Law on Statistics No. 04/2003/QH11

LAW

Statistics

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To enhance the effectiveness of statistical work, ensure truthful, objective, accurate, complete, and timely statistical information to serve state agencies in evaluating, forecasting situations, formulating strategies, policies, building plans for socio-economic development, and meeting the statistical information needs of other organizations and individuals; strengthen the effectiveness of state management over statistical work;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Law stipulates on statistics.

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Law stipulates on statistical activities, the use of statistical information, and the national statistical organization system.

2. The statistical surveys conducted by organizations and individuals outside the national statistical organization system shall be regulated by the Government.

Article 2. Applicability

The subjects to which this Law applies include:

1. State agencies, public service units, units under the people's armed forces, political organizations, political-social organizations, political-professional social organizations, social organizations, social-professional organizations, enterprises and their affiliated units belonging to all economic sectors, cooperatives, cooperative groups, individual business households, family households, individuals, and other organizations of Vietnam both domestically and abroad, and foreign organizations and individuals operating within the territory of Vietnam (hereinafter referred to collectively as organizations and individuals) providing statistical information;

2. Organizations and individuals using statistical information;

3. Statistical organizations and persons engaged in statistical work

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Statistical activities are investigations, reports, compilations, analyses, and publications of information reflecting the essence and regularity of socio-economic phenomena in specific spatial and temporal conditions carried out by state statistical organizations.

2. Statistical Information are products of statistical activities, including statistical data and analyses of such data.

3. Statistical indicators are criteria whose numerical expressions reflect the scale, rate of development, structure, and proportional relationships of socio-economic phenomena in specific spatial and temporal conditions.

4. Statistical indicator system is a collection of statistical indicators issued by competent state authorities.

5. National Statistical Indicator System is a collection of statistical indicators reflecting the main socio-economic situation of the country.

6Statistical survey is a method of collecting statistical information according to a survey plan.

7. Statistical reports is a method of collecting statistical information according to a reporting system established by competent state authorities.

Statistical reports include basic statistical reports and consolidated statistical reports.

Article 4. Basic principles of statistical activities

Statistical activities must comply with the following basic principles:

1. Ensuring truthfulness, objectivity, accuracy, completeness, and timeliness in statistical activities;

2. Ensuring independence in professional and operational matters of statistics;

3. Uniformity in indicators, forms, calculation methods, classification tables, measurement units, statistical periods, and ensuring international comparability;

4. Avoiding overlap between statistical surveys and reporting systems;

5. Transparency in statistical methods and publication of statistical information;

6. Ensuring equal access and use of publicly disclosed state statistical information;

7. Information about individual organizations and individuals can only be used for statistical compilation purposes.

Article 5. Application of science and technology to statistical activities

The State prioritizes investment and application of information technology, communication technology, and advanced statistical methods in statistical activities.

Article 6. Prohibited acts in statistical activities

Strictly prohibit the following acts:

1. Not implementing or obstructing the implementation of reporting systems and statistical surveys;

2. Providing false information; reporting or publishing false statistical information; compelling others to provide false information, report or publish false statistical information;

3. Disclosing statistical information classified as state secrets; disclosing statistical information linked to the names and specific addresses of individual organizations and individuals without their consent;

4. Deciding on statistical surveys or issuing reporting systems contrary to the provisions of the law;

5. Other acts violating the law on statistics.

Chapter 2:

STATISTICAL INFORMATION SYSTEM

Article 7. Statistical Information System

The statistical information system includes:

1. Statistical information directly implemented and compiled by the centralized statistical organization system from statistical information carried out by ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, and the Supreme People's Procuracy to meet the general management requirements of the State;

2. Statistical information carried out by ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, and the Supreme People's Procuracy to meet the compilation requirements of the centralized statistical organization system and the management and utilization requirements of those agencies.

