Nghị định 94/2016/NĐ-CP hướng dẫn Luật thống kê

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE STATISTICS LAW

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 23, 2015 Law on Statistics;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Statistics Law.

Article 1. Scope of regulation

This Decree details the dissemination of state statistical information and guides the implementation of a number of articles of the Statistics Law regarding systems of ministerial and sectoral statistical indicators; supply and use of administrative data for state statistical activities; inspection of the use of state statistical data and information; and professional qualifications of statisticians in state statistical activities.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals that supply information, carry out statistical activities and use state statistical information.

Article 3. Dissemination of state statistical information

1. Dissemination of state statistical information means the notification, distribution and transmission of state statistical information through various media to users of state statistical information.

2. State statistical information includes statistical data and written analyses of statistical data.

Written statistical data analyses include:

a/ Monthly, quarterly, biannual, tri-quarterly and annual socio-economic reports;

b/ Reports on statistical survey and general statistical survey results;

c/ Topical analysis reports;

d/ Reports on evaluation of implementation of strategies, five-year and annual plans.

Article 4. State statistical information dissemination timetable

1. Statistical information in the state statistical information dissemination timetable is the statistical information already publicized under Article 48 of the Statistics Law.

2. The state statistical information dissemination timetable covers the following basic information: name and degree of completeness of statistical information; time and form of, and units responsible for, the dissemination.

3. Annually before December 15, the agencies publicizing state statistical information shall publicly post the state statistical information dissemination timetable in the following year on their websites.

Article 5. Responsibilities of the central statistical agency in the dissemination of state statistical information

1. To disseminate state statistical information under its authority as prescribed by the Statistics Law, including:

a/ Statistical indicators in the national statistical indicator system;

b/ Results of general statistical surveys defined at Points a, b and c, Clause 1, Article 29 of the Statistics Law;

c/ Results of statistical surveys under the state statistical survey programs, which are assigned to it for implementation;

d/ Results of statistical surveys outside the state statistical survey programs, which are decided by the Minister of Planning and Investment under Point a, Clause 2, Article 30 of the Statistics Law;

dd/ Annual state statistical reports;

e/ Certain statistical information at specific times as provided in the Appendix to this Decree.

2. To widely disseminate under the Statistics Law and this Decree the state statistical information already publicized by other state agencies.

3. To issue and implement the state statistical information dissemination timetables for the statistical information defined in Clause 1 of this Article.

4. To submit to the Minister of Planning and Investment for promulgation a regulation on dissemination of state statistical information of the centralized statistical organization system, ensuring consistency and synchrony in the dissemination of state statistical information.

Article 6. Responsibilities of provincial-level statistical agencies in the dissemination of state statistical information

1. To disseminate statistical information under their authority prescribed by the Statistics Law, including statistical information in the systems of statistical indicators of provincial, district and commune levels.

2. To widely disseminate state statistical information already publicized by other state agencies under the Statistics Law and this Decree.

3. To issue and implement the state statistical information dissemination timetables for the statistical information defined in Clause 1 of this Article.

Article 7. Responsibilities of ministries, ministerial-level agencies and government- attached agencies in the dissemination of state statistical information

1. To disseminate statistical information under their authority defined by the Statistics Law, including:

a/ Statistical indicators in the systems of ministerial or sectoral statistical indicators;

b/ Results of national general statistical surveys defined at Point d, Clause 1, Article 29 of the Statistics Law;

c/ Results of statistical surveys in the national statistical survey programs assigned to them for implementation;

d/ Results of statistical surveys outside the national statistical survey programs defined at Point a, Clause 2, Article 30 of the Statistics Law;

dd/ Annual statistical directories of sectors and fields;

e/ Statistical information on other sectors and fields assigned to them.

2. To widely disseminate state statistical information already publicized by other state agencies under the Statistics Law and this Decree.

3. To issue and implement the state statistical information dissemination timetables for the statistical information defined in Clause 1 of this Article.

4. To promulgate regulations on state statistical information dissemination for uniform application within their respective ministries, sectors or fields .

Article 8. Responsibilities of provincial-level People’s Committees in the dissemination of state statistical information

1. To disseminate statistical information falling under their authority defined by the Statistics Law, including results of surveys decided by provincial-level People’s Committee chairpersons under Point b, Clause 2, Article 30 of the Statistics Law.

2. To widely disseminate state statistical information already publicized by competent state agencies as prescribed by the Statistics Law and this Decree.

3. To promulgate regulations on dissemination of state statistical information for uniform application within agencies and units under their management.

Article 9. Responsibilities of agencies and organizations having the function of disseminating statistical information in the dissemination of state statistical information

Agencies and organizations having the function of disseminating statistical information shall widely disseminate the publicized statistical information under the provisions of the Statistics Law and this Decree.

Article 10. Systems of statistical indicators of ministries, ministerial-level agencies

1. The systems of statistical indicators of ministries, ministerial-level agencies shall be formulated and implemented as follows:

a/ Ministers and heads of ministerial-level agencies shall formulate and promulgate systems of statistical indicators of their respective ministries, branches and fields; guide, inspect and report on the implementation of these systems;

b/ The Prime Minister shall assign the formulation and implementation of systems of ministerial or sectoral statistical indicators relating to many sectors, fields or regions, including general, multi-sectoral, multi-field statistical indicators for the evaluation and supervision of the implementation of specialized laws, national strategies, policies, programs and targets.

