TLDR; Below is the English-translated version of China’s Measures for the Administration of Foreign-Related Surveys (National Bureau of Statistics Order No. 7), which govern how overseas organizations — and the parties working with them in China — may conduct market and social surveys involving respondents in mainland China.
If your company runs customer research, user interviews, panels, or any other market or social survey that reaches respondents in mainland China, these Measures determine who is permitted to collect that data, which projects require prior government approval, and what survey materials and results may be provided overseas. They sit alongside the Personal Information Protection Law (PIPL) and the Data Security Law as part of the compliance picture every international business should confirm with counsel before fielding a survey in China.
Measures for the Administration of Foreign-Related Surveys (Promulgated on October 13, 2004 by Order No. 7 of the National Bureau of Statistics)
Chapter I — General Provisions
Article 1. In order to strengthen the regulation and administration of foreign-related surveys, safeguard national security and the public interest of society, and protect the lawful rights and interests of survey organizations and survey respondents, these Measures are formulated in accordance with the “Statistics Law of the People’s Republic of China” and its implementing rules.
Article 2. “Foreign-related surveys” as referred to in these Measures include:
(1) Market surveys and social surveys conducted upon the commission or with the funding of overseas organizations, individuals, or the in-China institutions of overseas organizations;
(2) Market surveys and social surveys conducted in cooperation with overseas organizations, individuals, or the in-China institutions of overseas organizations;
(3) Market surveys lawfully conducted by the in-China institutions of overseas organizations;
(4) Market surveys and social surveys whose survey materials or survey results are provided to overseas organizations, individuals, or the in-China institutions of overseas organizations.
Article 3. “Market survey” as referred to in these Measures means the activity of collecting and compiling information on the performance and prospects of goods and commercial services in the market.
“Social survey” as referred to in these Measures means the activity of collecting, compiling, and analyzing social information by means of questionnaires, interviews, observation, or other methods, other than market surveys.
“Overseas” as referred to in these Measures means outside the customs territory of the People’s Republic of China; “within China” means inside the customs territory of the People’s Republic of China.
“In-China institutions of overseas organizations” as referred to in these Measures means branches and resident representative offices established within China by overseas organizations with the approval of the government of our country.
“Foreign-related survey organization” as referred to in these Measures means an organization that has lawfully obtained a Foreign-Related Survey Permit.
Article 4. The National Bureau of Statistics, together with the relevant departments of the State Council, is responsible for the supervision and administration of foreign-related surveys throughout the country. The statistics authorities of local people’s governments at or above the county level, together with the relevant departments of the people’s governments at the same level, are responsible for the supervision and administration of foreign-related surveys within their respective administrative regions.
Article 5. The National Bureau of Statistics and the statistics authorities of provincial people’s governments and their staff have an obligation to keep confidential any commercial secrets they become aware of in the administration of foreign-related surveys.
Article 6. Those engaging in foreign-related surveys must comply with the laws, regulations, and rules of our country and the relevant provisions of the State.
Article 7. No organization or individual may conduct a foreign-related survey that may lead to any of the following consequences:
(1) Violating the basic principles established by the Constitution;
(2) Endangering the unity, sovereignty, or territorial integrity of the State;
(3) Stealing, spying on, buying, or divulging State secrets or intelligence, endangering national security, or harming State interests;
(4) Violating the State’s religious policy or undermining ethnic unity;
(5) Disrupting the social and economic order, undermining social stability, or harming the public interest of society;
(6) Propagating cults or superstition;
(7) Carrying out fraudulent activities or infringing upon the lawful rights and interests of others;
(8) Other circumstances identified by laws, regulations, rules, or relevant provisions of the State.
Article 8. The State implements a system of qualification accreditation for foreign-related survey organizations and a system of examination and approval for foreign-related social survey projects.
Article 9. Foreign-related market surveys must be conducted through foreign-related survey organizations; foreign-related social surveys must be conducted through foreign-related survey organizations after being reported for and obtaining approval.
Overseas organizations and individuals may not directly conduct market surveys or social surveys within China, nor may they conduct market surveys or social surveys through organizations that have not obtained a Foreign-Related Survey Permit.
Chapter II — Qualification Accreditation and Administration of Foreign-Related Survey Organizations
Article 10. The National Bureau of Statistics and the statistics authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the qualification accreditation of organizations applying for a Foreign-Related Survey Permit.
No individual, and no organization that has not obtained a Foreign-Related Survey Permit, may conduct foreign-related surveys in any form.
Article 11. An organization applying for a Foreign-Related Survey Permit shall meet the following conditions:
(1) Being lawfully established and having the status of a legal person;
(2) Its business scope or scope of operations including market survey or social survey content;
(3) Having personnel familiar with the State’s relevant provisions on the administration of foreign-related surveys;
(4) Having survey capabilities commensurate with the foreign-related surveys to be undertaken;
(5) Having carried out three or more survey projects within the one year prior to the date of application, or having a survey turnover reaching 300,000 yuan;
(6) Having a strict and sound system for keeping materials confidential;
(7) Having no major record of violations of law within the most recent two years.
