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REGULATION ON NATIONAL ECONOMIC CENSUS
 
(Order of the State Council of the People's Republic of China (No.415), September 5, 2004: The Regulation on National Economic Census is hereby promulgated, and shall come into force as of the date of promulgation)
     
     
SUBJECT : ECONOMIC CENSUS
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 09/05/2004
IMPLEMENT DATE : 09/05/2004
LENGTH : 2,545 words
TEXT :
TABLE OF CONTENTS

CHAPTER I GENERAL PROVISIONS
CHAPTER II OBJECTS, SCOPE AND METHOD OF ECONOMIC CENSUS
CHAPTER III FORM FORMAT, MAIN CONTENTS OF AND STANDARDS FOR ECONOMIC CENSUS
CHAPTER IV THE ORGANIZATION AND IMPLEMENTATION OF ECONOMIC CENSUS
CHAPTER V DATA HANDLING AND QUALITY CONTROL
CHAPTER VI DATA PUBLICITY, MATERIAL MANAGEMENT AND DEVELOPMENT AND APPLICATION
CHAPTER VII COMMENDATION AND PUNISHMENT
CHAPTER VIII SUPPLEMENTARY PROVISIONS


CHAPTER I GENERAL PROVISIONS

Article 1. The present Regulation is formulated in accordance with the Statistics Law of the People's Republic of China for the purpose of organizing the implementation of national economic census scientifically and effectively and ensuring the accuracy and timeliness of economic census data.


Article 2. The purpose of conducting economic censuses is to control the overall conditions of the development scale, structure and efficiency of the secondary industry and the tertiary industry of our country, establish and improve the directory and database system of the basic entities, and lay the foundation for doing research on and making national economic and social development plans, and to improve the decision-making and management level.


Article 3. The work of economic census shall be carried out in light of the principle of unified national leadership, the division of work and cooperation by each department, taking charge by local regions level by level, and joint participation by all the parties concerned.


Article 4. The state organs, public organizations, enterprises and institutions, other organizations and individual businesses shall actively take part in and closely cooperate with the economic census work in accordance with the Statistics Law of the People's Republic of China and the provisions of this Regulation.


Article 5. The publicity departments at all levels shall make full use of media such as newspapers and periodicals, radio broadcasts, television, internet and outdoor advertisements, etc. to do a good job in social publicity and mobilization of economic census.


Article 6. The expenses needed for economic census shall be jointly borne by the Central Government and the local people's governments at all levels, be listed into the financial budget of the corresponding year, and shall be allocated on time to ensure that they are properly used.

The expenses for economic census shall be managed uniformly, used as special funds for special purpose, and the outlay shall be strictly controlled.


Article 7. The economic census shall be carried out once every five years, the standard time point shall be December 31st of the year of census.



CHAPTER II OBJECTS, SCOPE AND METHOD OF ECONOMIC CENSUS

Article 8. The objects of economic census shall be all the legal person entities, entities of industry activities and individual businesses that undertake activities of the secondary and tertiary industry within the territory of the People's Republic of China.


Article 9. The objects of economic census shall have the duty to accept the investigation made by the economic census institutions and economic census personnel according to law.

The objects of economic census shall fill in the economic census form according to the facts in time, no one may falsely report, hide the truth in making reports, refuse to report or delay the report of economic census data.

The objects of economic census shall provide the materials relating to economic census in time according to the requirements of economic census institutions and staff members of economic census.


Article 10. The scope of industry of economic census shall include:

(1) Mining industry;

(2) Manufacturing;

(3) Electric power, gas and water production and supply industry;

(4) Construction industry;

(5) Communications and transportation, storage and postal industries;

(6) Information transmission, computer service and software industries;

(7) Wholesale and retail industries;

(8) Accommodation and catering industries;

(9) Finance industry;

(10) Real estate industry;

(11) Tenancy and business service industries;

(12) Scientific research, technological service and geological prospecting industry;

(13) Water conservancy, environment and public facilities management industries;

(14) Residents service and other service industries;

(15) Education;

(16) Sanitation, social security and social welfare industries;

(17) Culture, physical culture and entertainment industries; and

(18) Public management and social organizations etc..


Article 11. The method of overall investigation shall be adopted for economic census, but the spot check method may be adopted for the production and management conditions of individual business.



