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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II STATISTICAL ORGANS AND PERSONNEL CHAPTER III STATISTICAL SURVEYS CHAPTER IV MANAGEMENT AND ISSUANCE OF STATISTICAL MATERIALS CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Rules are formulated according to the Statistics Law of the People's Republic of China and the Law of the People's Republic of China on Ports for the purpose of regulating the port statistical work and ensuring the accuracy, timeliness and integrity of port statistical materials. Article 2. These Rules shall be applicable to the statistical work relating to the construction, business operation and management of ports as well as other relevant activities within the territory of the People's Republic of China. Article 3. The Ministry of Communications shall be responsible for the port statistical work nationwide. The communications (ports) administrative department of the provincial people's government shall be responsible for the port statistical work within its own jurisdiction. The department for specifically implementing the ports administration determined by the provincial people's government, the people's government of the districted city or the people's government at the county level at the locality of a port shall be responsible for the port statistical work under its own administration. The departments mentioned in the preceding Paragraphs 2 and 3 are referred to in general as the ports administrative department. Article 4. The Ministry of Communications will determine the port statistical scope and approach required, and specify them in the relevant statistical systems. The port administrative department shall not adjust the port statistical scope or approach at its own free will. Article 5. The Ministry of Communications and the ports administrative departments may require the objects under port statistical surveys to provide the statistical materials and the relevant information according to the laws, regulations and rules, and the objects under port statistical surveys shall faithfully provide the statistical materials, and shall not make any false report, conceal, refuse to report, delay the report of, forge or alter any statistical materials. The Ministry of Communications and the port administrative department shall faithfully submit the statistical materials and the relevant information provided by the objects under port statistical surveys, and shall keep confidential the business secrets of the objects under port statistical surveys. The term "objects under port statistical surveys" mentioned in this Article refers to the organizations or individuals engaging in the construction or business operation of ports or the relevant activities. Article 6. The statistical organs and personnel in the Ministry of Communications, the port administrative departments and the objects under port statistical surveys (hereinafter referred to the "subjects of port statistics") shall, in accordance with the laws, regulations and rules, independently exercise the power of statistical survey, statistical report and statistical supervision, and complete statistical tasks in a timely manner. The statistical organ and personnel in each subject of port statistics shall be entitled to refuse to report those statistical statements inconsistent with the provisions. Article 7. The person in-charge of each subject of port statistics shall not force or suggest its statistical organ or personnel to distort any statistical materials or fabricate any data, and shall not illegally alter any statistical materials, and shall order the statistical organ or personnel to verify and correct the mistake together with the relevant persons if any mistake is found in the data calculation. Article 8. Each subject of port statistics shall strengthen its leadership in the port statistical work, solve the problems in the port statistics, and provide the necessary conditions for port statistics. CHAPTER II STATISTICAL ORGANS AND PERSONNEL Article 9. The Ministry of Communications shall fulfill the following statistical duties: (1) Formulating, promulgating and implementing the rules, systems, indicator systems, and technical standards concerning the port statistics nationwide according to the laws and administrative regulations; (2) Organizing and guiding the nationwide port statistical work, and uniformly administrating the projects under port statistical surveys; (3) Organizing and participating in the nationwide statistical surveys relating to ports; (4) Formulating national development planning on port statistics, formulating plans and schemes on statistical surveys, and organizing the implementation thereof; (5) Collecting, sorting out, examining and gathering together the port statistical data nationwide, formulating and printing, providing and administrating the nationwide port statistical data, and regularly releasing the national port statistical information; (6) Analyzing and forecasting the conditions regarding the nationwide business operations, construction and management of ports and the relevant activities, and providing statistical consultation; (7) Organizing the nationwide port statistical trainings, and promoting the computerized processing of national statistical data; and (8) Completing other work relating to port statistics. Article 10. The ports administrative departments shall set up a special statistical organ or designate a relevant functional organ to take charge of the port statistical work. Article 11. The ports administrative department shall fulfill the following statistical duties: (1) Implementing the statistical laws, regulations and rules of the state, and formulating, promulgating and implementing the detailed rules for port statistics in light of the actual situation of their own jurisdictions; (2) Organizing and guiding the port statistical work within their own jurisdictions, and uniformly administrating the projects of statistical surveys; (3) Organizing and participating in the national and industrial port statistical surveys within their own jurisdictions; (4) Formulating the development planning on port statistics and formulating the plans and schemes on statistical surveys for their own jurisdictions, and organizing the implementation thereof (5) Expanding and detailing port statistical indicators according to the actual requirements and the industrial standards; (6) Collecting, sorting out, examining, gathering together and submitting the port statistical data of their own jurisdictions, formulating, providing and administrating the port statistical data of their own jurisdictions, and regularly releasing the port statistical information; (7) Analyzing and forecasting the conditions regarding the business operations, construction and management of ports of their own jurisdictions and the relevant activities, and providing statistical consultation; (8) Organizing the port statistical trainings within their own jurisdictions, and promoting the computerized processing and management of port statistical