The Organization and Functioning of NSS

KINGDOM OF CAMBODIA

NATION RELIGION KING

4

SUB-DECREE

ON

THE ORGANIZATION AND FUNCTIONING OF

THE NATIONAL STATISTICAL SYSTEM

² ² ² ² ² ²

THE ROYAL GOVERNMENT OF CAMBODIA

 

-    Has seen the Constitution of the Kingdom of Cambodia

-    Has seen the Royal Decree No. NS/RKT/0704/124, dated 15 July 2004 on the Appointment of the Royal Government of Cambodia

-    Has seen the Royal Code No. 02/NS/94, dated 20 July 1994 promulgating the Law on the Organization and Functioning of the
     Council of Ministers

-    Has seen the Royal Code No. NS/RKM/0196/11, dated 24 January 1996 promulgating the Law on the Establishment of the Ministry 
     of Planning

-    Has seen the Royal Code No. NS/RKM/0505/015, dated 09 May 2005 promulgating the Statistics Law

-    Has seen the Sub-Decree No. 55/ANK-BK, dated 23 September 1997 on the Organization and Functioning of the Ministry of Planning

-    Has seen the Sub-Decree No. 64/ANK-BK, dated 15 October 1997 on the Statistics Obligations

-    Pursuant the agreement made during the Council of Ministers meeting on 15 December 2006

 

HEREBY DECIDED

Chapter 1

General Provision

Article 1

This Sub-Decree aimed to govern all organizational matters and the functioning of the national statistical system, statistics obligations and all relevant matters in order to implement the Statistics Law of the Kingdom of Cambodia.

Article 2

The technical terms used in this Sub-Decree shall have the following meaning:

  • Designated official statistics are statistics produced by ministries, institutions that are determined by the Royal Government to serve the statistical information requirements of policy-makers in formulating the evaluation policies and socio-economic programs in responding to the socio-economic development of the country, as well as the information requirements of decision-makers and researchers in the wider national communities and internationalities.
  • Designated statistical officer is an employee of the National Institute of Statistics, ministries, government institutions who is authorized to engage in statistical activities for the purposes of the Statistics Law and this Sub-Decree.
  • Designated statistical unit is a centralized statistical unit within ministries, government institutions that are determined by the Royal Government as being responsible for producing designated official statistics, in accordance with Article 11 and 12 of the Statistics Law.
  • Director General is the Director General of the National Institute of Statistics.
  • Form or questionnaire is an instrument for collecting data that is prepared by the Director General of the National Institute of Statistics and the head of other designated statistical units.
  • National statistics system is integrated the statistical data at national and local level and statistical infrastructure, including official statistical data and national statistical programs, statistical structures and statistical units within ministries and government institutions, in addition to the statistical staff and other infrastructures.
  • Officer is a staff of the National Institute of Statistics and designated statistical unit or a designated statistical officer in accordance with the Statistics Law and this Sub-Decree to assist in the carrying out of the functions of the National Institute of Statistics and other government statistical units.
  • Premise means premises other than a dwelling house or a part of any other premises that is separately occupied or used for the purposes of the residence or living accommodation of a person or persons.
  • Statistical purposes means purposes in connection with the collection, process, compilation, analysis, publication, entering information through electronic system, and dissemination of official statistics.
  • Statistics obligation means the task that respondents shall provide information loyalty, accuracy, adequacy, and timeliness, for all questions of data collection referred to Article 11 and 12 of the Statistics Law.

Chapter 2

Statistical Organization and Functions

Article 3

The National Institute of Statistics is the official statistical policy-making body of the Royal Government in establishing and leading an integrated national statistical system which covers all designated official statistics of ministries, government institutions and the statistical units of provinces, municipalities, districts, khans and statistical staff in communes and sangkats.
The National Institute of Statistics shall have a number of Departments responsible for specific statistical and support activities.
The National Institute of Statistics shall have statistical units in the provinces, municipalities, districts, khans and statistical staff in all communes and sangkats.

