Laws of the People's Republic of China

No.11

The Interim Provisions on Administering Insurance Statistics have been deliberated and adopted at the executive meeting of the chairpersons of the China Insurance Regulatory Commission on September 27, 2004. They are hereby promulgated, and shall go into effect as of November 1, 2004. Chairman Wu Dingfu

September 29, 2004

Interim Provisions on Administering Insurance Statistics Chapter I General Provisions

Article 1

In order to strengthen administration on insurance statistics and make sure the authenticity, completeness, accuracy and timeliness of insurance statistical information, these Provisions are constituted under the Statistics Law of the People's Republic of China, the Insurance Law of the People's Republic of China, the Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China and other related laws, administrative regulations.

Article 2

The term "insurance statistics" mentioned in these Provisions means the activities as follows:

1.

The China Insurance Regulatory Commission (hereinafter referred to as the CIRC) and its dispatched institutions shall investigate, collect, sort-out, analyze the materials reflecting the business conditions of insurance organizations, provide statistical information and statistics consulting opinions, and supervise and administer insurance statistics; and

2.

The insurance organizations shall investigate, collect, sort-out, and analyze the materials reflecting the business conditions of their own organizations, provide statistical information and statistics consulting opinions, and administer insurance statistical work of their own organizations.

Article 3

The term "statistical information" mentioned in these Provisions means the related reports, statements, documents and materials reflecting the business conditions of an insurance organization, reported to the CIRC and its dispatched institutions by the insurance organization under law, consisting of statistical data reflecting the finance and business status, analysis related to business conditions, and other statistical materials as prescribed by the CIRC.

Article 4

The basic task of the CIRC and its dispatched institutions in statistical work shall be: to gather, audit, collect, analyze and publicize statistical information of insurance organizations, to carry out prediction on statistics, and provide reference and basis for the decision-making on carrying out insurance supervision and enhancing the healthy development of the insurance industry.

The basic tasks of an insurance organization in statistical work shall be: to complete various insurance statistical work, carry out statistical analysis and prediction, and report related insurance statistical information in a truthful, complete, accurate and timely way.

Article 5

The insurance statistical work shall comply with the principle of objectiveness, science, unification and timeliness.

Article 6

The administrative structure under unified leadership with each level assuming taking charge of its own work shall be carried out for insurance statistical work.

The CIRC shall take charge of supervising and managing the national insurance statistical work, managing the statistical information of national insurance industry; upon the authorization of the CIRC, the dispatched institutions of the CIRC shall take charge of supervising and administering the related insurance statistical work within their own jurisdictions, and administer the statistical information of the insurance industry within their jurisdictions.

The insurance statistical work of its own organization shall be taken charge of by an insurance organization.

Article 7

All statistics organizations or statisticians shall have the duty to keep confidential on the state secrets it/he knows of in the insurance statistical work and the business secrets of the objects of statistics investigation.

Article 8

The "insurance organizations" as mentioned in these Provisions means the commercial insurance companies and their branches set up upon the approval of the CIRC and its dispatched institutions and registered under law.

Chapter II Statistics Organizations and Statisticians

Article 9

The CIRC shall carry out the functions of statistical work as follows:

1.

To draft out insurance statistics bylaws and statistical standards, to set up and perfect insurance statistics index system; and

2.

To take charge of the design, development, maintenance, management and upgrading of the statistical information system of the CIRC.

Article 10

The CIRC and its dispatched institutions shall carry out the functions of statistical work as follows:

1.

To organize, coordinate and administer the statistical work of insurance organizations, and to constitute and carry out plans for statistical work of insurance organizations;

2.

To gather, audit, collect and analyze insurance statistical information, compile statistics analysis report, and publicize the related insurance statistical information;

3.

To administer insurance statistical information, set up and maintain statistical information database of insurance industry;

4.

To organize and carry out statistical survey and statistical supervision over and inspection on insurance industry; and

5.

To organize vocational training on insurance statisticians.

Article 11

An insurance organization shall set up or designate a functional department to take charge of statistical work, set up a statistics post, and equip with related statisticians.

Article 12

An insurance organization shall carry out the functions of statistical work as follows under law:

1.

To manage the insurance statistical work of its own organization;

2.

To constitute the insurance statistics bylaws of its own organization;

3.

To gather, collect, compile, and administer the insurance statistical information of its own organization, and report statistical information under law to the CIRC and its dispatched institutions as well as other related organizations;

4.

To complete the statistical survey tasks deployed by the CIRC and its dispatched institutions, and carry out statistical surveys, analyses as well as predictions inside the insurance organization;

5.

To enforce construction on statistical information automatic system, and to set up and perfect statistical information management system;

6.