Article 8. Authority to issue statistical indicators system

1. Based on the requirements and tasks for socio-economic development, the Prime Minister issues the national statistical indicator system. The national statistical indicator system serves as the basis for division of labor and coordination in statistical activities, the formulation of the national census program, the establishment of comprehensive reporting systems, and basic reporting systems.

2. Based on the national statistical indicator system, ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People's Court, and the Prosecutor General issue statistical indicators serving management and utilization needs within their respective sectors and fields.

Article 9. Statistical Classification Tables

1. Statistical classification tables issued by competent state authorities serve as standards and are uniformly applied in statistical activities, including tables on the national economic sector system, economic form classification, administrative unit directory, ethnic group directory, economic unit directory, administrative agency directory, public institution directory, product and commodity directory, occupation directory, education and training directory, and other statistical classification tables.

2. The Government stipulates the authority to issue statistical classification tables, except for those specified in Clause 3 of this Article.

3. The Chief Justice of the Supreme People's Court and the Prosecutor General issue statistical classification tables within their respective sectors and fields.

Article 10. Methods of Collecting Statistical Information

The main methods for collecting statistical information include statistical surveys and reporting.

Chapter 3:

STATISTICAL INVESTIGATION AND REPORTING

Section I: STATISTICAL INVESTIGATION

Article 11. National Statistical Investigation Program

1. Based on the national statistical index system and the state's comprehensive reporting regime, ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, and the Supreme People's Procuracy propose planned statistical investigations; the central statistical agency compiles and submits to the Prime Minister for decision the long-term and annual national statistical investigation programs.

The national statistical investigation program includes a list of investigations, investigation periods, assignments, and conditions ensuring the implementation of the investigations.

2. The Government stipulates the conduct of investigations outside the national statistical investigation program.

Article 12. Authority to Decide on Statistical Investigations

1. The Prime Minister decides on nationwide statistical investigations.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chief Judges of the Supreme People's Court, and Procurators General within their respective duties and authorities decide on statistical investigations other than those specified in Clause 1 of this Article.

3. Chairpersons of provincial People's Committees under the central government within their respective duties and authorities decide on statistical investigations required for local management other than those specified in Clauses 1 and 2 of this Article.

Article 13. Statistical Investigation Plan

1. Each statistical investigation must have a statistical investigation plan.

2. The statistical investigation plan includes provisions and guidelines regarding the purpose, requirements, scope, subjects, units, content, methods, timing, duration, conducting agency, implementing force, data synthesis, analysis, publication of results, budget, and other material conditions ensuring implementation, responsibilities of related organizations and individuals.

3. The authority deciding on the statistical investigation decides on the statistical investigation plan. The statistical investigation plans of ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, the Supreme People's Procuracy, and provincial People's Committees under the central government must be reviewed for expertise and professional suitability by the central statistical agency before being decided upon.

Article 14. Budget for Statistical Investigations

1. The budget for implementing statistical investigations is guaranteed by the state budget according to the scale and nature of each investigation.

2. The preparation, management, use, and settlement of the budget for statistical investigations are carried out in accordance with the State Budget Law.

Article 15. Rights and Obligations of the Conducting Agency and Individuals Implementing Statistical Investigations

1. The agency conducting statistical investigations has the following rights and obligations:

a) Direct, organize, and inspect the implementation of the statistical investigation plan;

b) Organize the synthesis, analysis, and publication of statistical investigation results.

2. Individuals implementing statistical investigations have the following rights and obligations:

a) Receive training in statistical investigation expertise and procedures;

b) Conduct investigations in accordance with the statistical investigation plan.

3. The agency conducting the investigation and individuals implementing statistical investigations are responsible for the objectivity and accuracy of investigative information and must keep such information confidential as prescribed by this Law.