Article 4

The national statistical system is established as the official statistical system of the Royal Government.
The national statistical system shall consist of the National Institute of Statistics, other designated statistical units and the staff employed in those statistical units.
Each statistical unit shall be led by a head and a number of vice-heads according to the actuality.

Article 5

The National Institute of Statistical is the official national statistical institution of the Royal Government shall have the responsible tasks as follows:

    a.    Collect, process, compile, analyse, publish, and disseminate official statistics and information in relation to statistical matters.
    b.    Research, compile other methodologies, and develop statistical models and statistical techniques in order to improve the quality of official statistics.
    c.    Ensure coordination of the operations of designated statistical units in the collection, process, compilation, analysis, publication,  dissemination of official statistics
           and information in relation to statistical matters, with regard to:

  • avoidance of duplication in the collection of information for statistical purposes by designated statistical units.
  • attainment of compatibility and integration between official statistics compiled by designated statistical units.
  • affectivity of development, documentation and dissemination of statistical concepts, sources, and methods.
  • implementation of statistical policies including the policies relating to the dissemination of official statistics and the publication of release calendars in advance of the dissemination of official statistics.
  • maximize possible utilization and means of collection and dissemination of available information of designated statistical units

    d.    Formulate policies and statistical standards for carrying out unity of designated statistical units.
    e.    Provide advice and assistance to designated statistical units in relation to official statistics.
    f.     Provide liaison with other countries and international organizations in relation to statistical matters.
 

The National Institute of Statistics shall collaborate with designated statistical units within ministries, government institutions, and governors of provinces, districts, khans, commune, sangkat in the collection, compilation, analysis, publication, and dissemination of statistics, including statistics obtained from the administrative records for the purpose of coordinating statistical activities and ensuring the operation of statistical standards.

Article 6

The designated statistical unit is a centralized statistical unit within ministries or government institutions shall have the responsible tasks as follows:

    a.    Collect, process, compile, analyse, publish, and disseminate official statistics and information in relation to statistical matters.
    b.    Submit the statistics produced and provide related methodological documentation to the National Institute of Statistics in electronic and paper form.
    c.    Cooperation with the National Institute of Statistics in the collection, process, compilation, analysis, publication, and dissemination of official statistics and
           information in relation to statistical matters, with regard to:

  • avoidance of duplication in statistical activities and official statistics.
  • minimization of respondent burden.
  • attainment of compatibility and the integration between official statistics.
  • Compliance with statistical policies and standards that is promulgated by the National Institute of Statistics.

Article 7

The Director General shall be appointed by Royal Decree. The Director General shall perform duties referred to the provisions of the Statistics Law and this Sub-Decree, and shall not engage in any works outside the office’s duties except with the approval of the Minister of Planning.

The Director General shall lead the National Institute of Statistics and the national statistical system.

The Director General shall lead and control the organization and functioning of the National Institute of Statistics and the national statistical system, and shall have other functions, powers and duties, with regard to:

a) Provide advice on statistical matters.
b) Decide on the procedure of collecting, processing, compiling, analyzing, and disseminating data for statistical purposes.
c) Provide information in relation to statistical legislations and policies, official statistics, and other statistical matters.
d) Represent the national statistical system in international forums in relation to statistical matters.

Article 8

The Director General shall appoint an officer by writing in accordance with type and class of work, to be a designated statistical officer for the purposes of the Statistics Law and this Sub-Decree.

A head of designated statistical unit shall consult with the Director General before submitting to Minister or a head of government institution, to appoint an officer by writing in accordance with type and class of work, to be a designated statistical officer for the purposes of the Statistics Law and this Sub-Decree.

Article 9

The Director General shall delegate to an officer by signed instrument, for collecting data or coordinating in data collection as specified in the Statistics Law and this Sub-Decree.

A power of a delegated officer, when implement the Statistics Law and this Sub-Decree be deemed to have been exercised by the Director-General.

Article 10

The Director-General shall prepare an annual report relating to the statistical activities and operations, and the dissemination and use of official statistics of the national statistical system during last year, and submit to the Minister of Planning.

