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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
04/2003/QH11
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Hanoi,
June 17, 2003
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STATISTICS
LAW
(No. 04/2003/QH11 of June 17, 2003)
In order to raise the efficiency of the statistical
work, ensuring the truthfulness, objectivity, accuracy, completeness and
timeliness of statistical information in service of State agencies in
evaluating and envisaging the situation, determining strategies and policies,
formulating socio-economic development plans and meeting the demands of other
organizations and individuals for statistical information; and to enhance the
effect of State management over the statistical work;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which
was amended and supplemented under Resolution No. 51/2001/QH10 of December 25,
2001 of the Xth National Assembly, its 10th session;
This Law provides for statistics.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
1. This Law governs statistical activities, the
use of statistical information and the system of State statistical
organizations.
2. Statistical surveys conducted by
organizations and individuals outside the system of State statistical
organizations shall be stipulated by the Government.
Article 2.- Subjects of application
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1. State agencies, non-business units, units of
the people's armed forces, political organizations, socio-political
organizations, socio-political professional organizations, social
organizations, socio-professional organizations, enterprises and units attached
to enterprises of all economic sectors, cooperatives, cooperation groups,
individual business households, households, individuals, other Vietnamese
organizations at home and abroad, and foreign organizations and individuals
operating in the Vietnamese territory (hereinafter referred collectively to as
organizations and individuals), that supply statistical information;
2. Organizations and individuals using
statistical information;
3. Statistical organizations, statisticians.
Article 3.- Interpretation of terms
In this Law, the following phrases are construed
as follows:
1. Statistical activities mean surveying,
reporting, synthesizing, analyzing and publicizing information reflecting the
nature and laws of socio-economic phenomena under particular spatial and
temporal conditions, which are conducted by State statistical organizations.
2. Statistical information means products of
statistical activities, including statistical data and written analyses
thereof.
3. Statistical indices mean indices which
reflect, through their numerical expression, the scale and speed of
development, the structures and proportional relationships of socio-economic
phenomena under particular spatial and temporal conditions.
4. System of statistical indices means a
combination of statistical indices promulgated by competent State bodies.
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6. Statistical survey means the form of
collection of statistical information according to a survey plan.
7. Statistical reporting means the form of
collection of statistical information according to the statistical reporting
regimes promulgated by competent State bodies.
Statistical reports include basic statistical
reports and synthetic statistical reports.
Article 4.- Basic principles of statistical activities
Statistical activities must abide by the
following basic principles:
1. Ensuring truthfulness, objectivity, accuracy,
completeness and timeliness in statistical activities;
2. Ensuring independence in professional
statistical operations;
3. Uniformity in terms of indices, forms,
computing methods, classification tables, units of measurement, statistical
year and assurance of international comparability;
4. No repetition and overlap among statistical
surveys as well as statistical reporting regimes;
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6. Assurance of equality in the access to, and
use of, State statistical information already publicized;
7. Statistical information on each organization or
individual shall be used only for the purposes of synthesizing statistics.
Article 5.- Application of science and technology to statistical
activities
The State shall prioritize the investment in and
the application of advanced information and communication technologies and
statistical methods to statistical activities.
Article 6.- Acts strictly forbidden in statistical activities
The following acts are strictly forbidden:
1. Failing to implement, or obstructing the
implementation of, the statistical reporting regimes or statistical surveys;
2. Declaring false information, reporting on or
publicizing untrue statistical information ; forcing other persons to supply
false information, report on or release untrue statistical information;
3. Disclosing statistical information on the
list of State secrets; disclosing statistical information associated with
specific names and/or addresses of organizations or individuals without the
consent of such organizations or individuals;
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5. Other acts of violating the statistics
legislation.