Article 16. Rights and Obligations of Organizations and Individuals Subject to Statistical Surveys

Organizations and individuals subject to statistical surveys have the following rights and obligations:

1. To be informed about the decision on the statistical survey;

2. To provide truthful, complete, and timely information as required by the person conducting the statistical survey;

3. To lodge complaints or reports against violations of laws related to statistical surveys.

Chapter II: STATISTICAL REPORTING REGIME AT THE PRIMARY LEVEL

Article 17. Statistical Reporting Regime at the Primary Level

The statistical reporting regime at the primary level includes provisions regarding the entities responsible for implementation, scope, content of reports, deadlines, timeframes for implementation, and the recipient of reports, issued by competent state agencies to collect statistical information from original records and ledgers.

Article 18. Authority to Issue the Statistical Reporting Regime at the Primary Level

1. The Prime Minister issues the statistical reporting regime at the primary level to collect national statistical indicators assigned to the central statistical agency.

2. Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, and Chief Procurator of the Supreme People's Procuracy issue the statistical reporting regime at the primary level to collect national statistical indicators assigned to them and sectoral statistical indicators within their areas of responsibility, after obtaining professional review from the central statistical agency.

Article 19. Rights and Obligations of Organizations Implementing the Statistical Reporting Regime at the Primary Level

Organizations implementing the statistical reporting regime at the primary level have the following rights and obligations:

1. To record, compile data, prepare, and submit reports in accordance with the provisions of the statistical reporting regime at the primary level;

2. To prepare accurate and complete primary-level statistical reports based on original documents and ledgers; to calculate and aggregate indicators according to the content and methods stipulated in the statistical reporting regime at the primary level;

3. To appeal administrative decisions or actions when there is evidence that such decisions or actions violate the provisions of the law on the statistical reporting regime at the primary level.

Chapter III: STATISTICAL AGGREGATE REPORTING REGIME

Article 20. Statistical Aggregate Reporting Regime

The statistical aggregate reporting regime includes provisions regarding the entities responsible for implementation, scope, content of reports, deadlines, timeframes for implementation, and the recipient of reports, issued by competent state agencies to aggregate statistical information from primary-level statistical reports, financial statements, results of statistical surveys, and other sources of information.

Article 21. Authority to Issue the Statistical Aggregate Reporting Regime

1. The Prime Minister issues the statistical aggregate reporting regime applicable to ministries, ministerial-level agencies, and government agencies.

2. Ministers, Heads of ministerial-level agencies issue the statistical aggregate reporting regime applicable to specialized agencies of provincial people's committees, municipalities directly under the central government, districts, towns, and cities under provinces within their sectors and areas of responsibility, after obtaining professional review from the central statistical agency.

3. Chief Justice of the Supreme People's Court and Chief Procurator of the Supreme People's Procuracy issue the statistical aggregate reporting regime applicable to the court system and the procuratorial system, after obtaining professional review from the central statistical agency.

Article 22. Rights and Obligations of the Agency Implementing the Comprehensive Statistical Reporting System

The agency implementing the comprehensive statistical reporting system has the following rights and obligations:

1. Organizing the collection, compilation of data, preparation, and submission of reports in accordance with the provisions of the comprehensive statistical reporting system;

2. Preparing comprehensive statistical reports truthfully, accurately, and completely based on data from statistical surveys, financial reports, basic statistical reports, and other information sources; calculating and compiling indicators correctly according to the content and methods prescribed by the comprehensive statistical reporting system;

3. Filing administrative complaints against administrative decisions or actions when there is evidence that such decisions or actions violate the regulations on the comprehensive statistical reporting system.

Article 23. Rights to Exploit and Utilize Statistical Database

1. Central statistical organizations have the right to exploit and utilize the initial statistical database of the agency implementing the comprehensive statistical reporting system. The agency implementing the comprehensive statistical reporting system is responsible for providing information within its managed initial statistical database upon request of the central statistical organization.

2. The agency implementing the comprehensive statistical reporting system is provided with comprehensive statistical information by the central statistical organization and has the right to exploit the related comprehensive statistical database of the central statistical organization.