The Minister of Planning shall submit an annual report to the Council of Ministers.

Article 11

The officers of the National Institute of Statistics are included the permanent staff as officers of the National Institute of Statistics, and carrying out the functions as specified in Article 11 and 19 of the Statistics Law.

The Director General may need additional non-permanent staff, during:

    a.    Conducting censuses and surveys.
    b.    Collecting other statistics and information related to statistical matters.
    c.    Providing technical consultation and support.

The contract on terms and conditions of employment of non-permanent staff shall be determined by the Director General.

Article 12

The officers of the designated statistical unit are included the permanent staff as officers of that unit, and carrying out the functions as specified in Article 12 and 19 (a) of the Statistics Law.

The designated statistical unit may need additional non-permanent staff in consultation with the Director General of the National Institute of Statistics, during:

    a.    Conducting surveys.
    b.    Collecting other statistics and information related to statistical matters.
    c.    Providing technical consultation and support.

The contract on terms and conditions of employment of non-permanent staff shall be determined by Ministry or Institution in consultation with the Director General.

Chapter 3

Statistics Advisory Council

Article 13

The Statistics Advisory Council is established in accordance with Article 15 of the Statistics Law shall have the following composition:

1.

Minister of Planning

Chairperson

2.

Secretary of State, Ministry of Planning, in charge of Statistics

Vice Chairperson

3.

Secretary of State, Council of Ministers

Member

4.

Secretary of State, Ministry of interior

Member

5.

Secretary of State, Ministry of Rural Development

Member

6.

Secretary of State, Ministry of Economy & Finance

Member

7.

Secretary of State, Ministry of Commerce

Member

8.

Secretary of State, Ministry of Education, Youth & sports

Member

9.

Secretary of State, Ministry of Agriculture, Forestry & Fisheries

Member

10.

Secretary of State, Ministry of Industry, Mines & Energy

Member

11.

Secretary of State, Ministry of Social Affairs, Veteran & Youth Rehabilitation

Member

12.

Secretary of State, Ministry of Post & Telecommunication

Member

13.

Secretary of State, Ministry of Health

Member

14.

Secretary of State, Ministry of Public & Transport

Member

15.

Secretary of State, Ministry of Tourism

Member

16.

Secretary of State, Ministry of Women’s Affairs

Member

17.

Deputy Governor, National Bank of Cambodia

Member

18.

One representative of academia shall be selected by the Minister of Planning

Member

19.

Director General, National Institute of Statistics

Permanent Secretary

Chairperson of the Council has the right to invite representative of ministries, institutions, expert, donors, non-government organizations, and business communities to contribute opinion in case of necessity.

Article 14

The Statistics Advisory Council shall conduct meeting at least twice a year. The members of the Statistics Advisory Council shall attend the meeting according to the invitation of Chairperson.

Every meeting of the Statistics Advisory Council, a quorum is at least half of all members for conducting the meeting. In case of uncompleted quorum, the second meeting shall be constituted at least by one-third of all members.

Decision of the Statistics Advisory Council meeting shall be approved by a majority of the votes of the members present.

The Minister of Planning who is a Chairperson of the Statistics Advisory Council has the right to approve in case of an equality of votes.

Every meeting of the Statistics Advisory Council shall have a minute.

Article 15

The Statistics Advisory Council has the right to use the seal of the Ministry of Planning. The National Institute of Statistics, Ministry of Planning shall provide the secretariat for the Statistics Advisory Council.

Article 16

The Statistics Advisory Council has function to advise the Minister of Planning, in relation to:

  • Identification of the policy of official statistics.
  • Requirements of official statistics and prioritizing the project of statistical matters that are requested by the National Institute of Statistics and designated statistical units.
  • Improvement, extension and coordination of the national statistical system and designated official statistics for public purposes.
  • Updating the Statistics Law, Sub-Decree, and judicial standard letter in relation with statistical matters.
  • Annual, medium, and long term priorities of statistical work programs of the National Institute of Statistics and designated statistical units involved in producing official statistics.
  • Statistical master plan.
  • Determining the dates of conducting the population, agriculture, and establishment censuses.
  • Any other matters relating generally to the national statistical system and official statistics.
  • Seeking assistance and support, financial and human resources required by the National Institute of Statistics and designated statistics units, in order to conduct census, survey, produce, and disseminate official statistics for public purposes.

