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NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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Law No. 89/2015/QH13
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Hanoi, November 23, 2015
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LAW ON STATISTICS
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly has promulgated the Law
on Statistics
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Law regulates statistical activities and
use of state statistical information; rights and obligations and responsibility
of agencies, organizations, and individuals in statistical activities and use
of state statistical information; organization of state statistics and
statistical activities, use of statistical information outside state
statistics.
Article 2. Regulated
entities
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Article 3. Interpretation of
terms
In this Law, some terms are construed as
follows:
1. Statistical reports mean forms and
instructions on collection and recording of data, statistical information on a
particular study subject according to scientific and unified method as
stipulated in the regulation on statistical reports for a certain period of
time.
2. Regulation on statistical reports (hereinafter
referred to as ‘statistical reporting regulation’) means provisions and
instructions provided by competent state agencies on the implementation of a
collection of interrelated statistical reports for compilation of statistical
indicators in a statistical indicator system and compilation of other
statistical information for serving state administration.
3. Statistical indicators reflects
characteristics of scale, growth rate, structure, common level, proportional
relationship of part or whole of a socio-economic phenomenon in specific space
and time conditions. Statistical indicators include indicator name and
indicator value.
4. Statistical program means documents
approved by competent state agencies including statistical indicator system,
statistical investigation program, statistical reporting regulation and other
programs in connection with statistical activities.
5. Statistical database means a
collection of interrelated statistical data and information arranged and organized
in a certain structure for management, updating and exploitation for
statistical purposes and other purposes according to laws. Statistical database
is composed mainly of statistical data and information from statistical
investigation, administrative records, statistical reports, national database,
and database from ministries, departments and localities.
6. Administrative database means data
from regulatory agencies recorded, stored and updated in administrative records
in paper for electronic forms.
7. Statistical data includes qualitative
and quantitative data forming statistical information on study phenomenon.
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9. Statistical investigators mean persons
mobilized by agencies, organizations conducting statistical investigation for
collection of information.
10. Statistical indicator system means a
collection of statistical indicators reflecting characteristics of
socio-economic phenomenon.
Statistical indicator system includes the list
and contents of statistical indicators. The list of statistical indicators includes
codes, groups and names of indicators. Contents of statistical indicators
include concepts, calculating methods, main groupings, periods of publication,
sources of figures of statistical indicators and bodies responsible for
collection and compilation.
11. Statistical activities mean
activities of determining demands for collected information; preparations for
collection; processing and compilation; analysis and forecasts, publication and
storage of statistical information on study phenomenon in specific space and
time conditions.
12. Statistical activities outside state
statistics mean statistical activities performed by organizations and
individuals outside statistical program.
13. State statistical activities mean
statistical activities performed or authorized to other organizations by state
statistical organization system, competent state agencies inside the
statistical program.
14. Official statistical figures mean
statistical figures reflecting results of socio-economic phenomenon adequately
and accurately in a specific space and time that are processed, compiled,
assessed and asserted.
15. Preliminary statistical figures mean
statistical figures reflecting results of socio-economic phenomenon adequately
in a specific space and time but not being asserted and requiring further
assessment and checks.
17. Estimated statistical figures mean
statistical figures anticipating socio-economic phenomena currently happening,
compiled from figures of past periods, updated from realities and figures of
future periods, using professional methods for estimation.
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19. State statistical information means
statistical information produced by state statistics having legal value and
published by competent state agencies.
20. General census means the whole
statistical investigation aimed at collecting statistical data and information
on subjects under investigation across the country in connection with branches,
areas and levels.
Article 4. Purposes of
statistics
1. State statistical activities aim at provision
of statistical information for following purposes:
a) Meet demands for assessment, forecasting,
strategic planning, establishment of plans, policy planning, and socio-economic
development management;
b) Meet demands for inspection and supervision
of implementation of plans and policies on socio-economic development;
c) Meet demands of agencies, organizations, and
individuals for use of statistical information;
2. Statistical activities outside state
statistics aim at providing statistical information to serve research,
production and trading by organizations and individuals meeting legitimate
demands.
Article 5. Basic principles
of statistical activities and use of statistical data, information
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a) Honesty, objectivity, accuracy, adequacy and
timeliness;
b) Independence in professional knowledge and
competence in statistics;
c) Uniformity in professional knowledge and
competence;
d) Public disclosure, transparency;
dd) Comparability
2. Basic principles of statistical activities
outside state statistics comprise:
a) Principles as prescribed in Points a, b, and
c, Clause 1, this Article;
b) Willingness and self-responsibility;
c) Not invading national interests, lawful
rights and interests of agencies, organizations, and individuals;
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a) Cite sources of statistical data, information
being used;
b) Have equal access to state statistical data,
information published;
c) Keep statistical data, information
confidential according to laws;
Article 6. State
administration on statistics
1. Establish and conduct the implementation of
strategy, planning, plan and policies on development of statistical activities
2. Establish, promulgate and conduct
implementation of legislative documents on statistics;
3. Popularize and education laws on statistics;
4. Establish and organize state statistics,
training in professional knowledge and competence in statistics;
5. Organize scientific research; apply advanced
statistical methods and information technology to statistical activities;
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7. Investigate and inspect compliance with laws
on statistics and handle violations;
8. Settlement of complaints, denunciations in
statistics;
Article 7. State
administration agencies on statistics
1. The Government shall unify state
administration on statistics.
2. The Ministry of Planning and Investment shall
be responsible to the Government for unifying state management on statistics.
