Issuing agency: China Association of the National Shipbuilding Industry
Column: Statistics regulations and policies learning materials
source: https://www.cansi.org.cn/cms/document/19755.html
Amendment to the Standing Committee of the National People's Congress
Decision on the Statistics Law of the People's Republic of China
Amendment to the Standing Committee of the National People's Congress
Decision on the Statistics Law of the People's Republic of China
(September 13, 2024The Standing Committee of the 14th National People’s Congress
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: "This law is formulated in order to scientifically and effectively organize statistical work, ensure the authenticity, accuracy, completeness and timeliness of statistical data, strengthen statistical supervision, give play to the important role of statistics in understanding national conditions and national strength, serve high-quality economic and social 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 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 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, in accordance with the statistical survey system and approved planning arrangements, conduct statistical supervision on the implementation of major national economic and social policies and measures by various regions and departments, and the performance of statistical statutory duties. ”
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 units shall not modify on their own the statistical data collected and compiled by statistical agencies and statisticians in accordance with the law. They shall not in any way require statistical agencies, statisticians and other agencies and personnel to falsify or tamper with statistical data. They shall not expressly or imply that lower-level units and their personnel or statistical investigation subjects fill in false statistical data. No retaliation shall be made against units and individuals who 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 and relevant departments of people's governments at or above the county level shall, in accordance with relevant national regulations, incorporate the prevention and punishment of statistical falsification and fraud into the scope of administrative duties in accordance with the law and the performance of duties in accordance with the law, establish and improve relevant responsibility systems, strengthen the assessment and management of the statistical work of leading cadres, and pursue legal liability for statistical falsification and fraud in accordance with the law. "
7. Change Article 9 to Article 11 and amend it to read: “Statistics agencies and statisticians shall keep state secrets, work secrets, business secrets, personal privacy and personal information learned during statistical work confidential, and shall not disclose 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 regional GDP accounting work. "
9. Change Article 20 to Article 23, divide it into two paragraphs, and amend it to read: “Statistical agencies and relevant departments of people’s governments at or above the county level, as well as township and town people’s governments, shall establish systems for the preservation and management of statistical data in accordance with relevant national regulations.
"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 of sharing statistical information. "
10. Change Article 21 to Article 24, and amend 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: “If the person in charge of local people’s governments at all levels, statistical agencies or relevant departments of people’s governments at or above the county level, or units commits any of the following acts, he or she shall be punished by the appointment and removal authority, unit or supervisory authority in accordance with the law, and shall be notified by the statistical agencies of the people’s governments at or above the county level:
“(1) Modify statistical data on your own and fabricate false statistical data;
“(2) Requiring statistical agencies, statisticians or other agencies or personnel to falsify or tamper with statistical data;
"(3) Expressly or implicitly reporting false statistical data to subordinate units and their personnel or statistical survey subjects;
“(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.
"Any unit or individual that performs its duties in accordance with the law or refuses or resists statistical violations shall be punished and notified in accordance with the provisions of the preceding paragraph. "
12. Change Article 39 to Article 42, in which “directly responsible supervisors and other directly responsible personnel” are changed to “responsible leaders and directly responsible personnel”.
The second item of paragraph 1 is divided into two items and is modified to read: "(2) Leaking or illegally providing to others the business secrets, personal privacy, and personal information of statistical survey subjects" and "(3) Providing to external parties or leaking information obtained during statistical surveys that can identify or infer the identity of individual statistical survey subjects."
13. Change Article 41 to Article 44, in which "If the person in charge and other persons directly responsible are state workers, they shall be punished by the appointment and removal authority or the supervisory authority in accordance with the law" to "If the responsible leader and the person directly responsible are public officials, 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: "If an enterprise, institution or other organization commits any of the acts listed in the preceding paragraph, it may be fined not more than 100,000 yuan; if the circumstances are serious, it may also be fined not less than 100,000 yuan but not more than 500,000 yuan."
14. Article 42 is changed to Article 45, and the first paragraph is revised to read: "If a state agency, enterprise, institution or other organization that is the subject of a statistical investigation reports late statistical data, or fails to set up original records and 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 a warning, and may notify it; if its responsible leaders and directly responsible personnel are public officials, 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: "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 agency of the people’s government at or above the county level investigates and handles illegal statistical activities, if it believes that the relevant public official should be punished in accordance with the law, it shall make a recommendation for punishment to the appointment and removal authority of the public official. The unit 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; if it is transferred to the supervisory authority, the supervisory authority shall handle it in accordance with relevant regulations. "
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 he is dissatisfied with the administrative penalty decision made by the investigation agency dispatched by the National Bureau of Statistics, he may apply to the National Bureau of Statistics for administrative reconsideration. "
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. "
(1) Article 10 is changed to Article 12, and “job promotion” is changed to “job grade promotion”.
(2) Article 14 is changed to Article 16, and “and in accordance with the provisions of Article 12 of this Law” is changed 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) Article 38 is changed to Article 41, and "in organizing and implementing statistical survey activities" is deleted; "directly responsible managers and other directly responsible personnel" are changed to "responsible 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."
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-promulgated.