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Administrative Measures On Foreign Investigations

Original Language Title: 涉外调查管理办法

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(October 13, 2004, the National Bureau of the 7th release come into force on the date of promulgation) Chapter I General provisions article in order to strengthen the planning and management of related surveys, and safeguarding the State security and social and public interests, protect the lawful rights and interests of investigations and investigative, in accordance with the People's Republic of China Statistics Act and its implementing rules, these measures are formulated.
    Second article this approach by said foreign survey, including: (a) by outside organization, and personal or outside organization in China institutions delegate, and funding for of market survey and social survey; (ii) and outside organization, and personal or outside organization in China institutions cooperation for of market survey and social survey; (three) outside organization in China institutions law for of market survey; (four) will survey information, and survey results provides to outside organization, and personal or outside organization in China institutions of market survey and social survey.
    Article marketing research in these measures refers to collect related merchandise and commercial services in the market of the performance and prospects of information activities.
    Social investigation in these measures refers to market surveys, questionnaires, interviews, observation or other methods, collection, collation and analysis of information about the society's activities.
    Outside in these measures refers to People's Republic of China outside the closed; the territory refers to People's Republic of China Customs territory.
    Overseas organizations in China in these measures refers to approved by the Chinese Government, foreign organizations in China to set up branches and representative offices.
    Foreign investigative agencies mentioned in these measures refers to legally obtained foreign investigative licensing authority. Fourth National Bureau of statistics in conjunction with the relevant departments of the State Council to supervise related surveys across the country.
    Statistics institutions of local people's Governments at all levels in conjunction with the people's Governments above the county level in the relevant Department is responsible for the administration of foreign-related investigation supervision and administration.
    The fifth National Bureau and provincial statistical agencies and their staff on business secret obtained in the management of foreign-related investigation, confidential.
    Article sixth related surveys, must abide by China's laws, rules and regulations and the relevant provisions of the State.
    Seventh article any organization, and personal shall not for may led to following consequences of foreign survey: (a) against Constitution determine of principles of; (ii) against national unified, and sovereignty and territory full of; (three) steal, and spying on, and buy, and leaked national secret or intelligence, against national security, and damage national interests of; (four) violation national religious policy, damage national unity of; (five) disrupt social economic order, damage social stable, damage social public interests of; (six) publicity cult, and superstition of;
    (VII) engage in fraud, violate the legitimate rights and interests of others; (h) the laws, regulations and rules and other relevant provisions of the State.
    Eighth State applies a foreign investigation qualification system and foreign-related social survey project examination and approval system.
    Nineth international market research must be carried out through foreign investigative agencies, foreign-related social survey must be carried out after approval through the foreign investigation bodies.
    Foreign organizations and individuals shall not be carried out in the territory or market research and social research, shall be passed without the related surveys permits agencies to conduct market research and social research.
    Chapter II foreign investigation qualification and management article tenth of statistics and of provinces, autonomous regions and municipalities statistics agencies responsible for related surveys permit application for accreditation.
    Any individual or organization without a permit obtained related surveys shall be subject to any form of foreign-related investigation. 11th article application foreign survey license of institutions, should has following conditions: (a) law established, has corporate qualification; (ii) business range or business range contains market survey or social survey content; (three) has familiar national about foreign survey management provides of personnel; (four) has and by engaged in foreign survey phase adapted of survey capacity; (five) in application of recently a years within carried out three items above survey project, or survey turnover reached 300,000 yuan; (six) has strictly, and sound of information confidential system
    And (VII) has no record of serious violations in the last two years.
    12th business scope in the market survey of overseas organizations in China, 11th paragraph (iii), (vi), (VII) condition, you can apply for related surveys permits, in direct connection with this institution in the territory of commodity market surveys or commercial services, however, may not engage in social investigation.
    Related surveys permits from the 13th, shall submit the following documents: (a) related surveys permit application form, (ii) section to verify an 11th or 12th in the list of other materials.
    Related surveys permits from the 14th body investigation across provinces, autonomous regions and municipalities directly under the Administrative Division, presented to the National Bureau of investigation scope is restricted to the provinces, autonomous regions and municipalities within the administrative area of, to the statistical agencies of provinces, autonomous regions and municipalities. National Statistical Office or the provinces, autonomous regions and municipalities within statistical agencies shall from the date of acceptance of the 20th, the decision to approve or disapprove. Late cannot make a decision, approved by the head of the administrative organ, you can extend the 10th, and will inform the applicant of the reasons for such further period.
    Approved by decision, issuance of foreign-related investigation permits; decided not to grant, and shall notify the applicant in writing and state the reasons. 15th related surveys issued by the National Bureau of permits and valid throughout the country.
    Issued by the statistical agencies of provinces, autonomous regions and municipalities related surveys permit valid in the respective administrative areas.
    16th international survey of permits investigative bodies which shall be indicated the name, registration type, the legal representative or principal responsible, shelter and issuing authority, issuing date, the number, scope, validity content etc.
    Name of the 17th foreign investigative agencies, registration type, the legal representative or principal responsible person, the residence is changed, change related surveys shall apply to the issuing authority license.
    18th International survey of permits will be valid for three years. Foreign investigative agencies need to continue related surveys the license, shall, on the expiry of the original issuing authority before the 30th to apply.
    Fails proposed, will no longer be continuing related surveys permits will be valid for.
    Section 19th related surveys of business should be in the 30th after the termination of the business, the original issuing authority return the related surveys permits.
    Related surveys expiry date of the permit shall be in the 30th after the expiry, the original issuing authority return the related surveys that have expired licenses.