3. Ministries, ministerial-level agencies within
duties and authority shall be responsible for state administration on
statistics in the areas tasked.
4. People’s committees at all levels shall be
responsible for state administration on statistics in localities within duties
and authority;
Article 8. Specialized
Statistical Inspectorate
1. Specialized statistical inspectorate is
activities of inspection by competent state agencies on compliance with laws on
statistics, regulations on professional knowledge and competence in statistics
by organizations and individuals.
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Statistics agencies of central-affiliated cities
and provinces (hereinafter referred to as provincial-level statistics agencies)
shall be responsible for performing specialized inspection in localities.
2. The specialized statistical inspectorate
shall have following duties and authorities:
a) Inspect compliance with laws on statistics
and regulations on professional knowledge and competence in statistics by
agencies, organizations, and individuals;
b) Detect, prevent and handle within competence
or make requests to competent state agencies for handling violations of the
laws on statistics;
3. Activities of specialized statistical
inspection, rights and obligations of heads of the inspectorate, inspectors or
officials tasked with performing specialized statistical inspection are
prescribed in the laws on inspection.
4. The Government shall provide detailed
regulations on specialized statistical inspection.
Article 9. Expenses for
statistical activities
1. The state shall guarantee expenditures for
state statistical activities Management, issuance and use of expenditures for
state statistical activities are instructed in the laws on state budget.
2. Expenditures for statistical activities
outside state statistics shall be provided by organizations and individuals
performing statistical activities.
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1. Prohibited acts in state statistical
activities and use of statistical information:
a) Fail to perform or perform supply of
information in an inadequate manner causing obstructions to the supply of
information according to statistical investigation plan, statistical reporting
regulation and from administrative data decided by competent state agencies;
b) Falsify statistical information data;
c) Interfere in, force, bride, threaten or
entice others to falsify statistical data, information and use of statistical
information;
d) Wrongly execute regulations in statistical
investigation plan, statistical reporting regulation and use of administrative
data for statistical activities; modify information at one’s own initiative
during the conduct of inspection, statistical reports and supply of information
from administrative data;
dd) Report and publish statistical information
inaccurately;
e) Disclose statistical information of state
confidentiality; disclose unpublished statistical data, information; use data
and information from agencies, organizations, and individuals outside
statistical purposes without consent of such agencies, organizations, and
individuals;
g) Decide statistical investigation and
promulgate statistical reporting regulation in opposition with the laws on
statistics;
2. Prohibited acts in state statistical activities
and use of statistical information outside state statistics:
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b) Collect and disseminate statistical
information of state confidentiality, invade national interests and lawful rights
and interests of organizations and individuals;
Article 11. Handling of
violations
Any person who commits acts that violate the law
on statistics shall be disciplined, penalized for administrative violations or liable
to criminal prosecution depending on nature and severity of the violations.
Chapter II
STATE STATISTICAL
INFORMATION SYSTEM
Article 12. State
statistical information system
1. National statistical information system
2. Statistical information systems of the
ministries, ministerial-level agencies, Governmental agencies, the Supreme
People’s Court, the Supreme People’s Procuracy, State Audit (hereinafter
referred to as ministerial, department-level statistical information system).
3. Provincial-level statistical information
system
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Article 13. National
statistical information system
1. National statistical information system
reflects socio-economic situations throughout the country.
2. Statistical information in the national
statistical information system includes:
a) Statistical information performed by
concentrated system of statistical organizations;
b) Statistical information performed by
ministries, departments supplied to central statistics agencies for
compilation;
3. The Minister of Planning and Investment shall
preside over and unify management of national statistical information system,
provincial and commune -level statistical information system; organize and
coordinate connection and supply of data, information among state statistical
information systems
Article 14. Ministerial,
department–level statistical information system
1. Ministerial, department-level statistical
information system reflects socio-economic situations at ministerial and department
level.
2. Statistical information in ministerial,
department-level statistical information system includes:
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b) Statistical information performed by
professional bodies affiliated to People’s committees of provinces, high-level
People’s Court, provincial-level People’s Court, high-level People’s Procuracy,
provincial-level People’s Procuracy supplied to ministries, departments for
compilation;
3. Ministers, heads of ministerial-level agencies,
Governmental agencies, president of the Supreme People’s Court, the Chief
Procurator of the Supreme People’s Procuracy, State Auditor General shall
preside over the establishment and management of ministerial, department-level
statistical information.
Article 15.
Provincial-level statistical information system
1. Provincial-level statistical information
system reflects socio-economic situations in provincial-level administrative
divisions.
2. Provincial-level statistical information
system includes:
a) Statistical information performed by
provincial-level statistics agencies;
b) Statistical information performed by
professional bodies affiliated to People’s committees of provinces, provincial-level
People’s Court, provincial-level People’s Procuracy, by professional bodies
affiliated to ministries, ministerial-level agencies in provincial-level
administrative divisions, supplied to provincial-level statistics agencies for
compilation;
3. Heads of provincial-level statistics agencies
shall be responsible for management of provincial-level statistical information
system.
Heads of agencies as prescribed in Point b,
Clause 2, this Article shall be responsible for management of statistical
information within the areas assigned.
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1. District-level statistical information system
includes:
a) Statistical information performed by
statistics agencies in district-level administrative divisions (hereinafter
referred to as district-level statistics agencies)
b) Statistical information performed by
professional bodies affiliated to People’s committees of provinces,
district-level People’s Court, district-level People’s Procuracy, by
professional bodies affiliated to ministries, ministerial-level agencies in
district-level administrative divisions, People’s Committees of communes,
supplied to district-level statistics agencies for compilation;
2. Heads of district-level statistics agencies
shall be responsible for management of district-level statistical information
system.
