403 Administrative Measures of Shenzhen Municipality on Statistical Agency[深圳市统计代理管理办法2009]

　　(Promulgated by Decree No. 200 of Shenzhen Municipal People’s Government on March 2, 2009) 

　　Article 1 In order to nurture and develop statistical agency market, to standardize statistical agency acts, and to full play the role of statistical agency institutions and their practitioners in the statistical work, these Measures are formulated in accordance with the provisions of relevant laws and regulations. 

　　Article 2 These Measures shall apply to statistical agency activities as well as their supervision and management in Shenzhen municipality. 

　　Article 3 The term of statistical agency as used in these Measures refers to the acts of statistical agency institutions, which are established under law, of accepting authorization and carrying out paid statistical business in accordance with relevant statistical standards, systems and other technical requirements. 

　　The term of statistical agency institution as used in these Measures refers to the statistician firm or other intermediary service institution which is established under law and carries out statistical agency business. 

　　The term of statistical agency practitioner as used in these Measures refers to the professional person who has legally obtained a statistical practice qualification or a statistical technical certificate prescribed by the State, practices in statistical agency institutions, and uses his expertise and skills to carry out statistical business activities. 

　　Article 4 Lawful practicing by statistical agency institutions and their practitioners shall be protected by law. No unit or individual may illegally interfere the practicing.  

　　Statistical agency institutions and their practitioners shall be objective, fair and honest when practicing, and shall ensure the accuracy, timeliness and comprehensiveness of their statistical work. 

　　The statistical investigation target may authorize and select a statistical agency institution on a voluntary basis. No unit or individual may compel an investigation target to authorize a statistical agency institution to represent statistical business, or designate a specific statistical agency institution to represent statistical business. 

　　Article 5 The Statistical Department of Shenzhen Municipal Government (hereinafter referred to as the Municipal Statistical Department) shall be the competent department of the statistical agency industry in Shenzhen, which shall be responsible for drafting the relevant policy documents, guiding the statistical departments of district governments (hereinafter referred to as District Statistical Departments) to carry out supervision and inspection of the statistical agency industry. Each district statistical department shall be specifically responsible for the business guidance and supervision of the statistical agency industry within its jurisdiction. 

　　The relevant municipal and district functional departments shall coordinate with the statistical department and assist it in the monitoring and service to the statistical agency institutions in accordance with relevant provisions.  

　　Article 6 The establishment of statistical agency institution shall be subject to the following provisions: 

　　1. There shall be more than three statistical agency practitioners, at least two of which shall have the qualification of statistician or higher. The provisions of laws or regulations shall prevail if they provide otherwise; 

　　2. Applicants shall apply to the local administration authority of industry and commerce for taking the form of partnership in accordance with the provisions of relevant laws and regulations. The provisions of laws or regulations shall prevail if they provide otherwise.   

　　Every statistical agency institution shall maintain itself meeting with the establishment conditions prescribed by relevant laws and regulations, as well as the quantity and qualification requirements on practitioners as prescribed in the preceding paragraph, and shall ensure the quality of its statistics agency work. 

　　No civil servant of any State administrative organ may work part-timely in any statistical agency institution. 

　　Article 7 The administrative authority of industry and commerce shall synchronize over the network the relevant information with statistical departments in real time when handling registration or alteration for a statistical agency institution. 

　　Article 8  The statistical department or another administrative department may entrust a statistical agency institution to engage in the following statistical business activities: 

　　1. to organize and carry out statistical investigation, and to produce investigation reports and economic analysis reports for reference by statistical departments; 

　　2. to examine and verify the statistical data reported by statistical investigation targets, and to issue examining reports for reference by statistical departments; 

　　3. to design statistical reports, to sketch out statistical work plans and other affairs related to statistical work. 

　　For major general investigation of national conditions and strength, statistical departments may include statistical agency institutions in the joint investigation 

　　Statistical departments or other administrative departments shall abide by the relevant provisions on government procurement when entrusting statistical agency institutions to carry out statistical investigation. 

　　Article 9  No statistical department or other administrative department may entrust any statistical agency institution with any one of the following matters as a representative:  

　　1. the matters that must be handled by the statistical department or another administrative department by exercising administrative power in accordance with laws or regulations; 

　　2. the matters that may cause adverse consequence if entrusted to a statistical agency institution as a representative.   

　　Article 10 A statistical investigation target may entrust a statistical agency institution to engage in the following statistical business activities: 

　　1.  carrying out daily statistical work on the target’s behalf, which includes the work of establishing, strengthening statistical accounts and management systems of statistical materials according to law, and submitting statistical reports and provisional statistical questionnaires in a timely manner; 

　　2.  examining and verifying the authenticity of relevant statistical data, issuing examining reports for reference by statistical departments. 

　　Article 11 Besides the businesses prescribed in the provisions of Articles 8 and 10 of these Measures, a statistical agency institution may also legally engage in the following statistical business: 

　　1. to be entrusted by a unit or individual to organize and carry out commercial investigation; 

　　2. to engage in advisory service on statistical information; 

　　3. to operate statistical information products resulting from arrangement and processing of statistical information; 

　　4. to carry out foreign-related investigation in accordance with relevant State provisions; 

　　   5. other businesses permitted by laws or regulations. 

