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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II STATISTICS INSTITUTIONS AND STATISTICIANS CHAPTER III COLLECTION AND SUBMISSION OF STATISTICAL INFORMATION CHAPTER IV STATISTICAL SURVEY AND STATISTICAL ANALYSIS CHAPTER V PUBLICITY OF STATISTICAL INFORMATION CHAPTER VI STATISTICAL SUPERVISION AND MANAGEMENT CHAPTER VII REWARDS AND PENALTIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated in accordance with the Statistics Law of the People's Republic of China, the Insurance Law of the People's Republic of China, the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China and other relevant laws, administrative regulations for the purpose of strengthening administration on insurance statistics and ensuring the authenticity, completeness, accuracy and timeliness of insurance statistical information. Article 2. The "insurance statistics" mentioned in the present Provisions shall refer to the following activities: (1) The China Insurance Regulatory Commission (hereinafter referred to the CIRC) and its detached offices shall make investigation, collection, sort-out, analysis on the materials that reflect the business conditions of insurance institutions, provide statistical information and statistics consulting opinions, and conduct supervision over and administration on insurance statistics; and (2) The insurance institutions shall make investigation, collection, sort-out, and analysis on the materials that reflect the business conditions of their own institutions, provide statistical information and statistics consulting opinions, and make administration on insurance statistical work of their own institutions. Article 3. The "statistical information" mentioned in the present Provisions shall refer to the relevant reports, statements, documents and materials reflecting the business conditions of an insurance institution, which are submitted to the CIRC and its detached offices by the insurance institution according to law, including statistical data that reflecting the finance and business status, analysis on business conditions, and other statistical materials prescribed by the CIRC. Article 4. The basic task of the CIRC and its detached offices in statistical work shall be: gathering, auditing, collecting, analyzing and publicizing statistical information of insurance institutions, carrying out prediction on statistics, and providing reference and basis for the decision-making on conducting insurance supervision and promoting the healthy development of the insurance industry. The basic tasks of an insurance institution in statistical work shall be: completing various insurance statistical work, carrying out statistical analysis and prediction, and submitting relevant insurance statistical information truthfully, completely, accurately and in time. Article 5. The principle of objectiveness, science, unification and timeliness shall be followed in insurance statistical work. Article 6. The administrative structure under unified leadership with each level assuming responsibility for its own work shall be implemented for insurance statistical work. The CIRC shall be responsible for the supervision over and administration of the national insurance statistical work, managing the statistical information of national insurance industry; the detached offices of the CIRC shall be responsible for supervising over and administering the relevant insurance statistical work within their own jurisdictions upon the authorization of the CIRC, and manage the statistical information of the insurance industry within their jurisdictions. An insurance institution shall be responsible for the insurance statistical work of its own institution. Article 7. Any statistics institution or statistician shall have the duty to keep confidential on the state secrets it/he knows of in the insurance statistical work and the business secrets of the objects of statistics investigation. Article 8. The "insurance institutions" mentioned in the present Provisions shall refer to the commercial insurance companies and their branches established upon the approval of the CIRC and its detached offices and registered according to law. CHAPTER II STATISTICS INSTITUTIONS AND STATISTICIANS Article 9. The CIRC shall perform the following functions of statistical work: (1) Drafting out insurance statistics bylaws and statistical standards, establishing and perfecting insurance statistics index system; and (2) Being responsible for the design, development, maintenance, management and upgrading of the statistical information system of the CIRC. Article 10. The CIRC and its detached offices shall perform the following functions of statistical work: (1) Organizing, coordinating and managing the statistical work of insurance institutions, and formulating and implementing plans for statistical work of insurance institutions; (2) Gathering, auditing, collecting and analyzing insurance statistical information, compiling statistics analysis report, and publicizing the relevant insurance statistical information; (3) Managing insurance statistical information, establishing and maintaining statistical information database of insurance industry; (4) Organizing and implementing statistical survey and statistical supervision over and inspection on insurance industry; and (5) Organizing vocational training on insurance statisticians. Article 11. An insurance institution shall establish or designate a functional department to be responsible for statistical work, set up a statistics post, and equip with corresponding statisticians. Article 12. An insurance institution shall perform the following functions of statistical work according to law: (1) Managing the insurance statistical work of its own institution; (2) Formulating the insurance statistics bylaws of its own institution; (3) Gathering, collecting, compiling, and managing the insurance statistical information of its own institution, and reporting and submitting statistical information according to law to the CIRC and its detached offices and other relevant institutions; (4) Completing the statistical survey tasks deployed by the CIRC and its detached offices, and carrying out statistical surveys, analyses and predictions inside the insurance institution; (5) Strengthening construction on statistical information automatic system, and establishing and perfecting