Heads of agencies as prescribed in Point b,
Clause 1, this Article shall be responsible for management of statistical
information within the areas assigned.
Article 17. National
statistical indicator system
1. National statistical indicator system is a
collection of main statistical indicators promulgated by competent state
agencies with the aim of collecting statistical information forming national
statistical information system.
2. Establishment of national statistical
indicator system should meet following requirements:
a) Must be able to reflect socio-economic
situations of the country;
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c) Must be in line with international standards;
3. National statistical indicator system
includes:
a) National statistical indicators performed by
concentrated system of statistical organizations;
b) National statistical indicators performed by
ministries, departments as assigned;
4. Lists of national statistical indicators are
prescribed in Annexes enclosed herewith.
5. National statistical indicator system is the
foundation for assignment and cooperation among ministries and departments in
the establishment of the program for national statistical investigation and use
of administrative data for statistical activities, statistical reporting
regulation and other programs in connection with statistics.
6. The Minister of Planning and Investment shall
preside over and cooperate with ministries, departments in establishing and
making submission to the Government for issuance of contents of statistical
indicators belonging to national statistical indicators; instruct, inspect and
make reports on performance of national statistical indicator system.
Article 18. Adjustments and
supplements to lists of national statistical indicators
Based on socio-economic development targets,
requirements for state administration and international integration over
periods, the Government shall check and submit to the National Assembly
amendments and supplements to the list of national statistical indicators
according to summary procedure.
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1. Ministerial, department-level statistical
indicator system is a collection of statistical indicators promulgated by
ministers, heads of ministerial-level agencies, president of the Supreme
People’s Court, the Chief Procurator of the Supreme People’s Procuracy, State
Auditor General for collection of statistical information forming ministerial,
department-level statistical information system.
2. Ministerial, department-level statistical
indicator system:
a) Ministerial, department-level statistical
indicators performed by corresponding ministries, departments;
b) Ministerial, department-level statistical
indicators performed by relevant ministries, departments, Governmental
agencies, high-level People’s Court, high-level People’s Procuracy as assigned;
c) Ministerial, department-level statistical
indicators performed by professional bodies affiliated to People’s committees
of provinces, provincial-level People’s Court, provincial-level People’s
Procuracy, by professional bodies affiliated to ministries, ministerial-level
agencies in provincial-level administrative divisions, supplied to ministries,
departments for compilation;
3. Ministerial, department-level statistical
indicator system is established in line with national statistical indicator
system and international practice. Ministerial, department-level statistical indicator
system is the foundation for assignment and cooperation among regulatory
agencies in the establishment of the program for statistical investigation and
use of administrative data for statistical activities and statistical reporting
regulation at ministerial, department level.
4. Ministers, heads of ministerial-level
agencies, president of the Supreme People’s Court, the Chief Procurator of the
Supreme People’s Procuracy, State Auditor General shall promulgate ministerial,
department-level statistical indicator system in the areas assigned.
5. Governmental agencies shall be responsible
for establishing and making submission to the ministers, heads of
ministerial-level agencies performing state administration for promulgation of
statistical indicators in the areas assigned.
Article 20. Assessment of
ministerial, department-level statistical indicator system
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2. Submissions for assessment comprise:
a) Written request for assessment;
b) Draft list of statistical indicators;
c) Draft contents of statistical indicators;
3. The assessment comprises purposes; groups and
names of indicators; concepts; calculating methods; main groupings; periods of
publication; data sources.
4. Assessment duration is 20 days since the
Assessing Agency receives adequate submissions.
5. Ministries, departments shall be responsible
for studying and delivering written explanations to central statistics agencies
for adjustments and issuance of ministerial, department statistical indicator
system. Ministers, heads of ministerial-level agencies, president of the
Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy,
State Auditor General shall be responsible for the statistical indicator system
issued by themselves.
Article 21. Adjustments and
supplements to ministerial, department-level statistical indicator system
1. Ministers, heads of ministerial-level
agencies, president of the Supreme People’s Court, the Chief Procurator of the
Supreme People’s Procuracy, State Auditor General shall make adjustments and
supplements to ministerial, department-level statistical indicator system in
accordance with adjustments and supplements to relevant statistical indicators
in national statistical indicator system meeting management requirements of
ministries and departments.
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Assessment is instructed in Article 20 hereof.
Article 22. Provincial,
district, commune-level statistical indicator system
1. Provincial-level statistical indicator system
is a collection of statistical indicators forming national statistical
information system and provincial-level statistical information system.
District-level statistical indicator system is a
collection of statistical indicators forming provincial-level statistical
information system and district-level statistical information system.
Commune-level statistical indicator system is a
collection of statistical indicators forming district-level statistical
information system.
2. Provincial, district, commune-level
statistical indicator system is the foundation for assignment and cooperation
among regulatory agencies in statistical activities at individual levels and in
the establishment of statistical reporting regulation at ministerial,
department levels.
3. Provincial, district, commune-level
statistical indicator system shall be established in line with national
statistical indicator system and meet local management requirements.
4. The Ministry of Planning and Investment shall
take following responsibilities:
a) Establish and make submission to the Prime
Minister for issuance or making adjustments, supplements to provincial,
district, commune-level statistical indicator system;
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Article 23. Statistical
classifications
1. Statistical classifications shall be used
with uniformity in state statistical activities, as foundations for unifying
use in state administration.
