China Securities Regulatory Commission Decree No. 60
The “Administrative Measures of Securities and Futures Market Statistics” approved at the 2 43rd chairman’s meeting of the China Securities Regulatory Commission (CSRC) on October 2 8 , 2008, is hereby promulgated and will become effective as of March 1, 200 9 .
CSRC Chairman: Shang Fulin
January 8 , 200 9
Administrative Measures of Securities and Futures Market Statistics
Chapter I General Provisions
Article 1 To regulate the statistics of the securities and futures market, and play its role in reflecting the fundamental information and dynamic status as well as in the supervision over the securities and futures market, the Measure s is formulated in accordance with the “ Statistics Law of the People ’ s Republic of China ” , the “Securities Law of the People’s Republic of China”, the “Law of the People's Republic of China on Securities Investment Fund”, the “Regulation on Administration of Futures Trading”, the “Rules on Supervision over Securities Companies” , the “Detailed Rules for Implementation of Statistics Law of People's Republic of China” and other laws and administrative rules .
Article 2 The fundamental task of statistics work for the securities and futures market is to make statistical investigations and analysis of the securities and futures market, to provide statistical data and advice and to exercise statistical supervision.
Article 3 The objects of statistical investigation in the securities and futures market (hereinafter shortened as the statistical investigation objects) shall provide truthful securities and futures statistical data, shall not make false entries or conceal statistical data, not refuse to submit statistical reports or report statistical data belatedly. Falsification of or tampering with statistical data shall be prohibi ted.
The statistical investigation objects in the Measures include the securities companies, the securities investment fund management companies, the futures companies and their subsidies, the fund custodian banks , fund sales institutions, custodian banks for qualified foreign institutional investors , investment consulting institution s that engage in securities and futures services, financial consulting institutions, credit rating institutions , asset appraisal institutions , accounting firms, law firms, listed companies, non-listed public companies, securities and futures exchanges, securities depository and clearing institutions , the s ecurities a ssociation , the f utures a ssociation , securities investor protection fund companies, futures margin monitoring center and other market participants.
Article 4 The China Securities Regulatory Commission (CSRC) shall establish a centralized statistical administrative system under unified leadership and with each business division and level assuming respective responsibility.
T he CSRC shall be responsible for the statistical work of the securities and futures market throughout the country (hereinafter shortened as the securities and futures market) . The CSRC ’ s regional bureaus shall be responsible for the securities and futures statistical work within their jurisdiction.
Article 5 The CSRC shall formulate the statistical standards for the securities and futures market and issue the statistical data of the securities and futures market or other statistical data that may affect the stable operation of the securities and futures market.
Article 6 The administration, usage and publishing of the statistical data shall conform to the state archives management system and the secrecy system as well as the securities and futures regulatory information disclosure system and the securities and futures market credit archive management system. C ommercial secrets of statistical investigation objects shall be kept to maintain the principles of publicity, fairness and justice of the securities and futures market.
Chapter I I Statistic al Institutions a nd Statisticians
Article 7 The CSRC ’ s statistical department shall perform the following duties:
(1) organize the securities and futures market ’ s statistical investigations , collect and sort out the securities and futures statistical data, and manage, publish, compile and provide the securities and futures statistical data;
(2) make statistical analysis of the operation, development and risks of the securities and futures market, draw up statistical returns of the securities and futures market, issue the statistical reports and raise relevant policy suggestions;
(3) establish and improve the securities and futures statistical system, formulate the statistical standard, improve the statistical indices system, guide, inspect and supervise the implementation of the statistical law, administrative rules, the Measures and the statistical system stipulated by the CSRC, and evaluate the statistical work of the CSRC ’ s regional bureaus and the statistical investigation objects;
(4) build and manage the automated system of securities and futures statistical information and the statistical data base system ;
(5) coordinate the statistical work with the entities outside the CSRC;
(6) put on record the statistical investigation items of the CSRC ’ s regional bureaus and the supplementary contents of the statistical investigation items of the securities and futures market; and
(7) organize training for the securities and futures market ’ s statisticians.
Article 8 Other CSRC departments that perform the supervis ion duties (hereinafter shortened as other CSRC departments) shall conduct statistical investigations to the statistical investigation objects within their duties, and collect and sort out securities and futures statistical data.
Other CSRC departments shall cooperate in the work of the CSRC ’ s statistical department.
Article 9 The CSRC ’ s statistical department shall establish a joint conference mechanism of the securities and futures market statistical work, with members such as the CSRC ’ s statistical department, other CSRC departments, the securities and futures exchanges and the securities depository and clearing institutions .
T he member units other than the CSRC ’ s statistical department shall, on a regular or irregular basis, submit the securities and futures statistical data that is collected, sorted out and managed by them to the CSRC ’ s statistical department according to the agreed format and content. The joint conference mechanism of the securities and futures market statistical work ensures the information sharing among the members and performs the following duties:
(1) analyze and evaluate the securities and futures statistical standard, and put forward supplementing and amending suggestions;
(2) study the new issues and situations in the statistical work, and strengthen the coordination and cooperation among all units; and
(3) discuss other important issues related with the securities and futures statistical work.
