Chương III Luật thống kê 2015: Thu thập thông tin thống kê Nhà nước

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.

The national statistical investigation program comprises name of the investigation, purpose, subject, units, type and time of investigation and presiding and coordinating agencies.

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;

b) General census of agriculture and rural development;

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;

b) Statistical investigations for collection of information about statistical indicators meeting management requirements of relevant ministries, departments but being outside national statistical indicator system;

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;

c) Types of investigation;

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.

2. Submissions for assessment comprise a written request for assessment and a draft document about statistical classification plan.

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:

a) Provide information in an honest, accurate, adequate and timely manner at the request of statistical investigators or bodies conducting statistical investigations;

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;

b) Keep confidential for information collected from organizations and individuals chosen for statistical investigations;

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;

b) Bodies conducting statistical investigations as prescribed in Point c, Clause 1, Article 30 hereof shall be responsible for making reports on statistical investigations to provincial-level statistics agencies;

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;

b) Database about lands;

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;

b) Data format, definitions and attributes of data fields;

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;

2. Keep information confidential as prescribed in Article 57 hereof;

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.

2. Agencies, organizations performing national-level statistical reporting regulation:

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:

a) 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 reporting regulation;

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:

a) Be independent in professional knowledge and competence during collection and compilation of information;

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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