authorized release | decision of the standing committee of the national people's congress on amending the statistics law of the people's republic of china
2024-09-15
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xinhua news agency, beijing, september 13
decision of the standing committee of the national people's congress on amending the statistics law of the people's republic of china
(adopted at the 11th session of the standing committee of the 14th national people's congress on september 13, 2024)
the 11th session of the standing committee of the 14th national people's congress decided to make the following amendments to the statistics law of the people's republic of china:
1. article 1 is amended to read: "this law is formulated in order to organize statistical work in a scientific and effective manner, ensure the authenticity, accuracy, completeness and timeliness of statistical data, strengthen statistical supervision, give full play to the important role of statistics in understanding the national conditions and national strength and serving the high-quality development of the economy and society, and promote the comprehensive construction of a modern socialist country."
2. add one paragraph to article 3 as the first paragraph: "statistical work shall adhere to the leadership of the communist party of china."
3. article 5 is amended to read: "the state shall strengthen statistical scientific research, improve scientific and reasonable statistical standards and statistical indicator systems in accordance with new situations in economic and social development, include new economic sectors in the scope of statistical surveys, and continuously improve statistical survey methods to enhance the scientific nature of statistics.
“the state has planned to strengthen the construction of statistical informatization, promote the deep integration of modern information technology and statistical work, and promote the modernization of statistical information collection, processing, transmission, sharing, storage technology and statistical database system.”
4. add one article as article 6: "the state shall establish a statistical supervision system that is complete, coordinated and efficient, binding, authoritative and reliable.
“statistical agencies shall conduct statistical supervision on the implementation of major national economic and social policies and measures and the performance of statutory statistical duties by various regions and departments in accordance with the statistical survey system and approved plans and arrangements.”
5. article 6 is changed to article 7, and the second paragraph is amended to read: "the heads of local people's governments at all levels, statistical agencies and relevant departments of people's governments at or above the county level, and various units shall not modify statistical data collected and compiled by statistical agencies and statistical personnel in accordance with the law, shall not require statistical agencies, statistical personnel and other agencies and personnel to forge or tamper with statistical data in any way, shall not explicitly or implicitly require subordinate units and their personnel or statistical survey subjects to fill in false statistical data, and shall not retaliate against units and individuals that perform their duties in accordance with the law or refuse or resist statistical violations."
6. add one article as article 9: "local people's governments at all levels, statistical agencies of people's governments at or above the county level, and relevant departments shall, in accordance with relevant national regulations, include the prevention and punishment of statistical fraud and falsification in the scope of responsibility for administration according to law and performance of duties according to law, establish and improve relevant responsibility systems, strengthen the assessment and management of the statistical work of leading cadres, and investigate and hold legally accountable those who commit statistical fraud and falsification in accordance with law."
vii. article 9 is changed to article 11 and is amended as follows: "statistical agencies and statisticians shall keep confidential the state secrets, work secrets, business secrets, personal privacy and personal information learned in the course of statistical work, and shall not disclose them or illegally provide them to others."
8. add one article as article 20: "the state implements a unified national economic accounting system.
“the national bureau of statistics uniformly organizes and implements the calculation of regional gdp.”
ix. article 20 is changed to article 23, divided into two paragraphs, and amended as follows: "statistical agencies and relevant departments of people's governments at or above the county level and township and town people's governments shall establish a system for the preservation and management of statistical data in accordance with relevant national regulations.
“the statistical agencies and relevant departments of the people’s governments at or above the county level shall establish and improve statistical information sharing mechanisms and clarify the scope, standards and procedures for sharing statistical information.”
10. article 21 is changed to article 24, and the first paragraph is amended to read: "state organs, enterprises, institutions and other organizations and other statistical survey subjects shall set up original records and statistical ledgers in accordance with relevant national regulations, promote the electronicization, digitization and standardization of statistical ledgers, and establish and improve management systems for the review, signing, submission and filing of statistical materials."
11. article 37 is changed to article 40, divided into two paragraphs, and amended as follows: "if the person in charge of the local people's governments at all levels, the statistical agencies of the people's governments at or above the county level, or the relevant departments or units commits any of the following acts, the appointing and removing authority, unit or supervisory authority shall impose sanctions in accordance with the law, and the statistical agencies of the people's governments at or above the county level shall notify them:
"(1) modifying statistical data on one's own or fabricating false statistical data;
"(2) requesting statistical agencies, statistical personnel or other agencies or personnel to forge or tamper with statistical data;
"(3) explicitly or implicitly instructing subordinate units and their personnel or statistical survey subjects to report false statistical data;
"(4) failing to supervise serious misrepresentations of statistical data or serious statistical violations in one's locality, department or unit;
"(5) engaging in other statistical fraud or deception.