materials within their own jurisdictions; and (9) Completing other work relating to port statistics. Article 12. Each object of port statistics shall designate an organ or persons to take charge of the port statistics and fulfill the following duties: (1) Accurately and timely filling in the statistical statements and proving statistical materials according to the relevant laws, regulations and rules; (2) Analyzing and forecasting the business operations, construction, management and economic benefits, of its own entity, and submitting the analysis materials according to the relevant provisions; (3) Administrating the original notes, ledgers, statements and other materials about port statistics of its own entity; and (4) Fulfilling other work relating to port statistics. Article 13. The statistical organ and personnel of each subject of port statistics shall be entitled to the following power: (1) The power of statistical survey, namely, requesting the objects under surveys to faithfully fill in and submit statistical materials, inspecting the original notes, vouchers and ledgers concerning the port statistical materials; (2) The power to make statistical reports, namely, no department or individual may obstruct or sequester or alter any statistical report when it/he submits statistical reports to the relevant entities at the higher level; and (3) The power of statistical supervision, namely, inspecting or tipping off the act of concealing, falsely reporting, forging or altering statistical materials or any other illegal act in statistical surveys, and ordering the relevant entity to make corrections. Article 14. A statistician in a subject of port statistics shall have the operational qualification required by the state. Article 15. Each subject of port statistics shall, according to the relevant provisions of the state, organize its statisticians to take part in the statistical professional trainings, and the examination or appraisal regarding professional technical posts. Article 16. Each subject of port statistics shall keep its statistical organ and personnel relatively stable, and shall carry out the hand-over of statistical activities and statistical materials and timely notify the conditions upon alteration and contact information to the relevant entities in the case of any alteration of its statistical organ or personnel. CHAPTER III STATISTICAL SURVEYS Article 17. The port statistical surveys include various statistical surveys conducted for collecting the infrastructure, equipment, business operations, safety, energy consumption, environmental protection, investment in fixed assets, wages and other materials regarding the ports. Article 18. A port statistical survey shall be organized and carried out according to the approved plans and schemes on the statistical survey (the system of statistical statements). The plans on the statistical survey shall be formulated in light of the project under statistical survey. The schemes on the port statistical survey shall be simultaneously formulated when the plans on the port statistical survey are formulated. Article 19. The Ministry of Communications and the ports administrative department shall regularly make public the list of projects under port statistical surveys. Article 20. In the case of any significant event or emergency, the Ministry of Communications may organize a temporary survey outside the list of projects under port statistical surveys, and may designate the relevant department to directly submit the relevant statistical materials. Article 21. The projects under port statistical surveys include the projects under comprehensive port statistical surveys and the projects under specific port statistical surveys. The "projects under comprehensive port statistical surveys" refers to the projects under statistical surveys that can reflect the overall situation of a port. The "projects under specific port statistical surveys" refers to the projects under statistical surveys that can reflect a specific aspect of a port. Article 22. The projects under comprehensive port statistical surveys shall be preliminarily determined by the Ministry of Communications or the ports administrative department, be examined by the statistical organ of its own department and be submitted to the statistical organ under the people's government at the same level for examination and approval or archival filing, and be implemented by the statistical organ of the Ministry of Communications or the ports administrative department. The projects under specific port statistical surveys shall be preliminarily determined by the corresponding functional organ under the guidance of the Ministry of Communications or the ports administrative department, be examined by the statistical organ of its own department and be submitted to the statistical organ under the people's government at the same level for examination and approval or archival filing, and be implemented by the corresponding functional organ. The projects under comprehensive port statistical surveys and the projects under specific port statistical surveys shall be clearly divided, be interconnected with each other, and shall not be repeatedly carried out. Article 23. Before the projects under port statistical surveys are preliminarily determined, it is necessary to put forward an application for establishing projects, fill in an application form, state the basis for establishing projects, purposes and scope of surveys, main indicators, frequency of surveys, channels for submission and the fund budget and sources. After an application for establishing projects is approved, the plans and schemes on port statistical surveys shall be formulated. The plans on port statistical surveys include the names of projects, the investigation organ, purposes, scope, targets, methods, time and contents of surveys. The schemes on port statistical surveys include the investigation forms to be filled out by the objects under surveys and the written directions as well as the overall statistical forms to be sorted out and reported to the leadership and the written directions. Article 24. The Ministry of Communications and the ports administrative department shall be respectively responsible for examining and approving the applications for establishing projects under port statistical surveys put forward by their subordinate organs or entities, and examining the plans and schemes on port statistical surveys. If an investigation project established upon approval relates to a object of statistical survey, it shall be subject to the examination and approval of the statistical organ under the people's government at the same level. If it only relates to the ports administrative department, it shall be submitted to the statistical organ under the people's government at the same level for archival filing. The statistical organ under the Ministry of Communications or the ports administrative department shall complete the formalities for applying for the examination and approval or archival filing with the statistical organ under the people's