　　Article 12 A statistical agency practitioner shall join a statistical agency institution and be appointed by the institution to carry out statistical agency business. 

　　No statistical agency practitioner may engage in any statistical agency business personally, or simultaneously practices in two or more statistical agency institutions. 

　　Article 13 When a statistical agency practitioner undertakes business, his institution shall centrally accept the entrustment and sign an entrusting contract with the client. An entrusting contract shall typically include the following items: 

　　1. names, domiciles and legal representatives of the client and the agent; 

　　2. matters and limitations of the entrustment; 

　　3. entrustment period and acceptance standards of agency results; 

　　4. fee amounts and method of payment; 

　　5. rights and obligations of the client and the agent; 

　　6. attribution of intellectual property rights; 

　　7. confidentiality provisions; 

　　8. liability of breach of contract and solution to disputes; 

　　9. transferring of archives; 

　　10. other matters. 

　　Article 14 Statistical agency institutions and their practitioners, who accept entrustment to carry out statistical business activities, shall strictly implement State statistical standards, complementary departmental standards, supplementary standards of Shenzhen Special Economic Zone as well as relevant statistical methods and systems. 

　　Article 15 Statistical agency institutions and their practitioners, who are entrusted by a statistical department or another administrative department to carry out statistical investigation, shall implement the investigation as approved or kept on record in accordance with the law. 

　　The statistical data acquired from entrusted investigation shall be published by the entrusting department. 

　　Article 16 When carrying out statistical investigation, statistical agency practitioners may, according to business need and pursuant to law, investigate, collect and check the relevant original records, statistical accounts as well as other necessary statistical materials and documents of investigation targets, and require the targets to provide necessary assistance. 

　　Statistical agency practitioners shall examine the authenticity, integrity and accuracy of the original statistical materials and documents provided by the investigation targets, and shall request correction of inaccuracy. Statistical agency institutions shall be responsible for the quality of statistical data submitted, and undertake legal liability for statistical inaccuracy resulting from their technical or managerial reasons. 

　　Statistical investigation targets shall truthfully provide necessary original statistical materials and documents, take responsibility for their authenticity and integrity, and undertake legal liability for statistical inaccuracy resulting from any false of the original materials and documents provided. 

　　Article 17 Statistical agency institutions and practitioners may, in accordance with the relevant provisions on the publication of government information, consult statistical departments or other administrative departments for statistical materials and information. 

　　Article 18 Statistics agency practitioners shall update their expertise timely, and accept continuing education in accordance with the relevant provisions. 

　　Article 19 Except otherwise stipulated by the entrusting contract, a statistical agency institution shall enjoy intellectual property rights on statistical data resulting from arrangement, compilation and processing of statistical information, as well as on self-developed data processing systems and report software, which are created during its business activities.  The legitimate rights and interests of statistical agency institution shall be protected by law.  

　　Article 20 Statistical agency institutions and their practitioners shall abide by professional ethics, ensure the quality of work, and may not commit any one of the following acts: 

　　1. to simultaneously accept entrustment from the investigation institution and the target involved in the same investigation matter; 

　　2. to misreport, hide, forge or distort statistical data at the client's behest;  

　　3. to solicit business by improper means; 

　　4. to extort or charge fees beyond the contract remuneration, or to seek improper interests by taking advantage of business. 

　　5. other acts in violation of laws or regulations. 

　　Article 21 Statistical agency institutions and their practitioners are incumbent to keep confidential commercial secrets of statistical investigation targets that they come to know during practice activities. 

　　Article 22 After finishing agency business, statistical institutions shall file the original records, statistical accounts, and other statistical materials which are created during business and ought to be filed, and shall transfer the file to clients in a timely manner. 

　　Article 23 Statistical agency institutions and their practitioners shall be subject to supervision of the public. 

　　Every unit and individual have the rights to accuse or expose misreporting, hiding, forging, distorting of statistical materials and other illegal statistical acts by statistical institutions or practitioners. 

　　Article 24 Statistical departments shall check the practicing quality of statistical agency institutions non-periodically. 

　　Specific measures for spot-check shall be formulated by the Municipal Statistical Department in accordance with the principle of territorial jurisdiction, and shall be implemented after approved by the municipal government. 

　　Article 25 The Municipal Statistical Department shall guide the establishment of the municipal statistical agency industry association. 

　　The municipal statistical agency industry association shall formulate self-regulating norms as well as disciplinary rules for the statistical agency industry, and shall manage and monitor self-regulation of the industry. 

　　Article 26  If a statistical department or another administrative department, in violation of the provisions of Paragraph 3 of Article 4 of these Measures, compels an investigation target to entrust a statistical agency institution, or designates a specific statistical agency institution to represent statistical business, it shall be ordered to set it right by the superior authority; be imposed a disciplinary measure of recording a demerit or a major demerit by a duly empowered authority in accordance with the prescribed procedure; be imposed a disciplinary measure of demotion or dismissal if the violation is relatively serious;  or be imposed to a disciplinary measure of expulsion if the violation is serious.   