Chapter 4:

ANNOUNCEMENT AND USE OF STATISTICAL INFORMATION

Article 24. Announcement of Statistical Information

1. Statistical information conducted by state statistical organizations must be publicly announced within the specified time frame, except for statistical information that must be kept confidential as stipulated in Article 27 of this Law.

The Government shall specify the deadlines, means, and scope for announcing statistical information.

2. Statistical information announced by persons authorized under Article 25 of this Law is legally valid statistical information.

Article 25. Authority to Announce Statistical Information

1. The head of the central statistical agency announces statistical information within the national statistical indicator system.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chief Justice of the Supreme People's Court, and Chief Prosecutor of the Supreme People's Procuracy announce statistical information within their respective sectors or fields outside the national statistical indicator system.

3. Chairpersons of Provincial People's Committees and Municipal People's Committees directly under the central government announce statistical information derived from statistical surveys as stipulated in Clause 3, Article 12 of this Law.

Article 26. Use of Statistical Information

The citation and use of statistical information must be truthful and the source of the information clearly stated.

Article 27. Confidentiality of Statistical Information

Statistical information that must be kept confidential includes:

1. Statistical information linked to the name and specific address of each organization or individual, except where such organizations or individuals agree to its publication;

2. Statistical information included in the list of state secrets.

Chapter 5:

STATISTICAL ORGANIZATIONS

Article 28. State Statistical Organization System

The state statistical organization system includes centralized statistical organizations, ministry-level statistical organizations, agencies at the ministerial level, government agencies, the Supreme People's Court, and the Supreme People's Procuracy.

Article 29. Central Statistical Organization System

1. The central statistical organization system is organized vertically, consisting of the central statistical agency and local statistical agencies.

2. The Government shall specify the tasks, powers, and organizational structure of the central statistical organization system.

Article 30. Statistics for Ministries, Equivalent Ministries, Government Agencies, Supreme People's Court, and Supreme People's Procuracy

1. The Minister, Head of Equivalent Ministry, Head of Government Agency, President of the Supreme People's Court, and Prosecutor General shall be responsible for organizing and implementing statistical work in accordance with this Law.

2. The Government shall specify the tasks, powers, and organization of statistics for ministries, equivalent ministries, and government agencies.

3. The President of the Supreme People's Court and the Prosecutor General, within their respective authorities, shall specify the tasks, powers, and organization of statistics for the court and procuracy systems.

Article 31. Statistics for Communes, Wards, and Towns

The People's Committee of communes, wards, and towns shall be responsible for organizing and implementing statistical work to meet management requirements at the commune, ward, and town levels; conducting national statistical surveys and reporting systems.

Article 32. Statistics for Enterprises, Administrative Agencies, and Public Service Units

Enterprises, administrative agencies, and public service units shall be responsible for organizing and implementing statistical work to meet management requirements of the enterprise, agency, or unit; submitting financial reports to the centralized statistical organization system; conducting national statistical surveys and reporting systems.

Article 33. Persons Engaged in Statistical Work

1. Persons engaged in statistical work include those working in the state statistical organization system, those working in commune, ward, and town statistics, those working in enterprise, administrative agency, and public service unit statistics, and those recruited to conduct statistical surveys.

2. Persons engaged in statistical work must meet the following criteria:

a) Possess professional ethics, honesty, objectivity, and a sense of compliance with the law;

b) Have specialized knowledge and skills in statistics.

3. Persons engaged in statistical work shall be independent in their professional and vocational statistical work.

4. Persons engaged in statistical work shall be responsible for complying with legal regulations on statistics, performing assigned tasks, and being accountable for them.

