Statistics Law of the People’s Republic of China — Full English Translation (2009 Revision)

Chapter I — General Provisions

Article 1. This Law is enacted for the purpose of organizing statistical work in a scientific and effective manner, ensuring the authenticity, accuracy, completeness, and timeliness of statistical data, bringing into full play the important role of statistics in comprehending the actual condition and strength of the State and in guiding national economic and social development, and promoting the smooth progress of the socialist modernization undertaking.

Article 2. This Law shall apply to statistical activities undertaken by people’s governments at all levels, statistical institutions of people’s governments at or above the county level, and relevant departments in organizing and conducting statistical surveys, as well as to the collection and compilation of statistical data.

The fundamental task of statistical work is to conduct statistical surveys and analyses of economic and social development, to provide statistical data and advisory opinions, and to exercise statistical supervision.

Article 3. State organs, enterprises, public institutions, and other organizations as well as self-employed industrial and commercial households and individuals shall, in accordance with the provisions of this Law and relevant State regulations, provide truthful, accurate, complete, and timely data and materials required for statistical surveys. No entity or individual may falsify or tamper with statistical data, and no entity or individual may compel or induce others to falsify or tamper with statistical data.

Article 4. The State shall establish a centralized and unified statistical system, implementing a statistical management structure featuring unified leadership and decentralized administration at different levels.

The State shall establish a unified national statistical indicator system, and the statistical survey methods and statistical coding systems of the State shall be standardized.

Article 5. The State shall strengthen scientific research on statistics and shall improve a scientific national economic accounting system and a statistical data quality system.

The State shall, in a planned manner, improve statistical information technology and advance the modernization of statistical collection, processing, transmission, sharing, storage technology, and the statistical database system.

Article 6. Statistical institutions and statisticians shall exercise their functions independently in accordance with the provisions of this Law and shall not be subject to unlawful interference.

No entity or individual may, for any purpose, retaliate against, or otherwise subject to discriminatory treatment, statistical personnel who perform their duties in accordance with the law or who refuse or oppose statistical fraud.

Article 7. Leading persons of localities, departments, and entities shall not:

(1) alter statistical data on their own;

(2) compel or induce statistical institutions, statisticians, or any other institution or personnel to falsify or tamper with statistical data; or

(3) retaliate against statisticians who perform their duties in accordance with the law or who refuse or oppose statistical fraud.

Leading persons of localities, departments, and entities shall supervise and inspect the statistical work of their respective localities, departments, or entities, and shall not retaliate against statisticians for data produced in accordance with the law.

Article 8. Statistical work shall be subject to public supervision. Any entity or individual shall have the right to report or make an accusation regarding statistical fraud or other unlawful acts in statistical work. The relevant authorities shall, in accordance with the law, investigate and handle any reported or accused matter and keep the information confidential.

Article 9. Statistical institutions and statisticians shall keep confidential any State secrets learned or accessed in the course of statistical work.

Statistical institutions and statisticians shall keep confidential any trade secrets, personal information, and other information obtained in the course of statistical work that they are duty-bound to keep confidential according to law.

Article 10. No entity or individual may use any statistical data that is not made public in accordance with law for any purpose.

Statistical institutions and statisticians shall not disclose, provide, or reveal trade secrets, personal information, or other information learned in the course of statistical work that has not been made public, except where such disclosure is required by law.

Chapter II — Administration of Statistical Surveys

Article 11. Statistical survey projects shall include national statistical survey projects, departmental statistical survey projects, and local statistical survey projects.

National statistical survey projects refer to statistical survey projects concerning the fundamental condition of the nation. Departmental statistical survey projects refer to specialized statistical survey projects of the relevant departments of the State Council. Local statistical survey projects refer to statistical survey projects of the people’s governments at or above the county level and of the relevant departments thereof.

National statistical survey projects, departmental statistical survey projects, and local statistical survey projects shall be clearly defined and appropriately coordinated with each other and shall not duplicate one another.

Article 12. National statistical survey projects shall be formulated by the National Bureau of Statistics or by the National Bureau of Statistics jointly with relevant departments of the State Council, and shall be submitted to the State Council for filing; where a major national statistical survey project is concerned, it shall be submitted to the State Council for examination and approval.

Departmental statistical survey projects shall be formulated by relevant departments of the State Council. Where the survey subjects are within the jurisdiction of the competent department, the project shall be submitted to the National Bureau of Statistics for filing; where the survey subjects extend beyond the jurisdiction of the competent department, the project shall be submitted to the National Bureau of Statistics for examination and approval.