statistical information management system; (6) Organizing the implementation of statistics laws and regulations and statistics quality inspection; and (7) Organizing vocational training on insurance statisticians. Article 13. The staffing of statisticians shall comply with the following requirements: (1) The statisticians shall stick to the principle of seeking truth from facts, scrupulously abide by professional ethics, and have the professional knowledge as is necessary for completing statistical work; (2) There shall be as many statisticians as proper for the statistical work; and (3) The statisticians shall be relatively stable. CHAPTER III COLLECTION AND SUBMISSION OF STATISTICAL INFORMATION Article 14. The insurance statistical information may take the form of questionnaire and may be gathered and submitted through network system, fax, and other ways. Article 15. The insurance statistics year shall be the year of the Gregorian calendar, that is, starting from zero minute, zero hour of January 1st of each year till the 24 o'clock of December 31 of the current year. Article 16. The frequency for an insurance institution to report and submit statistical information to the CIRC and its detached offices shall be: monthly special report, monthly report, quarterly report, semi-annual report, annual report and irregular report. The CIRC may alter the frequency for reporting and submitting the insurance statistical information upon the need of supervision. Article 17. The time for submitting insurance statistical information shall be: a monthly special report shall be made within the first two workdays of the next month; a monthly report shall be made within the first 10 days of the next month; a quarterly report, semi-annual report or annual report shall be made within the first 12 days of the next quarter, the second half of the year and the next year. An irregular report shall be submitted in light of the provisions of the CIRC. The time for submitting the aforesaid monthly report, quarterly report, semi-annual report and annual report may be postponed for 3 days in case the report date is May 1, October 1, or the holidays in Spring Festival. The CIRC may alter the time for submitting the statistical information upon the need of supervision. CHAPTER IV STATISTICAL SURVEY AND STATISTICAL ANALYSIS Article 18. The CIRC and its detached offices may make statistical surveys on any insurance institution upon needs. The main contents of a statistical survey shall include the business operation status of an insurance institution, financial status and the staffing of personnel of an institution. Article 19. The CIRC and its detached offices shall periodically analyze and make research on insurance market and the conditions for macro-economic development, and make investigation and research into conditions such as its influence on the development of insurance industry. An insurance institution shall make periodical analysis on the insurance business conditions of its own institution. CHAPTER V PUBLICITY OF STATISTICAL INFORMATION Article 20. The CIRC shall periodically publicize statistical information on insurance industry nationwide through the website of the CIRC. The detached offices of the CIRC shall publicize statistical information on insurance industry within their own jurisdiction periodically according to the relevant provisions of the CIRC. Article 21. The following contents shall not be included in the statistical information on insurance industry publicized by the detached offices of the CIRC: (1) Insurance statistical information that has not been publicized outside their own jurisdiction; (2) The conclusion on the comparison with and analysis on the preceding insurance statistical information. Article 22. An insurance institution shall publicize relevant statistical information according to law. The statistical information publicized by any insurance institution shall not do harm to the lawful rights and interests of any other entity or individual. Article 23. No entity or individual may open, without permission or approval, the insurance statistical information concerning state secrets. The relevant laws, administrative regulations and other provisions on keeping secrets shall be followed for the publicity and management of insurance statistical information involving state secrets. CHAPTER VI STATISTICAL SUPERVISION AND MANAGEMENT Article 24. An insurance institution shall report and submit statistical information truthfully, completely and accurately in accordance with the provisions of the CIRC and its detached offices. Article 25. No insurance institution may delay, omit, hide, falsify, refuse to report, forge or juggle any statistical information, and the statistical information submitted shall not be misleading. Article 26. An insurance institution shall take measures to ensure the consistency of statistical information. Article 27. The CIRC and its detached offices shall make inquiry to any data institution when discovering any question in the process of auditing statistical information. Article 28. In case there is any mistake in the statistical information submitted by any insurance institution, the CIRC or its detached offices shall have the right to order the insurance institution to correct it and make written statements. Article 29. No responsible person of any insurance institution may revise in violation of regulations any statistical information provided by any statistics institution or statistician in accordance with the relevant provisions, or order by force or incite any statistics institution or statistician to juggle or compile false statistical information; if he discovers any mistake in the computation of any statistical information or sources of data, he shall point it out, and the statistics institution shall verify and correct it according to the relevant provisions. Article 30. The institution with legal person status of any insurance institution and its branches shall designate a responsible person of the institution respectively as the responsible person for insurance statistics. The institution with legal person status of any insurance institution and its branches shall designate an internal functional department respectively as the statistics contact department, whose major person-in-charge shall be the contact person for insurance statistics. The detached offices of