Article 12. An in-China institution of an overseas organization whose business scope includes market survey content may, if it meets the conditions in items (3), (6), and (7) of Article 11, apply for a Foreign-Related Survey Permit to directly conduct, within China, market surveys of goods or commercial services related to that institution; however, it may not engage in social surveys.
Article 13. To apply for a Foreign-Related Survey Permit, the following documents shall be submitted:
(1) The application form for a Foreign-Related Survey Permit;
(2) Other materials proving the matters listed in Article 11 or Article 12.
Article 14. An organization applying for a Foreign-Related Survey Permit shall, if the scope of its surveys spans the administrative regions of provinces, autonomous regions, or municipalities directly under the Central Government, apply to the National Bureau of Statistics; if the scope of its surveys is limited to the administrative region of a single province, autonomous region, or municipality directly under the Central Government, apply to the statistics authority of that province’s, autonomous region’s, or municipality’s people’s government.
The National Bureau of Statistics or the statistics authority of the people’s government of the province, autonomous region, or municipality directly under the Central Government shall, within 20 days from the date of acceptance, make a decision to approve or not to approve. Where a decision cannot be made within the time limit, the time limit may be extended by 10 days with the approval of the person in charge of the administrative organ, and the applicant shall be informed of the reason for the extension. Where a decision to approve is made, a Foreign-Related Survey Permit shall be issued; where a decision not to approve is made, the applicant shall be notified in writing and the reasons shall be explained.
Article 15. A Foreign-Related Survey Permit issued by the National Bureau of Statistics is valid throughout the country. A Foreign-Related Survey Permit issued by the statistics authority of the people’s government of a province, autonomous region, or municipality directly under the Central Government is valid within that administrative region.
Article 16. A Foreign-Related Survey Permit shall state the survey organization’s name, type of registration, legal representative or principal person in charge, domicile, the issuing authority, date of issuance, number, permitted scope, period of validity, and other such items.
Article 17. Where there is a change in the name, type of registration, legal representative or principal person in charge, domicile, or other such details of a foreign-related survey organization, it shall apply to the original issuing authority to amend the Foreign-Related Survey Permit.
Article 18. The period of validity of a Foreign-Related Survey Permit is three years.
A foreign-related survey organization that needs to extend the period of validity of its Foreign-Related Survey Permit shall apply to the original issuing authority 30 days before the expiration of the period of validity. If no application is filed before the deadline, the period of validity of the Foreign-Related Survey Permit will not be extended.
Article 19. Where foreign-related survey operations are terminated, the Foreign-Related Survey Permit shall be returned to the original issuing authority within 30 days after the termination of operations.
Where the period of validity of a Foreign-Related Survey Permit expires, the expired Foreign-Related Survey Permit shall be returned to the original issuing authority within 30 days after expiration.
Article 20. No organization or individual may forge, fraudulently use, or transfer a Foreign-Related Survey Permit.
Chapter III — Administration of Foreign-Related Survey Projects
Article 21. The National Bureau of Statistics and the statistics authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the examination and approval of foreign-related social survey projects.
Article 22. When a foreign-related survey organization applies for approval of a foreign-related social survey project, it shall submit the following documents:
(1) The application form for the foreign-related social survey project;
(2) A copy of the Foreign-Related Survey Permit;
(3) A copy of the contract for the commission, funding, or cooperation;
(4) The survey plan, including the purpose, content, scope, timing, respondents, and methods of the survey;
(5) The survey questionnaire, forms, or the interview or observation outline;
(6) Other background materials relating to the survey project.
Article 23. When a foreign-related survey organization applies for approval of a foreign-related social survey project, if the scope of the survey spans the administrative regions of provinces, autonomous regions, or municipalities directly under the Central Government, it shall apply to the National Bureau of Statistics; if the scope of the survey is limited to the administrative region of a single province, autonomous region, or municipality directly under the Central Government, it shall apply to the statistics authority of that province’s, autonomous region’s, or municipality’s people’s government.
The National Bureau of Statistics or the statistics authority of the people’s government of the province, autonomous region, or municipality directly under the Central Government shall, within 20 days from the date of acceptance, make a decision to approve or not to approve. Where a decision cannot be made within the time limit, the time limit may be extended by 10 days with the approval of the person in charge of the administrative organ, and the applicant shall be informed of the reason for the extension. Where a decision to approve is made, an approval document for the foreign-related social survey project shall be issued; where a decision not to approve is made, the applicant shall be notified in writing and the reasons shall be explained.
Article 24. An approved foreign-related social survey project may not be altered without authorization; where an alteration is necessary, the foreign-related survey organization shall apply to the original approving authority with respect to the part to be altered.
The examining and approving authority shall make a decision to approve or not to approve the alteration in accordance with the provisions of the second paragraph of Article 23.
Article 25. Foreign-related surveys shall follow the principle of voluntariness; survey respondents have the right to decide on their own whether to accept a survey, and no organization or individual may compel a survey respondent to accept a survey.
When conducting a foreign-related survey, a foreign-related survey organization shall explain the purpose of the survey to the survey respondents, and may not fraudulently use the name of another organization or engage in misleading conduct.
