decision of the standing committee of the national people's congress on amending the statistics law of the people's republic of china
2024-09-28
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(adopted at the 11th meeting of the standing committee of the 14th national people's congress on september 13, 2024)
the eleventh meeting of the standing committee of the fourteenth national people's congress decided to amend the statistics law of the people's republic of china as follows:
1. amend article 1 to read: “in order to scientifically and effectively organize statistical work, ensure the authenticity, accuracy, completeness and timeliness of statistical data, strengthen statistical supervision, and give full play to the role of statistics in understanding national conditions and national strength, and serving high economic and social standards. this law is formulated to play an important role in quality development and promote the comprehensive construction of a modern socialist country.”
2. add a paragraph to article 3 as the first paragraph: “statistical work adheres to the leadership of the communist party of china.”
3. amend article 5 to read: “the state shall strengthen statistical scientific research, improve scientific and reasonable statistical standards and statistical indicator systems based on the new situation of economic and social development, include new economic and new fields in the scope of statistical surveys, and continuously improve statistical surveys. methods to improve 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 systems."
4. add one article as article 6: “the state shall establish a statistical supervision system that is systematic, complete, collaborative and efficient, has strong constraints, is authoritative and reliable.
“statistical institutions shall conduct statistical supervision on the implementation of major national economic and social policies and measures and the performance of statistical statutory duties by various regions and departments in accordance with the statistical survey system and approved planning arrangements.”
5. change article 6 to article 7, and amend the second paragraph to read: “local people’s governments at all levels, statistical agencies and relevant departments of people’s governments at or above the county level, and heads of various units shall not modify the statistics of statistical agencies and statisticians on their own statistical data collected and compiled in accordance with the law shall not be required in any way to require statistical agencies, statisticians and other institutions or personnel to forge or tamper with statistical data. they shall not expressly or imply that subordinate units and their personnel or statistical investigation subjects shall fill in false statistical data. retaliate against units and individuals who perform their duties or refuse or resist statistical violations.”
6. add one article as article 9: “local people’s governments at all levels, statistical agencies and relevant departments of people’s governments at or above the county level shall, in accordance with relevant national regulations, include the prevention and punishment of statistical falsification and fraud within the scope of their responsibilities for administration according to law and performance of duties according to law. , establish and improve the relevant responsibility system, strengthen the assessment and management of the statistical work of leading cadres, and pursue legal responsibility for statistical falsification and fraud in accordance with the law.”
7. change article 9 to article 11 and amend it to read: “statistical institutions and statisticians shall keep state secrets, work secrets, business secrets, personal privacy and personal information learned during statistical work confidential and shall not disclose them. or illegally provide it 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 regional gdp accounting work."
9. change article 20 to article 23, divide it into two paragraphs, and amend it to read: “the statistical agencies and relevant departments of the people’s governments at or above the county level and the township and town people’s governments shall establish statistical data in accordance with relevant national regulations. preservation and management system.
"statistical agencies and relevant departments of people's governments at or above the county level should establish and improve statistical information sharing mechanisms and clarify the scope, standards and procedures for sharing statistical information."
10. change article 21 to article 24, and modify the first paragraph to read: “state agencies, enterprises, institutions, and other organizations and other statistical investigation objects 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, signature, submission, and archiving of statistical data.”
11. change article 37 to article 40, divide it into two paragraphs, and amend it to read: “the responsible person of the local people’s government at all levels, the statistical agency of the people’s government at or above the county level, or the relevant department or unit shall have any of the following acts: 1. the appointment and removal authority, unit or supervisory authority shall impose sanctions in accordance with the law, and the statistics agency of the people's government at or above the county level shall notify:
“(1) modify statistical data and fabricate false statistical data on your own;
“(2) requiring statistical agencies, statisticians or other institutions or personnel to forge or tamper with statistical data;
“(3) expressly or implying that subordinate units and their personnel or statistical investigation subjects fill in false statistical data;
“(4) failure to observe serious statistical inaccuracies and serious statistical violations that occur in this locality, department, or unit;
“(5) any other statistical falsification or fraud.