2. Statistical classifications comprise:
a) National statistical classifications;
b) Statistical classifications of areas,
sectors;
Article 24. National
statistical classifications
1. National statistical classifications are the statistical
classifications that commonly apply to multiple areas, sectors across the
country.
2. National statistical classifications
comprise:
a) Economic sector system;
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c) Lists of imported, exported goods;
d) Lists of imported, exported services;
dd) Lists of administrative units;
e) Lists of regions;
g) Lists of occupations;
h) Lists of education, training;
i) Lists of Vietnamese ethnic groups;
k) Lists of religions in Vietnam;
l) Other national statistical classifications;
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4. The Ministry of Planning and Investment shall
preside over and cooperate with ministries, departments in establishing and
making submission to the Prime Minister for issuance of lists and contents of
national statistical classifications.
Article 25. Statistical
classifications of areas, sectors
1. Statistical classifications of areas, sectors
are statistical classifications applied to areas, sectors and in conformity
with corresponding national statistical classifications;
2. Ministers, heads of ministerial-level
agencies, president of the Supreme People’s Court, the Chief Procurator of the
Supreme People’s Procuracy, State Auditor General shall promulgate statistical
classifications of areas, sectors as assigned outside national statistical
classifications.
3. Governmental agencies shall be responsible
for establishing and making submission to the ministers, heads of
ministerial-level agencies performing state administration for promulgation of
statistical classifications of areas, sectors as assigned.
Article 26. Assessment of
statistical classifications of areas, sectors
1. Statistical classifications of areas, sectors
should be assessed in terms of professional knowledge and competence by central
statistics agencies before promulgation.
2. Submissions for assessment comprise a written
request for assessment and a draft document about statistical classifications.
3. The assessment comprises purposes,
foundations, scope and units of statistical classifications.
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5. Ministries, departments shall be responsible
for studying and delivering written explanations to central statistics agencies
for adjustments and issuance of statistical classifications of areas, sectors.
Ministers, heads of ministerial-level agencies, president of the Supreme
People’s Court, the Chief Procurator of the Supreme People’s Procuracy, State
Auditor General shall be responsible for statistical classifications of areas,
sectors issued by themselves.
Chapter III
COLLECTION OF STATE
STATISTICAL INFORMATION
Section 1. STATISTICAL
INVESTIGATIONS
Article 27. Types of
statistical investigations
1. General national census and statistical
investigations in the national statistical investigation program;
2. Statistical investigations outside the
national statistical investigation program;
Article 28. National
statistical investigation program
1. National statistical investigation program
shall be decided by the Prime Minister and carried out periodically to collect
main information for the compilation of statistical indicators belonging to
national statistical indicator system.
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2. The Ministry of Planning and Investment shall
preside over and cooperate with ministries, department in performing following
duties:
a) Establish and make submission to the Prime
Minister for issuance or making amendments, supplements to the national
statistical investigation program;
b) Instruct, inspect and make reports on
performance of the national statistical investigation program;
3. Authorities to make decisions on
investigation in the national statistical investigation program are prescribed
as follows:
a) The Prime Minister shall make decision on
implementation of general national statistical investigation;
b) Ministers, heads of ministerial-level
agencies, Governmental agencies, president of the Supreme People’s Court, the
Chief Procurator of the Supreme People’s Procuracy, State Auditor General shall
implement statistical investigation as assigned in the national statistical
investigation program.
Article 29. General
national census
1. General national census comprises:
a) General censuses of population and housing;
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c) General censuses of economy;
d) General censuses of other countries;
2. Bodies performing general national censuses
comprise:
a) Central statistics agencies shall preside
over and cooperate with Ministries, sectors and localities in performing
general censuses as prescribed in Points a, b, and c, Clause, this Article;
b) The Prime Minister shall assign agencies to
perform general censuses as prescribed in Point d, Clause 1, this Article.
3. The Ministry of Planning and Investment shall
preside over and cooperate with ministries, departments in establishing and
making submission to the Prime Minister for making adjustments and supplements
to general national censuses;
Article 30. Statistical
investigations outside national statistical investigation program
1. Statistical investigations outside national
statistical investigation program comprise:
a) Ad hoc statistical investigations in case of
natural disasters, epidemic diseases or other unexpected cases;
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c) Statistical investigations for collection of
information of special nature meeting management requirements of People’s
committees of provinces;
2. Authorities to make decisions on statistical
investigation outside the national statistical investigation program are
prescribed as follows:
b) Ministers, heads of ministerial-level agencies,
Governmental agencies, president of the Supreme People’s Court, the Chief
Procurator of the Supreme People’s Procuracy, State Auditor General shall
decide the program and organize the implementation of statistical
investigations as prescribed in Points a, b, Clause 1, this Article.
b) Presidents of the provincial People’s
Committees shall decide the program and organize statistical investigations as
prescribed in Point c, Clause 1, this Article.
Article 31. Statistical
investigation plan
1. Every statistical investigation should be
accompanied by a statistical investigation plan enclosed with the decision on
statistical investigation issued by competent state agencies.
2. Statistical investigation plan comprises
following information:
a) Purposes and requirements for investigations;
b) Scope, subjects and investigating units;
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d) Time and methods of investigation;
dd) Contents, investigation sheets;
e) Statistical classifications used for
investigations;
g) Treatment process;
h) Investigation plan
i) Organization of investigation;
k) Expenditures and material conditions for
investigations;
Article 32. Assessment of
statistical investigation plan
1. Statistical investigation plan for
statistical investigations in the national statistical investigation program
carried out by ministries, departments and statistical investigations as
prescribed in Clause 1, Article hereof should be assessed by central statistics
agencies in terms of professional knowledge and competence before promulgation.