CHAPTER III FORM FORMAT, MAIN CONTENTS OF AND STANDARDS FOR ECONOMIC CENSUS

Article 12. In conducting economic censuses, questionnaires of legal person entities, entities of industry activities and individual businesses shall be created on the basis of different types of objects.


Article 13. The main contents of economic census shall include: the basic attribute of an entity, employees thereof, financial status, production and management conditions, throughput, consumption of raw materials and energy, and scientific and technological activities, etc..


Article 14. The statistical classification standards and catalogues prescribed by the state shall be adopted for an economic census.



CHAPTER IV THE ORGANIZATION AND IMPLEMENTATION OF ECONOMIC CENSUS

Article 15. The State Council establishes a leading group for economic census and the office thereof. The leading group for economic census shall be responsible for the organization and implementation of economic census. The office of the leading group is established in the State Administration of Statistics, and is responsible for the routine organization and coordination of economic censuses.

The relevant departments of the State Council shall perform their own duties, closely cooperate with each other, and do the relevant work well.


Article 16. The local people's governments at all levels shall establish a leading group for economic census and a corresponding office, and organize the implementation of local economic census work in light of the unified provisions and requirements of the leading group of economic census of the State Council and its office.

The sub-district office and residents' (villagers') committee shall widely mobilize and organize the social power to actively participate in and earnestly do well the economic census work.


Article 17. The relevant departments of the State Council and the local people's governments at all levels shall establish economic census institutions, which are responsible for completing the economic census tasks appointed by the offices of the leading groups for economic census of the State Council and the local people's government of the corresponding level.


Article 18. Large enterprises shall establish economic census organs, which are responsible for the work of completing and reporting the economic census form of their own enterprises. Other various legal person entities shall designate relevant personnel to be responsible for the completing and reporting of economic census form of their own entities.


Article 19. The local economic census institutions at all levels shall hire or transfer census directors and census enumeraters from relevant entities after negotiation upon the need of the work. All the relevant entities shall positively recommend qualified personnel to act as census directors and census enumeraters.

The census directors and census enumeraters shall be in good health, have a strong sense of responsibility and have corresponding professional knowledge.


Article 20. The personnel hired shall be paid labor remunerations by the local economic census institutions. The wages of the personnel transferred after negotiation shall be paid by the original entities, and their welfare and treatment shall remain unchanged.


Article 21. The local economic census institutions at all levels shall offer uniform professional training to census directors and census enumeraters, and issue, after examination, a certificate of census directors and census enumeraters to those who are qualified. The census directors and census enumeraters shall offer to show their certificates during performing economic census tasks.

The census enumeraters shall be responsible for organizing and directing objects of economic census to fill in economic census forms, and the census directors shall be responsible for directing and inspecting the work of census enumeraters.


Article 22. The census directors and census enumeraters are entitled to consult the relevant original documents of finance and accountant, statistics and business accounting and the relevant business management certificates in relation to the economic census of any legal person entity, entity of production activities and individual business, and are entitled to request the objects of economic census to correct the inaccurate contents in their economic census forms.


Article 23. The economic census institutions at all levels shall check the entities during the period of preparation for economic census and accurately define the kinds of economic census forms.

The departments of staffing, civil affairs, taxation, industry and commerce, quality inspection at all levels and other departments that have functions of examination and approval and registration shall be responsible for providing the materials of the entities subject to their examination and approval and registration to the economic census institutions at the corresponding level, and do the work well for entity check together.

The economic census institutions at the county level shall make verification and check one by one in light of the economic census districts on the basis of the directory of the basic entities in combination with the entity materials provided by the relevant departments, so as to form into a directory of economic census entities.


Article 24. The economic census institutions at the county level shall do well the work for the distribution, collection, checking, writing down and report of economic census forms according to the entity directory formed through checking.

Legal entities shall fill in the questionnaire of legal person entities and shall be responsible for organizing their subordinate entities of production activities to fill in the questionnaire of entities of production activities.


Article 25. The economic census institutions at all levels and the economic census personnel shall exercise their power of investigation, report and supervision independently according to law, with which no entity or individual may interfere.

No leader of each region, department or entity may alter, without permission, the economic census materials provided by any economic census institution or economic census personnel according to law, nor shall they order by force or authorize any economic census institution or economic census personnel to juggle the economic census materials or draw up false data.