 

Chapter 4

Statistics Coordination Committee

Article 17

The Statistics Coordination Committee that referred to Article 16 of the Statistics Law shall have the following composition:

1.

Director General, National Institute of Statistics

Chairperson

2.

Deputy Director General, National Institute of Statistics

Vice Chairperson

3.

Director of General Statistics Department, National Institute of Statistics

Secretary

4.

Head or Vice Head of Statistical Unit, Council of Ministers

Member

5.

Head or Vice Head of Statistical Unit, Ministry of Interior

Member

6.

Head or Vice Head of Statistical Unit, Ministry of National Defense

Member

7.

Head or Vice Head of Statistical Unit, Ministry of Foreign Affairs & International Cooperation

Member

8.

Head or Vice Head of Statistical Unit, Ministry of Rural Development

Member

9.

Head or Vice Head of Statistical Unit, Ministry of Economy & Finance

Member

10.

Head or Vice Head of Statistical Unit, Ministry of National Assembly & Senate Relations & Inspection

Member

11.

Head or Vice Head of Statistical Unit, Ministry of Commerce

Member

12.

Head or Vice Head of Statistical Unit, Ministry of L& Management, Urbanization & Construction

Member

13.

Head or Vice Head of Statistical Unit, Ministry of Environment

Member

14.

Head or Vice Head of Statistical Unit, Ministry of Education, Youth & sports

Member

15.

Head or Vice Head of Statistical Unit, Ministry of Religions & Cults

Member

16.

Head or Vice Head of Statistical Unit, Ministry of Agriculture, Forestry & Fisheries

Member

17.

Head or Vice Head of Statistical Unit, Ministry of Industry, Mines & Energy

Member

18.

Head or Vice Head of Statistical Unit, Ministry of Social Affairs, Veteran & Youth Rehabilitation

Member

19.

Head or Vice Head of Statistical Unit, Ministry of Water Resources & Meteorology

Member

20.

Head or Vice Head of Statistical Unit, Ministry of Information

Member

21.

Head or Vice Head of Statistical Unit, Ministry of Justice

Member

22.

Head or Vice Head of Statistical Unit, Ministry of Post & Telecommunication

Member

23.

Head or Vice Head of Statistical Unit, Ministry of Health

Member

24.

Head or Vice Head of Statistical Unit, Ministry of Public & Transport

Member

25.

Head or Vice Head of Statistical Unit, Ministry of Culture & Fine Arts

Member

26.

Head or Vice Head of Statistical Unit, Ministry of Tourism

Member

27.

Head or Vice Head of Statistical Unit, Ministry of Women’s Affairs

Member

28.

Head or Vice Head of Statistical Unit, Ministry of Labor & Vocational Training

Member

29.

Head or Vice Head of Statistical Unit, Secretariat of Public Service

Member

30.

Head or Vice Head of Statistical Unit, Secretariat of Civil Aviation

Member

31.

Head or Vice Head of Statistical Unit, National Bank of Cambodia

Member

32.

Head or Vice Head of Statistical Unit, Council for the Development of Cambodia

Member

33.

Head or Vice Head of Statistical Unit, Customs & Excise Department

Member

34.

Head or Vice Head of Statistical Unit, Department of Taxation

Member

Article 18

The Statistics Coordination Committee shall conduct meeting at least quarterly. The members of the Statistics Coordination Committee shall attend the meeting according to the invitation of Chairperson.

Every meeting of the Statistics Coordination Committee, a quorum is at least half of all members for conducting the meeting. In case of uncompleted quorum, the second meeting shall not consider the number of members attending.