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3. The assessment comprises purposes, scope,
subjects, investigating units; types of investigation; time and methods of
investigation; contents, investigation sheets and statistical classifications
used in investigation.
4. Assessment duration is 20 days since the
Assessing Agency receives adequate submissions or five working days for the
assessment of statistical investigation plan as prescribed in Point a, Clause
1, Article 30 hereof.
5. Relevant ministries, departments and People’s
committees of provinces shall be responsible for studying and delivering
written explanations to central statistics agencies for adjustments and
issuance of statistical investigation plan. Ministers, heads of
ministerial-level agencies, president of the Supreme People’s Court, the Chief
Procurator of the Supreme People’s Procuracy, State Auditor General, Presidents
of the provincial People’s Committees shall be responsible for the statistical
investigation plan issued.
Article 33. Rights and
obligations of organizations and individuals chosen for statistical
investigations
1. Rights of organizations and individuals
chosen for statistical investigations:
a) Be provided with notices about decisions,
purposes, requirements, scope, contents and duration of the investigation;
b) Be guaranteed that information provided to
statistical investigators as prescribed in Article 57 hereof is kept confidential;
c) Lodge complaints, denunciations for
violations of the laws on statistical investigations;
2. Obligations of organizations and individuals
chosen for statistical investigations:
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b) Do not refuse or obstruct provision of
statistical information;
c) Be placed under inspection of bodies conducting
statistical investigation and Specialized Statistical Inspectorate for the
information provided;
Article 34. Rights and
obligations of statistical investigators
1. Rights of statistical investigators:
a) Be independent in professional knowledge and
competence during the process of collecting information according to
statistical investigation plan and instructions by bodies conducting
statistical investigations;
b) Be entitled to training in professional
knowledge and competence in statistical investigations and equipment serving
the collection of information and get paid;
c) Request subjects under investigation to
provide information according to statistical investigation plan and
instructions by bodies conducting statistical investigations;
2. Obligations of statistical investigators:
a) Perform collection of information according
to statistical investigation plan and instructions by bodies conducting
statistical investigations;
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c) Submit materials, investigation sheets as
instructed by bodies conducting statistical investigations;
Article 35. Responsibility
of bodies conducting statistical investigations
1. Construct statistical investigation plan;
2. Direct, organize, supervise and inspect the
implementation of statistical investigation plan;
3. Inspect the provision of information by
organizations and individuals chosen for statistical investigations;
4. Compile, analyze and publish results of
statistical investigations;
5. Keep confidential for information collected;
6. Reports on results of statistical
investigations to agencies of concentrated system of statistical organizations
shall be made as follows:
a) Bodies conducting statistical investigations
as prescribed in Points a and b, Clause 1, Article 30 hereof shall be
responsible for making reports on statistical investigations to central
statistics agencies;
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Section 2. USE OF
ADMINISTRATIVE DATA FOR STATE STATISTICAL ACTIVITIES
Section 36. Use of
administrative data for state statistical activities
1. Use of administrative data for state
statistical activities is a form of collecting statistical data, information
about a particular study subject from administrative data. Administrative data
used for state statistical activities is statistical data.
2. Use of administrative data for state
statistical activities comprises:
a) Compile statistical figures, statistical
indicators and make reports according to statistical reporting regulation;
b) Establish or update samples for statistical
investigations;
c) Construct and update statistical database;
3. Administrative data used for state
statistical activities comprises:
a) Database about population;
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c) Database about economic entities;
d) Database about taxes;
dd) Database about customs;
e) Database about insurance;
g) Other administrative database;
4. The state shall prioritize investment to
administrative database serving management requirements and state statistical
activities.
Article 37. Supply of data
from database for state statistical activities
1. Data from the database as prescribed in
Clause 3, Article 36 hereof supplied for state statistical activities comprise:
a) Lists of related data fields and data;
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c) Methods, frequency and time of data supply;
2. Conditions for guaranteeing supply and
receipt of data include information infrastructure, human resources and finance
3. Central statistics agencies shall cooperate
with administrative database management agencies in determining contents of the
data as prescribed in Clause 1 of this Article.
Article 38. Duties and
authority of administrative database management agencies
1. Construct administrative database serving
management requirements of areas, sectors and state statistical activities;
2. Provide data, information from the database
under management to central statistics agencies as prescribed hereof;
3. Refuse supply of data, information from the
database if requests are found going against the laws;
Article 39. Duties and
authority of central statistics agencies for management and use of
administrative database
1. Receive, manage and use data, information
from administrative database supplied to state statistical activities by data
management agencies;
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3. Do not supply to a third party any data,
information from administrative database unless otherwise as agreed by the
database management agencies;
Section 3. STATISTICAL
REPORTING REGULATION
Article 40. Statistical
reporting regulation
1. Statistical reporting regulation comprises:
a) National-level statistical reporting
regulation;
b) Ministerial, department-level statistical
reporting regulation;
2. Content of statistical reporting regulation
comprises purposes and scope of statistics, subjects of application, reporting
units, reported units, symbols, reporting periods, time limit for receiving
reports, methods of sending reports and other accompanying forms.
Article 41. National-level
statistical reporting regulation
1. National-level statistical reporting
regulation shall be applied for collection of statistical information belonging
to national statistical indicator system.