Chapter 6:

STATE MANAGEMENT OF STATISTICS

Chapter I: CONTENTS AND STATE MANAGEMENT AGENCIES FOR STATISTICS

Article 34. Contents of State Management of Statistics

The contents of state management of statistics include:

1. Developing and directing the implementation of strategies, plans, and programs for statistical development, the national statistical indicator system, and the national statistical survey program;

2. Issuing and implementing legal regulatory documents on statistics;

3. Popularizing and educating about laws on statistics;

4. Managing the publication of statistical information;

5. Building statistical organizations, training, and enhancing statistical skills;

6. Organizing scientific research and applying advanced technology to statistical activities;

7. International cooperation in statistics;

8. Inspecting and supervising compliance with laws on statistics, and handling violations of these laws;

9. Resolving complaints and denunciations related to statistics in accordance with the law.

Article 35. State Management Authority for Statistics

1. The Government shall uniformly manage state affairs concerning statistics.

2. The central statistical agency shall assist the Government in performing tasks and exercising powers within the scope of state management over statistics as prescribed by the Government.

3. Ministries and ministerial-level agencies within their respective functions and powers shall be responsible for managing state affairs concerning statistics in their sectors and fields of responsibility.

4. Provincial People's Committees and municipal People's Committees under the Central Government within their respective functions and powers shall be responsible for managing state affairs concerning statistics at the local level.

Chapter II: STATISTICAL INSPECTION

Article 36. Statistical Inspection

1. Statistical inspection is specialized inspection concerning statistics. Statistical inspection has the duty to inspect compliance with laws on statistics; detect, prevent, and handle violations of laws on statistics within its authority or recommend competent authorities to handle such violations; propose measures to ensure enforcement of laws on statistics.

2. The organization and operation of statistical inspection shall be prescribed by the Government.

Article 37. Rights and Responsibilities of Statistical Inspectors

When conducting inspections, the inspection team or inspector shall have the following rights and responsibilities:

1. Present the inspection decision and the inspector's identification card;

2. Request the inspected entity and related parties to provide documents, evidence, and answer questions related to the inspection content;

3. Record the inspection minutes and propose measures to address any violations;

4. Apply preventive measures and handle violations according to the provisions of the law;

5. Conduct inspections strictly in accordance with procedures and regulations, without causing undue inconvenience, harassment, or hindrance to production, business activities, and normal operations of the inspected entity;

6. Report the inspection results and proposed solutions to the competent authority;

7. Adhere to the law and bear legal responsibility for the inspection conclusions and handling measures decided by themselves;

8. Maintain confidentiality of inspection documents in accordance with the provisions of the law.

Article 38. Rights and Obligations of Inspected Entities in Statistical Inspections

The inspected entities shall have the following rights and obligations:

1. Request the inspection team and inspectors to present the inspection decision and the inspector's identification card and comply with the legal provisions on inspection;

2. Create conditions for the inspection team and inspectors to perform their duties;

3. Provide documents, evidence, and answer questions related to the inspection content as requested by the inspection team and inspectors;

4. Comply with decisions on handling violations made by the inspection team and inspectors in accordance with the law;

5. Lodge complaints, denunciations, or lawsuits with competent state authorities regarding the inspection decision, actions of inspectors, and conclusions and decisions of statistical inspections that they believe to be inconsistent with the law;

6. Demand compensation for damages caused by improper handling measures taken by the inspection team or inspectors.

Chapter 7:

REWARD AND VIOLATION HANDLING

Article 39. Awards

Organizations and individuals who achieve outstanding results in statistical work shall be awarded in accordance with the provisions of the law.n có thành tích trong công tác thống kê thì được khen thưởng theo quy định của pháp luật. ||| N ||| If n excels in statistical work, it shall be rewarded in accordance with the provisions of the law.

Article 40. Handling Violations

Organizations and individuals who violate laws on statistics shall be subject to disciplinary action, administrative penalties, or criminal liability depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law.

Chapter 8:

IMPLEMENTING PROVISIONS

Article 41. Effective Date

1. This Law shall take effect from January 1, 2004.

2. The Accounting and Statistics Ordinance dated May 10, 1988 shall cease to be effective from the date this Law takes effect.

Article 42. Detailed regulations and guidance on implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall provide detailed regulations and guidance on the implementation of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, third meeting, on June 17, 2003.