Decision of the Statistics Coordination Committee meeting shall be approved by a majority of the votes of the members present.

The Director General who is a Chairperson of the Statistics Coordination Committee has the right to approve in case of an equality of votes.

Every meeting of the Statistics Coordination Committee shall have a minute.

Article 19

The Statistics Coordination Committee has the right to use the seal of the National Institute of Statistics, Ministry of Planning.

The Department of General Statistics, National Institute of Statistics is the secretariat for the Statistics Coordination Committee.

Article 20

The Statistics Coordination Committee has functions to assist the National Institute of Statistics, in relation to:

  • Preparation of the statistical policies, procedures, and legislations in relation with the national statistical system and official statistics.
  • Establishment of an integrated national statistical system through effective coordination and cooperation on statistical activities and statistical development between designated statistical units, including the National Institute of Statistics, in order to be responsible for producing and disseminating official statistics.
  • Improvement and extension of the national statistical system and official statistics for public purposes.
  • Prioritizing of annual, medium, and long-term work programs selected, in relation to the major aspects of official statistics which are provided by the National Institute of Statistics and designated statistical units.
  • Preparation and updating of statistics master plan.
  • Planning the conduct of population, agriculture, and establishment censuses.
  • Establishment of a register of businesses or population frame, directory of administrative and statistical data sources in relation to the national statistical system along with effective maintenance and annually updated.
  • Agreements of cooperative and coordination between ministries, institutions, and other government units on data sharing and the timely provision of accurate and reliable official statistics.
  • Establishment of fixed-term or permanent technical working groups for specific statistics or other statistical matters in relation to the national statistical system and official statistics.
  • Promulgation and implementation of statistical classifications and standards in relation to official statistics.
  • Establishment of financial budgets and human resource plans for designated statistics units, including the National Institute of Statistics, in order to conduct census, survey, produce and disseminate official statistics for public purposes.

Article 21

The Statistics Coordination Committee has the right to establish a fixed-term or permanent technical working group to address other specific statistical technique matters that need to study and detailed discussion.

The Statistics Coordination Committee shall determine the terms of reference that specified the tasks, and the report arrangement on the output of each technical working group.

Each technical working group has the following composition:

  • One member of the Statistics Coordination Committee           Chairperson
  • One Director or Deputy Director of Department,
    National Institute of Statistics                                               Vice Chairperson
  • Other members from the relevant ministries or other
    government institutions, including the National Institute
    of Statistics, being not more than 5 in number as
    determining of the Statistics Coordination Committee             Member

 

Chapter 5

Rights and Obligations

Article 22

The National Institute of Statistics, in accordance with the Statistics Law and Sub-Decree in relation to statistical matters, shall collect:

  • Statistical information as is necessary for the purposes of the compilation and analysis of designated official statistics.
  • Additional statistical information as requirements of the Royal Government for the purposes of planning and policy making.
  • Statistical information in relation to the issues, which are noted in writing by the Minister of Planning, for collecting such information.

Designated statistical units, in accordance with the Statistics Law and this Sub-Decree, shall collect the statistical information as is necessary for the purposes of the compilation and analysis of designated official statistics for which their statistical units are responsible.

Article 23

The Director General or the head of designated statistical unit shall compile and analyse the statistical information collected, under authority of the Statistics Law and this Sub-Decree, and shall publish and disseminate the results of any such compilation and analysis, or abstract of those results. These results or abstracts shall not be published or disseminated in a manner that enables the identification of a particular person or any organizations.

Article 24

Every authorized officer executing statistical works, referred to the Statistics Law and relevant Sub-Decree, shall sign a contract in the presence of a witness, in order to ensure:

  • The fidelity;
  • The confidentiality of all individual information obtained from respondents;
  • The information collected is used only for statistical purposes.

Article 25

Under special circumstances, the Minister of Planning may determine in writing to provide a specified class of information, according to the request in writing of the Director General or the head of designated statistics unit.