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a) Ministries, departments; central agencies of
political organizations, socio-political organizations;
b) Other agencies, organizations as prescribed;
3. The Government shall provide detailed
regulations on contents of national-level statistical reporting regulation.
Article 42. Ministerial,
department-level statistical reporting regulation
1. Ministerial, department-level statistical
reporting regulation shall be applied for collection of statistical information
belonging to national statistical indicator system, ministerial,
department-level statistical indicator system, provincial, district-level
statistical indicator system and for compilation of other statistical information
serving management requirements of areas, sectors.
2. Agencies, organizations performing
ministerial, department-level statistical reporting regulation:
a) Professional agencies affiliated to
provincial, district-level People’s committees; People’s Court, provincial,
district-level People’s Procuracy; professional agencies affiliated to
ministries, ministerial-level agencies in localities;
b) Other agencies, organizations as prescribed;
3. Authorities to issue ministerial,
department-level statistical reporting regulation as follows:
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b) Governmental agencies shall be responsible
for establishing and making submission to ministers, heads of ministerial-level
agencies for promulgating ministerial, department-level statistical reporting
regulation that applies to the areas assigned.
Article 43. Assessment of
ministerial, department-level statistical reporting regulation
1. Ministerial, department-level statistical
reporting regulation shall be assessed in terms of professional knowledge,
competence by central statistics agencies before promulgation.
2. Submissions for assessment comprise a written
request for assessment, draft document for promulgation, forms and explanations
of forms.
3. The assessment comprises purposes, subjects
of application, scope of collection, forms and explanations of report forms;
4. Assessment duration is 20 days since the
Assessing Agency receives adequate submissions.
5. Relevant ministries, departments shall be
responsible for studying and delivering written explanations to central
statistics agencies for adjustments and issuance of ministerial,
department-level regulation. Ministers, heads of ministerial-level agencies,
president of the Supreme People’s Court, the Chief Procurator of the Supreme
People’s Procuracy, State Auditor General shall be responsible for ministerial,
department-level statistical reporting regulation issued by themselves.
Article 44. Rights and
obligations of agencies, organizations performing statistical reporting
regulation
1. Rights of agencies, organizations performing
statistical reporting regulation:
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b) Be entitled to instructions on professional
competence in statistical reporting regulation;
c) Be eligible for provision and use of data
from administrative database under management of relevant regulatory agencies
for compilation of statistical figures;
d) Lodge complaints about administrative
decisions, administrative upon finding that such decisions and acts violate the
statistical reporting regulation;
2. Obligations of agencies, organizations
performing statistical reporting regulation:
a) Collect, compile, establish and submit
reports according to statistical reporting regulation and instructions by
competent state agencies; take responsibility for accuracy of statistical
information;
b) Ensure confidentiality of information in
connection with agencies, organizations, and individuals during the
implementation of statistical reporting regulation;
c) Do not refuse or obstruct the implementation
of statistical reporting regulation;
d) Be placed under inspection of the bodies
receiving reports;
dd) Be placed under inspection and investigation
by specialized statistical inspectorate;
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STATISTICAL ANALYSIS AND
FORECASTS; ANNOUNCEMENT AND PUBLICATION OF STATE STATISTICAL INFORMATION
Article 45. Statistical
analysis and forecasts
1. Statistical analysis and forecasts help serve
construction and assessment of the implementation of strategy, policies and
plan for socio-economic development;
2. Statistical analysis helps clarify characters
of socio-economic phenomena; changes and influential factors, roles and
interaction of each factor for the phenomenon over time and space; Statistical
forecasts help give insights into development trends of socio-economic
phenomena;
3. Statistical analysis and forecasts should be
honest, objective and comprehensive.
4. Agencies of state statistical organization
system shall be responsible for making statistical analysis and forecasts
according to statistical program.
Article 46. Responsibility
of ministries, departments for statistical indicators belonging to national
statistical indicator system
1. Ministers, heads of ministerial-level
agencies, Governmental agencies, president of the Supreme People’s Court, the
Chief Procurator of the Supreme People’s Procuracy, State Auditor General shall
be responsible for statistical figures collected and compiled in the national
statistical indicator system.
2. Ministries and departments shall be
responsible for collecting and compiling statistical figures as assigned in the
national statistical indicator system and sending submissions as prescribed in
Clause 1, Article 47 hereof to central statistics agencies for assessment and
public announcement.
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1. Submissions for assessment comprise a written
request, draft of statistical figures, scope, calculating methods, sources of
collected figures.
2. Content of assessment comprises scope,
calculating methods and sources of figures;
3. Assessment duration since the Assessing
Agency receives adequate submissions is prescribed as follows:
a) Three working days for estimated statistical
figures;
b) Seven working days for preliminary
statistical figures;
c) 20 days for official statistical figures;
4. Based on assessing opinions by central
statistics agencies, the ministries and departments shall be responsible for studying
and making adjustments to the collected and compiled figures. In case the
ministries and departments are not open to the opinions given by the central
statistics agencies, the central statistics agencies shall make their own
decisions and take the responsibility.
Article 48. Publication of
state statistical information
1. Levels of statistical figures to be published
comprise:
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b) Preliminary statistical figures;
c) Official statistical figures;
2. Authorities to make public announcement of
statistical information are prescribed as follows:
a) Heads of central statistics agencies shall
make public announcement of statistical information belonging to national
statistical indicator system.
b) Ministers, heads of ministerial-level
agencies, Governmental agencies, president of the Supreme People’s Court, the
Chief Procurator of the Supreme People’s Procuracy, State Auditor General shall
make public announcement of statistical information within areas, sectors
assigned except statistical information as prescribed in Point a, this Clause;
c) Presidents of the provincial People’s
Committees shall make public announcement of statistical information from
results of statistical investigation as prescribed in Point c, Clause 1, Article
30 hereof;
d) Heads of provincial-level statistics agencies
shall make public announcement of statistical information belonging to
provincial, district and commune-level statistical indicator systems.