To organize the implementation of statistics laws and regulations and statistics quality inspection; and

7.

To organize vocational training on insurance statisticians.

Article 13

The staffing of statisticians shall meet the requirements as follows:

1.

The statisticians shall stick to the principle of seeking truth from facts, scrupulously comply with professional ethics, and be qualified with the professional knowledge needed to complete statistical work;

2.

The quantity of the statisticians shall be proper for the statistical work; and

3.

The statisticians shall be relatively stable.

Chapter III Collection and Report of Statistical information

Article 14

The insurance statistical information may take the form of questionnaire and may be gathered and reported through network system, fax, and other ways.

Article 15

The insurance statistics year shall be the year of the Gregorian calendar, that is, starting from zero's clock of January 1 of each year till the 24 o'clock of December 31 of the current year.

Article 16

The frequency for an insurance organization to report statistical information to the CIRC and its dispatched institutions shall be: monthly special report, monthly report, quarterly report, semi-annual report, annual report and irregular report.

The frequency for reporting the insurance statistical information may be changed by the CIRC according to the need of supervision.

Article 17

The time for reporting insurance statistical information shall be: a monthly special report shall be made within the first two workdays of the next month; a monthly report shall be made within the first 10 days of the next month; a quarterly report, semi-annual report or annual report shall be made within the first 12 days of the next quarter, the second half of the year and the next year. An irregular report shall be handed in under the provisions of the CIRC.

The time for reporting the aforesaid monthly report, quarterly report, semi-annual report and annual report may be postponed for 3 days if the report date meets May 1st, October 1st, or the holidays in Spring Festival.

The time for reporting the statistical information may be changed by the CIRC according to the need of supervision.

Chapter IV Statistical Survey and Statistical Analysis

Article 18

The CIRC and its dispatched institutions may make statistical surveys on any insurance organization according to needs. The main contents of a statistical survey shall consist of the business operation status of an insurance organization, financial status and the staffing of personnel of an organization.

Article 19

Insurance market and the conditions for macro-economic development shall be periodically analyzed and researched, and such conditions as its influence on the development of insurance industry shall be investigated and researched by the CIRC and its dispatched institutions.

The insurance business conditions of its own organization shall be analyzed by an insurance organization periodically.

Chapter V Publicity of Statistical information

Article 20

Statistical information on insurance industry nationwide shall be periodically publicized by the CIRC through the website of the CIRC.

Statistical information on insurance industry within their own jurisdictions shall be publicized periodically by the dispatched institutions of the CIRC under the related provisions of the CIRC.

Article 21

The statistical information on insurance industry publicized by the dispatched institutions of the CIRC shall exclude the contents as follows:

1.

Insurance statistical information not publicized outside their own jurisdictions; or

2.

The conclusion concerning the comparison with and analysis on the preceding insurance statistical information.

Article 22

The related statistical information shall be publicized by an insurance organization under law.

The statistical information publicized by any insurance organization shall not be harmful to the lawful rights and interests of any other entity or individual.

Article 23

The insurance statistical information on state secrets shall not be opened by any entity or individual without permission or approval.

The publicity and management of insurance statistical information involving state secrets shall be carried out under the related laws, administrative regulations and other provisions on keeping secrets.

Chapter VI Statistical Supervision and Management

Article 24

The statistical information shall be reported by an insurance organization in a truthful, complete and accurate way under the provisions of the CIRC and its dispatched institutions.

Article 25

No insurance organization may delay, omit, hide, falsify, refuse to report, forge or juggle any statistical information, and the statistical information reported shall not be misleading.

Article 26

An insurance organization shall take measures to make sure the consistency of statistical information.

Article 27

The CIRC and its dispatched institutions shall make inquiry to any data if discovering any question when auditing statistical information.

Article 28

If there is any mistake in the statistical information reported by any insurance organization, the CIRC or its dispatched institutions shall have the right to order the insurance organization to make correction on it and make written statements.

Article 29

No person in charge of any insurance organization may revise violating regulations any statistical information provided by any statistics organization or statistician under the related provisions, or order by force or incite any statistics organization or statistician to juggle or compile false statistical information; if he discovers any mistake in the computation of any statistical information or sources of data, he shall point it out, and the statistics organization shall verify and make correction on it under the related provisions.

Article 30

A person in charge of the organization shall be designated respectively by the organization with legal person status of any insurance organization and its branches as the person in charge for insurance statistics.

An internal functional department shall be designated respectively by the organization with legal person status of any insurance organization and its branches as the statistics contact department, whose major person-in-charge shall be the contact person for insurance statistics.

The specific scope of the branches in the preceding two paragraphs shall be prescribed by the dispatched institutions of the CIRC according to the reality of their own jurisdictions.

