Statistics Law, Law No. 89/2015/QH13

ORDER

On the promulgation of law[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES

The Statistics Law,

Which was passed on November 23, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

STATISTICS LAW[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Statistics Law.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law provides for statistical activities and use of state statistical information; rights, obligations and responsibilities of agencies, organizations and individuals in statistical activities and use of state statistical information; state statistics organizations, and statistical activities and use of statistical information outside the state statistical program.

Article 2.Subjects of application

This Law applies to agencies, organizations and individuals that provide information, conduct statistical activities or use statistical information.

Article 3.Interpretation of terms

In this Law, the terms below are construed as follows:

1.Statistical reportmeans forms and form filling guidance used to collect statistical data and information on a specific subject of study according to unified scientific methods specified in a statistical reporting regime applied in a certain period.

2.Statistical reporting regimemeans regulations and guidance on the making of a set of interrelated statistical reports to sum up statistical indicators belonging to a system of statistical indicators as well as other statistical information to serve the state management, which are promulgated by competent state agencies.

3.Statistical indicatorreflects the scale or speed of development, the structure, commonness or proportional relationship of part or the whole of a socio-economic phenomenon under particular spatial and temporal conditions. A statistical indicator is composed of its name and numeric value.

4.Statistical programmeans a document approved by a state competent agency, covering systems of statistical indicators, statistical survey programs, statistical reporting regimes and other programs related to statistical activities.

5.Statistical databasemeans a combination of interrelated statistical data and information which are arranged and organized in a certain structure for management, updating and operation, serving statistical purposes and other purposes in accordance with law. Statistical databases are formed mainly from statistical data and information of statistical surveys, administrative dossiers, statistical reports, national databases and databases of ministries, sectors and localities.

6.Administrative datameans state agencies’ data which are recorded, stored and updated in printed or electronic administrative dossiers.

7.Statistical datamean quantitative and qualitative data constituting statistical information on the studied phenomenon.

8.Statistical surveymeans a form of collection of statistical data and information on a specific subject of study according to a unified scientific method specified under the statistical survey plan made on a case-by-case basis.

9.Statistical-survey conductormeans a person requested or mobilized by a statistical survey-conducting agency or organization to collect information for a statistical survey.

10.Statistical indicator systemmeans a combination of statistical indicators reflecting the characteristics of a socio-economic phenomenon.

A statistical indicator system includes a list of statistical indicators and their contents. The list of statistical indicators comprises indicators’ codes, groups and names. The contents of a statistical indicator comprise the definition, method of calculation, main groupings, period of announcement and data sources of the statistical indicator, and the agency in charge of collection and summarization.

11.Statistical activitiesmean activities of determining demands for to-be-collected information; preparing for the collection of, collecting, processing and summing up, analyzing and forecasting, and publicizing, disseminating and storing statistical information on studied phenomena under particular spatial and temporal conditions.

12.Statistical activities outside the state statistical programmean statistical activities conducted by organizations and individuals outside the statistical program.

13.State statistical activitiesmean statistical activities conducted by state statistics organizations or competent state agencies or other organizations entrusted by state statistics organizations or competent state agencies under the statistical program.

14.Statistical classificationmeans the classification of a studied phenomenon into components and arrangement of its factors in separate and non-identical components, based on one or some characteristics of such factors. Statistical classifications include inventories of statistical classifications and their contents. A statistical classification inventory comprises codes and names of each component. The contents of a statistical classification comprise factors arranged in each component.

15.Official statistical datameans statistical data completely and accurately reflecting the result of a socio-economic phenomenon already occurred at a specific time in a specific place, which have been processed, summarized, appraised and affirmed.

16.Preliminary statistical datameans statistical data completely reflecting the result of a socio-economic phenomenon already occurred at a specific time in a specific place, which, however, have not yet been affirmed and require further appraisal and review.

17.Estimated statistical datameans statistical data estimating the entire result of an ongoing socio-economic phenomenon, which are calculated on the basis of summarizing data of the previous period and updated with the reality and data of the future period according to specialized methods.

18.Statistical informationmeans statistical data which are processed, summarized and analyzed according to statistical methods, processes and professional operations to reflect the characteristics and properties of a studied phenomenon. Statistical information includes statistical data and data analysis documents.

19.State statistical informationmeans statistical information created through state statistical activities, which has legal validity and is announced by competent state agencies.

20.General statistical surveymeans a statistical survey to collect statistical data and information from surveyed subjects nationwide, which is related to several sectors and levels.

Article 4.Purposes of statistical activities

1. State statistical activities aim to provide statistical information for the following purposes:

a/ To meet the requirements for assessing and forecasting the situation, drawing up strategies, formulating plans, master plans and policies, and managing and administering  socio-economic development;

b/ To meet the requirements for examination and supervision of the implementation of socio-economic strategies, plans and policies;

c/ To meet the demand for statistical information of agencies, organizations and individuals.

2. Statistical activities outside the state statistical program aim to provide statistical information serving the study, production and business of organizations and individuals and other lawful and legitimate demands.

Article 5.Basic principles of statistical activities and use of statistical data and information

1. Basic principles of state statistical activities include:

a/ Truthfulness, objectivity, accuracy, completeness and timeliness;

b/ Independence in professional statistical operations;

c/ Uniformity in term of professional operations without any repetitions or overlaps;

d/ Publicity and transparency;

dd/ Comparability.

2. Basic principles of statistical activities outside the state statistical program include:

a/ The principles specified at Points a, b and c, Clause 1 of this Article;

b/ Voluntariness and accountability;

c/ Not to infringe upon national interests, and lawful rights and interests of agencies, organizations and individuals.

3. Basic principles of use of statistical data and information include:

c/ To cite sources of used statistical data and information;

b/ Equality in access to, and use of, state statistical data and information already announced;

c/ Assurance of confidentiality of statistical data and information in accordance with law.

