Deacons
  February 25, 2005 - Hong Kong

China: Revised Rules on Foreign-Related Surveys

The National Bureau of Statistics promulgated the Measures of the National Bureau of Statistics for the Administration of Foreign-related Surveys 13 October 2004. The Measures, which came into force on the date on which they were promulgated, replace the 1999 Provisional Measures of the National Bureau of Statistics for the Administration of Foreign-related Social Surveys. Scope of Measures The Measures govern: • market surveys and social surveys which are conducted upon entrustment by or are funded by foreign organisations, foreign individuals or the PRC establishments of foreign organisations • market surveys and social surveys which are conducted in cooperation with foreign organisations, foreign individuals or the PRC establishments of foreign organisations • market surveys conducted by the PRC establishments of foreign organisations in accordance with the law • market surveys and social surveys the information and results of which are provided to foreign organisations, foreign individuals or the PRC establishments of foreign organisations The term market survey refers to the collection and organisation of information on the performance and prospects of products and commercial services in the market. The term social survey refers to the collection, organisation and analysis of information on society through questionnaires, interviews, visits or other methods. Licensing and approval system Foreign-related surveys may only be carried out by surveyors who have obtained the relevant permit and each foreign-related survey must be approved on a project-by-project basis. Foreign organisations and individuals are not permitted to conduct surveys on their own or do so through non-qualified organisations. An organisation must satisfy the following conditions before it may apply for a foreign-related survey permit: 1. it is lawfully established and has legal person status; 2. its business scope includes the carrying out of market surveys and social surveys; 3. it has personnel who are familiar with national laws regarding foreign-related surveys; 4. it has the appropriate surveying capability for the foreign-related surveys it conducts; 5. it has carried out at least three surveys or has realised business turnover from surveys of at least RMB 300,000 in the year prior to the application; 6. it has a strict system for the protection of information confidentiality; and 7. it has no record of a serious violation of the law in the last two years. If the PRC establishment of a foreign organisation satisfies items 3, 6 and 7 of the preceding paragraph it may also apply for a foreign-related survey permit. It is then permitted to conduct market (but not social) surveys on its own. Approval authority The application for the foreign-related survey permit has to be filed to the provincial level statistics authority or the National Bureau of Statistics depending on whether the scope of the survey work transcends provincial borders. The permit is valid for three years. The proposal for a foreign-related survey project must be submitted for approval to the provincial level statistics authority or the National Bureau of Statistics depending on whether the scope of the project transcends provincial borders.