Regulations of Shanghai Municipality on Statistics Administration

 2018-10-18  282


 (Adopted at the 6th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on December 15, 1993; amended in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Statistics Administration adopted at the 38th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on August 13, 1997; amended for the second time in accordance with the Decision on Amending 12 Local Rules Including the Regulations of Shanghai Municipality on the Administration of Materials for Construction Works adopted at the 22nd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 23, 2015)

 

Article 1

With a view to meeting the needs of socialist market economy and social development, strengthening the administration and supervision of statistical work of this Municipality, ensuring the truthfulness, accuracy of statistical data, and truthfully reflecting the economic and social development of this Municipality, these Regulations are formulated in accordance with the Rules for the Implementation of the Statistics Law of the People's Republic of China, and in the light of the actual circumstances of this Municipality.

Article 2

State organs, social organizations, enterprises, public institutions, all types of joint economic organizations and the self-employed shall, in accordance with the provisions of the state statistical laws, regulations, and these Regulations, accurately and promptly provide statistical data.

Self-governing mass organizations at the grass-roots level and citizens shall be obliged to provide truthful information needed in statistical investigations of the state and this Municipality.

Article 3

People's governments at all levels shall strengthen the leadership over statistical work and ensure the normal operation of statistical work.

The Municipal Statistics Bureau, which is the competent administrative department of the statistical work of this Municipality, exercises its functions and powers with regard to the administration, coordination, supervision and examination of the statistical work of this Municipality. The Municipal People's Government and other departments shall, according to their respective duties, establish statistics institutions or appoint institutions to administrate statistical work, so as to coordinate with the Municipal Statistics Bureau to do a good job in the statistics administration.

The district/ county people's governments shall establish independent statistics institutions to exercise their functions and powers with regard to the administration, coordination, supervision and examination of their statistical work. In terms of the professional statistical work, they shall be subject to the leadership of the Municipal Statistics Bureau. Other departments of the district/ county people's governments may establish statistics institutions or assign staff for the statistical administrative work.

The town/township people's governments shall, according to their needs, assign statisticians and designate assistants to take charge of the statistical work. The sub-district offices shall designate their full-time or part-time statisticians.

All enterprises, public institutions shall, according to their needs, establish statistics institutions or assign statisticians in the relevant institutions and designate person(s) to be in charge of the statistical work.

Article 4

The Municipal Statistics Bureau, the statistics institutions and other departments of the district/county people's governments shall regularly organize the statistical staff for vocational studies and on-job training.

Article 5

Statistics institutions and statisticians shall independently exercise their functions and powers with regard to statistical investigations, statistical reports and statistical supervision in accordance with the provisions of the statistical laws, regulations and statistical systems, and shall truthfully provide statistical data, accurately and promptly accomplish the statistical task and guard state secrets.

Article 6

The statistics institutions and other departments of the Municipal People's Government, district/county people's governments may establish statistical inspection agencies, or designate statistical inspectors to perform the duty of statistical inspection.

Statistical inspectors shall be issued with the Statistical Inspection Certificate after training by the Municipal Statistics Bureau and conduct statistical inspection with the certificate.

When conducting statistical inspections, statistics institutions and inspectors shall have the right to send out Inquiries for Statistical Inspections, which shall be answered accurately and promptly by the leaders and persons in charge in the inspected units.

Article 7

Where leaders or persons in charge of the statistical work of all districts, departments and units have found that the statistics institutions and statisticians provide untruthful statistical data, they shall order the statistics institutions and statisticians to reexamine. The statistics institutions and statisticians shall reexamine and submit the report for revising or no revising.

Article 8

The municipal statistical investigation projects newly needed, according to the economic and social development of this Municipality, shall be implemented according to the decision of the Municipal Statistics Bureau and be reported to the Municipal People's Government for the record. Important statistical investigation projects shall be submitted by the Municipal Statistics Bureau to the People's Government for approval and implementation, except for the statistical investigation projects provided by the State and the routine statistical investigation projects.

The municipal investigation forms shall be worked out by the Municipal Statistics Bureau solely or jointly with the relevant competent administrative departments.

The professional statistical investigation forms issued by other departments of the Municipal People's Government, district/county people's governments shall be worked out, if the investigation scope is within its jurisdiction, by the department concerned and be reported to the statistics institution of the people's government at the same level for the record; if the investigation scope is beyond its jurisdiction, the statistical investigation forms shall be worked out by the department concerned and be submitted to the people's governments at the same level for examination and approval.

Regional statistical investigation forms shall be worked out by the district/county people's governments solely or jointly with relevant departments.

Where the non-permanent institutions of this Municipality, the districts and county need to work out and issue statistical investigation forms, they shall report to the statistics institutions of the people's governments at the same level for examination and approval.

Article 9

Where statistical investigation forms are formed, directions shall be attached, clarifying the investigation objectives, contents, objects, methods, duration, classification catalogue, index implications, computing methods, statistical coding, filling unit, completion date.

Article 10

Investigation forms shall be concise and to the point. Classification catalogues and coding shall be executed according to the State standard or the standard of the Municipal Statistics Bureau.

The name of the designing institution, the serial number of the forms, the name of approval or filling organs, and the serial number of approval shall be indicated in the upper right-hand corner of all kinds of approved or filed forms of statistical investigation.