3. Competent persons publishing statistical information
shall be responsible for the information published
Article 49. Publication of
state statistical information
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2. Forms of publication of information:
a) Portals of agencies of state statistical
system; portals of regulatory agencies;
b) Press conferences, press release;
c) Mass media;
d) Publications and forms of storage of
electronic information;
3. National Statistical Yearbook to be published
in June of the following year.
4. Schedule for publication of state statistical
information is the time-table for publication of statistical information
belonging to statistical indicator system constructed and made public by persons
who have authority to make public announcement of statistical information.
5. The Government shall detail publication of
state statistical information.
Chapter V
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Article 50. Research and
application of advanced statistical methods
1. The State shall study and apply advanced
statistical methods in statistical activities in accordance with international
standards and practices and socio-economic development over periods.
2. Areas given with high priority to research
and application of advanced statistical methods:
a) Research on methods of measuring new
socio-economic phenomena to reflect in an adequate, accurate and timely manner
the development and international integration of the country;
b) Research and application of statistical
classifications according to international standards;
c) Compile, translate and publish written
instructions on advanced statistical methods;
3. The Minister of Planning and Investment shall
organize and coordinate research and application of advanced statistical
methods in state statistical activities. Ministers, heads of ministerial-level
agencies, Governmental agencies, president of the Supreme People’s Court, the
Chief Procurator of the Supreme People’s Procuracy, State Auditor General,
Presidents of the provincial, district-level People’s Committees shall carry
out research and application of advanced statistical methods in the areas,
sectors and administrative divisions under management.
Article 51. Development and
application of information & communications technology
1. The State shall assign priority to investment
and development of advanced information & communications technology in
state statistical activities including:
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b) Central and unified national statistical
database system under management of central statistics agencies (including
statistical database of the central statistical system and statistical database
formed from administrative data as prescribed hereof; connection of national
statistical database system with other national statistical databases,
ministerial, department-level database for provision and updating of
information;
c) Ministerial, department-level statistical
database system connected with national statistical database system;
d) Software applications:
dd) Advanced means and methods of collecting and
publication of information include tablets, smart phones, laptops, electronic
slips, electronic sheets, online information collection sheets, satellite
imaging technology, geographical information system and others;
2. The State shall encourage enterprises
operating in the areas of information & communications technology to
provide products and services for development and application of information
& communications technology in statistics.
3. The Minister of Planning and Investment shall
organize and coordinate activities of developing and applying information &
communications technology, ensuring synchronization, computerization and
process-based operations. Ministers, heads of ministerial-level agencies,
Governmental agencies, president of the Supreme People’s Court, the Chief
Procurator of the Supreme People’s Procuracy, State Auditor General, Presidents
of the provincial, district-level People’s Committees shall organize the
implementation of development and application of information &
communications technology in statistical activities within ministries, sectors
and localities.
Article 52. International
cooperation in statistics
1. International cooperation in statistics helps
ensure statistical figures meet requirements for international cooperation,
enhance Vietnam’s statistical position in the region and the world.
2. Main activities of international cooperation
in statistics:
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b) Application of statistical methods;
c) Human resource training;
d) International comparison;
dd) Attraction of workforce;
e) Application of science and technology;
3. The Minister of Planning and Investment shall
organize and coordinate international cooperation activities in state statistical
activities. Ministers, heads of ministerial-level agencies, Governmental
agencies, president of the Supreme People’s Court, the Chief Procurator of the
Supreme People’s Procuracy, State Auditor General, Presidents of the
provincial, district-level People’s Committees shall organize the
implementation of international cooperation in statistics for areas, sectors
and administrative divisions under management.
Chapter VI
USE OF STATISTICAL
DATABASE AND STATE STATISTICAL INFORMATION
Article 53. Use of statistical
database under management of central statistics agencies
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2. Statistical database managed by central
statistics agencies comprises:
a) Statistical database about population;
b) Statistical database about economic entities;
c) Statistical database about agriculture and
rural development;
d) Other statistical databases;
3. Data, information from statistical database
as prescribed in Clause 2, this Article shall be provided to agencies,
organizations, and individuals only after related statistical information is
publicly announced by central statistics agencies as prescribed in Article 48
hereof.
Article 54. Duties and
authority of central statistics agencies for management and use of statistical
database
1. Construct statistical database as prescribed
hereof;
2. Determine level of access and use of data,
information in connection with statistical information announced in the statistical
database;
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4. Refuse supply of data, information if
requests are found going against the laws;
5. Inspect and handle violations in the use of
statistical database;
Article 55. Rights and
obligations of agencies, organizations, and individuals for use of statistical
database
1. Be entitled to data, information in
connection with statistical information announced in the statistical database;
2. Have information kept confidential as
prescribed in Article 57 hereof;
3. Do not supply information to a third party
from the statistical database unless otherwise as agreed by central statistics
agencies;
Article 56. Use of state
statistical information
1. Regulatory agencies shall use state
statistical information announced for carrying out assessments and forecasts
about situations, planning of strategy, construction of plans, policies,
management of socio-economic development, investigation, inspection and
supervision.
2. Agencies, organizations, and individuals shall
use statistical information announced for serving their own activities.