CHAPTER V DATA HANDLING AND QUALITY CONTROL

Article 26. The work for processing the data of economic census shall be implemented by the economic census institutions at or above the county level.

The office of the leading group of economic census of the State Council shall be responsible for providing the data processing standards and procedures used for all the local regions.

The local economic census institutions at all levels shall carry out the data processing in accordance with the unified requirements and standards of the office of the leading group of economic census of the State Council, and report the economic census data level by level.


Article 27. After the end of economic census data processing, the economic census institutions at all levels shall do a good job in making backup copies of data and putting them into the database, establish and perfect the directory of basic entities and the database system, as well as strengthen routine management and maintenance and update.


Article 28. The local economic census institutions at all levels shall establish post responsibility system for quality control of economic census data in accordance with the unified provisions of the office of the leading group of economic census of the State Council, and make quality control and check and acceptance on each link in the implementation of economic census.


Article 29. The office of the leading group of economic census of the State Council shall organize the work for quality spot check of economic census data uniformly, the result of the spot check shall be regarded as the main basis for appraising the quality of the economic census data of the whole nation and all the local regions.

The economic census institutions at all levels shall make a careful analysis and comprehensive appraisal on the collective data of economic census.



CHAPTER VI DATA PUBLICITY, MATERIAL MANAGEMENT AND DEVELOPMENT AND APPLICATION

Article 30. The economic census institutions at all levels shall publicize economic census gazettes in accordance with the state provisions.

The local economic census institutions at all levels shall be subject to the approval of the upper level economic census institutions when publicizing economic census gazettes.


Article 31. The economic census institutions at all levels shall do a good job in keeping and managing economic census data and providing service to the general public, and make development and application on economic census materials.


Article 32. The economic census institutions and their staff members shall observe the relevant provisions of the Statistics Law of the People's Republic of China and the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China, and perform the duty of keeping to themselves state secrets and commercial secrets of the objects of economic census they know in economic census.


Article 33. The materials relating to the entities and individuals obtained through economic census shall be restricted strictly to economic census purpose, and shall not be regarded as the basis for implementing punishment on objects of economic census by any entity.



CHAPTER VII COMMENDATION AND PUNISHMENT

Article 34. The advanced collectives and advanced individuals that have made great contributions to the economic census work shall be given honor and awards by all levels of economic census institutions.


Article 35. In case any leader of any local region, department or entity revises economic census materials without permission, fabricates false data or orders by force or authorizes any economic census institution, economic census personnel to juggle economic census materials or fabricate false data, he shall be subject to administrative punishment or disciplinary punishment according to law, and the statistical institutions of the people's government at or above the county level shall circulate a notice of criticism.

In case any economic census personnel participates in the juggling of economic census materials, or fabricating of false data, the statistical institutions of the people's government at or above the county level shall circulate a notice of criticism and give administrative punishment or suggests the relevant department or entity give administrative punishment or disciplinary punishment according to law.


Article 36. In case any economic census object has any one of the following illegal acts, the statistical institutions of the people's government at or above the county level shall order it to correct and circulate a notice of criticism; if the circumstances are serious, the relevant departments or entities shall be suggested to give administrative punishment or disciplinary punishment on the person-in-charge who is directly liable and other personnel of direct liable according to law:

(1) Refusing or impeding the investigation conducted by any economic census institution or economic census personnel according to law;

(2) Providing false or incomplete economic census materials; or

(3) Failing to provide materials relating to economic census, and still failing to do so after being urged to make report.

In case any enterprise or institutional organization has any of the illegal acts enumerated in the preceding paragraph, the statistical institutions of the people's government at or above the county level shall give it a warnings and impose upon it a fine of less than RMB 50 thousand Yuan; if any individual business has any of the illegal acts enumerated in the preceding paragraph, the statistical institutions of the people's government at or above the county level shall give it a warnings and impose upon it a fine of less than RMB 10 thousand Yuan.


Article 37. The economic census institutions at all levels shall set up informants' hot-line telephone to accept the complaint and supervision of all circles of the society over the illegal acts of any entity or individual and give award to the person who makes contributions to such report.



CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 38. This Regulation shall come into force as of the date of its promulgation.
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