Article 6.State management of statistics

1. To formulate, and organize the implementation of, strategies, master plans, plans and policies on development of statistical activities.

2. To elaborate, promulgate, and organize the implementation of, legal documents on statistics;

3. To conduct dissemination and education of the statistics law;

4. To build up state statistics organizations, provide training and retraining in statistical operations;

5. To organize scientific researches and application of advanced statistical methods and information technologies to statistical activities;

6. To undertake international cooperation on statistics;

7. To inspect and examine the observance of the statistics law, and handle violations of the statistics law;

8. To settle statistics-related complaints and denunciations.

Article 7.State management agencies of statistics

1. The Government shall perform the unified state management of statistics.

2. The Ministry of Planning and Investment shall take responsibility before the Government for the unified state management of statistics.

3. Ministries and ministerial-level agencies shall, within the scope of their tasks and powers, perform the state management of statistics in the sectors and fields under their charge.

4. People’s Committees at all levels shall, within the scope of their tasks and powers, perform the state management of statistics in their localities.

Article 8.Specialized statistics inspection

1. A specialized statistics inspection means inspection by competent state agencies of organizations and individuals in the observation of the statistics law, and professional regulations of the statistics sector.

The central statistics agency shall direct and organize the implementation of specialized statistics inspection nationwide.

Concentrated statistics agencies in provinces and centrally-run cities (below referred to as provincial-level statistics agencies) shall implement specialized statistics inspection in localities.

2. A specialized statistics inspectorate has the following tasks and powers:

a/ To inspect  agencies’, organizations’ and localities’ observance of the statistics law and professional regulations of the statistics sector;

b/ To detect, prevent and handle according to its competence, or propose competent authorities to handle, statistics law-related violations.

3. The operation of specialized statistics inspectorates, and rights and obligations of heads of inspection teams, inspectors and civil servants assigned to conduct specialized statistics inspection shall comply with the statistics law.

4. The Government shall stipulate in detail specialized statistics inspection.

Article 9.Funds for statistical activities

1. The State shall ensure funds for state statistical activities. The management, allocation and use of the funds for statistical activities must comply with the state budget law.

2. Funds for statistical activities outside the state statistical program shall be covered by organizations and individuals conducting such statistical activities.

Article 10.Prohibited acts in statistical activities

1. Prohibited acts in state statistical activities and use of state statistical information include:

a/  Failing to provide, failing to adequately, accurately or timely provide, or obstructing the provision of, information under statistical survey plans and statistical reporting regimes, or from administrative data as decided by state competent agencies;

b/ Declaring false information, distorting statistical data and information;

c/ Intervening, forcing, imposing, corrupting, threatening or seducing other persons to provide false information or distort statistical data and information or use statistical information;

d/ Failing to properly implement regulations of statistical survey plans, statistical reporting regimes, and use of administrative data for statistical activities; and modifying information when conducting statistical surveys, making statistical reports, or providing information from administrative data;

dd/ Reporting, publicizing or disseminating inaccurate statistical information;

e/ Disclosing statistical information on the list of state secrets; disclosing statistical data and information not yet publicized; using data and information of agencies, organizations and individuals not for statistical purposes without the consent of such agencies, organizations and individuals;

g/ Deciding on statistical surveys or promulgating statistical reporting regimes in contravention of the statistics law.

2. Prohibited acts in state statistical activities outside the state statistical program and use of such information include:

a/ The acts specified at Points b, c and e, Clause 1 of this Article;

b/ Collecting and disseminating statistical information on the list of state secrets, infringing upon the State’s interests or lawful rights and interests of organizations and individuals.

Article 11.Handling of violations

Those who commit acts of violating the statistics law shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; and, if causing damage, pay compensation therefor in accordance with law.

Chapter II

SYSTEM OF STATE STATISTICAL INFORMATION

Article 12.System of state statistical information

1. The national statistical information system.

2. The statistical information systems of ministries, ministerial-level agencies, government-attached agencies, the Supreme People’s Court, the Supreme People’s Procuracy, and the State Audit Office of Vietnam (below referred to as ministries and sectors).

3. The provincial-level system of statistical information.

4. The district-level system of statistical information.

Article 13.The national statistical information system

1. The national statistical information system reflects the major socio-economic situation nationwide.

2. The statistical information of the national statistical information system includes:

a/ Statistical information collected by centralized statistics organizations;

b/ Statistical information collected and provided by ministries and sectors to the central statistics agency for summarization.

3. The Minister of Planning and Investment shall assume the prime responsibility for formulating and uniformly managing the national statistical information system, and the provincial- and district-level statistical information systems; and organize and coordinate the connection and provision of data and information among state statistical information systems.

Article 14.Statistical information systems of ministries and sectors

1. The statistical information system of a ministry or sector reflects the major socio-economic situation of the relevant sector or field.

2. The statistical information of the statistical information system of a ministry or sector include:

a/ Statistical information collected by the ministry or sector;

b/ Statistical information complied and provided to the ministry or sector for summarization by specialized agencies of provincial-level People’s Committees, the Supreme People’s Court, provincial-level People’s Courts, the Supreme People’s Procuracy, and provincial-level People’s Procuracies.

3. Ministers, heads of ministerial-level agencies and government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall assume the prime responsibility for formulating and managing the statistical information systems of their ministries and sectors.

Article 15.Provincial-level statistical information systems

1. A provincial-level statistical information system reflects the major socio-economic situation of the relevant provincial-level administrative unit.

2. A provincial-level statistical information system includes:

a/ Statistical information collected by the provincial-level statistics agency;

b/ Statistical information collected and provided to the provincial-level statistics agency for summarization by specialized agencies of the provincial-level People’s Committee, the provincial-level People’s Court, the provincial-level People’s Procuracy, and specialized agencies of ministries and ministerial-level agencies at the provincial-level administrative unit.