Article 1 0 The CSRC ’ s regional bureaus shall designate or establish special divisions to perform the statistics duties, which include:
(1) to cooperate with the CSRC ’ s statistical department in completing the statistical investigation task of the securities and futures market, and to collect, sort out and provide the securities and futures statistical data within their jurisdictions;
(2) to organize the securities and futures statistical investigations within their jurisdictions, to collect , sort out, manage, publish and provide the securities and futures statistical data;
(3) to make statistical analysis of the securities and futures development within their jurisdictions, to issue the statistical reports and raise relevant policy suggestions; and
(4) to inspect and supervise the statistical investigation objects within their jurisdictions on the implementation of the statistical law, administrative rules, the Measures and the statistical system stipulated by the CSRC.
Article 1 1 The statistical investigation objects shall establish statistic al department s or designate certain departments and personnel to take charge of the statistical work.
Article 1 2 Other CSRC departments and the CSRC ’ s regional bureaus shall be staffed with full-time statisticians . T he statistical investigation objects shall be stuffed with full-time or part-time statisticians .
S tatisticians shall abide by professional ethics and possess necessary rudiments of the securities and futures market, the statistics professional knowledge as well as the computer operation skills.
Article 1 3 S tatisticians shall collect and file the truthful statistical data according to law.
S tatisticians shall be responsible for the truthfulness of the statistical data that is collected, examined and entered by themselves and the statistical data that is submitted by the investigation objects. T hey shall not falsify or tamper with the statistical data, or require in any way the statistical investigation objects to provide untrue statistical data.
Article 1 4 S tatisticians shall perform their duties according to law and be free from the intervention of any entity and individual.
Article 1 5 The CSRC ’ s statistical department shall organize the professional training for statisticians and enhance the professional ethics education, to improve the statistical work.
Chapter I II Statistical Investigation and Analysis
Article 1 6 The CSRC ’ s statistical department shall draw up the statistical investigation items of the securities and futures market. The CSRC ’ s regional bureaus may, in implementing the aforesaid statistical investigation items, supplement the contents of the statistical investigation based on the actual conditions and the regulation needs of their own jurisdictions, and report to the CSRC ’ s statistical department for record.
The CSRC ’ s regional bureaus shall draw up the securities and futures statistical investigation items of their own jurisdictions, and report to the CSRC ’ s statistical department for record.
Article 1 7 The CSRC ’ s statistical department shall formulate the statistical standard for the securities and futures market to guarantee the standardization of statistical items’ definitions, computing methods, classification catalogues and investigation forms employed in statistical investigations.
Other CSRC departments and the CSRC ’ s regional bureaus shall adopt the statistical standard formulated by the CSRC ’ s statistical department in their statistical investigations.
Article 1 8 The CSRC and its regional bureaus shall, when organizing the statistical investigations, clearly specify the statistical investigation contents, investigation objects, and the submission time, format and method of statistical data.
The CSRC and its regional bureaus may adopt such statistical investigation methods as document, fax, telephone, email and internet. T he statistical investigation involving confidential contents shall abide by the relevant rules of confidentiality management.
Article 1 9 The statistical investigation objects shall file the statistical data to the CSRC and its regional bureaus within the prescribed time limit according to the prescribed content and format of the statistical investigation. The statistical data shall also conform to the statistical standard formulated by the CSRC ’ s statistical department.
Article 20 The statistical investigation objects shall do a good job in collecting, examining and gathering the grassroots statistical statements, and ensure the truthfulness, accuracy and completeness of the statistical data.
The statistical investigation objects shall file the statistical data that has been examined and signed by the heads of the entities to the CSRC and its regional bureaus, and shall explain such situations as the filing of grassroots data and the abnormal data changes of the current period in the report explanations.
Article 21 If any statistical investigation object finds errors in the filed statistical data, it shall immediately report to the CSRC and its regional bureau, and submit the written modifications and explanations to the CSRC and its regional bureau in time after organizing its statistical department or personnel to make verification and modification. I f necessary, it shall also disclose to the public in time according to law.
Article 22 Statistical investigation shall be conducted to collect and sort out basic statistical data of securities and futures based on regular surveys and supplemented by sampling surveys , comprehensively adopting such methods as overall and major surveys a s well as administrative recording .
Article 23 The CSRC ’ s statistical department shall regularly analyze and study the securities and futures market as well as the macro economic development, and investigate the impact of the aforesaid issues on the development of the securities and futures industry.
The CSRC ’ s statistical department may analyze and study the situations that attract much market attention and concern the overall development of the securities and futures market according to the needs of securities and futures supervision.
Article 24 If the local people's government s at different levels or the regional bureaus of other departments under the State Council organize the securities and futures statistical investigations, the statistical investigation objects shall report to the CSRC ’ s regional bureaus in time.
The CSRC ’ s regional bureaus shall learn the content and progress of the statistical investigations; if it is necessary, they shall coordinate in time with the local people's government s at different levels or the regional bureaus of other departments under the State Council regarding the consistency of the statistical data.
