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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CONFIRMATION OF THE QUALIFICATION AND THE ADMINISTRATION OF FOREIGN-RELATED INVESTIGATION INSTITUTIONS CHAPTER III ADMINISTRATION OF FOREIGN-RELATED INVESTIGATION PROJECTS CHAPTER IV LEGAL RESPONSIBILITY CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are formulated in accordance with the Statistics Law of the People's Republic of China and the detailed rules for the implementation thereof for the purpose of strengthening the regulation and administration of foreign-related investigation, safeguarding the national security and public interest and protecting the legal rights and interests of the investigating institutions and the respondents. Article 2. Foreign-related investigation referred to herein includes: (1) market and social investigation conducted under the entrustment or financial aid of any overseas organization, individual or the agency in China of any overseas organization; (2) market and social investigations conducted in cooperation with any overseas organization, individual or the agency in China of any overseas organization; (3) market investigation lawfully conducted by the agency in China of any overseas organization; and (4) market and social investigations whose materials and results are to be provided to any overseas organization, individual or the agency in China of any overseas organization. Article 3. Market investigation referred to herein means any activity of collecting and sorting out information concerning the performance and prospects of certain commodities and commercial service. Social investigation referred to herein means any activity, other than market investigation, of collecting and sorting out certain social information in the way of questionnaire, interview, observation or any other ways. In these Measures, "overseas" means outside the customs territory of the People's Republic of China; "in China" means in the customs territory of the People's Republic of China. The agency in China of an overseas organization referred to herein means the branch or permanent representative office of the organization established in China with the approval of the Chinese government. A foreign-related investigation institution referred to herein means any institution that has lawfully obtained a license for foreign-related investigation. Article 4. The National Bureau of Statistics shall, in conjunction with the relevant departments of the State Council, take charge of the supervision over and administration of foreign-related investigation of the whole country. The authorities for statistics of the local people's governments at and above the county level shall, in conjunction with the relevant departments of people's government at the same level, take charge of the supervision over and administration of foreign-related investigation in their respective administrative regions. Article 5. The National Bureau of Statistics and the authorities for statistics of the people's governments at the provincial level and the functionaries thereof shall keep confidential all and any business secret they learned of during the administration of foreign-related investigations. Article 6. Anyone who engages in a foreign-related investigation shall abide by the Chinese laws, regulations, rules and the relevant provisions of the state. Article 7. No organization or individual may conduct any foreign-related investigation that may result in: (1) violation of the basic principle of the Constitution; (2) endangering the unity, sovereignty or territorial integrity of the state; (3) stealing, spying out, buying or divulgence of any national secret or information which may endanger the national security or impair the national interest; (4) violation of the religious policy of the state or disruption of ethnic solidarity; (5) disturbance of the social economic order, undermining of social stability or harm to the public interest; (6) propagation of any cult or superstitions; (7) any fraud that may infringe upon the legitimate rights and interests of others; or (8) any other circumstances as may be provided by laws, regulations, rules or the relevant provisions of the state. Article 8. The state shall adopt a qualification confirmation system for the administration of foreign-related investigation institutions and an examination and approval system for the control of foreign-related social investigation projects. Article 9. Any foreign-related market investigation must be conducted through a foreign-related investigation institution, and any foreign-related social investigation must be conducted through a foreign-related investigation institution with an approval of the authority concerned. No overseas organization or individual may directly conduct any market or social investigation in China or conduct any market or social investigation through any institution without the license for foreign-related investigation. CHAPTER II CONFIRMATION OF THE QUALIFICATION AND THE ADMINISTRATION OF FOREIGN-RELATED INVESTIGATION INSTITUTIONS Article 10. The National Bureau of Statistics and the authorities for statistics of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the qualification confirmation for institutions applying for a license for foreign-related investigation. No individual and no organization without a license for foreign-related investigation may conduct any foreign-related investigation in any form. Article 11. To apply for a license for foreign-related investigation, an institution must: (1) have been lawfully established with corporate capacity; (2) have the scope of operation or business that includes the market or social investigation; (3) have personnel familiar with the provisions of the state concerning the foreign-related investigation; (4) have the corresponding ability to conduct foreign-related investigation; (5) have conducted at least three investigation projects or have at least 300,000 yuan of investigation turnover in the year before the date of application; (6) have a strict and well-established security system; and (7) have no record of any major illegal act in the recent two years. Article 12. The agency in China of an overseas organization with market investigation in its scope of business and meeting the requirements provided for in Items (3), (6) and (7) of Article 11 may apply for a license for foreign-related investigation and may directly conduct market investigation in China with regard to the commodities or commercial service relating to itself, provided that it may not conduct any social investigation. Article 13. To apply for a license for foreign-related investigation, one must submit: (1) a form of application for a license for foreign-related investigation; and (2) materials certifying the satisfaction of the requirements provided for in Article 11 or 12. Article 14. An institution applying for a license for foreign-related investigation shall submit its application to the National Bureau of Statistics, in the case of investigation involving more than one province, autonomous region or municipality directly under the Central Government, or to the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located, in the case of investigation involving only this province, autonomous region or municipality directly under the Central Government. The National Bureau of Statistics or the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government shall make a decision of approval or disapproval within 20 days from acceptance of the application. In the case of failure to make such a decision within the time limit, such time limit may be extended for ten days with the approval of the person in charge of the authority with the applicant being notified of the ground for such extension. In the case of a decision of approval, a license for foreign-related investigation shall be issued; in the case of a decision of disapproval, the applicant shall be notified of such decision with reasons for such disapproval being stated. Article 15. A license for foreign-related investigation issued by the National Bureau of Statistics shall be valid throughout the country. A license for foreign-related investigation issued by the authority for statistics of the people's government of a province, autonomous region or municipality directly under the Central Government shall be valid in this province, autonomous region or municipality directly under the Central Government. Article 16. The license for foreign-related investigation shall give clear indication of the name, type of registration, legal representative or person in charge and domicile of the investigation institution, issuing organ, date, number and term of the license and the scope of business licensed. Article 17. In the case of any change in the name, type of registration, legal representative or person in charge or domicile of a foreign-related investigation institution, the institution shall apply to the issuing organ for a change in its license for foreign-related investigation. Article 18. A license for foreign-related investigation shall be valid for three years. Where any foreign-related investigation institution wishes to extend the term of its license for foreign-related investigation, it shall submit an application to the issuing organ 30 days prior to the expiry of the term. No extension shall be granted if no application has been made within such time limit. Article 19. Any institution having terminated its business of foreign-related investigation shall hand over its license for foreign-related investigation to the issuing organ within 30 days from such termination. An expired license for foreign-related investigation shall be handed over to the issuing organ within 30 days from such expiry. Article 20. No organization or individual may forge, use falsely or transfer any license for foreign-related investigation. CHAPTER III ADMINISTRATION OF FOREIGN-RELATED INVESTIGATION PROJECTS Article 21. The National Bureau of Statistics and the authorities for statistics of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the examination and approval of foreign-related social investigation projects. Article 22. To apply for approval for a foreign-related social investigation project, a foreign-related investigation institution shall submit: (1) a form of application for the foreign-related investigation project; (2) a copy of its license for foreign-related investigation; (3) a copy of the relevant contract of entrustment, financial aid or cooperation; (4) an investigation plan, containing the purpose, content, scope, time, respondent and method of the investigation; (5) the relevant questionnaire, form or outline for the relevant interviews or observations; and (6) other background materials relating to the investigation project. Article 23. An institution applying for approval for a foreign-related social investigation project shall submit its application to the National Bureau of Statistics, in the case of investigation involving more than one province, autonomous region or municipality directly under the Central Government, or to the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located, in the case of investigation involving only this province, autonomous region or municipality directly under the Central Government. The National Bureau of Statistics or the authority for statistics of the people's government of the province, autonomous region or municipality directly under the Central Government shall make a decision of approval or disapproval within 20 days from acceptance of the application. In the case of failure to make such a decision within the time limit, the time limit may be extended for ten days with the approval of the person in charge of the authority with the applicant being notified of the ground for such extension. In the case of a decision of approval, an approval document for the foreign-related social investigation project shall be issued; in the case of a decision of disapproval, the applicant shall be notified of such decision with reasons for such disapproval being stated. Article 24. No foreign-related social investigation project having been approved may have any change without authorization. Where any change is needed, the foreign-related investigation institution shall submit an application to the original approving organ with regard to the part concerned. The examining and approving organ shall make a decision on approving or disapproving the change in accordance with Paragraph 2 of Article 23. Article 25. The principle of voluntary participation shall be observed in foreign-related investigation. Any person shall have the right to decide