“retaliation against units and individuals who perform their duties in accordance with the law or refuse or resist illegal statistical activities shall be punished and notified in accordance with the provisions of the preceding paragraph.”
12. article 39 is changed to article 42, in which "directly responsible supervisors and other directly responsible persons" are changed to "responsible leaders and directly responsible persons".
the second item of paragraph 1 is divided into two items and is revised to: "(2) leaking or illegally providing to others the business secrets, personal privacy, and personal information of statistical survey subjects" and "(3) providing or leaking to others during the statistical survey information obtained that can identify or infer the identity of a single statistical survey subject."
13. change article 41 to article 44, in which "if the person directly in charge and other directly responsible persons are state workers, they shall be punished by the appointment and removal authority or the supervisory authority in accordance with the law" is changed to " if the responsible leaders and directly responsible personnel are public employees, they shall be punished by the appointment and removal authority, unit or supervisory authority in accordance with the law."
the second paragraph is revised to read: “enterprises, institutions or other organizations that commit any of the acts listed in the preceding paragraph may be fined not more than 100,000 yuan; if the circumstances are serious, they may also be fined not less than 100,000 yuan but not more than 500,000 yuan. ”
14. change article 42 to article 45, and amend the first paragraph to read: “state agencies, enterprises, institutions or other organizations that are the subject of statistical surveys late report statistical data, or fail to set up statistical institutions in accordance with relevant national regulations. if the original records and statistical ledgers are found, the statistical agency of the people's government at or above the county level shall order corrections, give warnings, and may report them; if the responsible leaders and directly responsible persons are public employees, the appointment and removal agencies, units or supervisory agencies shall punished according to law.”
the second paragraph is revised to read: “if an enterprise, institution or other organization commits any of the acts listed in the preceding paragraph, it may also be fined not more than 50,000 yuan.”
15. change article 43 to article 46, and amend it to read: “when the statistical agencies of the people’s governments at or above the county level investigate and deal with statistical violations, if they believe that the relevant public officials should be punished in accordance with the law, they shall if the appointment and removal authority or unit of the public employee proposes a sanction, the appointment or removal authority or unit of the public employee shall make a timely decision in accordance with the law and notify the statistical agency of the people's government at or above the county level in writing of the result; if it is transferred to the supervisory authority, the supervisory authority shall follow relevant regulations. handle it.”
16. change article 46 to article 49 and amend it to read: “if the party concerned is dissatisfied with the administrative penalty decision made by the statistical agency of the people’s government at or above the county level, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. if you are dissatisfied with the administrative penalty decision made by the investigation agency dispatched by the bureau of statistics, you may apply for administrative reconsideration from the national bureau of statistics.”
17. change article 47 to article 50 and amend it to read: "anyone who violates the provisions of this law and causes personal injury or property loss shall bear civil liability in accordance with the law; if it constitutes a crime, he shall be investigated for criminal liability in accordance with the law."
18. the following modifications are made to some provisions:
(1) article 10 is changed to article 12, and “job promotion” is changed to “job grade promotion”.
(2) change article 14 to article 16, and amend “and in accordance with the provisions of article 12 of this law” to “and in accordance with the provisions of article 14 of this law”.
(3) article 16 is changed to article 18, and "administrative records" is changed to "administrative records, social big data".
(4) change article 32 to article 35 and delete “and its supervisory agencies”.
(5) change article 38 to article 41, and delete “in organizing and implementing statistical survey activities”; change “directly responsible supervisors and other directly responsible personnel” to “responsible persons” leaders and directly responsible personnel"; "without approval" is changed to "without approval or filing".
(6) article 40 is changed to article 43, and "those who leak state secrets" are changed to "those who leak state secrets or work secrets".
(7) article 45 is changed to article 48, in which "position promotion" is changed to "promotion to position level, etc."; "revocation of promoted position" is changed to "revocation of promoted position level, etc."
this decision shall come into effect from the date of promulgation.
the "statistics law of the people's republic of china" will be revised accordingly and the order of provisions will be adjusted accordingly based on this decision, and will be re-announced.
source xinhua news agency
tidymou shaoli
editli manyu
second trial feng qian
third trial wang shuyi