The determinations of provision, is related to:

  • The persons who request information.
  • Requiring the consent of respondents who have been provided the information.
  • Specifying terms and conditions of using the information provided such as not to disclose the information to any persons.

Information of individual or personal nature relating to a respondent shall not be disclosed in a manner that enables to determine the identification of that person.

Information on the business registration number, name, address, location, types of legal organization, production sector, number of employees or other stratification variable of agricultural and establishment units and other institutions, that is required by the National Institute of Statistics and designated statistical units to construct census and survey frames for the purposes of conducting data collection activities and compiling official national and sub-national statistics, that shall not require consent from the respondents.

Article 26

Statistical officers of the Ministry of Planning or designated statistical officers, in accordance with Article 23 and Article 24 of the Statistics Law, shall present his or her letter of assignment, official identity card and the consent of the owner or resident, may enter a dwelling or place of residence, including a home or any part of other premises that is separately occupied and other places, at reasonable time for the purposes of:

    a.    Providing persons questionnaires or statistical forms to fill up.
    b.    Collecting questionnaires or statistical forms that have been completely filled up.
    c.    Making interviews and other implementations for statistical purposes.

Article 27

    a.    The Director General or the head of designated statistical unit have the rights and obligations, as follows:

  • Preparing questionnaires or statistical forms relating to the collection of statistical information in relation to any specified matters.
  • Making a letter requires persons who have specified skill and responsibility to fill up questionnaires or statistical forms, in accordance with instructions.

    b.    The Director General or the head of designated statistical unit or a designated statistical officer may:

  • Request a person to fill up and supply statistical information in accordance with instructions, in writing or by orally.
  • Having a necessity rule to urge persons filling up the questionnaires or statistical forms correctly and completely in accordance with instructions.

    c.    The Director General or the head of designated statistical unit may make an informed letter attached with questionnaires or statistical  
           forms send to persons by post or give directly by statistical officer’s behalf. Persons who received questionnaires or statistical forms shall 
           responsibly fill up the answers throughout as in instructions and return those completed questionnaires or statistical forms to the Director
           General or the head of designated statistics unit, in a period not less than 14 working days, starting from the date of receiving
           questionnaires or statistical forms.

    d.    The informed letter of the Director General or the head of designated statistical unit shall confirm the penalties as specified in Article 28
           and Article 29 of the Statistics Law.

Article 28

    a.    The Director General or the head of designated statistical unit or a designated statistical officer may request a person to answer any
           questions that is necessary, in writing or by orally.

    b.    The Director General or the head of designated statistical unit may, by notice in writing or personally or assigning a statistical officer’s
           behalf, advise a person to answer any questions that is necessary, in a period not less than 14 working days, starting from the date of
           receiving questions.

    c.    A specified question of the Director General or the head of designated statistical unit shall confirm the penalties as specified in Article 28
          and Article 29 of the Statistics Law.

Chapter 6

Penalties

Article 29

A person who violates the provision of Article 25, Article 27 and Article 28 of this Sub-Decree shall be subject to the penal code by the effective law.

Article 30

A person who received questionnaires or statistical forms to be filled up in a specific period, as specified in Article 27 (c) or Article 28 (b) of this Sub-Decree, is still has obligation to do this work until that work is successful accomplished.

 

Chapter 7

Final Provision

Article 31

All existing provisions which are contrary to this Sub-Decree shall be considered abrogation.

Article 32

Minister in charge of the Cabinet of Council of Ministers, Minister of Planning, Minister of Economy and Finance, Ministers, Secretaries of State of all ministries and secretariats and the head of concerned government institutions shall implement this Sub-Decree effectively from the date of signature.

 Phnom Penh, 26 January 2007

 

Prime Minister                                        

HUN SEN                                            

 

COPY TO:
- Ministry of the Royal Palace
- Secretariat General of the Charter Council
- Secretariat General of the Senate
- Secretariat General of the National Assembly
- Secretariat General of the Royal Government
- Cabinet of Samdech Prime Minister
- As in Article 34
- Archives-Chronicles