Chapter II
SYSTEM OF STATISTICAL INFORMATION
Article 7.- System of statistical information
The system of statistical information consists
of:
1. Statistical information which the system of
centralized statistical organizations directly collect or synthesize from
statistical information collected by the ministries, the ministerial-level
agencies, the agencies attached to the Government, the Supreme People's Court
and the Supreme People's Procuracy in order to meet the general management
requirements of the State;
2. Statistical information which the ministries,
the ministerial-level agencies, the agencies attached to the Government, the
Supreme People's Court and the Supreme People's Procuracy collect in order to
meet the synthetic requirements of the system of centralized statistical
organizations and the management and use requirements of these agencies.
Article 8.- Competence to promulgate the system of statistical indices
1. Basing himself/herself on the requirements of
socio-economic development tasks, the Prime Minister shall promulgate the
system of national statistical indices. The system of national statistical
indices shall serve as a basis for the assignment and coordination of
statistical activities, the elaboration of a program of national statistical
surveys and the formulation of the synthetic and basic statistical reporting
regimes.
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Article 9.- Statistical classification tables
1. The statistical classification tables shall
be promulgated by competent State bodies for use as standards to be uniformly
applied to statistical activities, including the tables of the system of the
national economy's branches, the classification of economic forms, the list of
administrative units, the list of nationalities, the lists of economic units,
administrative agencies and non-business units, the lists of products and
goods, the lists of occupations, the list of education and training, and other
statistical classification tables.
2. The Government shall stipulate the competence
to promulgate the statistical classification tables, except for those specified
in Clause 3 of this Article.
3. The chief judge of the Supreme People's Court
and the chairman of the Supreme People's Procuracy shall promulgate the
statistical classification tables in the branches or domains under their respective
management.
Article 10.-
Forms of collecting statistical information
The major forms of collecting statistical
information are statistic surveys and statistical reports.
Chapter III
STATISTICAL SURVEYS AND STATISTICAL REPORTS
Section 1. STATISTICAL
SURVEYS
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1. Basing themselves on the system of national
statistical indices and the regime of synthetic statistical reporting regime of
the State, the ministries, the ministerial-level agencies, the agencies
attached to the Government, the Supreme People's Court and the Supreme People's
Procuracy shall propose the statistical surveys planned to be conducted; the
central statistical agency shall sum them up and submit to the Prime Minister
for decision long-term and annual programs on national statistical surveys.
A program on national statistical surveys covers
a list of surveys, surveying duration, assignment of surveying tasks, and
conditions to ensure the surveying.
2. The Government shall prescribe the carrying
out of surveys outside the national statistical survey programs.
Article 12.-
Competence to decide on statistical surveys
1. The Prime Minister shall decide on general
statistical surveys.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the chief judge of the Supreme People's Court and the chairman of
the Supreme People's Procuracy shall, within the scope of their respective
tasks and powers, decide on statistical surveys other than general surveys
prescribed in Clause 1 of this Article.
3. The presidents of the People's Committees of
the provinces and centrally-run cities shall, with the scope of their
respective tasks and powers, decide on statistical surveys other than the
surveys prescribed in Clauses 1 and 2 of this Article according to their local
management requirements.
Article 13.-
Statistical survey plans
1. Each statistical survey must have a plan
therefor.
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3. The persons who decide on the statistical
surveys shall also decide on the plans therefor. The statistical survey plans
of the ministries, the ministerial-level agencies, the agencies attached to the
Government, the Supreme People's Court and the Supreme People's Procuracy or
the People's Committees of the provinces or centrally-run cities, before being
decided on, shall be professionally evaluated by the central statistical
agency.
Article 14.-
Funding for statistical surveys
1. The funding for conducting statistical
surveys shall be covered with the State budget, depending on the size and nature
of each survey.
2. The estimation, management, use and
settlement of the funding for statistical surveys shall comply with the
provisions of the State Budget Law.
Article 15.-
Rights and obligations of survey-conducting agencies and
statistical surveyors
1. Statistical survey- conducting agencies shall
have the following rights and obligations:
a/ To direct, organize and inspect the
implementation of statistical survey plans;
b/ To organize the synthesis, analysis and
publicization of statistical survey results.
2. Statistical surveyors shall have the
following rights and obligations:
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b/ To carry out surveys according to the
statistical survey plans.