I f the statistical investigation is part of the securities and futures market ’ statistical investigation, the CSRC ’ s regional bureaus shall report to the CSRC ’ s statistical department in time. The CSRC ’ s statistical department shall coordinate with other departments under the State Council in time regarding the consistency of the statistical data.
Chapter IV Administration and Publication of Statistical Data
Article 25 Statistical data of the securities and futures market shall be under the unified administration of the CSRC ’ s statistical department.
O ther CSRC departments and the CSRC ’ s regional bureaus shall be responsible for the administration of the statistical data of the corresponding departments or entities.
T he statistical investigation objects shall strengthen the administration of the statistical data according to the requirements of the laws and administrative rules.
T he safekeeping, temporary use and handover of the statistical data archives shall abide by the state rules of archives management.
Article 26 The CSRC and its regional bureaus shall establish and improve the administrative systems for checking, sort-out, transferring and filing statistical data.
The CSRC ’ s statistical department shall establish the automated system of securities and futures statistical information , realizing the connection with the statistical data ’ s electronic management systems and the securities and futures market ’ s credit archives system of other CSRC departments, the CSRC ’ s regional bureaus, the securities and futures exchanges as well as the securities depository and clearing institutions .
Article 27 The CSRC and its regional bureaus shall establish and improve the system of providing and publishing the statistical data.
T he statistical data of the securities market or that may affect the stable operation of the securities and futures market shall be provided or published by the CSRC ’ s statistical department.
T he CSRC ’ s regional bureaus may provide or publish the securities and futures statistical data within their jurisdictions.
Article 28 The statistical investigation objects or other entities shall publish statistical data in line with the regulations of the laws, administrative rules and the CSRC, not fabricate or falsify statistical data, and not disturb the securities and futures market order.
Chapter V Supervision and Legal Responsibilit ies
Article 29 The CSRC ’ s statistical department and regional bureaus may conduct regular or casual inspection to the statistical investigation objects regarding the following situations:
(1) staffing of statistical department or that of the department designated for the statistical work;
(2) independence of the statistical work;
(3) collection, examination and gathering of grassroots statistical statements, and the level of truthfulness, accuracy and completeness; and
(4) implementation of the relevant statistical law, administrative rules and other requirements of the CSRC.
Article 30 Inspections are divided into on-site inspections and off-site ones.
On-site inspection requires at least two inspectors who shall show their lawful certificates and inspection notice. I nspector has the right to take the following measures:
(1) ask the relevant personnel of the statistical investigation objects to explain the inspected issue;
(2) consult and copy relevant documents, material and vouchers of the inspected issue; and
(3) ask the statistical investigation objects and relevant personnel to submit self-check report relevant with the inspected issue.
I n off-site inspections, the CSRC ’ s statistical department and regional bureaus may require the statistical investigation objects to provide backup materials and the explanations or self-check reports.
Article 31 The statistical investigation objects shall cooperate with the inspection of the CSRC ’ s statistical department and regional bureaus. Any entity or individual shall not interfere or hinder the inspections.
Article 32 For any statistical investigation object violating the regulations of the Measures, the CSRC may take the following regulatory measures:
(1) ordering for rectification;
(2) regulatory interviews ;
(3) issuing warning letters ; and
(4) ordering for training.
Article 33 The CSRC may take such measures as warning, along with fining or single fining if any statistical investigation object has one of the following actions:
1) mak e false entries in statistical data , concealing or omitting statistical data;
(2) falsify or tampering with statistical data;
(3) refus e to submit statistical data or delaying the submission without reason; or
(4) refuse or hindering the statistical inspection.
The CSRC may take such measures as warning, along with fining or single fining to the managers who are directly in charge and other persons who are directly responsible for it .
Article 34 If the statistical investigation objects or other entities violate Article 28 of the Measures and give false statement or misleading information, which disturbs the securities and futures market, the CSRC shall penalize them according to Article 207 of the “Securities Law of the People’s Republic of China” and Article 71 of the “Regulation on Administration of Futures Trading” .
Article 35 Since the regulation information filed by the statistical investigation objects includes statistical data, if the filing of such data or information disclosure violates the laws, administrative rules and the regulations of the CSRC, it shall be handled according to relevant regulations.
Article 36 If the staff of the CSRC ’ s statistical department, other CSRC departments and the CSRC ’ s regional bureaus, in violation of the state confidentiality regulations, publish the securities and futures statistical data without approval, the CSRC shall impose administrative penalties according to relevant regulations.
C hapter VI Supplementary Provisions
Article 37 If such self-regulatory organization s as the securities and futures exchanges, the securities and futures associations as well as the securities depository and clearing institutions organize the statistical investigations, they shall abide by the unified statistical standard formulated by the CSRC ’ s statistical department.
T he self-regulatory organizations in the previous paragraph may formulate their own statistical working system, and report to the CSRC ’ s statistical department for record.
Article 38 The Measures shall take effect as of March 1, 200 9. | 