for himself whether or not to participate in the investigation without coercion by any organization or individual. When conducting a foreign-related investigation, a foreign-related investigation institution shall state to the respondents the purpose of the investigation and may not act falsely in the name of another institution or mislead any respondent. Article 26. In an approved foreign-related social investigation, the following matters shall be prominently indicated on the front pages of the questionnaires, forms or outlines for the interviews or observations and stated to the respondents: (1) the number of the license for foreign-related investigation; (2) the organ approving and the number of the approval document for the investigation project; and (3) the investigation is conducted in the principle of voluntary participation. Article 27. A foreign-related investigation institution shall set up records of its business of foreign-related investigations. Article 28. No organization or individual may forge, use falsely or transfer any approval document for a foreign-related social investigation project. Article 29. Each foreign-related investigation institution and its relevant personnel shall keep confidential all and any business secret and personal privacy they learned of during the foreign-related investigation. CHAPTER IV LEGAL RESPONSIBILITY Article 30. Anyone who violates Article 7 herein shall be subject to the punishment according to Article 34 of the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China. Article 31. Anyone who violates any of the provisions herein and is involved in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people's government at the provincial level, with a fine of 500 to 1,000 yuan in the case of not-for-profit investigation activities or, in the case of for-profit investigation activities, a fine of one to three times the illegal gain, if any, but not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there is no illegal gain. If a crime is constituted, the criminal liability shall be investigated for according to law: (1) conducting any foreign-related investigation not through an institution with a license for foreign-related investigation; (2) conducting any foreign-related investigation without a license; (3) forging, using falsely or transferring any license for foreign-related investigation or any approval document for a foreign-related social investigation project; (4) conducting any foreign-related investigation by using an expired license for foreign-related investigation; or (5) conducting any foreign-related investigation beyond its licensed scope of business. Article 32. Any foreign-related investigation institution or any staff member thereof who violates any of the provisions herein and is involved in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people's government at the provincial level, with a fine of 500 to 1,000 yuan in the case of not-for-profit investigation activities or, in the case of for-profit investigation activities, a fine of one to three times the illegal gain, if any, but not exceeding 30,000 yuan at any event or a fine of 3,000 to 10,000 yuan if there is no illegal gain. If a crime is constituted, the criminal liability shall be investigated for according to law: (1) conducting any foreign-related social investigation without obtaining an approval document; (2) making any change in an approved foreign-related social investigation project without authorization; (3) divulging any business secret or personal privacy of any respondent; (4) coercing anyone into participating in its or his investigation; (5) conducting any foreign-related investigation falsely in the name of another institution; (6) failing to set up records of its business of foreign-related investigation; (7) refusing to accept the inspection of the relevant administrative organ; (8) refusing to give facts or provide the relevant materials or giving false representations or providing false materials during the inspection of the relevant administrative organ; or (9) failing to indicate or state to the respondents any of the matters provided for in Article 26. Article 33. Any foreign-related investigation institution who violates any of the provisions herein and is involved in any of the following circumstances shall be ordered to make corrections by the National Bureau of Statistics or the authority for statistics of the people's government at the provincial level, with a warning or a fine of 500 to 1,000 yuan being imposed: (1) failing to apply for change in its license for foreign-related investigation in the case of any change in its name, type or registration, legal representative or person in charge or domicile; or (2) failing to hand over to the issuing organ its license for foreign-related investigation in the case of termination of business of foreign-related investigation, or its expired license for foreign-related investigation. Article 34. Any functionary of an authority for statistics who neglects his duty or abuses his power in the administration of foreign-related investigation shall be subject to an administrative sanction according to law or, if a crime is constituted, to criminal liability. Article 35. Any functionary of the National Bureau of Statistics or authorities for statistics of the people's governments at the provincial level who divulges any business secret he learned of during the administration of foreign-related investigation shall be subject to civil liability with an administrative sanction being imposed on the person in charge and other persons directly responsible. CHAPTER V SUPPLEMENTARY PROVISIONS Article 36. The investigation involved in any cooperation project between the Chinese government and any foreign government or international organization shall be conducted in accordance with the relevant provisions of the state. Article 37. The time limits provided for the administrative licensing herein shall be counted on the basis of working days excluding official holidays. Article 38. These Measures shall come into force as of the date of promulgation. The Interim Measures for the Administration of Foreign-related Social Investigation as promulgated by the National Bureau of Statistics on July 16, 1999 shall be annulled as of the same date. |
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