Luật thống kê 2015

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