3. The statistical survey-conducting agencies
and statistical surveyors shall be held accountable for the objectivity and
accuracy of survey information and keep secret such information according to
the provisions of this Law.
Article 16.-
Rights and obligations of organizations and individuals
being respondents in statistical surveys
Organizations and individuals being respondents
in statistical surveys shall have the following rights and obligations:
1. To be informed of the statistical survey
decisions;
2. To supply true and complete information on
schedule as requested by the statistical surveyors;
3. To complain about or denounce acts of
violating the legislation on statistical surveys.
Section 2. THE REGIME OF
BASIC STATISTICAL REPORTING
Article 17.-
The regime of basic statistical reporting
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Article 18.-
Competence to promulgate the regime of basic statistical
reporting
1. The Prime Minister shall promulgate the
regime of basic statistical reporting for the collection of statistical
information on national statistical indices, which are assigned to the central
statistical agency.
2. The ministers, the heads of the
ministerial-level agencies, the chief judge of the Supreme People's Court and
the chairman of the Supreme People's Procuracy shall promulgate the regimes of
basic statistical reporting for the collection of statistical information on
national statistical indices, which are assigned to them, and on statistical
indices within the branches or domains under their respective management after
such regimes are professionally evaluated by the central statistical agency.
Article 19.-
Rights and obligations of organizations implementing the
regime of basic statistical reporting
Organizations implementing the regime of basic
statistical reporting shall have the following rights and obligations:
1. To record, synthesize data, draw up and
submit reports according to the regulations of the regime of basic statistical
reporting;
2. To draw up truthful, accurate and complete
basic statistical reports on the basis of documents and books of initial data;
to calculate and synthesize indices strictly according to the contents and
methods prescribed by the regime of basic statistical reporting.
3. To complain about administrative decisions,
administrative acts when they have grounds to believe that such decisions or
acts violate the law provisions on the regime of basic statistical reporting.
Section 3. THE REGIME OF
SYNTHETIC STATISTICAL REPORTING
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The regime of synthetic statistical reporting,
which covers regulations on reporting objects, reporting scope and contents,
the reporting period and deadline, the report-receiving places, shall be
promulgated by competent State bodies to sum up statistical data from basic
statistical reports, financial statements, survey findings and other
information sources.
Article 21.-
Competence to promulgate the regimes of synthetic
statistical reporting
1. The Prime Minister shall promulgate the
regime of synthetic statistical reporting for application to the ministries,
the ministerial-level agencies and the agencies attached to the Government.
2. The ministers, the heads of the
ministerial-level agencies shall promulgate the regime of synthetic statistical
reporting for application to the professional agencies of the People's
Committees of the provinces, centrally run cities, rural districts, urban
districts, provincial capitals and cities, which belong to the domains or
branches under their respective management after such regimes are
professionally evaluated by the central statistical agency.
3. The chief judge of the Supreme People's Court
and the chairman of the Supreme People's Procuracy shall promulgate the regimes
of synthetic statistical reporting for application to the system of courts or
procuracies after such regimes are professionally evaluated by the central
statistical agency.
Article 22.-
Rights and obligations of the agencies implementing the
regime of synthetic statistical reporting
The agencies implementing the regime of
synthetic statistical reporting shall have the following rights and
obligations:
1. To organize the collection and synthesis of
data, to draw up and submit reports according to the regulations of the regime
of synthetic statistical reporting;
2. To draw up truthful, accurate and complete
synthetic statistical reports on the basis of data of statistical surveys,
financial statements, basic statistical reports and other information sources;
to compute and synthesize indices strictly according to the contents and
methods prescribed by the regime of synthetic statistical reporting.
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Article 23.-
Rights to exploit and use statistical databases
1. Centralized statistical organizations shall
have the rights to exploit and use initial statistical databases of the
agencies implementing the regime of synthetic statistical reporting. The
agencies implementing the regime of synthetic statistical reporting shall have
to supply information belonging to the initial statistical databases under
their respective management at the requests of the centralized statistical
organizations.