　　Article 27 Where a statistical agency institution fails to satisfy the quantity and qualification requirements on practitioners due to personnel change or other reasons, it shall stop business by itself and properly handle its relevant business. 

　　If a statistical agency institution engages in statistical business activities without completing the correction and meeting the prescribed conditions, it shall be ordered by the statistical department in charge to set it right in a limited period, and shall be imposed a fine of RMB 30,000 Yuan if it fails to correct in the limited time and engage in statistical business activities in the same period.   

　　Article 28  If a civil servant of an administrative organ, in violation of the provisions of Paragraph 3 of Article 6 of these Measures, works part-timely in a statistical agency institution, he shall be punished in accordance with the provisions of Disciplinary Regulations on Civil Servants of Administrative Organs. 

　　Article 29 If a statistical department or another administrative department, in violation of the provisions of Article 9 of these Measures, entrusts a statistical agency institution with the matters which shall be handled by exercising its administrative power, or are not suitable to be entrusted to a statistical agency institution to handle as a representative,  a disciplinary warning or a disciplinary measure of recording a demerit shall be imposed to the person in charge of the department by a duly empowered authority in accordance with the prescribed procedures.  If the violation is relatively serious, a disciplinary measure of recording a major demerit or a demotion shall be imposed.   If the violation is serious, a disciplinary measure of dismissal shall be imposed.   

　　Article 30 If a statistical agency practitioner, in violation of the provisions of Article 12 of these Measures, accepts statistical agency business personally without participation in any agency institution, or simultaneously practices in two or more agency institutions, a fine of RMB 5,000 to RMB 10,000 Yuan shall be imposed by the statistical department in charge according to the actual situation. 

　　Article 31 If a statistical agency institution or a practitioner, in violation of the provisions of Article 14 of these Measures, does not strictly implement relevant statistical standards and systems, a fine of RMB 5,000 Yuan to RMB 10,000 Yuan shall be imposed by the statistical department in charge if the case is not serious and does not cause serious consequence. If the case is serious, a fine of RMB 10,000 Yuan to RMB 30,000 Yuan shall be imposed. 

　　Article 32 If a statistical agency institution or a practitioner, in violation of the provisions of Article 15 of these Measures, does not implement the investigation as approved or kept on record pursuant to law, a fine of RMB 10,000 Yuan shall be imposed by the statistical department in charge. 

　　If a statistical agency institution, without authorization, publicizes statistical data resulting from statistical investigation entrusted by a statistical department or another administrative department, a fine of RMB 10,000 shall be imposed on the institution by the statistical department in charge. 

　　Article 33 If a statistical agency institution or a practitioner commits an act in violation of the provisions of Items 1, 3 or 4 of Article 20 of these  Measures, the statistical department in charge shall order a correction and impose a fine of RMB 5,000 Yuan to RMB 30,000 according to the actual situation. If the statistical agency institution violates the provisions of Item 2 of Article 20, it shall be imposed a fine of RMB 30,000 Yuan. 

　　Article 34 If a statistical agency institution or a practitioner, in violation of the provisions of Article 21 of these Measures, discloses, uses or permits a third party to use the commercial secrets of statistical investigation targets that it comes to know during practice activities, a punishment by a duly empowered authority shall be imposed in accordance with the Anti-unfair Competition Law of the People’s Republic of China, Regulations of Shenzhen Special Economic Zone on Enterprise Technical Secrets Protection, and other relevant laws and regulations. 

　　Article 35 If a statistical agency institution, in violation of the provisions of Article 22 of these Measures, does not file or transfer in a timely manner the original records, statistical accounts, or other statistical materials which are created during business and ought to be filed after it finishing the agency business, the statistical department in charge shall order a correction with a limited period; where it fails to correct within the time limit , necessary legal measures shall be taken to urge it to make a correction, and a fine of RMB 10,000 Yuan shall be imposed on it. 

　　Article 36 Statistical departments shall report the information of illegal statistical acts by statistical institutions and practitioners to relevant organizations for recording them into the credit systems concerned,  which is for consultation and reference by relevant units and individuals. 

　　No statistical department or other administrative department may entrust a statistical agency institution with a bad information record to engage in statistical business as its representative.  Where there is a violation of the aforesaid provision, the punishment of disciplinary warning or demerit recording shall be granted to the person in charge of the department by the competent authority in accordance with prescribed procedures.  If the violation is relatively serious, the punishment of major demerit recording or demotion shall be granted.  If the violation is serious, the punishment of dismissal shall be granted.   

　　Article 37 If a statistical department or its personnel abuses power, derelicts duty, or practice favoritism during examination or supervision to statistical agency institutions, punishment shall be granted pursuant to law. If such act is suspected to constitute a crime, the case shall be transferred to judicial organ in accordance with law. 

　　Article 38 These Measures shall enter into force on May 1, 2009. Those statistician firms and other intermediary service institutions, which have carried out statistical agency business prior to the implementation of these Measures, shall meet the requirements prescribed in the provisions of Article 6 of these Measures.