3. Heads of provincial-level statistics agencies shall assume the prime responsibility for managing provincial-level statistical information systems.

Heads of the agencies mentioned at Point b, Clause 2 of this Article shall assume the prime responsibility for managing statistical information within the sectors and fields under their charge.

Article 16.District-level statistical information systems

1. A district-level statistical information system includes:

a/ Statistical information collected by the centralized statistical agency of the district-level administrative unit (below referred to as a district-level statistics agency);

b/ Statistical information collected and provided to the district-level statistics agency for summarization by specialized agencies of the district-level People’s Committee, the district-level People’s Court, the district-level People’s Procuracy, specialized agencies of ministries and ministerial-level agencies at the district-level administrative unit and the commune-level People’s Committees.

2. Heads of district-level statistics agencies shall assume the prime responsibility for managing district-level statistical information systems.

Heads of the agencies mentioned at Point b, Clause 1 of this Article shall assume the prime responsibility for managing statistical information within the sectors and fields under their charge.

Article 17.The national statistical indicator system

1. The national statistical indicator system is a combination of major statistical indicators issued by competent state agencies to collect statistical information to form the national statistical information system.

2. The formulation of the national statistical indicator system must comply with the following requirements:

a/ To reflect the national socio-economic situation;

b/ To suit Vietnam’s realities;

c/ To comply with international standards;

3. The national statistical indicator system includes:

a/ National statistical indicators conducted by the centralized statistics organization system;

b/ National statistical indicators conducted by assigned ministries and sectors.

4. The list of national statistical indicators is provided in the Appendix to this Law.

5. The national statistical indicator system shall serve as the ground for assignment of ministries and sectors to take charge of, as well as the coordination among them in, formulation of the national statistical survey program, use of administrative data for statistical activities, statistical reporting regimes and other programs related to statistical activities.

6. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries and sectors in, formulating and submitting to the Government for promulgation contents of statistical indicators belonging to the national statistical indicator system; and guide, examine and report on the results of formulation of the national statistical indicator system.

Article 18.Adjustment and supplementation of the list of national statistical indicators

Based on socio-economic development tasks, requirements for state management and international integration in each period, the Government shall review and propose the National Assembly to adjust or supplement the list of national statistical indicators according to the fast-track procedures.

Article 19.Ministerial and sectoral statistical indicator systems

1. A statistical indicator system of a ministry or sector means a combination of statistical indicators issued by the minister, head of the ministerial-level agency, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General to collect statistical information to form the statistical indicator system of such ministry or sector.

2. A ministerial or sectoral statistical indicator system includes:

a/ Ministerial or sectoral statistical indicators conducted by the ministry or sector;

b/ Ministerial or sectoral statistical indicators conducted by related ministries, sectors, government-attached agencies, the Supreme People’s Court and the Supreme People’s Procuracy according to management requirements of sectors and fields;

c/ Ministerial and sectoral statistical indicators conducted and provided by the ministry or sector for summarization by specialized agencies of provincial-level People’s Committees, provincial-level People’s Courts, provincial-level People’s Procuracies, and specialized agencies of ministries and ministerial-level agencies at provincial-level administrative units.

3. Ministerial and sectoral statistical indicator systems shall be formulated in conformity with the national statistical indicator system and international practice. Ministerial and sectoral statistical indicator systems serve as the ground for assignment of state agencies to take charge of, as well as coordination among them in, formulation of statistical survey programs, use of administrative data for statistical data and statistical reporting regimes at the ministerial and sectoral level.

4. Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall promulgate ministerial and sectoral statistical indicator systems in the sectors and fields under their charge.

5. Government-attached agencies shall formulate and submit statistical indicators in the fields under their charge to ministers and heads of ministerial-level agencies performing state management of the sectors and fields under their charge.

Article 20.Appraisal of ministerial and sectoral statistical indicator systems

1. Ministerial and sectoral statistical indicator systems shall be professionally appraised by central statistics agencies before promulgation.

2. An appraisal dossier comprises:

a/ A request for appraisal;

b/ The draft list of statistical indicators;

c/ The draft statistical indicator contents.

3. To-be-appraised contents of include indicators’ purposes; groups and names of indicators; concepts; methods calculation; main groupings; period of announcement; and data sources.

4. The time limit for appraisal is 20 days after an appraisal agency receives a complete dossier.

5. Ministries and sectors shall study and send to central statistics agencies written explanations clearly stating contents of appraisal opinions they agreed or disagreed with, and finalize and promulgate ministerial and sectoral statistical indicator systems. Ministers, heads of ministerial-level, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and State Auditor General shall be held responsible for statistical indicator systems they promulgate.

Article 21.Adjustment and supplementation of ministerial and sectoral systems of statistical indicators

1. Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall adjust or supplement their ministerial or sectoral systems of statistical indicators in conformity with the adjustment or supplementation of relevant statistical indicators in the national system of statistical indicators and meet the management requirements of their ministries or sectors.

2. Ministerial and sectoral statistical indicators which are adjusted or supplemented shall be professionally appraised by the central statistics agencies before promulgation.

The appraisal must comply with  Article 20 of this Law.

Article 22.Provincial-, district- and commune-level systems of statistical indicators

1. A provincial-level system of statistical indicators is a combination of statistical indicators to form the national system statistical information and provincial-level systems of statistical information.

A district-level system of statistical indicators is a combination of statistical indicators to form provincial- and district-level statistical information systems.

A commune-level system of statistical indicators is  a combination of statistical indicators to form district-level statistical information systems.

2. Provincial-, district- and commune-level systems of statistical indicators shall serve as a basis for the assignment of state agencies to take charge of statistical activities at each level as well as the coordination among such agencies and for formulation of ministerial- and sectoral-level statistical reporting regimes.

3. Provincial-, district- and commune-level systems of statistical indicators shall be formed in conformity with the national system of statistical indicators and management requirements of localities.

