Decree No. 40/2004/NĐ-CP detailing and guiding the implementation of certain provisions of the Statistics Law

DECREE

Regulations detailing and guiding the implementation of certain provisions of the Statistics Law

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Statistics dated June 26, 2003;
At the proposal of the General Statistics Office Director,

DECREE

Article 1. Scope of application

This Decree stipulates detailed regulations and provides guidance on implementing certain provisions of the Statistics Law concerning subjects providing statistical information, the system of statistical indicators, classification tables, reporting systems, statistical surveys, publication and utilization of statistical information, application of science and technology to statistical activities, organization of statistics.

Article 2. Subjects providing statistical information

1. Subjects providing statistical information include:

a) State agencies at all levels;

b) Public service units;

c) Political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, professional organizations;

d) Units under the People's Armed Forces;

đ) Enterprises of all economic sectors and units subordinate to enterprises (branches, representative offices, dependent units);

e) Cooperatives;

g) Business cooperatives, households, or individual business establishments;

h) Households and individuals;

i) Other organizations of Vietnam within the country, abroad;

k) Foreign organizations and individuals operating in Vietnam, except for agencies, organizations, and individuals enjoying diplomatic and consular privileges and immunities according to international treaties to which Vietnam is a party.

2. Subjects providing statistical information shall fulfill the statistical reporting system; answer questions in the survey questionnaire from the person conducting the statistical survey (hereinafter referred to as the statistical surveyor) or record and submit the survey questionnaire to the agency conducting the statistical survey.

Article 3. Application of science and technology to statistical activities

The application of science and technology to statistical activities is prioritized by the State for investment to:

1. Apply information technology and communication technology to statistical data collection, processing, compilation, publication, and construction of statistical databases.

2. Research and apply advanced statistical science, technology, and methods to statistical surveys, reporting, compilation, analysis, and publication of statistical information.

3. Train and enhance statistical officers' skills in applying information technology and advanced statistical methods.

Article 4. Statistical Information

Statistical information is collected directly by the centralized statistical organization system and compiled from statistical information reported by Ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, and the Supreme People's Procuracy as prescribed in Article 7 of the Statistics Law, including:

1. Statistical information collected directly by the centralized statistical organization system at the district, provincial level, and the General Statistics Office.

2. Statistical information compiled from the comprehensive statistical reporting system issued by the Prime Minister applicable to Ministries, ministerial-level agencies, and government-affiliated agencies.

3. Statistical information provided by the Supreme People's Court and the Supreme People's Procuracy to the General Statistics Office for compilation to serve overall state management.

Article 5. National Statistical Indicator System

1. The national statistical indicator system is a set of statistical indicators reflecting the main situation of the economy and society of the country to collect statistical information, serving agencies, Party and State leaders at all levels in assessing, forecasting the situation, formulating strategies, policies, developing socio-economic plans for each period, and meeting the needs of statistical information of other organizations and individuals.

2. The national statistical indicator system serves as the basis for division of labor and coordination in collecting, compiling, analyzing, and publishing statistical information, developing the national statistical survey program, establishing comprehensive statistical reporting systems, and basic statistical reporting systems.

3. The national statistical indicator system is promulgated, including a list of indicators, major classifications, reporting periods, and assignments.

4. The General Statistics Office takes the lead, coordinating with Ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, and the Supreme People's Procuracy (hereinafter collectively referred to as Ministries and sectors) in building the national statistical indicator system, submitting it to the Prime Minister for issuance.

Article 6. Authority to issue statistical classification tables

1. The General Statistics Office leads, coordinating with Ministries and sectors in drafting and submitting to the Prime Minister for issuance the following statistical classification tables:

a) Table of the national economic industry system;

b) Table of administrative unit directory;

c) Table of ethnic group directory;

d) Table of major product directory;

đ) Table of occupation directory;

e) Table of education and training directory;

g) Other statistical classification tables applicable across multiple industries and fields.

2. Ministers and heads of ministerial-level agencies issue specialized statistical classification tables within their respective industries and fields.