"if there is retaliation against units or individuals who perform their duties in accordance with the law or refuse or resist statistical violations, sanctions shall be imposed and the matter shall be notified in accordance with the provisions of the preceding paragraph."
12. article 39 shall be changed to article 42, and the “directly responsible supervisors and other directly responsible persons” shall be amended to “responsible leaders and directly responsible persons”.
the second item of the first paragraph is divided into two items and is revised as follows: “(2) disclosing or illegally providing to others the commercial secrets, personal privacy, or personal information of the statistical survey subjects” and “(3) providing or disclosing to any third party information obtained during the statistical survey that can identify or infer the identity of a single statistical survey subject.”
13. article 41 is changed to article 44, and the following sentence “if the directly responsible persons in charge and other directly responsible persons are state employees, they shall be punished by the appointing and removing authority or the supervisory authority in accordance with the law” is revised to “if the responsible leaders and directly responsible persons are public employees, they shall be punished by the appointing and removing authority, unit or supervisory authority in accordance with the law”.
the second paragraph is amended to read: "if an enterprise, institution or other organization commits any of the acts listed in the preceding paragraph, a fine of up to rmb 100,000 may be imposed concurrently; if the circumstances are serious, a fine of not less than rmb 100,000 but not more than rmb 500,000 may be imposed concurrently."
14. article 42 is changed to article 45, and the first paragraph is amended to read: "if a state organ, enterprise, institution or other organization that is the subject of a statistical survey reports statistical data late, or fails to set up original records or statistical ledgers in accordance with relevant national regulations, the statistical agency of the people's government at or above the county level shall order it to make corrections, give it a warning, and may issue a notice; if the responsible leaders and directly responsible personnel are public officials, they shall be punished by the appointing and removing authority, unit or supervisory authority in accordance with the law."
the second paragraph is amended to read: "if an enterprise, institution or other organization commits any of the acts listed in the preceding paragraph, a fine of no more than rmb 50,000 may be imposed."
15. article 43 is changed to article 46 and is amended as follows: "when investigating and handling statistical violations, if the statistical institutions of the people's governments at or above the county level believe that the relevant public officials should be punished according to law, they shall make recommendations on the punishment to the public official's appointment and removal organs or units. the public official's appointment and removal organs or units shall make a decision in a timely manner in accordance with the law and notify the statistical institutions of the people's governments at or above the county level of the results in writing; if the case is referred to the supervisory authority, the supervisory authority shall handle it in accordance with relevant regulations."
16. article 46 is changed to article 49 and is amended as follows: "if a party is dissatisfied with an administrative penalty decision made by a statistical agency of a people's government at or above the county level, he or she may apply for administrative reconsideration or initiate administrative litigation in accordance with the law. if a party is dissatisfied with an administrative penalty decision made by an investigation agency dispatched by the national bureau of statistics, he or she may apply to the national bureau of statistics for administrative reconsideration."
17. article 47 is changed to article 50 and is amended as follows: "any person who violates the provisions of this law and causes personal injury or property loss shall bear civil liability in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law."
18. the following amendments are made to some articles:
(1) article 10 is changed to article 12, and the “promotion of position” therein is changed to “promotion of position, rank, etc.”
(2) article 14 is changed to article 16, and the phrase “and in accordance with the provisions of article 12 of this law” is amended to “and in accordance with the provisions of article 14 of this law”.
(iii) article 16 shall be changed to article 18, and “administrative records” shall be changed to “administrative records, social big data”.
(iv) article 32 is changed to article 35, and the phrase “and its supervisory organs” is deleted.
(v) article 38 is changed to article 41, and the phrase “in the organization and implementation of statistical survey activities” is deleted; “directly responsible supervisors and other directly responsible persons” is changed to “responsible leaders and directly responsible persons”; and “without approval” is changed to “without approval or filing”.
(6) article 40 is changed to article 43, and the phrase “leaking state secrets” is amended to “leaking state secrets or work secrets”.
(vii) article 45 is changed to article 48, and the “promotion of position” is changed to “promotion of position and rank, etc.”; “revocation of promoted position” is changed to “revocation of promoted position and rank, etc.”
this decision shall come into force on the date of its promulgation.
the statistics law of the people's republic of china will be amended accordingly and the order of its articles will be adjusted accordingly in accordance with this decision and will be republished.