4. The Ministry of Planning and Investment has the following responsibilities:

a/ To form provincial-, district- and commune-level systems statistical indicators and submit them to the Prime Minister for promulgation, adjustment or supplementation;

b/ To guide, inspect and report on results of implementation of provincial-, district- and commune-level systems of statistical indicators.

Article 23.Statistical classifications

1. Statistical classifications shall be uniformly used in state statistical activities and serve as a basis for uniform use in state administration.

2. Statistical classifications include:

a/ National statistical classifications;

b/ Sectoral statistical classifications.

Article 24.National statistical classifications

1. National statistical classifications are statistical classifications which are commonly applied to many sectors and fields nationwide.

2. National statistical classifications include:

a/ System of economic sectors;

b/ System of product lines;

c/ List of imported and exported goods;

d/ List of imported and exported services;

dd/ List of administrative units;

e/ List of regions;

g/ List of occupations;

h/ List of education and training;

i/ List of Vietnamese ethnic groups;

k/ List of religions in Vietnam;

l/ Other national statistical classifications.

3. National statistical classifications shall be formulated in conformity with national practices and Vietnam’s realities and used in state statistical activities, formation of the administrative registration system, building of national, ministerial, sectoral and local databases, and other related state management activities.

4. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries and sectors in, formulating and submitting to the Prime Minister for promulgation the inventory and contents of national statistical classifications.

Article 25.Sectoral statistical classifications

1. Sectoral statistical classifications are statistical classifications which are applied to sectors and fields and conform with the relevant national statistical classifications.

2. Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall promulgate sectoral statistical classifications other than national statistical classifications in the sectors and fields under their charge.

3. Government-attached agencies shall formulate sectoral statistical classifications in the fields under their charge for submission to ministers and heads of ministerial-level agencies performing the state management of relevant sectors and fields for promulgation.

Article 26.Appraisal of sectoral statistical classifications

1. Sectoral statistical classifications shall be professionally appraised by the central statistics agency before promulgation.

2. A dossier of appraisal must comprise a written request for appraisal and tbe draft statistical classification.

3. To-be-appraised contents cover the objectives, grounds, scope and unit of the statistical classification.

4. The time limit for appraisal is 20 days after an appraisal agency receives a complete appraisal dossier.

5. The ministry or sector shall study and send to the central statistics agency a written explanation clearly stating contents of the appraial opinions it agrees or disagrees with, and modify and promulgate the sectoral statistical classification. Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall be held responsible for sectoral statistical classifications they promulgate.

Chapter III

COLLECTION OF STATE STATISTICAL INFORMATION

Section 1

STATISTICAL SURVEYS

Article 27.Types of statistical surveys

1. National general statistical surveys and statistical surveys under the national statistical survey program.

2. Statistical surveys outside the national statistical survey program.

Article 28.National statistical survey programs

1. The national statistical survey program shall be decided by the Prime Minister and conducted on a periodical basis to collect major information to serve the summarization of statistical indicators belonging to the national system of statistical indicators.

The national statistical survey program shall have its name, purposes, subjects, units, types, and contents of survey, survey period and time, managing agency and coordinating agencies

2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries and sectors in, fulfilling the following tasks:

a/ To formulate the national statistical survey program and submit it to the Prime Minister for promulgation, adjustment or supplementation;

b/ To guide, inspect and report on the implementation results of the national statistical program.

3. The competence to decide to conduct surveys under the national statistical survey program is prescribed as follows:

a/ The Prime Minister shall decide to conduct national general statistical surveys;

b/ Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall decide to conduct statistical surveys as assigned in the national statistical survey program.

Article 29.National general statistical surveys

1. National general statistical surveys include:

a/ General survey on population and housing;

b/ General survey on rural areas and agriculture;

c/ General economic survey;

d/ Other national general statistical surveys.

2. Agencies conducting national general statistical surveys include:

a/ The central statistics agency shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, conducting the general surveys prescribed at Points a, b and c, Clause 1 of this Article;

b/ The Prime Minister shall assign agencies to conduct the general surveys prescribed at Point d, Clause 1 of this Article;

c/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries and sectors in, formulating national general statistical surveys and submitting them to the Prime Minister for adjustment or supplementation.

Article 30.Statistical surveys outside the national statistical survey program

1. Statistical surveys outside the national statistical survey program include:

a/ Extraordinary statistical surveys upon occurrence of natural disasters, epidemics or other extraordinary cases;

b/ Statistical surveys to collect information on statistical indicators in the sectors and fields under the charge of a ministry or sector, which, however, do not belong to the national system of statistical indicators, to meet management requirements of such ministry or sector;

c/ Statistical surveys to collect specific information to meet management requirements of provincial-level People’s Committees.

2. The competence to decide on statistical surveys outside the national statistical survey program is prescribed as follows:

a/ Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall decide on, and organize the implementation of, the statistical surveys prescribed at Point a and b, Clause 1 of this Article;

b/ Chairpersons of provincial-level People’s Committees shall decide on, and organize the implementation of, the statistical surveys prescribed at Point c, Clause 1 of this Article.

Article 31.Statistical survey plans

1. Each statistical survey must have a plan which shall be promulgated together with the  decision on the statistical survey of a competent state agency.

2. A statistical survey plan shall have the following principal contents:

a/ Purposes and requirements of the survey;

b/ Scope, subjects and unit of the survey;

c/ Type of the survey;

d/ Survey time, period and methods;

dd/ Survey contents and questionnaire;

e/ Statistical classifications used in the survey;

g/ Process of processing and survey result charts;

h/ Plan to conduct the survey;

i/ Organization conducting the survey;

k/ Funds and physical conditions for the survey.

Article 32.Appraisal of statistical survey plans

1. For a statistical survey under the national statistical survey program which is conducted by a ministry or sector or a statistical survey prescribed in Clause 1, Article 30 of this Law, its statistical survey plan shall be professionally appraised by the central statistics agency before promulgation.