Article 7. Statistical Survey Investigation

1\. National census statistical surveys are conducted to collect basic statistical information nationwide over long cycles, large scales, wide scopes involving many sectors and levels, utilizing significant manpower and financial resources.

2\. Statistical surveys are carried out to collect statistical information from organizations, households, and individuals under the following circumstances:

a\. To collect statistical information from organizations not required to implement reporting systems.

b\. To supplement statistical information from organizations implementing reporting systems.

c\. To collect statistical information from individual households or small businesses, households, and individuals.

d\. To collect statistical information when there is an urgent need.

Article 8. National Statistical Survey Program

1\. The national statistical survey program includes: List of surveys, periods, survey times, leading agencies, cooperating agencies, budget estimates, and funding sources for surveys.

2\. The General Statistics Office is responsible for compiling the demand for statistical surveys to be conducted over five years and annually by Ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, the Supreme People's Procuracy, and surveys directly implemented by the General Statistics Office according to Article 11 of the Statistics Law, based on which it develops the national statistical survey program to be submitted to the Prime Minister for approval, ensuring that the surveys meet the requirements for information collection by the State.

The demand for statistical surveys by Ministries and sectors must be sent to the General Statistics Office in the second quarter of the year preceding the economic and social development plan period.

3\. The General Statistics Office is responsible for monitoring and inspecting the implementation of the national statistical survey program and reporting to the Prime Minister on the results of its implementation.

Article 9. Statistical Surveys Outside the National Statistical Survey Program

Statistical surveys outside the national statistical survey program are conducted under the following circumstances:

1\. Emergency statistical surveys during natural disasters, enemy attacks, epidemics, or other emergencies.

2\. Statistical surveys to collect information on indicators serving management needs of Ministries and sectors within their areas of responsibility but not included in the national statistical indicator system.

3\. Statistical surveys by provincial and centrally-administered city People's Committees to collect special-purpose statistical information serving local management needs that are not included in the national statistical indicator system.

Article 10. Authority to Decide on Statistical Surveys

1\. The Prime Minister decides on national population and housing censuses, rural, agricultural, and aquaculture censuses, economic, administrative, and public service institution censuses, and other national censuses upon the proposal of the General Statistics Office Director.

The General Statistics Office is responsible for leading and coordinating with Ministries, sectors, provincial, and centrally-administered city People's Committees to implement national statistical censuses.

2\. The General Statistics Office Director decides on statistical surveys assigned in the national statistical survey program and those outside the program as stipulated in Article 9 of this Decree to collect information within the national statistical indicator system.

3\. Ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies decide on statistical surveys assigned in the national statistical survey program and those outside the program as stipulated in Articles 8 and 9 of this Decree; they send the survey results to the General Statistics Office.

4\. Chairpersons of provincial and centrally-administered city People's Committees within their scope of duties and authority decide on statistical surveys as stipulated in Article 9 of this Decree; they send the survey results to the General Statistics Office.

Article 11. Review of Statistical Survey Plans

1\. The General Statistics Office is responsible for reviewing statistical survey plans of Ministries, sectors, and provincial and centrally-administered city People's Committees according to Article 13 of the Statistics Law, ensuring consistency and non-redundancy in statistical surveys.

2\. The review file includes: request for review and draft survey plan.

3\. The review content includes: scope, subjects, units of investigation; survey forms; survey time points and duration; survey methods, calculation, and consolidation methods for survey indicators.

4\. The review period for statistical survey plans is fifteen days from the date of receipt of the review request file.

The agency deciding on statistical surveys studies the review opinions; modifies and supplements the survey plan appropriately regarding professional and statistical practices before promulgation. The decision on the survey and the survey plan after promulgation must be sent to the General Statistics Office.

Article 12. Funding for Statistical Surveys

1\. Funding for conducting statistical surveys is guaranteed by the state budget and allocated in the budget estimates of relevant agencies according to the State Budget Law (including funds from international organizations' programs and projects) based on the scale and nature of each survey.

2\. Funding for statistical surveys outside the national statistical survey program is guaranteed by the Ministry of Finance, in coordination with the General Statistics Office and related Ministries and sectors, to submit to the Prime Minister for approval according to current regulations.