2. The agencies implementing the regime of
synthetic statistical reporting shall be provided in return by the centralized
statistical agencies with synthetic statistical information and shall be
entitled to exploit relevant general statistical databases of the centralized
statistical agencies.
Chapter IV
PUBLICIZATION AND USE OF STATISTICAL INFORMATION
Article 24.-
Publicization of statistical information
1. Statistical information collected by the State
statistical organizations must be publicized according to schedule, except for
statistical information which must be kept secret as prescribed in Article 27
of this Law.
The Government shall specify the time limit,
means and scope of publicization of statistical information.
2. Statistical information publicized by
competent persons specified in Article 25 of this Law shall have legal
validity.
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1. The head of the central statistical agency shall
publicize statistical information within the system of national statistical
indices.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the chief judge of the Supreme People's Court and the chairman of
the Supreme People's Procuracy shall publicize statistical information
belonging to the branches or domains under their respective management, which
is other than statistical information belonging to the system of national
statistical indices.
3. The presidents of the People's Committees of
the provinces or centrally run cities shall publicize statistical information
obtained from the surveys specified in Clause 3, Article 12 of this Law.
Article 26.-
Use of statistical information
The citation and use of statistical information
must be honest and clearly indicate the sources of such information.
Article 27.-
Confidentiality of statistical information
Statistical information which must be kept
secret includes:
1. Statistical information associated with the
particular names and/or addresses of organizations or individuals, unless the
publicization of such information is consented by the concerned organizations
or individuals.
2. Statistical information on the list of State
secrets.
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STATISTICAL ORGANIZATIONS
Article 28.-
The system of State statistical organizations
The system of State statistical organizations
consists of the system of centralized statistical organizations, statistical
organizations of the ministries, the ministerial-level agencies, the agencies
attached to the Government, the Supreme People's Court and the Supreme People's
Procuracy.
Article 29.-
The system of centralized statistical organizations
1. The system of centralized statistical
organizations is organized according to a professionally hierarchical
structure, including the central statistical agency and local statistical
agencies.
2. The Government shall specify the tasks,
powers and organizational structure of the system of centralized statistical
organizations.
Article 30.-
Statistical work of the ministries, the
ministerial-level agencies, the agencies attached to the Government, the
Supreme Peoples Court and the Supreme People's Procuracy.
1. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the chief judge of the Supreme People's Court and the chairman of
the Supreme People's Procuracy shall have to organize the statistical work
according to the provisions of this Law.
2. The Government shall define the tasks, powers
and structure of the statistical organizations of the ministries, the
ministerial-level agencies, the agencies attached to the Government.
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Article 31.-
Statistical work of communes, wards and townships
The People's Committees of communes, wards or
townships shall have to organize the statistical work in service of the
management requirements of their communes, wards or townships; conduct
statistical surveys and implement the State's statistical reporting regimes.
Article 32.-
Statistical work of enterprises, administrative
agencies, non-business units
Enterprises, administrative agencies and
non-business units shall have to organize the statistical work in service of
their respective management requirements; send financial statements to the
statistical agencies of the system of centralized statistical organizations,
conduct statistical surveys and implement the State's statistical reporting
regimes.
Article 33.-
Statisticians
1. Statisticians include statisticians working in
the system of State statistical organizations, statisticians working in
communes, wards and townships, and statisticians working in enterprises,
administrative agencies, non-business units and persons mobilized to carry out
statistical surveys.
2. Statisticians must satisfy the following
criteria:
a/ Possessing professional ethics, being honest,
impartial and having the sense of law observance;
b/ Having professional statistical
qualifications and skills.
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4. Statisticians shall have to observe the law
provisions on statistics, accomplish, and take responsibility for, their
assigned tasks.
