person in charge of the approval authority, and the reasons for extending the time limit for approval shall be notified to the designing institution. The time required by the designing institution for amending the statistical investigation project shall not be calculated into the time limit for approval. Article 12 Where a designing institution applies for the recordation of a statistical investigation project, it shall submit to the recordation authority the application form for the recordation of the statistical investigation project and statistical investigation rules for the project in the form of an official document. Where a statistical investigation object in a statistical investigation project is under the jurisdiction of the designing institution, and the main contents do not overlap or conflict with the statistical investigation project that has been granted approval or recordation, the recordation authority shall grant the recordation number in accordance with the law. Article 13 Where a statistical investigation project is granted approval or recordation, the approval authority or recordation authority shall issue the main contents of the statistical investigation project and its statistical investigation rules in a timely manner, except that the statistical investigation project involves any state secret. Article 14 Where a statistical investigation project falls under any of the following circumstances, the approval authority or recordation authority shall simply the approval or recordation procedures, and shorten the time limit thereof: (1) Statistical investigation needs to be implemented promptly in case of any emergency. (2) The contents of the statistical investigation rules remain unchanged, and the period of validity of the statistical investigation project needs to be extended upon expiration. Article 15 Thestate statistical standards as prescribed in paragraph 2 of Article 17 of the Statistics Law are mandatory standards. Thestatistical investigation activities implemented by the people's governments at all levels and the statistics institutions and relevant departments of the people's governments at or above the county level shall comply with the state statistical standards. To develop the state statistical standards, the opinions of the relevant departments of the State Council shall be solicited. Chapter III Organization and Implementation of Statistical Investigations Article 16 Statistics institutions and statisticiansthat organize or carry out statistical investigationsshall make explanations to statistical investigation objects in terms of the statutory obligation of the statistical investigation objects of providing statistical data, definitions of main indicators and the relevant requiremen......