3\. Funding for statistical surveys decided by provincial and centrally-administered city People's Committees is guaranteed by the local budget.

4\. Funding guarantees for statistical surveys must be prepared and submitted to the finance agency for examination and approval by the competent authority.

5. Financial authorities at all levels shall base their budget estimates for investigation expenses conducted pursuant to Article 8, Article 9 of the Decree and Clause 1, Clause 2, Clause 3 of this Article to ensure funding for investigations, guide the management, use, and settlement of investigation statistics expenses in accordance with the State Budget Law.

Article 13. Rights and obligations of organizations and individuals subject to statistical surveys

1. Shall not refuse or obstruct the implementation of state statistical surveys.

2. Provide truthful, complete, and timely statistical information as required by the surveyor.

In cases of indirect surveys, organizations and individuals subject to statistical surveys must truthfully record and fully comply with the requirements of the survey form and submit within the deadline to the agency conducting the statistical survey.

3. Be informed of the decision, purpose, requirements, and deadlines of the statistical survey.

4. Be guaranteed the confidentiality of the provided information in accordance with the law.

5. Lodge complaints or denunciations against violations of the law on statistical surveys.

Article 14. Subjects implementing basic statistical reporting systems

The subjects implementing basic statistical reporting systems are independent state-owned enterprises, administrative agencies, public institutions, political organizations, political-social organizations, social-professional organizations, social organizations, and foreign-invested enterprises using state budgets, and other agencies and units specified in each basic statistical reporting system.

The subjects implementing basic statistical reporting systems have the responsibility to submit basic statistical reports to the Provincial/City Statistics Bureau under the central government, the competent authority, and other agencies specified in the basic statistical reporting system.

Article 15. Construction and issuance of basic statistical reporting systems

1. The construction of basic statistical reporting systems must be based on the national statistical index system assigned and meet the following requirements:

a) No overlap in content or reporting periods among different reporting systems;

b) Meet the requirements of comprehensive statistical reporting systems and sectoral management needs;

c) Ensure feasibility.

2. The General Statistics Office constructs and submits to the Prime Minister for issuance the basic statistical reporting system to collect statistical information for national statistical indices assigned to it.

3. Ministers and heads of ministerial-level agencies issue basic statistical reporting systems to collect statistical information for national statistical indices assigned to them and statistical indices within their sectors and fields of responsibility, excluding those mentioned in Clause 2 of this Article.

4. Agencies under the Government construct and submit to the competent authority for issuance the basic statistical reporting system to collect statistical information for national statistical indices assigned to them and statistical indices within their sectors and fields of responsibility, excluding those mentioned in Clause 2 of this Article.

Article 16. Construction and issuance of comprehensive statistical reporting systems

1. The construction of comprehensive statistical reporting systems must be based on the national statistical index system and meet the following requirements:

a) Meet the needs of economic and social management by the Government, ministries, and localities;

b) No overlap in content or reporting periods among reporting systems issued by the Prime Minister and ministries and agencies;

c) Ensure feasibility.

2. The General Statistics Office constructs and submits to the Prime Minister for issuance the comprehensive statistical reporting system applicable to ministries, ministerial-level agencies, and agencies under the Government.

3. Ministers and heads of ministerial-level agencies issue comprehensive statistical reporting systems applicable to specialized agencies under provincial/municipal People's Committees, counties, districts, towns, and cities directly under provinces regarding statistical indices within their sectors and fields of responsibility.

4. The Minister of Defense and the Minister of Public Security issue statistical reporting systems specifically applicable to people's armed forces units to serve direct security and defense purposes.

5. Agencies under the Government construct and submit to the competent authority for issuance the comprehensive statistical reporting system applicable to specialized agencies under provincial/municipal People's Committees, counties, districts, towns, and cities directly under provinces regarding statistical indices within their sectors and fields of responsibility.

6. Agencies implementing comprehensive statistical reporting systems have the responsibility to submit comprehensive statistical reports to the centralized statistical organization at the same level for data consolidation to meet the general management requirements of the State.