Article 31

An insurance organization shall give a report to the CIRC or its dispatched institutions within 10 workdays after designating or altering the person in charge for insurance statistics and contact person for insurance statistics.

Article 32

The legal representative or the main person in charge of the branches shall audit and confirm the statistical information submitted by an insurance organization.

Article 33

The CIRC and its dispatched institutions shall set up system of circulating a notice of report on submission of insurance statistical information to make examination on the conditions concerning the time for the late report of statistical information or revision of the statistical information reported by any insurance organization and the quality of statistical information data, and publicize the examination result periodically.

Article 34

The CIRC and its dispatched institutions shall taking charge of making statistical supervision and inspection on insurance organizations. The contents of statistical supervision and inspection shall mainly consist of the implementation of the statistical system of insurance organizations, setup of statistics posts, staffing of statisticians and the quality of statistical information, etc.

Insurance organizations shall accept the statistical supervision and inspection carried out by the CIRC and its dispatched institutions.

Article 35

An insurance organization shall examine and summarize the statistical work of its own organization periodically and make correction in time if discovered any problem.

Chapter VII Rewards and Penalties

Article 36

The CIRC shall make appraisal through comparison on the insurance statistical work of its own department, and give commendation, record a merit, record a great merit, promotion, upgrade, or grant a honorable title respectively to any insurance statistician or collective that has any of the performances as follows, and may give certain award:

1.

Having made outstanding contributions to the reform and perfection of insurance statistical system, statistical methods and other aspects;

2.

Having made prominent achievements in completing insurance statistics survey tasks and making sure the accuracy and timeliness of statistical materials;

3.

Having made certain innovation and obtained important achievements in making insurance statistical analysis, prediction and supervision;

4.

Having obtained obvious effects in applying and popularizing modern information technology to make insurance statistics;

5.

Having made important contributions to improving insurance statistics education and statistical vocational training, making scientific research of statistics, and improving scientific level of statistics, etc;

6.

Having made outstanding performance in being true to the fact, dealing with affairs under law, and struggling against the violations of the statistics laws and regulations and statistical systems; or

7.

Having merit in disclosing or reporting insurance statistics illegal acts.

The aforesaid provisions shall be referred to for the appraisal by analogy by any insurance organization on insurance statistical work of its own organization.

Article 37

The CIRC or its dispatched institutions may have a supervision talk with any insurance organization violating these Provisions and having any of the acts as prescribed in Article 38 or 39.

Article 38

If violating these Provisions and having any of the acts as follows, any insurance organization shall be given warnings and ordered to make correction; if it does not make correction exceeding the time limit, it shall be fined more than RMB 10,000 Yuan and less than RMB 100,000 Yuan:

1.

To fail to report the related statistical information in accordance with the prescribed time;

2.

With major omissions on the statistical information; or

3.

With misrepresentations on the statistical information.

Article 39

If violating these Provisions and having any of the acts as follows, any insurance organization shall be given warnings, ordered to make correction, and fined more than RMB 10,000 Yuan and less than RMB 50,000 Yuan; if the situations are serious, it shall be restricted the business scope and be ordered to stop accepting new business or revoked license for operating insurance business:

1.

To provide false statistical information; or

2.

To refuse or obstruct the inspection and supervision implemented under law.

Article 40

If any of the statisticians of the CIRC and its dispatched institutions has any of the acts as follows, his entity or the upper level entity shall give him such disciplinary punishments as warnings, severe warnings, a demerit for the record, a special demerit for the record, or degradation:

1.

To falsely report, forge or juggle insurance statistical information; or

2.

To publicize insurance statistical information by himself exceeding power violating the secrecy clauses of these Provisions, which causes serious consequences.

Chapter VIII Supplementary Provisions

Article 41

The insurance statistical work of the organizations as follows shall be governed by the provisions of laws, regulations or the provisions of the CIRC, if any; if there are no provisions on laws, administrative regulations or the CIRC, the insurance statistical work of the organizations as follows shall be governed by these Provisions:

1.

Insurance intermediary organizations;

2.

Insurance group companies;

3.

Insurance shareholding companies;

4.

Policy-oriented insurance companies; and

5.

Insurance assets management companies.

Article 42

The insurance statistical work of any branch of any foreign insurance company shall be governed by the provisions of these Provisions on the work of insurance statistics of the organization of the insurance company with legal person status.

Article 43

Under these Provisions, detailed implementation rules may be constituted by the dispatched institutions of the CIRC.

Article 44

The CIRC has the power to make interpretation on these Provisions.

Article 45

These Provisions shall go into effect as of November 1, 2004. The Interim Measures for the Administration of Insurance Regulatory Statements promulgated on February 23rd, 1999 by the CIRC shall be abolished concurrently.