2. A dossier of appraisal must comprise a written request for appraisal and a draft statistical survey plan.

3. To-be-appraised contents include purposes, scope, subjects and unit of the survey; type of the survey; survey time, period,  methods; survey contents and questionnaire, and the statistical classification used in the survey.

4. The time limit for appraisal is 20 days after the appraisal agency receives a complete dossier. For a statistical survey plan prescribed at Point a, Clause 1, Article 30 of this Law, the appraisal time limit is 5 working days.

5. The ministry, sector or provincial-level People’s Committee shall study and send to the central statistics agency written explanations clearly stating contents of appraisal opinions which it agrees or disagrees with and modify and promulgate the statistical survey plan. Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall be held responsible for statistical survey plans they promulgated.

Article 33.Rights and obligations of organizations and individuals being statistical-survey respondents

1. Organizations and individuals being respondents in a statistical survey have the following rights:

a/ To be informed of the decision, purposes, requirements, scope, principal contents and duration of the survey;

b/ To have the information they provided to statistical-survey conductors kept confidential according to Article 57 of this Law;

c/ To lodge complaints and denunciations against acts of violation of the law on statistical surveys.

2. Organizations and individuals being respondents in a statistical survey have the following obligations:

a/ To truthfully, accurately, fully and timele provide information requested by statistical-survey conductors or the agency conducting the survey;

b/ Not to refuse or prevent the provision of information for the survey;

c/ To be subject to examination by the agency conducting the survey and specialized statistics inspectorates with regard to the information they provided.

Article 34.Rights and obligations of statistical-survey conductors

1. Statistical-survey conductors have the following rights:

a/ To be professionally independent in fufilling the task of collecting information according to statistical survey plans and guidance of survey-conducting agencies;

b/ To be professionally trained in statistical surveys and equipped with means to serve  the information collection, and to enjoy remuneration;

c/ To request subjects of statistical surveys to provide information according to statistical survey plans and guidance of survey-conducting agencies.

2. Statistical-survey conductors have the following obligations:

a/ To collect information according to statistical survey plans and guidance of survey-conducting agencies;

b/ To keep confidential information collected from organizations and individuals statistical-survey respondents;

c/ To hand over documents and survey questionnaires according to the guidance of survey-conducting agencies.

Article 35.Responsibilities of statistical survey-conducting agencies

1. To formulate statistical survey plans.

2. To direct, organize, supervise and inspect the implementation of statistical survey plans.

3. To inspect the provision of information by organizations and individuals being statistical-survey respondents.

4. To summarize, analyze and announce statistical survey results.

5. To keep coinfidential collected statistical information.

6. Statistical survey results shall be reported to agencies under the system of centralized statistics organizations as follows:

a/ Agencies conducting the statistical surveys prescribed at Points a and b, Clause 1, Article 30 of this Law shall report statistical survey results to the central statistics agency;

b/ Agencies conducting the statistical surveys prescribed at Point c, Clause 1, Article 30 of this Law shall report statistical survey results to provincial-level statistics agencies.

Section 2

USE OF ADMINISTRATIVE DATA FOR STATE STATISTICAL ACTIVITIES

Article 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 and information on specific subjects of study from administrative data. Administrative data used in state statistical activities are statistical data.

2. Contents of use of administrative data for state statistical activities include:

a/ Summarizing statistical data, compiling statistical indicators and making reports according to statistical reporting regimes;

b/ Formulating and updating forms for statistical surveys;

c/ Building and updating statistical databases.

3. Administrative databases used in state statistical activities include:

a/ Human-related databases;

b/ Land-related databases;

c/ Databases on economic establishments;

d/ Tax-related databases;

dd/ Custom-related databases;

e/ Insurance-related databases;

g/ Other administrative databases;

4. The State shall give priority for the building of administrative databases to meet management requirements and serve state statistical activities.

Article 37.Provision of data in databases for state statistical activities

1. Data in the databases prescribed in Clause 3, Article 36 of this Law which are provided for state statistical activities include:

a/ List of relevant data fields and data;

b/ Data format, definition and relevant propẻtíe of data fields;

c/ Methods, frequencies and time of data provision.

2. Conditions to ensure the provision and receipt of data include information infrastructure, human resources and finance.

3. The central statistics agency shall coordinate with administrative database-managing agencies in specifying the contents prescribed in Clause 1 of this Article.

Article 38.Tasks and obligations of administrative database-managing agencies

1. To formulate administrative databases to meet management requirements of sectors and fields and serve state statistical activities.

2. To provide data and information in the databases they are managing to the central statistics agency in accordance with this Law.

3. To refuse requests for provision of data and information from the databases they are managing if such requests are contrary to law.

Article 39.Tasks and obligations of the central statistics agency in management and use of administrative data

1. To receive, manage and use data and information from administrative databases provided by data-managing agencies for state statistical activities.

2. To ensure the confidentiality of information according to Article 57 of this Law.

3. Not to provide to third parties data and information received from administrative databases, unless agencies managing such databases so agree.

Section 3

STATISTICAL REPORTING REGIMES

Article 40.Statistical reporting regimes

1. Statistical reporting regimes include:

a/ National-level statistical reporting regimes;

b/ Ministerial- and sectoral-level statistical reporting regimes.

2. The contents of a statistical reporting regime include purposes and scope of statistics, subjects of application, reporting units, report-receiving units, form codes, reporting period, report-receiving deadline, report-sending methods, statistical report forms and form explanation.

Article 41.National-level statistical reporting regimes

1. National-level statistical reporting regimes shall be implemented to collect statistical information belonging to the national system of statistical indicators.

2. Agencies and organizations implementing the national-level statistical reporting regimes include:

a/ Ministries, sectors; central agencies of political organizations and socio-political organizations;

b/ Other agencies and organizations as prescribed by law.