Article 17. Review of statistical reporting systems

1. The General Statistics Office has the responsibility to review professionally and technically the basic statistical reporting systems and comprehensive statistical reporting systems within the authority to issue by ministries, ministerial-level agencies, the Supreme People's Court, and the Supreme People's Procuracy in accordance with Article 21 of the Statistics Law.

2. The review file includes: the request for review, draft reporting system, report forms, explanatory notes, and implementation guidelines.

3. The review content includes: the application subjects of the reporting system, scope of data collection and consolidation, report forms, data sources, methods of calculating statistical indices, reporting deadlines, recipients of reports, and requirements for constructing the reporting system as stipulated in Clause 1 of Article 15 and Clause 1 of Article 16 of this Decree.

4. The review period is fifteen days from the date of receipt of the request for review.

5. The issuing agencies of basic statistical reporting systems and comprehensive statistical reporting systems shall study the review opinions, modify, and supplement the reporting system appropriately before issuance. Decisions on issuing the reporting system, report forms, explanatory notes, and implementation guidelines must be sent to the General Statistics Office after issuance.

Article 18. Rights to exploit and use statistical database

1. The initial statistical database is a collection of information recorded on accounting documents, summary books, customs declarations, household registers, residence records, income and expenditure records, tax registration declarations, statistical survey forms, financial reports, and other statistical information that are entered and stored in electronic data carriers and computer networks.

2. Centralized statistical organization agencies have the right to access, exploit, use, back up, and record the initial databases related to the national statistical index system of agencies implementing the comprehensive reporting statistical regime at the same level for statistical purposes.

Centralized statistical organization agencies are responsible for keeping confidential statistical information extracted from the databases of agencies implementing the comprehensive reporting statistical regime.

3. Agencies implementing the comprehensive reporting statistical regime are responsible for providing the initial statistical databases and technical conditions for centralized statistical organization agencies to exploit the databases.

4. Agencies implementing the comprehensive reporting statistical regime are provided with aggregated statistical information (statistical reports, statistical yearbooks, electronic products, hyper-text web pages on computer networks...) by centralized statistical organization agencies and have the right to access and exploit the aggregated statistical databases relevant to their sectors and fields of responsibility for statistical and management purposes.

5. The General Statistics Office shall coordinate with Ministries and sectors regarding the regulations for exploiting the statistical databases mentioned in Clauses 2, 3, and 4 of this Article, in accordance with the situation of the databases and the progress of information technology.

Article 19. Publication of Statistical Information

1. Statistical information implemented by state statistical organizations must be publicly disclosed within the prescribed deadlines for each content and for each type of recipient, except for statistical information linked to the specific names and addresses of organizations and individuals without their consent and statistical information listed in the State Secrets Directory.

2. Authority to publish statistical information

a) The Director of the General Statistics Office publishes statistical information belonging to the national statistical index system.

b) Ministers, Heads of Ministries equivalent to Ministries, and agencies under the Government publish statistical information within their sectors and fields of responsibility outside the national statistical index system. National statistical indices assigned to Ministries and sectors for collection and aggregation must be sent to the General Statistics Office for review and publication.

c) Chairpersons of People's Committees of provinces and centrally governed cities publish statistical information as stipulated in Clause 4, Article 10 of this Decree.

d) Authorities responsible for publishing statistical information are accountable for the reliability of the published statistical information. No organization or individual may alter or compel others to publish false statistical information.

3. Statistical information published by authorities as stipulated in Clause 2 of this Article has legal validity. No organization or individual may modify or compel others to publish false statistical information.

4. The deadlines for publishing statistical information are as follows:

a) Annual statistical yearbooks must be published no later than June of the following year;

b) Aggregated monthly and quarterly economic and social statistical information must be published according to the prescribed deadlines for each type of report;

c) Survey statistical results must be published according to the deadlines specified in the survey statistical plan.

5. Statistical information is published through the following forms and means: statistical yearbooks, press conferences, statistical products in written and electronic formats on computer networks, and mass media.