the CIRC shall prescribe the specific scope of the branches in the preceding two paragraphs in light of the reality of their own jurisdictions. Article 31. An insurance institution shall report to the CIRC or its detached offices within 10 workdays after designating or altering the responsible person for insurance statistics and contact person for insurance statistics. Article 32. The statistical information reported by an insurance institution shall be audited and confirmed by the legal representative or the main responsible person of the branches. Article 33. The CIRC and its detached offices shall establish system of circulating a notice of report on submission of insurance statistical information, examine the conditions concerning the time for the late report of statistical information or revision of the statistical information reported by any insurance institution and the quality of statistical information data, and publicize the examination result periodically. Article 34. The CIRC and its detached offices shall be responsible for making statistical supervision and inspection on insurance institutions. The contents of statistical supervision and inspection shall mainly include the implementation of the statistical system of insurance institutions, setup of statistics posts, staffing of statisticians and the relevant conditions on statistical information quality, etc. Insurance institutions shall accept the statistical supervision and inspection conducted by the CIRC and its detached offices. Article 35. An insurance institution shall make examination and summaries of the statistical work of its own institution periodically and correct the problems discovered in time, if any. CHAPTER VII REWARDS AND PENALTIES Article 36. The CIRC shall make appraisal through comparison on the insurance statistical work of its own department, and give commendation, record a merit, record a great merit, promotion, upgrade, or grant a honorable title respectively to any insurance statistician or collective that has any of the following performances, and may give certain award: (1) Making outstanding contributions to the reform and perfection of insurance statistical system, statistical methods and other aspects; (2) Making prominent achievements in completing insurance statistics survey tasks, ensuring the accuracy and timeliness of statistical materials, and other aspects; (3) Having certain innovation and gaining important achievements in making insurance statistical analysis, prediction and supervision, and other aspects; (4) Getting obvious effects in applying and popularizing modern information technology to make insurance statistics; (5) Making important contributions to improving insurance statistics education and statistical vocational training, making scientific research of statistics, and improving scientific level of statistics, etc; (6) Having outstanding performance in being true to the fact, handling affairs according to law, and struggling against the violations of the statistics laws and regulations and statistical systems; or (7) Having merit in disclosing or reporting insurance statistics illegal acts. The aforesaid provisions shall be referred to for the appraisal by analogy by any insurance institution on insurance statistical work of its own institution. Article 37. In case any insurance institution violates the present Provisions and has any of the acts prescribed in Article 38 or 39, the CIRC or its detached offices may have a supervision talk with it. Article 38. In case any insurance institution violates the present Provisions, and has any of the following acts, it shall be given warnings and ordered to correct; if it does not correct exceeding the time limit, it shall be imposed a fine of RMB 10,000 Yuan up to RMB 100,000 Yuan: (1) Failing to submit the relevant statistical information according to the prescribed time; (2) There are major omissions on the statistical information; or (3) There are misrepresentations on the statistical information. Article 39. In case any insurance institution violates the present Provisions and has any of the following acts, it shall be given warnings, and ordered to correct, imposed a fine of RMB 10,000 Yuan up to RMB 50,000 Yuan; if the circumstances are serious, it may be restricted the business scope, it shall be ordered to stop accepting new business or revoked permit for operation of insurance business: (1) Providing false statistical information; or (2) Refusing or obstructing the inspection and supervision conducted according to law. Article 40. In case any of the statisticians of the CIRC and its detached offices has any of the following acts, his entity or the upper level entity shall give him such disciplinary punishments as warnings, severe warnings, a demerit for the record, a special demerit for the record, or degradation: (1) Falsely reporting, forging or juggling insurance statistical information; or (2) Publicizing insurance statistical information by himself exceeding power in violation of the secrecy clauses of the present Provisions, which results in serious consequences. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 41. The provisions of laws, regulations or the provisions of the CIRC, if any, shall apply to the insurance statistical work of the following institutions; if there are no provisions on laws, administrative regulations or the CIRC, the present Provisions shall be applied: (1) Insurance intermediary institutions; (2) Insurance group companies; (3) Insurance shareholding companies; (4) Policy-oriented insurance companies; (5) Insurance assets management companies. Article 42. The provisions of the present Provisions on the work of insurance statistics of the institution of the insurance company with legal person status shall be applicable to the insurance statistical work of any branch of any foreign insurance company. Article 43. The detached offices of the CIRC may formulate detailed implementation rules according to the present Provisions. Article 44. The power to interpret the present Provisions shall remain with the CIRC. Article 45. The present Provisions shall come into force as of November 1, 2004. The Interim Measures for the Administration of Insurance Regulatory Statements, which were promulgated on February 23, 1999 by the CIRC shall be repealed simultaneously. |
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