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Law on Statistics


June 5, 1997 Ulaanbaatar city

LAW ON STATISTICS

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of the law

The purpose of this law is to establish a unified statistical system of Mongolia and principles of activities, determine the mandatory and full rights of statistical organizations and respondents and regulate the relations that arise between them and whilst provision of statistical information to users.


Article 2. Legislation on statistics

The legislation on statistics shall consist of the Constitution of Mongolia, the present law and other relevant legislative acts that are in conformity with them.


Article 3. Definitions

In this law:

1/ "Statistical information’’ means quantitative data and information relating to the society, economy and environment, which is collected and processed by using standardized programs and methodologies.

2/ "Statistical activities’’ mean the activities as recording, producing, transferring, collecting, compiling, processing and aggregating of statistical data, conducting of censuses and surveys, tabulation and analysis of results, dissemination of the results to users, publication of reports, provision of reliable data and creation of data bases and their storage.

3/ "Statistical respondents’’ mean legal bodies of all kinds of ownership that run activities in the territory of Mongolia and Mongolian legal bodies, Mongolian and foreign citizens and stateless persons operating their activities outside of Mongolia all of whom are covered by statistical surveys and censuses.

4/ "Users of statistical information’’ means legal bodies, Mongolian and foreign citizens and stateless persons who use statistical information for their activities.

5/ "Official statistical information’’ means centralized and decentralized statistical information, results of censuses and surveys that are produced by means of indicators and methodologies adopted and accepted by the National Statistical Office of Mongolia.

6/ "Centralized statistical information" means statistical information and results of censuses and surveys that are collected from individuals and establishment through statistical units at bag/horoo, soum/district, aimag and city, ministries and through other state organizations and that are compiled and processed by organizations which are in charge of statistical activities using the indicators and methodologies approved by the National Statistical Office.

7/ "Decentralized statistical information" means statistical information collected and produced by ministries and other state organizations by means of indicators and methodologies accepted by the National Statistical Office of Mongolia.

8/ "Unofficial statistical information" means statistical information and results of surveys other than those determined in paragraph 5 of this Article.


Article 4. The principles of statistical activities

Statistical activities shall be conducted in accordance to the following principles:

1/ Official statistical activities should be independent;
2/ Scientifically feasible and standardized methodology should be utilized;
3/ Statistical information should be reliable and accurate;
4/ Statistical information should be provided in timely manner;
5/ Statistical information should be widely accessible and transparent to the extent that is determined by the law;
6/ statistical indicators and methodologies shall be compatible with the international statistical standards and methodologies.



CHAPTER TWO

THE SYSTEM OF STATISTICAL INFORMATION


Article 5. Types of statistical information

1. Statistical information shall be comprised of two types: official and unofficial.

2. Official statistical information shall be centralized and decentralized.

3. Official statistical information shall be produced by the National Statistical Office, ministries and other state organizations and governors of all levels.

4. Decentralized statistical information shall include information that is collected by ministries, other state organizations and governors of aimags, the capital city, soums and districts for their own activities.


Article 6. Official statistical indicators and the basis for their production

1. Official statistical information includes the following indicators:

1) macro-economics statistical indicators;

a) gross domestic product;
b) inflation rates and consumer prices;
c) investment;
d) savings;
e) balance of payment;
f) number of unemployed;
g) monetary, bank loans and stock exchange;
h) state and local budget revenue and expenditure

2) population and social statistics;

a) total population, its age and sex structure;
b) fertility, mortality, natural increase, marriage and divorces;
c) economically active population and number of employed;
d) household and population income, expenditure and consumption;
e) population nutrition and calorie;
f) living standards and poverty;
g) average wages and income;
h) educational level of population, number of schools, teachers,
pupils and students;
i) health of population, number of hospitals and clinics, physicians and patients;
j) housing fund and number of houses newly put into operation;
k) number of receivers of pensions and allowances, amount of pensions and
allowances;
l) number of museums, libraries and their stock;
m) number of newspapers, magazines and films;