3. The Government shall stipulate in detail the contents of national-level statistical reporting regimes.

Article 42.Ministerial- and sectoral-level statistical reporting regimes

1. Ministerial- and sectoral-level statistical reporting regimes shall be implemented to collect statistical information beloning to the national sytem of statistical indicators  ministerial and sectoral systems of statistical indicators, provincial- and district-level systems of statistical indicators and to summarize other statistical information to meet management requirements of sectors and fields.

2. Agencies and organizations implementing ministerial- and sectoral-level statistical reporting regimes include:

a/ Professional agencies of provincial- and district-level People’s Committees; provincial- and district-level People’s Courts and People’s Procuracies; professional agencies of ministries or ministerial-level agencies which are located in localities;

b/ Other agencies and organizations as prescribed by law.

3. The competence to promulgate ministerial- and sectoral-level statistical reporting regimes is prescribed as follows:

a/ Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall promulgate ministerial- and sectoral-level statistical reporting regimes;

b/ Government-attached agencies shall formulate ministerial- and sectoral-level statistical reporting regimes applicable to the fields under their charge and report them to ministers or heads of ministerial-level agencies managing the relevant sectors and fields for promulgation.

Article 43.Appraisal of ministerial- and sectoral-level statistical reporting regimes

1. Ministerial- and sectoral-level statistical reporting regimes shall be professionally appraised by the central statistics agency before promulgation.

2. A dossier for appraisal must comprise a written request for appraisal and the draft  document and report forms and explanations thereof.

3. To-be-appraised contents include objectives, subjects of application, scope of information collection and summarization, report forms and explanations thereof.

4. The time limit for appraisal is 20 days after an appraisal agency receives a complete dossier for appraisal.

5. The ministry or sector shall study and send to the central statistics agency a written explanation clearly stating contents of appraisal opinions which it agrees or disagrees with, and modify and promulgate the ministerial- and sectoral-level statistical reporting regime. Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall be held responsible for the ministerial- and sectoral-level statistical reporting regimes they promulgate.

Article 44.Rights and obligations of agencies and organizations implementing statistical reporting regimes

1. Agencies and organizations implementing statistical reporting regimes have the following rights:

a/ To be professionally independent in performing the task of collection and summarization of statistical information;

b/ To be provided with professional guidance for application of statistical reporting regimes;

c/ To be provided with and use data from administrative databases managed by relevant state agencies for summarization of statistical data;

d/ To lodge complaints against administrative decisions and administrative acts when having grounds to believe that such decisions or acts violate statistical reporting regimes.

2. Agencies and organizations implementing statistical reporting regimes have the following obligations:

a/ To collect and summarize data, make and submit reports according to statistical reporting regimes and guidance of competent state agencies; to take responsibility for the accuracy of statistical information;

b/ To keep secret information relating to agencies, organizations and individuals in the course of implementing statistical reporting regimes;

c/ Not to refuse or obstruct the implementation of statistical reporting regimes;

d/ To submit to professional inspection of report-receiving agencies;

dd/ To submit to professional examination and inspection of specialized statistical inspectorates.

Chapter IV

STATISTICAL ANALYSIS AND FORECAST, PUBLICIZATION AND  DISSEMINATION OF STATE STATISTICAL INFORMATION

Article 45.Statistical analysis and forecast

1. Statistical analysis and forecast serve the formulation and evaluation of the implementation of socio-economic development strategies, policies and plans.

2. Statistical analysis aims to clarify particular characteristics of a socio-economic phenomenon; change and factors of influence, role and reciprocal impacts of each factor on the phenomenon according to temporal and spatial conditions. Statistical forecast aims to predict the development trend of a socio-economic phenomenon.

3. Statistical analysis and forecast shall be conducted in a truthful, objective and comprehensive manner on the basis of statistical information which have been collected, summarized, stored and systematized, and the development of actual situation.

4. Agencies belonging to the system of state statistics organizations shall conduct statistical analysis and forecast according to statistical programs.

Article 46.Responsibilities of ministries and sectors for statistical indicators within the national system of statistical indicators

1. Ministers, heads of ministerial-level agencies and government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall take responsibility for statistical data belonging to the national system of statistical indicators, which they are assigned to collect and summarize.

2. Ministries and sectors shall collect and summarize statistical data belonging to the national system of statistical indicators as assigned and send appraisal dossiers according to Clause 1, Article 47 of this Law to the central statistics agency for appraisal and publicization.

Article 47.Appraisal of ministries’ and sectors’ statistical data within the national system of statistical indicators

1. A dossier of appraisal must comprise a written request for appraisal, draft statistical data, explanation about the scope, method of calculation and sources of collected and summarized data.

2. To-be-appraised contents include the scope, method of calculation and sources of data.

3. The time limit for appraisal of a dossier, which shall be calculated from the date the  central statistics agency receives a complete dossier, is specified as follows:

a/ Three working days, for estimated statistical data;

b/ Seven working days, for preliminary statistical data;

c/ Twenty working days, for official statistical data.

4. On the basis of appraisal opinions of the central statistics agency, the ministry or sector shall study, acquire, explain in writing and modify statistical data it collects and summarizes. In case the ministry or sector disagrees with appraisal opinions of the central statistics agency, the central statistics agency shall make decision in its own and take responsibility for its decision.

Article 48.Publicization of state statistical information

1. To-be-publicized statistical data include:

a/ Estimated statistical data;

b/ Preliminary statistical data;

c/ Official statistical data.

2. The competence to publicize statistical information is provided as follows:

a/ The head of the central statistics agency shall publicize statistical information belonging to the national system of statistical indicators;

b/ Ministers, heads of ministerial-level agencies and government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall publicize statistical information in the sectors or fields under their charge, except those specified at Point a of this Clause;

c/ Chairpersons of provincial-level People’s Committees shall publicize statistical information obtained from the statistical surveys specified in Point c, Clause 1, Article 30 of this Law;

d/ Heads of provincial-level statistics agencies shall publicize statistical information belonging to the provincial- , district- and commune-level systems of statistical indicators.