Local statistical survey projects shall be formulated by statistical institutions of the people’s governments at or above the county level and relevant departments thereof. The formulation of local statistical survey projects by statistical institutions of people’s governments at or above the county level shall be submitted to statistical institutions of people’s governments at the next higher level for examination and approval. The formulation of local statistical survey projects by relevant departments of people’s governments at or above the county level shall be submitted to statistical institutions of the people’s governments at the corresponding level for examination and approval.

Article 13. Statistical survey projects shall be accompanied by the organ formulating the project, the purpose of the survey, the scope of the survey, the survey methodology, the survey targets, the survey questionnaire, the sources of survey data, and the limits of the data made available from the survey.

Statistical survey projects submitted for examination and approval or for filing shall be accompanied by the organ formulating the project, the purpose of the survey, the scope of the survey, the survey methodology, the survey targets, the survey questionnaire, and the limits of data made available from the survey. They shall also be accompanied by the documents of approval or filing.

Article 14. Statistical surveys shall be conducted in accordance with an approved plan and a unified approach. Alteration of the content of statistical survey projects shall be submitted for examination and approval or for filing anew.

Where a statistical survey project has been approved, a mark shall be clearly indicated in the upper right corner of the survey questionnaire, consisting of the statutory identifier, the number of the approval or filing document of the survey project, and the period of validity.

Survey questionnaires that do not bear the mark referred to in the preceding paragraph, or that have exceeded the period of validity, shall be deemed as statistical questionnaires not lawfully approved. Statistical survey targets shall have the right to refuse to complete such questionnaires.

Article 15. Statistical survey forms shall prominently display the name of the approving or filing authority and the approval or filing reference number.

Major national surveys of national conditions and national strength shall be proposed by the State Council and shall be organized and conducted by the National Bureau of Statistics jointly with relevant departments of the State Council. Periodic surveys shall be organized and conducted by the National Bureau of Statistics or by the relevant departments of the State Council.

Article 16. The State shall formulate unified statistical standards to ensure the standardization of the meaning, calculation method, classification catalogue, survey form, and coding of statistical indicators.

Where a State-prescribed statistical standard exists, it shall apply; where no such standard exists, the relevant department of the State Council may formulate a supplementary departmental statistical standard, which shall be submitted to the National Bureau of Statistics for examination and approval. The departmental statistical standard shall not conflict with the State statistical standard.

Article 17. Statistical surveys shall be conducted primarily through periodic sample surveys. Where necessary, comprehensive censuses, comprehensive statistical statement reporting, and key surveys may also be conducted.

Periodic sample surveys shall be conducted on the basis of national statistical survey projects in a scientific manner, ensuring that the sampling is rational and representative and that the inference is reliable.

Article 18. Statistical data may be collected through administrative records or other means, provided that administrative record data can satisfy the statistical needs.

Where administrative records are utilized for statistical purposes, the authenticity, accuracy, and completeness of the data shall be verified.

Article 19. The State shall establish a basic entity directory database for statistical survey purposes. The establishment of the directory database shall comply with State regulations. Relevant authorities shall provide the statistical institutions with the materials necessary for the establishment of the directory database in a timely manner.

Chapter III — Administration and Publication of Statistical Data

Article 20. Statistical data shall be subject to unified administration by statistical institutions of the people’s governments at or above the county level or by the statistical offices of township or town people’s governments, and shall be managed through a hierarchical system.

The State shall establish a statistical data sharing system. Statistical institutions of people’s governments at or above the county level and relevant departments shall share statistical data in a timely manner to relevant departments in accordance with State regulations.

Article 21. State organs, enterprises, public institutions, and other organizations and other statistical survey targets shall, in accordance with relevant State regulations, establish and maintain archives of original records and statistical ledgers, and shall establish and improve systems for the signing, submission, filing, review, inquiry, handover, and safekeeping of statistical data.

Article 22. Relevant statistical institutions and statisticians shall examine and verify the source data and relevant materials submitted by statistical survey targets. Where any doubt exists, statistical institutions and statisticians may question the statistical survey targets, who shall provide truthful explanations.

Article 23. Statistical data of national economic and social development shall be released by the National Bureau of Statistics in a unified manner or shall be released by the National Bureau of Statistics jointly with relevant State authorities. Regional statistical data concerning national economic and social development shall be released by statistical institutions of people’s governments at or above the county level.

No other entity or individual may release such data without authorization.

Article 24. State secrets learned or accessed in the course of statistical work shall be kept confidential in accordance with the law. Statistical data involving trade secrets or personal information shall not be disclosed.