Article 11

Where the departments of the people's governments need to add investigation items to the statistical investigation forms issued by the Municipal Statistics Bureau, they shall report to the Municipal Statistics Bureau for the record.

Article 12

The Municipal Statistics Bureau and the statistics institutions of the district/county people's governments shall examine the submitted statistical investigation forms, and shall promptly approve the forms that conform to the provisions.

Any unit or individual shall have the right to refuse to fill out the unproved statistical investigation forms and report to the statistics institutions of the people's governments. Statistics institutions of the people's governments shall have the right to stop the unauthorized acts of issuing statistical investigation forms.

Article 13

The Municipal Statistics Bureau, the statistics institutions and other departments of the district/county people's governments shall regularly clean up the statistical investigation forms issued by the local districts and the departments themselves. The statistical investigation forms that are no longer applicable shall be revised or abolished promptly. The cleaning result shall be reported to the statistics institutions at higher level for the record.

Article 14

The Municipal Statistics Bureau, the statistics institutions of the district/county people's governments are responsible for examining, announcing and publishing basic statistical data of this Municipality or the local districts, and promptly issuing statistical bulletins and other kinds of statistical data in various ways.

The statistical data of this System made known to the public by the other departments of the people's governments shall be in conformity with the relevant data approved by the statistics institutions of the people's governments at the same level.

Where the news and publishing units need to publish the unreleased basic statistical data of economic and social development, the municipal data shall be examined and approved by the Municipal Statistics Bureau; and the regional data shall be examined and approved by the relevant statistics institutions of the district/county people's governments.

Article 15

All units and individuals, when publishing or using statistical data, shall comply with relevant provisions of state secrets.

Statistics institutions and statisticians at all levels shall keep confidential the investigation materials that belong to individuals, families or legal entities.

Article 16

The central units and other nonlocal units located in this Municipality shall, when submitting statistical data submitted to their competent administrative departments, simultaneously send a copy to the Municipal Statistics Bureau or relevant statistics institutions of this Municipality according to the provisions.

Article 17

The various statistical data of other departments of the people's governments that assess the development level, work achievements, of the local districts, departments or enterprises, shall be based on the statistical data approved by the statistics institutions of the people's governments at the same level.

Article 18

All social organizations, enterprises, public institutions or individuals that need to know about relevant statistical data of this Municipality may check with the Municipal Statistics Bureau or the statistics institutions of the district/county people's governments, or entrust them with investigation.

The statistics institutions of the people's governments at all levels shall provide good consulting services of statistical information and make full use of all the information that may be disclosed to serve the public.

Service fees shall be charged for the consulting services of statistical information, in conformity with the relevant provisions of the State, but beyond the provisions of the statistics laws, regulations and systems. The specific procedures shall be formulated by the Municipal Statistics Bureau jointly with the competent departments of this Municipality.

Article 19

The Municipal Statistics Bureau, the statistics institutions of the district/county people's governments, all the departments and units shall give awards to the units and individuals that make significant achievements in statistical work, and have outstanding performance in implementing statistical laws and regulations.

Article 20

Whoever commits any of the following acts shall be ordered to make corrections and be criticized in a circulated notice by the Municipal Statistics Bureau, or the statistics institutions of the district/county people's governments; if the case is serious, the relevant leaders or individuals directly in charge of the matter shall be punished with disciplinary sanctions by their departments and units, or their competent authorities, supervision authorities at higher level:

1.       misrepresenting, concealing, forging or falsifying statistical data;

2. refusing to submit or repeatedly delaying reports on statistical data, in violation of the state statistical administrative provisions;

3. jeopardizing public interests or being engaged in fraudulent activities by making use of statistical investigation;

4. prompting and compelling statisticians to revise statistical data according to his/her intention by making use of their powers;

5. obstructing statistics institutions, statisticians from exercising their functions and powers according to the law, creating difficulties for or retaliating against the informer;

6. issuing statistical investigation forms without approval;

7. releasing statistical data without permission or approval; or

8. violating the relevant confidentiality provisions in the statistical laws and regulations.

Enterprises, public institutions, the self-employed that commit any of the first three acts provided in the preceding clause shall be given a disciplinary warning by the Municipal Statistics Bureau, or the statistics institutions of the district/county people's governments, and may be imposed a fine of not less than 1000 yuan but not more than 50000 yuan, and the illegal gains, if any, shall be confiscated.

Procedures for punishments shall be formulated by the Municipal People's Government.

Article 21

The parties concerned, if refuses to accept the decision of administrative punishments, may apply for reconsideration or bring a lawsuit to the People's Court according to the law.

Where the parties concerned fails to apply for reconsideration, or bring a lawsuit to the People's Court, or implement the decision of punishments within the time limit, the organs that have made the decision of punishments may apply to the People's Court for enforcement.

Article 22

The staffs of statistics institutions of the people's governments, neglecting their duties, engaging in malpractice for personal gains, abusing their powers and performing other acts in violation of statistical laws, regulations and statistical systems, if their acts do not constitute a crime, shall be punished with disciplinary sanctions by their departments or the competent authorities at higher level.

Article 23

If their wrongful acts constitute a crime, the wrongdoers violating the statistical laws and regulations shall be prosecuted by judicial organs for criminal liability as provided by law.

Article 24

The Municipal Statistics Bureau shall organize the implementation of these Regulations and be responsible for the interpretation of the specific application of these Regulations.

Article 25

These Regulations shall be effective as of October 1, 1997.