government at the same level within 20 working days upon receipt of the materials about the investigation project examined, and shall submit the official documents on the arrangement of the investigation, the investigation scheme and investigation forms to the statistical organ under the people's government at the same level for archival filing within 20 working days upon receipt of the reply on the implementation of this investigation project. Article 25. To implement the plans and schemes on port statistical surveys, the investigation staff shall be determined and trained, and the working system for collecting, processing and submitting statistical materials shall be established, and the corresponding software for port statistical surveys shall be formulated in light of the requirements of the work. Article 26. An experiment shall be conducted before a key project of port statistical surveys is implemented, and the aforesaid project shall be organized and implemented on the basis of the alteration and improvement of the investigation scheme. Article 27. Each subject of port statistics shall timely collect and sort out the port statistical materials according to the requirements in the relevant statistical systems, conduct the statistical analysis of materials and submit the materials according to the relevant provisions. Article 28. The collection of port statistical materials includes the preparation, implementation and appraisal thereof. The tasks of preparation stage are to specify the contents of materials to be collected, determine the information sources, select the collect methods and formulate the collection strategies. The tasks of implementation stage are to find the necessary information from the information sources and collectively handle the aforesaid information. The tasks of appraisal stage are to weigh the quality, level, efficiency and benefits of the materials collected according to the system of appraisal indicators. Article 29. The sort-out of port statistical materials include the examination and gathering thereof. The tasks of examination stage are to inspect the accuracy, timeliness and integrity of materials. The tasks of gathering stage are to sort out the original materials and gather together the overall and each group of indicators. Article 30. The tasks of the port statistical analysis are to clarify the purposes of the analysis, design the analysis scheme, collect the relevant materials, use proper statistical analysis methods for research and make a statistical analysis report. Article 31. The statistical organs of the Ministry of Communications and the port administrative department shall uniformly organize the submission of port statistical materials. The direct or level-by-level submission model shall be adopted for the submission of port statistical materials according to the provisions on the system of port statistical statements annually printed and distributed by the Ministry of Communications and the ports administrative department. The direct submission model refers to such a method in which the object of port statistical surveys or the ports administrative department directly provides or submits the statistical materials to the Ministry of Communications. The level-by-level submission model refers to such a method in which the statistical materials are provided by the object of port statistical surveys to the ports administrative department, and then be submitted to the Ministry of Communications level by level after being sorted out. The statistical materials submitted by the functional organ of the Ministry of Communications or the ports administrative department shall be examined by the statistical organ of the aforesaid department, and a copy of statistical materials shall be sent to the statistical organ when they are submitted. Article 32. The port statistical analysis reports shall be submitted according to the relevant provisions formulated by the Ministry of Communications. Article 33. The Ministry of Communications and the ports administrative department shall establish and improve a data quality control and appraisal system for the projects under port statistical surveys, carry out the follow-up inspection of the implementation of projects under port statistical surveys, put forward schemes for solving problems encountered and supervise the implementation thereof. CHAPTER IV MANAGEMENT AND ISSUANCE OF STATISTICAL MATERIALS Article 34. The Ministry of Communications and the ports administrative department shall establish a pooling mechanism of port statistical information step by step. Article 35. Each subject of port statistics shall, in accordance with the provisions of the state on archival management, establish and improve an archival system of statistical materials, designate an organ or special persons to manage the original notes, statistical ledgers, statistical statements and other statistical materials. Article 36. Each subject of port statistics shall, in accordance with the laws, regulations and provisions on the confidentiality, establish a confidentiality system of port statistical materials. Article 37. The Ministry of Communications and the ports administrative department shall gradually establish a system for the forecast of port statistical information, and regularly announce the issuance time and contents of port statistical information to be issued on designated media. Article 38. The statistical materials about the projects of port statistical surveys provided and issued by the Ministry of Communications and the ports administrative department to the outside shall be examined by the person in-charge of statistics and issued upon signature of the person in-charge of the department. CHAPTER V SUPPLEMENTARY PROVISIONS Article 39. Where the ports administrative department commits any of the following illegal acts, the competent department under the State Council shall order it to make correction and circulate a notice on criticism; where the circumstance is comparatively serious but a crime is not constituted, the relevant department may impose administrative sanctions on the principal and other persons held to be directly responsible of the ports administrative department: (1) Giving a false report of or concealing statistical materials; (2) Forging or altering statistical materials; or (3) Refusing to submit statistical materials or repeatedly delaying the submission of statistical materials. Article 40. The check and evaluation of port statistical work shall be conducted according to the measures of the Ministry of Communications for the appraisal through comparisons and awards regarding the port statistical work. Article 41. The administrative department for maritime affairs shall take charge of the statistics of ships that enter or exit the ports and other projects of port statistical surveys assigned by the Ministry of Communications, and shall accurately and timely submit statistical materials. Article 42. These Measures shall come into force as of February 1, 2006. |
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