金融统计管理规定 Order of the Peoples Bank of China

pection.

　　Article 33 Statistic units of the People's Bank of China shall appoint full-time or part-time statistic inspectors that are familiar with relevant laws， rules and regulations and statistic business.

　　Article 34 Statistic inspectors shall execute their statistic inspecti

on power with the prescribed terms of reference.

　　Article 35 Statistic inspection units and inspectors shall have the right to verify and monitor the statistic data used by the inspected institution and their sources. Statistic inspectors are entitled by these rules to issue “Inquiry Note of Statistic Inspection” to the inspected financial institutions. The inspected financial institutions shall honestly answer the inquiry within 15 days after the receipt of the “Inquiry Note of Statistic Inspection”。

　　Article 36 In the statistic inspection， inspectors may check the accounting reports， other business reports related to statistics and relevant books and original warrants.

　　Chapter VII Awards and Penalties

　　Article 37 The People's Bank of China and financial institutions shall make regular assessment of performance of their own statistic units， while the People's Bank of China shall also assess performance of statistic work in the entire financial sector. The People's Bank of China and financial institutions may award the financial statistic staff or units that meet the following criteria in the way of commendation， merit recording， outstanding merit recording， promotion of title， promotion of position or conferment of an honorable title. Bonus may also be granted， which is to be covered by relevant budget according to relevant rules.

　　（1） Those who make outstanding contribution to reforming and improving financial statistic regime and methodology.

　　（2） Those who make outstanding achievements in accomplishing financial statistic survey， or ensuring timely and accurate reporting of statistic data.

　　（3） Those who achieve important outcome in renovation of statistic analysis and surveillance.

　　（4） Those who demonstrate remarkable performance in utilizing and promoting modern statistic information technology.

　　（5） Those who make important contribution to enhancing statistic education and vocational training， making statistic research， or upgrading statistic theories.

　　（6） Those who have outstanding performance in fighting against irregularities in violation of statistic laws， rules and regulations.

　　（7） Those contribute to reporting and disclosing of statistic irregularities.

　　Article 38 Statistic units， related units and their staff that have involved in any of the following activities shall be warned by the branches of the People's Bank of China above city （prefecture） level and relevant authorities and fined by no more than RMB 30000 yuan. Senior management， other executives in charge and individuals that are held immediately responsible for these activities shall be disciplined by their institutions or superior ones in the way of warning， severe warning， demerit recording， severe demerit recording and degrading. Staff of statistic units and related units of the People's Bank of China that have any of the following behaviors shall be disciplined by their working units or superior ones in the way of warning， severe warning， demerit recording， severe demerit recording or degrading.

　　（1） Overstate or conceal financial statistic data.

　　（2） Counterfeit or distort financial statistic data.

　　（3） Refuse to report or delay the reporting of financial statistic data consecutively.

　　（4） Violate these rules by formulating and publishing financial statistic survey forms without approval， resulting in significant damage.

　　（5） Violate articles of these rules on confidentiality and the “Rules on Specific Definition of State Confidentiality and Its Coverage in Financial Activities”， breach their authorization and release financial statistic data on their own decision， which entails significant damage.

　　（6） Force or instruct statistic units or staff to counterfeit statistic data.

　　（7） Bully or revenge those adhere to statistic principles and report statistic data as they are， or t

hose who report and expose statistic irregularities.

　　（8） When being inspected on statistics， refuse to provide information， provide false information， or remove， hide， destroy original statistic files， statistic books， statements or other statistics-related data， resulting in significant damages

　　（9） Hinder or resist statistic inspection with violence or menace.

　　（10） Other behaviors that are identified by regional branches， operation offices and branches in the capital cities of provinces of the People's Bank of China.

　　Article 39 Staff of statistic units and other units that severely violate these rules and have any of the following behaviors shall be warned by the branches of the People's Bank of China above city （prefecture） level （City or prefecture level not included） according to Article 12 of the “Rules on Punishment of Financial Irregularities”， and fined by RMB 100000-500000 yuan. In a very severe case， the financial institutions may be instructed to cease operation for corrective actions， or their licenses of financial business be revoked. Senior management， other executives in charge and individuals that are held immediately responsible for the misconduct shall be disciplined by their institutions or superior ones in the way of severe demerit recording， or even more grave penalties until being fired eventually. Staff of statistic units and related units in the People's Bank of China that have any of the following behaviors shall be disciplined by their working units or superior ones in the way of severe demerit recording or more grave penalties until being fired eventually.

　　（1） Overstate， conceal， counterfeit or distort financial statistic data by great value or in great proportion of the reportable value.

　　（2） Overstate， conceal， counterfeit or distort financial statistic data more than once in one year.

　　（3） Overstate， conceal， counterfeit or distort financial statistic data and refuse to take corrective actions when being asked to.

　　（4） Overstate， conceal， counterfeit or distort financial statistic data resulting in severe consequences.

　　（5） Other behaviors identified by regional branches， operation offices and branches in the capital cities of provinces of the People's Bank of China.

　　Article 40 As for those violating these rules by distorting financial statistic data or counterfeiting false figures in order to defraud of honorable title， bonus or promotion， the institution that made that decision of award or its superior institution or supervisory bodies shall revoke their honorable title， take back the bonus and cancel the promotion.

　　Article 41 When persons involved refuse to accept penalties issued in line with Article 38， 39 of these rules， they may apply for administrative appeal according to relevant laws and regulations. If they don't agree on the appeal verdict， they may file a suit in the People's Court within 15 days after their receipt of administrative appeal verdict.

　　Article 42 When a crime is committed by violating these rules， the case shall be handed over to the judicial agencies and be prosecuted in accordance with the law.

　　Chapter VIII Supplementary Provisions

　　Article 43 Regional branches， operation offices and branches in the capital cities of provinces of the People's Bank of China and financial institutions may formulate implementation provisions of these rules within their jurisdiction and file them with the head office of the People's Bank of China for record-keeping.

　　Article 44 The People's Bank of China is responsible for the interpretation of these rules.

　　Article 45 These rules shall enter into force on December 15， 2002， and the “Administrative Rules for Financial Statistics” promulgated on December 3， 1995 are invalidated at the same time

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