3) industry, science and technology statistics;

a) number of livestock and other domestic animals;
b) number of livestock fences, wells and water points;
c) output of main agricultural products;
d) sown areas, crops, harvest, hay, fodder;
e) industrial production and sales;
f) output of main industrial commodities;
g) construction, installation and capital repair work;
h) main transport indicators - carried freight, number of
passengers, freight turnover, passenger turnover;
i) communication services revenue, number of telephones and radios;
j) main export and import commodities and their quantities;
k) revenue from tourism and number of tourists;
l) number of patents and new products;
m) expenditure of scientific research, testing and inventions;

4) legal statistics;

a) number of crimes, by type;
b) number of criminal offenders, by age and sex;
c) damage resulting from crimes;
d) number of bankrupt business entities;
e) indicators of administrative and civil criminals;

5) environmental statistics;

a) land protection and damage;
b) resource of safe water, use of water, water pollution, water cleaning
and water wastage;
c) air pollution;
d) forest protection and reforestation;
e) number of protected wild animals and hunting.

2. The relevant ministries and other state organizations shall respectively produce their own statistics on money, loan, finance, customs, tax, environment, art, culture, education, science and technology, health, social welfare and legal statistics and provide them to the National Statistical Office.


Article 7. Conducting censuses and surveys

1. The National Statistical Office shall conduct national population and housing census every ten years and develop input-output table every 5 years. In addition the National Statistical Office shall be responsible for conducting livestock census, including censuses of domestic animals, livestock fences and wells, fodder, and census of establishments as well as other special sample surveys and comprehensive studies as necessary The required funding for censuses and surveys shall be included in the central and local budget for a given year.

2. The schedule of censuses and surveys that are stated in paragraph 1 of this Article shall be determined by the Government and the schedule of sample surveys or comprehensive studies shall be defined by the National Statistical Office.

3. Provided there is a requirement for conduct of censuses in the period other than stated in paragraph 1 of this Article, the Government and the State Great Hural shall agree on and fix the schedule and timing.


Article 8. Unofficial statistical activities

1. Legal bodies and citizens may be engaged in unofficial statistical activities on the basis of an agreement which is established with a respondent.

2. Legal bodies and citizens stated in paragraph 1 of this Article shall be obliged with presenting on the methodology when they disseminate the results to the public unless the law stipulates the otherwise.

3. Legal bodies and citizens who have collected unofficial statistical information shall be liable to keeping the confidentiality of information provided by respondents.


CHAPTER THREE

THE RIGHTS AND DUTIES OF STATISTICAL RESPONDENTS AND USERS


Article 9. The rights and duties of statistical respondents

Statistical respondents shall exercise the following rights and duties:

1/ to offer a proposal to statistical organizations with regards to improvement of indicators and methodology of statistics and surveys;

2/ to refuse to provide official statistical information or respond to surveys especially if the indicators and methodology were not approved or accepted by the organizations engaged in official statistical activities;

3/ to demand legal bodies and individuals to keep the confidentiality of information provided by them;

4/ to have access to statistics and survey and study results produced by statistical organizations;

5/ to keep the primary recording used for production of statistics and surveys;

6/ to provide accurate statistical data and information in a specified schedule by using approved or accepted indicators and methodologies;

7/ to be covered by national censuses;

8/ establishments shall be registered in accordance with the rules and regulations;

9/ to provide official statistical information, at own cost, to the organizations engaged in official statistical activities.



Article 10. Rights and duties of users of statistical information

Statistical users shall exercise the following rights and duties:

1/ to be provided , in accordance with this law and other relevant legal regulations, with information which is drawn using statistical indicators, which are listed in paragraph 1 of Article 6 of this law and other indicators approved by the organizations engaged in official statistical activities

2/ to provide sources of information when using and publishing official statistical information;

3/ not to demand statistical indicators other than those approved and accepted by official statistical organizations



CHAPTER FOUR

THE STRUCTURE AND MANDATE OF STATISTICAL BODY OF MONGOLIA


Article 11. The structure of statistical body

1.The statistical body of Mongolia shall consist of the National Statistical Office which is independently in-charge of co-ordination of all official statistical activities and functions in Mongolia, statistical divisions at the Governors of the capital city, aimags and statistical units at the Governors of districts. An officer of a governor’s office at soums and governors of bag and horoo are responsible for statistical activities in their respective areas.