2. Systems of ministerial or sectoral statistical indicators relating to many sectors, fields or regions include:

a/ Set of statistical indicators on Vietnam’s sustainable development objectives;

b/ Set of statistical indicators on national gender development;

c/ Set of statistical indicators on development of new countryside;

d/ Set of statistical indicators on Vietnam’s human resource development;

dd/ Set of statistical indicators on Vietnamese youth;

e/ Systems of other ministerial and sectoral statistical indicators relating to many sectors, fields or regions as prescribed by the Prime Minister and formulated and publicized under this Decree.

3. The process of formulating and publicizing systems of ministerial and ministerial- level statistical indicators relating to many sectors, fields or regions:

a/ Ministries and ministerial-level agencies that have the function of state management of fields or are tasked to assume the prime responsibility for, and coordinate in, the implementation of national strategies, policies, programs and objectives or specialized laws, shall propose the Prime Minister to decide the assignment of the task of formulating systems of ministerial or ministerial-level statistical indicators relating to many sectors, fields or regions;

b/ Ministries and ministerial-level agencies which are assigned by the Prime Minister the task of assuming the prime responsibility for, and coordinating with related ministries and ministerial-level agencies in, formulating systems of ministerial or ministerial-level statistical indicators relating to many sectors, fields or regions, shall send them to the central statistical agency for appraisal as prescribed in Article 20 of the Statistics Law before promulgation.

Article 11. Provision and use of administrative data for state statistical activities

1. Using administrative data for state statistical activities means a form of collecting statistical data and information on enterprises; households, individuals; specific agencies or organizations from administrative data. Agencies in the system of state statistical organizations shall receive, manage, use, update, archive and keep confidential data from the national databases, ministerial databases, sectoral databases and local databases for use for state statistical activities.

2. The state management agencies for administrative data defined in Clause 3, Article 36 of the Statistics Law shall supply data and information in the databases to the central statistical agency for use in state statistical activities.

3. Process of supplying, receiving and using administrative data for state statistical activities:

a/ Surveying and assessing the usability and conformity of data from administrative databases for state statistical activities; conditions of information technology infrastructure for the supply and receipt of data from administrative databases;

b/ Formulating regulations on the use of data from administrative databases for state statistical activities between database-managing agencies and the central statistical agency;

c/ Preparing necessary human and material resources for the supply, receipt, management, use, archival, and confidentiality of data from administrative databases;

d/ Supplying, receiving, managing, using, archiving and keeping confidential data from administrative databases according to the contents of documents signed between the database- managing agencies and the central statistical agency;

e/ Periodically updating data from administrative databases.

4. The document regulating the use of data from administrative databases for state statistical activities between the database-managing agencies and the central statistical agency:

a/ Form of document: Coordination regulation;

b/ Contents of the document:

List of data fields suitable to the purpose of state statistical activities;

Data format, definition and description of relevant properties of data fields;

Modes, frequency and time of data supply and data updating;

Conditions for the supply and receipt of data: characteristics and technical standards of information and communication technology facilities at data-supplying sources, human and financial resources;

Regulations on the use and confidentiality of supplied data and information.

Article 12. Examination of the use of state statistical data and information

1. Scope of examination: The use of statistical data and information of national statistical indicators and statistical indicators of provincial, district and commune levels, which are already publicized by competent authorities.

2. Contents of examination: The accuracy and conformity of the used statistical data and information as compared to the publicized statistical data and information; the quotation of information sources in the use of publicized state statistical data and information.

3. Examination cycle: Periodical or extraordinary.

4. Examination subjects: Agencies, organizations and individuals using state statistical data and information.

5. Examination-deciding authority: Head of the central statistical agency.

6. Examination process:

a/ Formulating and approving the examination plan;

b/ Notifying the examination plan;

c/ Gathering information and documents relating to the examination contents;

d/ Conducting field examinations;

dd/ Making an examination record;

e/ Reporting on examination results.

7. Handling of violations: If detecting errors in the use of publicized statistical data and information, the central statistical agency shall handle them according to the Decree prescribing sanctions for administrative violations in the statistical sector or propose competent agencies to handle law violations.

8. Users of state statistical data and information shall collaborate with the central statistical agency in the examination of the use of state statistical data and information.

9. The Minister of Planning and Investment shall detail the process of examining the use of state statistical data and information.

Article 13. Professional qualifications of statisticians in state statistical activities

1. The professional qualifications of statisticians in state statistical activities must comply with current law.

2. Annually, the central statistical agency shall assist the Minister of Planning and Investment in providing professional training for statistical surveyors, statistical collaborators and statisticians in state statistical activities.

3. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, promulgating a circular on titles, codes and professional standards of statistical civil servants of different ranks to replace the Minister of Home Affairs’ Decision No. 03/2008/QD-BNV of November 12, 2008, promulgating the titles, codes and professional standards of statistical civil servants of different ranks.

Article 14. Effect

1. This Decree takes effect on July 1, 2016.

2. The following documents cease to be valid on the date this Decree takes effect:

a/ The Government’s Decree No. 40/2004/ND-CP of February 13, 2004, detailing and guiding the implementation of a number of articles of the Statistics Law;

b/ The Prime Minister’s Decision No. 34/2013/QD-TTg of June 4,2013, promulgating the policy on dissemination of state statistical information.

Article 15. Implementation provision

The Minister of Planning and Investment, other ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies and organizations shall implement this Decree.-