    20th no organization or individual shall forge, fraudulent use, or transfer of related surveys permits.
    21st chapter related surveys project management statistics and the provinces, autonomous regions and municipalities statistical agencies are responsible for the approval of foreign-related social survey projects.
    22nd article foreign survey institutions application approved foreign social survey project Shi, should submitted following file: (a) foreign social survey project application table; (ii) foreign survey license copies; (three) delegate, and funding, and cooperation of contract copies; (four) survey programme, including survey of purpose, and content, and range, and time, and object, and way,; (five) survey questionnaire, and form or interview, and observation outline; (six) and survey project about of other background material.
    Article 23rd foreign investigative bodies for approval of foreign-related social survey, investigation across provinces, autonomous regions and municipalities directly under the Administrative Division, presented to the National Bureau of investigation scope is restricted to the provinces, autonomous regions and municipalities within the administrative area of, to the statistical agencies of provinces, autonomous regions and municipalities. National Statistical Office or the provinces, autonomous regions and municipalities within statistical agencies shall from the date of acceptance of the 20th, the decision to approve or disapprove. Late cannot make a decision, approved by the head of the administrative organ, you can extend the 10th, and will inform the applicant of the reasons for such further period.
    Decided to approve and issue foreign-related social survey project approval documents; decided not to grant, and shall notify the applicant in writing and state the reasons.
    24th approved foreign-related social survey project, it may not change; change, foreign investigative agencies should change applying to the original approval authority.
    Approval authority shall be provided pursuant to article 23rd approval or the decision not to approve the change.
    25th related surveys should follow the principle of voluntary, and respondents have the right to decide whether or not to accept the investigation, no organization or individual may force respondents surveyed.
    Foreign investigative agencies when conducting related surveys, should indicate to the respondents survey purpose shall not be used on behalf of other agencies, shall not be misleading.
    26th approved foreign-related social survey, questionnaire, form, or interview and observation outline Home prominently marked and to explain to the participants the following matters: (a) related surveys license number; (b) the research project approval authority, approval number and (iii) the survey respondents to voluntary surveys.
    The 27th foreign investigative agencies shall establish a foreign investigation of the operational files.
    28th article of any organization or individual shall forge, fraudulent use, or transfer of foreign-related social survey project approval documents.
    Article 29th foreign investigative agencies and related personnel in foreign investigations of clients ' business secret and individual privacy, confidential.
    Fourth chapter of legal responsibility of 30th in violation of the provisions of article seventh, in accordance with the People's Republic of China of the 34th of the detailed rules for the implementation of the statistics law shall be punished. 31st article violates these rules, any of the following circumstances, by the national statistical office or provincial statistical agency ordered corrective action. Its investigation activities are non-operational in nature, punishable by a fine of 500 to 1000 Yuan; pertaining to the operation of its investigative activities and illegal gains, illegal gains shall be punishable by up to the equivalent of one to three times but not more than 30,000 yuan fines; no illegal income, punishable with a fine of 3,000 yuan to 10,000 yuan.
    Constitute crime of, law held criminal: (a) not through made foreign survey license of institutions for foreign survey of; (ii) not made foreign survey license for foreign survey of; (three) forged, and take with, and transfer foreign survey license, and foreign social survey project approved file of; (four) using has over validity of foreign survey license engaged in foreign survey of; (five) beyond license range engaged in foreign survey of. Article 32nd foreign investigative agencies and associated personnel violating these rules, any of the following circumstances, by the national statistical office or provincial statistical agency ordered corrective action. Its investigation activities are non-operational in nature, punishable by a fine of 500 to 1000 Yuan. Pertaining to the operation of its investigative activities and illegal gains, illegal gains shall be punishable by up to the equivalent of one to three times but not more than 30,000 yuan fines; no illegal income, punishable with a fine of 3,000 yuan to 10,000 yuan. Constitute crime of, law held criminal: (a) without approved, unauthorized for foreign social survey of; (ii) without approved, unauthorized change has approved of foreign social survey project of; (three) leaked survey object commercial secret and personal privacy of; (four) forced survey object accept survey of; (five) take with other institutions name for foreign survey of; (six) not established foreign survey business archives of; (seven) refused to accept management organ check of; (eight) in accept management organ check Shi,
    Refusal to provide information and relevant materials, and providing false information and materials, and (I) failure to indicate, to the respondents that the 26th article matters. 33rd article foreign survey institutions violation this approach provides, has following case one of of, by statistics or provincial government statistics institutions ordered corrected, give warning, can sentenced 500 Yuan to 1000 Yuan of fine: (a) foreign survey institutions of name, and registration type, and statutory representative people or main head, and residence, occurred change, not law application change foreign survey license of; (ii) terminated foreign survey business, or foreign survey license validity expires Hou,
    Without a permit to the issuing authorities return the related surveys.
    Article 34th statistics agency staff in the management of foreign-related investigation of dereliction of duty, abuse of, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    The 35th National Bureau and provincial statistical agencies staff member leaking business secrets obtained in the management of foreign-related investigation, he shall bear civil liability, and directly responsible to the head of personnel and other persons directly responsible shall be given administrative sanctions.
    Fifth chapter supplementary articles article 36th Government with foreign Governments and international organizations involved in the investigation, according to the relevant provisions of the State.
    Article 37th period of the implementation of administrative licensing as provided herein to working days, excluding holidays. 38th these measures come into force on the date of promulgation.
                                          On July 16, 1999, released by the National Bureau of the interim measures for the administration of foreign-related social survey activities at the same time repealed.