Article 25. Statistical data made public by statistical institutions and relevant authorities shall be subject to explanation, and explanation services shall be provided to the public.

Article 26. The quality of statistical data shall be subject to regular monitoring and evaluation by statistical institutions of the people’s governments at or above the county level in accordance with State regulations, and problems discovered shall be promptly addressed.

Article 27. No entity or individual may disseminate false statistical data. Media and other entities that use or disseminate statistical data shall ensure the completeness and accuracy of such data.

Chapter IV — Statistical Institutions and Statisticians

Article 28. The State Council shall establish the National Bureau of Statistics, which shall be responsible, in accordance with the law, for organizing, leading, and coordinating national statistical work.

People’s governments at or above the county level shall establish independent statistical institutions. Township or town people’s governments shall establish statistical posts and shall be staffed with full-time or part-time statisticians, who shall be responsible for statistical work in accordance with the law.

Article 29. Statistical institutions of people’s governments at or above the county level shall perform the following principal functions:

(1) to organize and complete national, departmental, and local statistical survey tasks in accordance with the law, and to implement national statistical standards and national unified basic statistical statement systems;

(2) to formulate implementation plans for statistical work within their respective administrative regions, to provide guidance and coordination, to conduct statistical surveys, to collect statistical data, and to organize national economic accounting;

(3) to manage local statistical survey projects formulated by relevant departments within their respective administrative regions in accordance with the law; and to examine, approve, or file for record statistical survey projects formulated by relevant departments;

(4) to administer and publish statistical data on national economic and social development within their respective administrative regions in accordance with State regulations; and to issue statistical data publications;

(5) to organize and provide guidance on statistical education and training, as well as on statistical research and scientific work within their respective administrative regions;

(6) to provide statistical analysis, statistical consultation, and statistical supervision services;

(7) to supervise and inspect statistical laws, regulations, and statistical systems within their respective administrative regions;

(8) other functions prescribed by laws and regulations.

Article 30. Statisticians shall possess professional knowledge appropriate to the statistical work in which they are engaged.

Relevant departments of people’s governments at or above the county level shall, in accordance with State regulations, be staffed with statisticians. Statistical personnel shall maintain relative stability.

Article 31. Statisticians shall have the right to:

(1) require relevant entities and individuals to provide truthful data and materials needed for statistical work in accordance with State regulations;

(2) inspect documents, accounts, vouchers, and other materials related to statistical data; and question any doubtful data;

(3) refuse to fabricate or falsify statistical data, or to compel or induce others to do so; and

(4) study statistical theory, improve professional competence, and participate in professional training.

Article 32. Statisticians shall:

(1) be loyal to their duties, observe professional ethics, and truthfully collect and submit statistical data;

(2) adhere to the principle of seeking truth from facts, and abide by professional ethics in statistical work;

(3) possess the professional knowledge and skills necessary for performing their duties; and

(4) keep confidential State secrets and information relating to trade secrets and personal information acquired in the course of statistical work.

Article 33. The State shall implement a professional technical qualification examination and evaluation system for statisticians to improve the professional competence of statistical personnel and ensure the stability of the statistical workforce.

Article 34. Statistical institutions of people’s governments at or above the county level and relevant departments shall strengthen the construction of a professional statistical workforce and carry out professional training and continuing education for statisticians in a planned manner.

Chapter V — Supervision and Inspection

Article 35. Statistical institutions of people’s governments at or above the county level shall, in accordance with the law, investigate and handle statistical violations and shall supervise and inspect the implementation of this Law.

Article 36. Statistical institutions of people’s governments at or above the county level, when performing their duties of supervision and inspection, shall have the authority to:

(1) send personnel to the relevant entities or individuals to carry out inspections;

(2) review and duplicate the original statistical records, statistical ledgers, statistical statements, and other relevant data of the entities or individuals being inspected;

(3) question the responsible persons and relevant personnel of the entities or individuals being inspected; and

(4) inspect materials, data, and equipment used for statistical work.

Entities and individuals concerned shall truthfully report information and provide relevant materials and shall not refuse or obstruct inspections, nor shall they make false reports or conceal relevant information.

Article 37. Where a statistical institution of a people’s government at or above the county level discovers any conduct violating this Law during the course of supervision and inspection, it shall order the responsible entity or individual to make corrections within a prescribed time limit and shall impose penalties in accordance with this Law or submit a recommendation for the imposition of administrative sanctions.

