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
This Law applies to agencies, organizations, and individuals that provide information, perform statistical activities and use statistical information.
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.
8. Statistical investigation means a form of collecting statistical data, information on a specific study subject according to scientific and unified method determined in the plan for statistical investigation for each time of investigation.
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.
18. Statistical information means statistical data processed, compiled and analyzed according to statistical method, process and professional competence to reflect characteristics and attributes of study phenomenon. Statistical information includes statistical data and tabular analysis of such data.
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
1. Basic principles of state statistics comprise:
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;
3. Basic principles of using statistical data, information include:
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;
6. International cooperation in statistics;
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.
Central statistics agencies shall be responsible for directing and organizing the implementation of specialized statistical inspection across the country.
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.
Article 10. Prohibited acts in statistical activities and use of statistical information
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:
a) Acts as prescribed in Points b, c and e, Clause 1, this Article;
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.
Tìm kiếm
Nghị định 123/2008/NĐ-CP (Bản Word)