3. Persons competent to publicize statistical information shall take responsibility for publicized information.

Article 49.Dissemination of state statistical information

1. Statistical information publicized under this Law shall be disseminated in a prompt, complete, broad, public and transparent manner.

2. Information shall be disseminated via:

a/ Websites of agencies belonging to the system of state statistics organizations; websites of state agencies;

b/ Press conferences, press releases;

c/ The mass media;

d/ Publications and electronic information storage devices.

3. The annual national statistical directory shall be disseminated in June of the subsequent year.

4. The schedule for dissemination of state statistical information is a table fixing the time for disseminating statistical information belonging to systems of statistical indicators, which is set and publicized by persons competent to disseminate statistical information.

5. The Government shall stipulate in detail the dissemination of state statistical information.

Chapter V

STUDY AND APPLICATION OF STATISTICAL METHODS, INFORMATION AND COMMUNICATION TECHNOLOGIES AND INTERNATIONAL COOPERATION IN STATE STATISTICAL ACTIVITIES

Article 50.Study and application of advanced statistical methods

1. The State shall prioritize the study and application of advanced statistical methods to statistical activities according to international standards and practices and in conformity with the country’s socio-economic development conditions in each period.

2. Fields prioritized for study and application of advanced statistical methods include:

a/ Study of methods to measure new socio-economic phenomena to completely, accurately, promptly reflect the process of development and international integration of the country;

b/ Study and application of statistical classifications according to international standards;

c/ Compilation, translation and dissemination of documents guiding advanced statistical methods.

3. The Minister of Planning and Investment shall organize and coordinate the study and application of advanced statistical methods to state statistical activities. Ministers, heads of ministerial-level agencies and government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, and chairpersons of provincial- and district-level People’s Committees shall organize the study and application of advanced statistical methods in sectors, fields and localities under their charge.

Article 51.Development and application of information and communication technologies

1. The State shall prioritize investment in the development and application of advanced information and communication technologies in state statistical activities, including:

a/ Information infrastructure of the system of state statistics organizations;

b/ System of centralized and unified state statistical databases managed by the central statistics agency, including statistical databases of the centralized statistics system and statistical databases formed from administrative data sources provided in this Law, connection between national statistical databases with databases of other countries, and databases of ministries and sectors for provision and updating of information;

c/ System of statistical databases of ministries and sectors and connection to the system of national statistical database;

d/ Application software;

dd/ Advanced means and methods for information collection and dissemination, including tablets, smart phones, laptops, e-cards, online information collection cards, satellite imaging technology, system of geographical information and other advanced means and methods for collection and dissemination of statistical information.

2. The State shall encourage information and communication technology businesses to provide products and services in development and application of information and communication technologies in statistical activities.

3. The Minister of Planning and Investment shall organize and coordinate the development and application of information and communication technologies, ensuring uniformity, synchronization, computerization of, and formulation of processes for, state statistical activities. Ministers, heads of ministerial-level agencies and government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, and chairpersons of provincial- and district-level People’s Committees shall organize the development and application of information and communication technologies in statistical activities of ministries, sectors and localities.

Article 52.International cooperation on statistics

1. International cooperation on statistics aims to ensure that statistical data meet international integration requirements, enhancing the position of Vietnam’s statistics sector in the region and the world.

2. Major activities of international cooperation on statistics include:

a/ Sharing of statistical information;

b/ Application of statistical methods;

c/ Training of human resources;

d/ International comparison;

dd/ Attraction of resources;

e/ Application of science and technology.

3. The Minister of Planning and Investment shall organize and coordinate international cooperation on state statistics. Ministers, heads of ministerial-level agencies and government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, and chairpersons of provincial- and district-level People’s Committees shall organize international cooperation on statistics in sectors, fields and localities under their charge.

Chapter VI

USE OF STATISTICAL DATABASES AND STATE STATISTICAL INFORMATION

Article 53.Use of statistical databases managed by the central statistics agency

1. The central statistics agency shall manage statistical databases and respond to lawful demand for use of statistical information and data of agencies, organizations and individuals.

2. Statistical databases managed by the central statistics agency (below referred to as statistical databases), include:

a/ Statistical database on population;

b/ Statistical database on economic institutions;

c/ Statistical database on rural areas and agriculture;

d/ Other specialized statistical databases.

3. Data and information in the databases specified in Clause 2 of this Article shall be provided to agencies, organizations and individuals for use only after relevant statistical information is publicized by the central statistics agency according to Article 48 of this Law.

Article 54.Tasks andpowers of the central statistics agency in management and use of statistical databases

1. To build up statistical databases in accordance with this Law.

2. To determine the number of access and use of data and information relating to statistical information publicized in statistical databases.

3. To provide data and information relating to statistical information publicized in statistical databases to agencies, organizations and individuals; to keep secret information of organizations and individuals in the course of data provision.

4. To refuse requests for provision of data or information if such requests are contrary to law.

5. To examine, and handle violations of law in the use of statistical databases.

Article 55.Rights andobligations of agencies, organizations and individuals in the use of statistical databases

1. To use data or information relating to statistical information publicized in statistical databases.

2. To keep secret information according to Article 57 of this Law.

3. Not to provide third parties with data provided from statistical databases, unless the central statistics agency so permits.

Article 56.Use of state statistical information

1. State agencies shall use state statistical information already publicized to evaluate and forecast the situation, draw up strategies, formulate plans and policies, manage and administer socio-economic development, and conduct inspection, examination and supervision.

2. Agencies, organizations and individuals shall use state statistical information already publicized to serve their operations.

3. Statistics organizations within the system of state statistics organizations shall, within the ambit of their functions and tasks, respond to the demand of agencies, organizations and individuals to legally use state statistical information already announced.