Chapter VI — Legal Liability

Article 38. Where a local people’s government, a statistical institution of a people’s government, or a relevant department or entity commits any of the following acts, the relevant authority shall order it to make corrections and impose sanctions; the directly responsible person in charge and other directly responsible personnel shall be subject to administrative sanctions in accordance with the law:

(1) fabricating or tampering with statistical data without authorization;

(2) compelling or inducing others to fabricate or tamper with statistical data;

(3) retaliating against statisticians who perform their duties in accordance with the law or who refuse or oppose statistical fraud;

(4) committing other serious statistical violations.

Article 39. Where a statistical institution or relevant department of a people’s government at or above the county level, in the course of organizing and conducting statistical surveys, commits any of the following acts, the people’s government at the corresponding level, the statistical institution of the people’s government at the next higher level, or the relevant authority shall order it to make corrections and impose sanctions; the directly responsible person in charge and other directly responsible personnel shall be subject to administrative sanctions in accordance with the law:

(1) conducting a statistical survey without approval;

(2) altering the content of a statistical survey project without approval;

(3) forging or tampering with statistical data in the course of a statistical survey;

(4) requiring statistical survey targets or other institutions or personnel to provide untrue statistical data;

(5) failing to examine and verify data in accordance with statistical survey project requirements, resulting in serious errors in the statistical data collected; or

(6) committing other acts in violation of this Law.

Article 40. Where a statistical institution or statistician commits any of the following acts, the relevant authority shall impose sanctions in accordance with the law:

(1) disclosing or providing confidential statistical data to others without authorization; or

(2) disclosing trade secrets, personal information, or other information learned in the course of statistical work.

Article 41. Where an entity, as a statistical survey target, commits any of the following acts, the statistical institution of the people’s government at or above the county level shall order it to make corrections and issue a warning, and may impose a fine. Where the circumstances are serious, a fine of not less than RMB 50,000 but not more than RMB 200,000 may be imposed:

(1) refusing to provide statistical data, or providing incomplete or untimely statistical data, without justifiable reason;

(2) providing untrue or incomplete statistical data;

(3) refusing to respond to or failing to respond truthfully to inquiries from statistical inspection personnel;

(4) refusing or obstructing statistical investigation or statistical inspection; or

(5) transferring, concealing, tampering with, or destroying original statistical records, statistical ledgers, statistical statements, or other relevant data.

Where an individual, individual business, or unincorporated economic organization commits any of the acts set out in the preceding paragraph, the statistical institution of the people’s government at or above the county level shall order such party to make corrections and issue a warning, and may impose a fine of not more than RMB 10,000.

Article 42. Where an entity, as a statistical survey target, delays the submission of statistical data, the statistical institution of the people’s government at or above the county level shall order it to make corrections and issue a warning.

Where the delay has caused adverse effects or serious consequences, a fine of not less than RMB 10,000 but not more than RMB 50,000 may be imposed on an enterprise, public institution, or other organization; a fine of not more than RMB 1,000 may be imposed on an individual or an individual business household.

Article 43. Where statistical institutions of people’s governments at or above the county level investigate and deal with statistical violations in accordance with the law, the entities and individuals concerned shall provide cooperation and shall truthfully report the relevant facts and shall not refuse or obstruct the investigation.

Article 44. Any entity or individual that violates the provisions of this Law, if the case constitutes a crime, shall be subject to criminal liability in accordance with the law.

Article 45. If any entity or individual, in the course of statistical work, takes any retaliatory action such as demotion, dismissal, transfer from post, or reduction of salary and benefits against a statistician who lawfully performs his or her duties or who refuses or opposes statistical fraud, the relevant authority shall impose sanctions in accordance with the law.

Article 46. Where a party refuses to accept an administrative penalty imposed by a statistical institution of a people’s government at or above the county level, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

Chapter VII — Supplementary Provisions

Article 47. Measures for the administration of statistical work conducted by civil affairs departments shall be formulated separately by the State Council.

Article 48. The relevant State departments may, in accordance with this Law, formulate specific measures for the implementation of this Law, which shall be submitted to the National Bureau of Statistics for filing.

Article 49. Statistical surveys conducted within the territory of the People’s Republic of China by foreign-invested enterprises or other foreign organizations or individuals shall be subject to this Law.

Where any organization or individual outside the territory of the People’s Republic of China needs to conduct statistical survey activities within the territory, it or he shall complete the relevant formalities in accordance with the provisions of the State Council and shall file such activities for the record.

Article 50. This Law shall take effect as of January 1, 2010.