Decree No. 94/2016/ND-CP detailing and guiding the implementation of certain provisions of the Statistics Law.

DECREE

Detailed regulations and guidance on implementing certain provisions of the Statistics Law

Pursuant to the Government Organization Law dated June 19, 2015;

Pursuant to the Statistics Law dated November 23, 2015;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree providing detailed regulations and guidance on implementing certain provisions of the Statistics Law.

Article 1. Scope of Regulation

This Decree provides detailed regulations on disseminating national statistical information and guides the implementation of certain provisions of the Statistics Law including: the system of statistical indicators for ministries and sectors; provision and use of administrative data for state statistical activities; inspection of the use of statistical data and information; professional standards for personnel engaged in state statistical activities.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals providing information, conducting statistical activities, and using national statistical information.

Article 3. Dissemination of National Statistical Information

1. Dissemination of national statistical information is the act of announcing, issuing, and transmitting national statistical information through various means to agencies, organizations, and individuals who use such information.

2. National statistical information includes statistical data and analyses of statistical data.

The analysis of statistical data includes:

a) Monthly economic and social reports; quarterly reports for the first six months, nine months, and annually;

b) Reports on survey results and comprehensive censuses;

c) Special topic analysis reports;

d) Reports evaluating the implementation of five-year strategies and annual plans.

Article 4. Schedule for Dissemination of National Statistical Information

1. The statistical information in the schedule for dissemination of national statistical information is information that has been published according to Article 48 of the Statistics Law.

2. The schedule for dissemination of national statistical information includes the following basic information: Name, main dissemination time of the statistical information; Time and form, unit responsible for dissemination.

3. Before December 15 each year, the agency responsible for publishing national statistical information must publicly announce the schedule for dissemination of national statistical information for the following year on its website.

Article 5. Responsibilities of the Central Statistical Agency in Dissemination of National Statistical Information

1. Disseminate statistical information within its authority to publish as prescribed by the Statistics Law, including:

a) Indicators in the national statistical indicator system;

b) Results of comprehensive censuses as stipulated in Points a, b, and c Clause 1 Article 29 of the Statistics Law;

c) Results of surveys within the national statistical survey program assigned to implement;

d) Results of surveys outside the national statistical survey program decided by the Minister of Planning and Investment as stipulated in Point a Clause 2 Article 30 of the Statistics Law;
đ) National Statistical Yearbook;

e) Disseminate certain statistical information at specific times as prescribed in the Appendix attached to this Decree.

2. Widely disseminate national statistical information that has been published by other state agencies as prescribed by the Statistics Law and this Decree.

3. Issue and implement schedules for dissemination of national statistical information for the statistical information specified in Clause 1 of this Article.

Article 6. Responsibilities of provincial statistical agencies in disseminating state statistical information

1. Disseminate statistical information within their authority to publish as prescribed by the Statistics Law, including provincial, district, and commune-level statistical indicator systems.

2. Widely disseminate national statistical information that has been published by other state agencies as prescribed by the Statistics Law and this Decree.

3. Issue and implement schedules for disseminating national statistical information as stipulated in Clause 1 of this Article.

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

1. Disseminate statistical information within their authority to publish as prescribed by the Statistics Law, including:

a) Statistical indicators within the ministry or sector's statistical indicator system;
b) Results of the national census as specified in Point d, Clause 1, Article 29 of the Statistics Law;
b) Results of comprehensive censuses as stipulated in Points a, b, and c Clause 1 Article 29 of the Statistics Law;
d) Results of statistical surveys outside the national survey program as specified in Point a, Clause 2, Article 30 of the Statistics Law;
d) Sectoral and field statistical yearbooks;
e) Other sectoral and field statistical information assigned responsibility for dissemination.

2. Widely disseminate national statistical information that has been published by other state agencies as prescribed by the Statistics Law and this Decree.

3. Issue and implement schedules for disseminating national statistical information as stipulated in Clause 1 of this Article.

4. Issue regulations on disseminating state statistical information applicable uniformly within the ministry, sector, or field under their jurisdiction.

Article 8. Responsibilities of provincial People's Committees and municipal People's Committees directly under the central government in disseminating state statistical information

1. Disseminate statistical information within their authority to publish as prescribed by the Statistics Law, including results of surveys decided by the Chairman of the provincial People's Committee as specified in Point b, Clause 2, Article 30 of the Statistics Law.

2. Widely disseminate national statistical information that has been published by authorized state agencies as prescribed by the Statistics Law and this Decree.

3. Issue regulations on disseminating state statistical information applicable uniformly within agencies and units under their management.

Article 9. Responsibilities of agencies and organizations with functions to disseminate state statistical information in disseminating state statistical information

Agencies and organizations with functions to disseminate state statistical information shall widely disseminate statistical information that has been published as prescribed by the Statistics Law and this Decree.

Article 10. Sectoral and departmental statistical indicator systems

1. The construction and implementation of sectoral and departmental statistical indicator systems shall be carried out as follows:

a) Ministers and heads of ministerial-level agencies shall construct and issue sectoral and departmental statistical indicator systems within their sectors and fields of responsibility; provide guidance, monitor the situation, and report on the implementation of sectoral and departmental statistical indicator systems within their sectors and fields of responsibility;

b) The Prime Minister shall assign tasks for constructing and implementing sectoral and departmental statistical indicator systems involving multiple sectors and fields, regional linkages, comprising comprehensive, multi-sector, multi-field statistical indicators serving the assessment and monitoring of the implementation of specialized laws, strategies, policies, programs, and national goals.