Article 20. Use of Statistical Information

1. Statistical information published by authorities as stipulated in Article 19 of this Decree is public property. All organizations and individuals are equal in accessing and using published statistical information.

2. When citing or using statistical information published by authorized state agencies, it must be done truthfully and the source of the information must be clearly stated. It is strictly prohibited to use statistical information for actions detrimental to national interests and the interests of organizations and individuals providing the information.

Article 21. Statistical Organizations of Ministries, Ministries Equivalent to Ministries, and Agencies Under the Government

1. Statistical organizations of Ministries and sectors are responsible for assisting Ministers and sectoral Heads in performing the following tasks:

a) Organizing statistical activities to serve management requirements of Ministries and sectors;

b) Directing and guiding statistical work of Ministries and specialized agencies of provincial and district People's Committees within their areas of responsibility;

c) Implementing surveys, basic reporting statistical systems, and comprehensive reporting statistical systems of the State.

2. Ministries, Ministries equivalent to Ministries, and agencies under the Government must have statistical offices to perform statistical tasks of Ministries and sectors; for Ministries, Ministries equivalent to Ministries, and agencies under the Government with large volumes of statistical work, the Prime Minister decides to establish Statistical Centers.

3. Statistical organizations of Ministries and sectors are directly managed and directed by Ministries and sectors and are guided, directed, inspected, and audited in terms of professional expertise by the General Statistics Office.

Article 22. Statistical Work in Communes, Wards, and Towns

1. People's Committees of communes, wards, and towns are responsible for organizing statistical work and assigning personnel with appropriate qualifications to perform statistical work according to current regulations on commune, ward, and town cadres and civil servants.

2. Statistical work in communes, wards, and towns is directly managed and directed by People's Committees of communes, wards, and towns and is professionally guided by District Statistical Offices.

3. Cadres and civil servants in communes, wards, and towns engaged in statistical work are responsible for assisting People's Committees of communes, wards, and towns:

a) To organize the implementation of statistical work to serve management requirements of communes, wards, and towns;

b) To implement surveys and State reporting statistical systems.

4. Officials and civil servants engaged in statistical work at commune, ward, and town levels shall be arranged within the scope of the number of officials and civil servants at commune and ward levels as prescribed and shall enjoy benefits and rights according to the current regulations for specialized positions at commune, ward, and town levels.

Article 23. Statistical work for enterprises, administrative agencies, and public institutions

1. Enterprises, administrative agencies (excluding Ministries, ministerial-level agencies, and government-affiliated agencies), public institutions, and units under armed forces shall organize statistical work or arrange officials to perform statistical tasks.

2. Statistical work for enterprises, administrative agencies, and public institutions shall be directly managed and directed by the head of the unit and shall be responsible for assisting the head of the unit:

a) To implement statistical work to serve management requirements of enterprises, agencies, and units.

b) To implement surveys and State reporting statistical systems.

3. Submit financial reports and statistical reports to the Provincial or Central City Statistics Bureau where the unit's headquarters is located.

Article 24. Statistical surveys conducted by organizations and individuals outside the national statistical system

1. Organizations and individuals outside the national statistical system may conduct statistical surveys to serve scientific research and business operations within their functional and operational areas; if conducting surveys outside these areas, they must obtain the consent of the relevant state management agency.

2. The statistical surveys prescribed in Clause 1 of this Article shall be carried out on a voluntary basis by the surveyed organizations and individuals regarding the survey content and timing.

3. The results of the statistical surveys mentioned in Clause 1 of this Article do not have the value to replace statistical information that has been published as stipulated in Article 25 of the Statistics Law and Article 19 of this Decree.

4. Organizations outside the national statistical system but using state budget funds for statistical surveys shall submit the survey results to the General Statistics Office.

5. Strictly prohibit organizations and individuals outside the national statistical system from conducting statistical surveys that harm national interests and the legitimate rights of organizations and citizens.

Article 25. Inspection, audit, and handling of violations of statistical laws

Activities of inspection, audit, and handling of violations of statistical laws shall be implemented in accordance with current regulations.

Article 26. Implementation Provisions

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Director of the General Statistics Office, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.