Article 26. An approved foreign-related social survey shall, in a prominent position on the first page of the survey questionnaire, forms, or interview or observation outline, indicate and explain to the survey respondents the following matters:
The number of the Foreign-Related Survey Permit;
The approving authority and approval document number of the survey project;
That this survey is one that the survey respondent accepts voluntarily.
Article 27. A foreign-related survey organization shall establish archives for its foreign-related survey operations.
Article 28. No organization or individual may forge, fraudulently use, or transfer an approval document for a foreign-related social survey project.
Article 29. Foreign-related survey organizations and the personnel concerned have an obligation to keep confidential the commercial secrets and personal privacy they become aware of in the course of a foreign-related survey.
Chapter IV — Legal Liability
Article 30. Violations of the provisions of Article 7 of these Measures shall be punished in accordance with the provisions of Article 34 of the “Implementing Rules of the Statistics Law of the People’s Republic of China.”
Article 31. Where there is a violation of the provisions of these Measures under any of the following circumstances, the National Bureau of Statistics or the statistics authority of a provincial people’s government shall order corrections. Where the survey activity is non-operational in nature, a fine of 500 to 1,000 yuan may be imposed; where the survey activity is operational in nature and there are unlawful gains, a fine of one to three times the unlawful gains but not exceeding 30,000 yuan may be imposed; where there are no unlawful gains, a fine of 3,000 to 10,000 yuan may be imposed. Where a crime is constituted, criminal liability shall be pursued in accordance with law:
(1) Conducting a foreign-related survey other than through an organization that has obtained a Foreign-Related Survey Permit;
(2) Conducting a foreign-related survey without having obtained a Foreign-Related Survey Permit;
(3) Forging, fraudulently using, or transferring a Foreign-Related Survey Permit or an approval document for a foreign-related social survey project;
(4) Engaging in foreign-related surveys using a Foreign-Related Survey Permit that has exceeded its period of validity;
(5) Engaging in foreign-related surveys beyond the permitted scope.
Article 32. Where a foreign-related survey organization or the personnel concerned violate the provisions of these Measures under any of the following circumstances, the National Bureau of Statistics or the statistics authority of a provincial people’s government shall order corrections. Where the survey activity is non-operational in nature, a fine of 500 to 1,000 yuan may be imposed. Where the survey activity is operational in nature and there are unlawful gains, a fine of one to three times the unlawful gains but not exceeding 30,000 yuan may be imposed; where there are no unlawful gains, a fine of 3,000 to 10,000 yuan may be imposed. Where a crime is constituted, criminal liability shall be pursued in accordance with law:
(1) Conducting a foreign-related social survey without authorization and without approval;
(2) Altering an approved foreign-related social survey project without authorization and without approval;
(3) Divulging the commercial secrets or personal privacy of survey respondents;
(4) Compelling survey respondents to accept a survey;
(5) Conducting a foreign-related survey by fraudulently using the name of another organization;
(6) Failing to establish archives for foreign-related survey operations;
(7) Refusing to accept inspection by the administrative authority;
(8) Refusing to provide information and relevant materials, or providing false information and materials, during an inspection by the administrative authority;
(9) Failing to indicate, or failing to explain to the survey respondents, the matters provided for in Article 26.
Article 33. Where a foreign-related survey organization violates the provisions of these Measures under any of the following circumstances, the National Bureau of Statistics or the statistics authority of a provincial people’s government shall order corrections, give a warning, and may impose a fine of 500 to 1,000 yuan:
(1) Where there is a change in the name, type of registration, legal representative or principal person in charge, domicile, or other such details of the foreign-related survey organization, and it fails to apply in accordance with law to amend the Foreign-Related Survey Permit;
(2) Where, after terminating foreign-related survey operations or after the expiration of the period of validity of the Foreign-Related Survey Permit, it fails to return the Foreign-Related Survey Permit to the original issuing authority.
Article 34. Where staff of a statistics authority neglect their duties or abuse their powers in the administration of foreign-related surveys, they shall be given administrative sanctions in accordance with law; where a crime is constituted, criminal liability shall be pursued in accordance with law.
Article 35. Where staff of the National Bureau of Statistics or of the statistics authority of a provincial people’s government divulge commercial secrets they become aware of in the administration of foreign-related surveys, they shall bear civil liability in accordance with law, and the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions in accordance with law.
Chapter V — Supplementary Provisions
Article 36. Surveys involved in cooperative projects between the government of our country and foreign governments or international organizations shall be carried out in accordance with the relevant provisions of the State.
Article 37. The time limits for implementing administrative licensing provided for in these Measures are calculated in working days, excluding statutory holidays.
Article 38. These Measures shall take effect as of the date of promulgation. The “Interim Measures for the Administration of Foreign-Related Social Survey Activities,” promulgated by the National Bureau of Statistics on July 16, 1999, are repealed at the same time.
Closing
The original document was published in Chinese by China’s National Bureau of Statistics; we translated it into English, which is what you read above. This translation is provided for quick comprehension only and should be used at your own discretion and risk — always confirm the current requirements with qualified legal counsel before conducting any survey in China.
If you need further help from our team, contact us today, and our experts will help you keep your presence in China compliant from the ground up.