Chapter VI
STATE MANAGEMENT OVER STATISTICS
Section 1. STATE MANAGEMENT
CONTENTS AND AGENCIES PERFORMING THE STATE MANAGEMENT OVER STATISTICS
Article 34.-
Contents of State management over statistics
The contents of State management over statistics
include:
1. Formulating, and directing the implementation
of, strategies, plannings and plans on development of the statistical work, the
system of national statistical indices and the programs on national statistical
surveys;
2. Promulgating, and organizing the
implementation of, legal documents on statistics;
3. Popularizing and educating in the statistics
legislation;
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5. Building up statistical organizations,
providing training and fostering in the statistical profession;
6. Organizing scientific researches and the
application of advanced technologies to statistical activities;
7. Undertaking international cooperation on
statistics;
8. Inspecting and supervising the observance of
the statistics legislation, handling violations of the statistics legislation;
9. Settling statistics-related complaints and
denunciations according to the provisions of law.
Article 35.- Agencies performing the State management over statistics
1. The Government shall perform the unified
State management over statistics.
2. The central statistical agency shall assist
the Government in performing its tasks and exercising its powers falling within
the contents of State management over statistics according to the Government's
regulations.
3. The ministries and the ministerial-level
agencies shall, within the scope of their respective tasks and powers, have to
perform the State management over statistics in the branches or domains
assigned to them for management.
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Section 2. STATISTICS
INSPECTORATE
Article 36.-
Statistics inspectorate
1. The statistics inspectorate is an
inspectorate specialized in statistics. The statistics inspectorate is tasked
to inspect the observance of the statistics legislation; to detect, prevent and
handle according to its competence or propose competent authorities to handle
violations of the statistics legislation; to propose measures to secure the
enforcement of the statistics legislation.
2. The organization and operation of the
statistics inspectorate are stipulated by the Government.
Article 37.-
Rights and responsibilities of the statistics
inspectorate
When conducting inspection, the inspection teams
or individual inspectors shall have the following rights and responsibilities:
1. To produce inspection decisions and
inspector's cards;
2. To request the inspected subjects and
concerned parties to supply materials, evidences and reply on matters related
to inspection contents;
3. To make inspection records and propose
measures to deal with wrong-doings;
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5. To properly follow the inspection order and
procedures without troubling, harassing and obstructing production and business
activities and normal operation of the inspected subjects;
6. To report to competent authorities on the
inspection results and propose solutions;
7. To comply with laws, take responsibility
before law for the inspection results and handling measures decided by
themselves;
8. To keep secret inspection documents according
to the provisions of law.
Article 38.-
Rights and obligations of inspected subjects
The inspected subjects shall have the following
rights and obligations:
1. To request the inspection teams and/or
inspectors to produce inspection decisions and inspector's cards and comply
with the inspection legislation;
2. To create conditions for the inspection teams
and inspectors to accomplish their tasks;
3. To supply materials, evidences and reply on
matters related to inspection contents at the requests of the inspection teams
and/or inspectors;
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5. To lodge complaints about, denounce or
initiate lawsuits with competent State bodies against inspection decisions,
acts of inspectors and conclusions and/or decisions of the statistics inspectorate,
which they have grounds to believe that they are at variance with law;
6. To request compensation for damage caused by
unlawful handling measures applied by the inspection teams or inspectors.
Chapter VII
COMMENDATION AND HANDLING OF VIOLATIONS
Article 39.-
Commendation
Organizations and individuals that record
achievements in the statistical work shall be commended and/or rewarded
according to the provisions of law.
Article 40.-
Handling of violations
Organizations and individuals that commit acts
of violating the statistics legislation shall, depending on the nature and
seriousness of their violations, be administratively sanctioned or examined for
penal liability; and, if causing damage, pay compensation therefor according to
the provisions of law.
Chapter VIII
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Article 41.-
Implementation effect
1. This Law shall take effect as from January 1,
2004.
2. The May 10, 1988 Accounting and Statistics Ordinance
shall cease to be effective as from the effective date of this Law.
Article 42.-
Implementation detailing and guidance
The Government, the Supreme People's Court and
the Supreme People's Procuracy shall detail and guide the implementation of
this Law.
CHAIRMAN OF THE NATIONAL
ASSEMBLY
Nguyen Van An