2. Sectoral and departmental statistical indicator systems involving multiple sectors and fields, regional linkages include:

a) A set of statistical indicators for Vietnam's sustainable development goals;

b) A set of statistical indicators for national gender development;

c) A set of statistical indicators for new rural development;

d) A set of statistical indicators for human resource development in Vietnam;

đ) A set of statistical indicators for Vietnamese youth;

e) Other sectoral and departmental statistical indicator systems involving multiple sectors and fields, regional linkages as prescribed by the Prime Minister and constructed and issued in accordance with this Decree.

3. Procedures for constructing and issuing sectoral and departmental statistical indicator systems involving multiple sectors and fields, regional linkages:

a) Ministries or ministerial-level agencies responsible for managing state affairs in a particular field or tasked with leading, coordinating the implementation of national strategies, policies, programs, and goals or enforcing specialized laws shall submit to the Prime Minister for decision on assigning the task of constructing sectoral and departmental statistical indicator systems involving multiple sectors and fields, regional linkages;

b) Ministries or ministerial-level agencies assigned by the Prime Minister to lead and coordinate with relevant ministries and departments in constructing sectoral and departmental statistical indicator systems involving multiple sectors and fields, regional linkages shall be responsible for submitting these systems to the central statistical agency for review in accordance with Article 20 of the Statistics Law before issuance.

Article 11. Supplying and using administrative data for state statistical activities.

1. Using administrative data for state statistical activities refers to the method of collecting statistical data and information about enterprises; households, individuals, agencies, and specific organizations from administrative data. Agencies within the state statistical organization system receive, manage, use, update, store, and secure data from national databases, ministry and sector databases, and local databases for state statistical activities.

2. State agencies managing administrative data bases as stipulated in Clause 3, Article 36 of the Statistics Law shall be responsible for providing data and information in their databases to the central statistical agency for use in state statistical activities.

3. Procedures for implementing the supply, receipt, and use of administrative data for state statistical activities:

a) Surveying and assessing the usability and suitability of data from administrative databases for the purpose of state statistical activities; infrastructure conditions for information technology to provide and receive data from administrative databases;

b) Drafting regulations on the use of data from administrative databases for state statistical activities between the database management agency and the central statistical agency;

c) Preparing necessary conditions regarding human resources and materials for the provision, receipt, management, use, storage, and presentation of data from administrative databases;

d) Implementing the provision, receipt, management, use, storage, and security of data from administrative databases according to the contents of the signed agreement between the database management agency and the central statistical agency;

đ) Regularly updating data from administrative databases.

4. Regulations on the use of data from administrative databases for state statistical activities between the database management agency and the central statistical agency.

a) Format of the document: Memorandum of Cooperation.

b) Contents of the document include:

List of data fields consistent with the purposes of state statistical activities;

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

Methods, frequency, and time for providing and updating data;

Conditions ensuring the provision and receipt of data, including: Characteristics and technical standards of three layers of information technology and traditional transmission at the data source, human resources, and finance;

Provisions on the use and security of provided data and information.

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

1. Scope of inspection: Inspection of the use of statistical data and information of national statistical expenditures, provincial, district, commune-level statistical indicators that have been announced by competent authorities.

2. Content of inspection: Checking the accuracy and appropriateness of statistical data and information used compared to published statistical data and information; citation of sources when using published state statistical data and information.

3. Inspection cycle: Periodic or ad hoc.

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

5. Authority to decide on inspection: Head of the central statistical agency.

6. Inspection procedures:

a) Building and approving the inspection plan;

b) Notifying the inspection plan;

c) Collecting information and documents related to the inspection content.

d) Conducting actual inspections;

đ) Preparing inspection records;

e) Inspection Result Report;

7. Handling violations: In cases where violations are discovered in the use of published statistical data and information, the central statistical agency will handle them according to the Government Decree on administrative penalties in the field of statistics or recommend competent authorities to handle violations of law.

8. Agencies, organizations, and individuals using state statistical data and information shall cooperate with the central statistical agency in the inspection activities of the use of state statistical data and information.

9. The Minister of Planning and Investment shall specify detailed procedures for inspecting the use of state statistical data and information.

Article 13. Professional standards for personnel engaged in state statistical activities

1. The educational qualifications of personnel engaged in state statistical activities shall comply with the current legal provisions.

2. Annually, the central statistical agency shall be responsible for assisting the Minister of Planning and Investment in training and enhancing the professional expertise of statistical surveyors, statistical collaborators, and personnel engaged in state statistical activities.

3. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Planning and Investment to issue a circular on job titles, code numbers, and professional standards for civil servant ranks in the statistics sector, replacing Decision No. 03/2008/QĐ-BNV dated November 12, 2008 issued by the Minister of Home Affairs on job titles, code numbers, and professional standards for civil servant ranks in the statistics sector.

Article 14. Effective Date

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

2. The following documents shall cease to be effective from the date this Decree takes effect:

a) Decree No. 40/2004/ND-CP dated February 13, 2004 of the Government detailing and guiding the implementation of certain articles of the Statistics Law;

b) Decision No. 34/2013/QĐ-TTg dated June 4, 2013 of the Prime Minister promulgating the National Statistical Information Dissemination Policy.

Article 15. Implementation Provisions

The Minister of Planning and Investment, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central city, relevant agencies and organizations shall be responsible for implementing this Decree./.