Article 57.Confidentiality of state statistical information

1. State statistical information which must be kept secret includes:

a/ Statistical information associated with the names and/or addresses of specific organizations or individuals, unless such organizations or individuals so agree or otherwise provided by law;

b/ Statistical information not yet publicized by competent persons;

c/ Statistical information on the list of state secrets.

2. The confidentiality of state statistical information must comply with law.

Article 58.Rights and obligations of agencies, organizations and individuals in the use of state statistical data and information

1. To be equal in the access to, and use of, statistical information already publicized.

2. To use statistical information already publicized.

3. To cite and use statistical information already publicized in a truthful manner, clearly citing their sources.

4. To give their opinions on the quality of statistical data to statistics agencies.

5. To lodge complaints and denunciations against violations of law in the use statistical data and information.

6. To coordinate with the central statistics agency in fulfilling the tasks specified in Clause 2, Article 59 of this Law.

Article 59.Tasks and powers of the central statistics agency in the use of state statistical data and information

1. To comply with provisions specified in Clause 3, Article 56 and keep secret statistical information as specified in Article 57 of this Law.

2. To conduct periodical and irregular examination of the use of statistical data and information of the national statistical indicators, provincial- , district-, and commune-level statistical indicators already publicized by competent authorities.

3. To-be-examined contents include:

a/ The accuracy and consistency between used statistical data and publicized ones;

b/ The citing of information sources.

4. If detecting any violations in the use of publicized statistical data, to handle according to its competence or propose competent state agencies to handle violations of the statistics law.

Article 60.Consultation of state statistical information users

1. Statistics organizations belonging to the system of state statistics organizations shall consult state statistical information users about the quality of statistical data so as to improve the quality of statistical information and statistical work.

2. Forms of consultation mainly include conducting surveys on the demand and levels of satisfaction of statistical information users, holding conferences of statistical information users, and conducting online surveys.

3. The Minister of Planning and Investment shall organize, coordinate  and report the results of, consultation of statistical information users in state statistical activities.

Chapter VII

STATE STATISTICS ORGANIZATIONS

Article 61.System of state statistics organizations

1. System of centralized statistics organizations.

2. Statistics organizations of ministries and sectors.

Article 62.System of centralized statistics organizations

1. The system of centralized statistics organizations shall be organized in the hierarchical structure, including the central statistics agency and local statistics agencies.

2. The central statistics agency shall be attached to the Ministry of Planning and Investment.

3. The central statistics agency is the national statistics agency, performs the function of advising and assisting the Minister of Planning and Investment in performing state management of statistics, coordinates and organizes statistical activities, and provides socio-economic statistical information to organizations and individuals.

4. Local statistics agencies include provincial-level statistics agencies and district-level statistics agencies.

5. The Government shall define the functions, tasks, powers and organizational structure of the system of centralized statistics organizations.

Article 63.Statistics organizations of ministries and sectors

1. The Government shall define the functions, tasks and organizational structures of statistics organizations of ministries and ministerial-level agencies.

2. Ministers, head of ministerial-level agencies and government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall, within the ambit of their tasks and powers, organize statistics work in their ministries and sectors.

Article 64.Statistical activities at commune-level administrative units

Commune-level People’s Committees shall organize statistics work to serve the management requirements at the communal level, conduct statistical surveys and implement the state’s statistical reporting regimes.

Article 65.Statistical activities in state agencies and public non-business units

State agencies, public non-business units shall, within the ambit of their tasks and powers, organize statistics work to serve the requirements for management and provision of information to statistics agencies belonging to the system of centralized statistics organizations, conduct statistical surveys and implement the state’s statistical reporting regimes in accordance with law.

Article 66.Statisticians

1. Statisticians include statisticians working in the system of state statistics organizations, statisticians working in communes, state agencies, public non-business units and statistical-survey conductors.

2. Statisticians must satisfy the following criteria:

a/ Possessing professional ethics, being honest and impartial and having the sense of law observance;

b/ Having professional statistical qualifications and skills.

3. Statisticians shall be professionally independent in their statistical operations.

4. Statisticians shall comply with the law on statistics, perform and take responsibility for their assigned tasks.

Chapter VIII

STATISTICAL ACTIVITIES, USE OF STATISTICAL INFORMATION OUTSIDE THE STATE STATISTICAL PROGRAM

Article 67.Scope of statistical activities outside the state statistical program

1. Collection, processing, summarization, analysis and forecast of statistical information serving research, production and business activities, and lawful and legitimate demand of organizations and individuals themselves or of other organizations and individuals.

2. Provision of statistical services.

Article 68.Requirements for statistical activities outside the state statistical program

1. To comply with law and take responsibility before law for professional operations, statistical information and use of statistical information created outside the state statistical program.

2. To comply with basic principles of statistical activities outside the state statistical program specified in Clause 2, Article 5 of this Law.

3. To collect information on the basis of voluntariness and agreement on provision of information with organizations and individuals being statistical-survey respondents.

Article 69.Value of statistical information outside the state statistical program

Statistical information outside the state statistical program may not be used to replace state statistical information as specified in Clause 1, Article 56 of this Law.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 70.Effect

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

2. Statistics Law No. 04/2003/QH 11 ceases to be effective on the effective date of this Law, except the case specified in Article 71 of this Law.

Article 71.Transitional provision

Statistical classifications and statistical reporting regimes specified in Statistics Law No. 04/2003/QH11 shall be implemented through June 30, 2018.

Article 72.Detailing provision

The Government and competent agencies shall provide in detail articles and clauses as assigned in this Law.

This Law was passed on November 23, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.

Chairman of the National Assembly
NGUYEN SINH HUNG

APPENDIX

LIST OF NATIONAL STATISTICAL INDICATORS

(To Law No. 89/2015/QH13)

THE END