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Article 57. Confidentiality
of state statistical information
1. Types of state statistical information to be
kept confidential:
a) Information associated with particular name
or address of organizations and individuals unless otherwise as agreed by such
organizations or individuals or regulated by other laws;
b) Statistical information unannounced by
competent persons;
c) Statistical information of state secrets;
2. Confidentiality of state statistical information
shall be instructed by law provisions.
Article 58. Rights and
obligations of agencies, organizations, and individuals for use of state
statistical figures, information
1. Have equal access to announced statistical
information;
2. Have the use of announced statistical
information;
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4. Discuss with statistics agencies on quality
of statistical figures;
5. Lodge complaints, denunciations about
violations in the use of statistical figures and information;
6. Cooperate with central statistics agencies in
the implementation of duties as prescribed in Clause 2, Article 59 hereof;
Article 59. Duties and
authority of central statistics agencies for use of state statistical
information
1. Execute provisions set out in Clause 3,
Article 56 and keep confidential statistical information as prescribed in
Article 57 hereof;
2. Conduct regular or irregular inspection of
the use of statistical figures, information of national statistical indicators,
provincial, district and commune-level statistical indicators as announced by
competent authorities;
3. Contents of inspection:
a) Accuracy and conformity of statistical
figures used versus statistical figures announced;
b) Information sources to be extracted from;
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Article 60. Seeking
consultation with persons using state statistical information
1. Statistical organizations of state
statistical organization system shall be responsible for organizing seeking
consultation with persons using state statistical information on quality of
statistical figures to improve quality of statistical information and
statistical tasks.
2. Forms of seeking consultation comprise survey
of demands and level of satisfaction of persons using statistical information,
conferences of persons using statistical information and surveys through
electronic information pages.
3. The Minister of Planning and Investment shall
organize and coordinate activities and make reports on results of consultation
with persons using statistical information in state statistical activities.
Chapter VII
STATE STATISTICAL
ORGANIZATIONS
Article 61. State
statistical organization system
1. Concentrated system of statistical
organizations
2. Ministerial, department-level statistical
organizations;
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1. Concentrated system of statistical
organizations comprises central statistics agencies and local statistics
agencies.
2. Central statistics agencies are affiliated to
the Ministry of Planning and Investment.
3. Central statistics agencies are national
statistics agencies acting as advisor for the Minister of Planning and
Investment in state administration on statistics, organizing and coordinating
statistical activities and supplying socio-economic statistical information for
organizations and individuals.
4. Local statistics agencies comprise
provincial-level statistics agencies and district-level statistics agencies.
5. The Government shall define the functions,
tasks, entitlements and organizational structure of concentrated system of
statistical organizations.
Article 63. Ministerial,
department - level statistics
1. The Government shall define functions, duties
and statistical organization structure of ministries, ministerial-level
agencies.
2. Ministers, heads of ministerial-level
agencies, Governmental agencies, president of the Supreme People’s Court, the
Chief Procurator of the Supreme People’s Procuracy, State Auditor General shall
be responsible for conducting and implementing statistical activities in the
ministries, departments within duties and authority.
Article 64. Statistical
activities in commune-level administrative units
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Article 65. Statistical
activities in regulatory agencies, public service providers
Regulatory agencies, public service providers
within duties and authority shall be responsible for organizing statistical
tasks serving management requirements and providing information to statistics
agencies of concentrated system of statistical organizations, performing
statistical investigation and statistical reporting regulation according to
laws.
Article 66. Persons
performing statistical work
1. Persons performing statistical work include
persons performing statistical work in state statistical organization system,
persons performing statistical work at commune level, regulatory agencies,
public service providers and statistical investigators.
2. Persons who perform statistical work should
have following requirements:
a) Have good virtuous character, honesty,
objectivity and awareness of compliance with laws;
b) Obtain degrees in professional competence in
statistics;
3. Persons performing statistical work shall be
independent in professional knowledge, competence in statistical activities.
4. Persons performing statistical work should comply
with laws on statistics, performing and taking responsibility for the
assignments.
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STATISTICAL ACTIVITIES,
USE OF STATISTICAL INFORMATION OUTSIDE STATE STATISTICS
Article 67. Scope of
statistical activities outside state statistics
1. Collect, handle, compile, analyze and
forecast statistical information serving research, production, business and
legitimate demands of organizations, individuals;
2. Perform statistical services;
Article 68. Requirements
for statistical activities outside state statistics
1. Comply with laws and take responsibility to
the law for professional activities, statistical information, using statistical
information outside state statistics;
2. Comply with fundamental principles of
statistical activities outside state statistical activities as prescribed in
Clause 2, Article 5 hereof;
3. Carry out collection of information on a
voluntary basis and agree to supply information to organizations and
individuals chosen for statistical investigations;
Article 69. Value of
statistical information outside state statistics
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Chapter IX
IMPLEMENTARY PROVISIONS
Article 70. Effect
1. This Law takes effect since July 01, 2016.
2. The Law on Statistics No. 04/2003/QH11 shall
become invalid since this Law takes effect unless otherwise as regulated in
Article 71 hereof.
Article 71. Transitional
provisions
Statistical classifications, statistical
reporting regulation as prescribed in the Law on Statistics No. 04/2003/QH11
shall continue to be executed to the end of June 30, 2018.
Article 72. Detailed
regulations
The Government, competent agencies shall detail
articles, provisions as prescribed in the Law.
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CHAIRMAN OF NATIONAL ASSEMBLY
Nguyen Sinh Hung