2.The National Statistical Office is financed by central government budget while the statistical divisions at the Governors of the capital city and aimags and units at district Governors are financed by the respective local budgets.

3.Ministries and other state organizations are engaged in their relevant statistical activities.


Article 12. The National Statistical Office of Mongolia and its mandate

1.The National Statistical Office shall provide the official statistical activities with centralized and overall management and co-ordination.

2.The National Statistical Office can maintain a unit which is responsible for providing paid information services and printing of the statistical yearbook, bulletin and other documents. The organizational structure and principles of activities of this unit will be endorsed jointly with the central state financial management organization.

3. The National Statistical Office shall have the following mandate:

1. to provide official statistical activities with professional and centralized management and take up measures of improvement;

2. to approve and accept indicators, methodologies and manuals or instructions of various censuses, surveys and official statistics and set up the time of their announcement;

3. to provide guidelines for the organizations which are engaged in official statistical activities and respondents for conducting population, social and economic censuses, one-off register and sample surveys and comprehensive studies on special topics, and to monitor and evaluate their activities;

4. to collect official statistical information from relevant ministries and other state organizations in a specified time;

5. to produce and follow statistical indicators and methodologies in compatibility with the international classifications, methodologies and standards;

6. to reflect the needs and order of government and other government organizations in detailed official statistical indicators and provide them with information in a specified time;

7. to prepare and provide , in timely manner, the government and other government organizations with official statistical information which are required for policy making, formulation, planning, management and monitoring;

8. not to be obliged with collecting and processing the indicators other than those listed in paragraph 1 of Article 6 of this law and indicators approved by organizations which are engaged in official statistical activities;

9. to disseminate results of official statistical information and surveys to users and to ensure transparency of the statistical information;

10. to develop short, medium and long term projections, models and make analysis of socio-economic indicators of the country;

11. to retrain and improve professional skills of the statisticians;

12. to collect official statistical information from respondents in timely manner

13. to provide state and government organizations with statistical information free of charge;

14. to ensure the accuracy of statistical information by checking the statistical information produced by legal bodies and taking an action to eliminate errors;

15. to involve national professionals and officers in the national censuses and surveys that are conducted by the commission and request of Government, State Great Hural and President on the basis of agreement with their respective establishments and organizations;

16. to take an action to annul the decisions made by members of the Government, heads of other state organizations and Governors of aimags and the capital city and management of business entities when these decisions are inconsistent with the statistical law;

17. to provide guidance, monitor and control statistical activities of heads of statistical divisions of aimags and the capital city, units of districts, soum statisticians and governors of bag and horoo;

18. to actively participate in the activities of international statistical organizations and other specialized organizations in statistical area, to co-operate with them in accordance with the legislation of Mongolia and international agreements and to provide them with socio-economic statistics about Mongolia.



Article 13. The management of the National Statistical Office

1.The chairman of the National Statistical Office shall be appointed by the State Great Hural with the tenure of 6 years;

2. The chairman of National Statistical Office shall be accountable and report on his/ her activities to the State Great Hural;

3. The National Statistical Office shall a vice-chairman. The vice-chairman shall be appointed by the chairman of National Statistical Office;

4. The appointment of chairman and vice chairman shall take into account of the candidates’ knowledge on economics, statistics, management, professional skills, professional ethics and work experience;

5. The salary of the chairman of the National Statistical Office shall be determined by the State Great Hural;

6. The chairman’s duties of the National Statistical Office can be terminated in case of the following reasons:

1/ when the mandatory tenure of duties is terminated;
2/ when the health status or other reasons impedes him/ her from to carry out duties;
3/ when he/ she requests for resignation on his/her own;
4/ when he/ she carries out duties unsatisfactorily;
5/ when the court proves that he/ she has committed a crime;



Article 14. The council of the National Statistical Office

1.The council shall work at the National Statistical Office to assist with maintaining official statistical activities and provide advice on the use of standard methodologies;

2. The chair of the council shall be the chairman of the National Statistical Office of Mongolia

3. The members of the council of the National Statistical Office shall be part time based. The council shall consist of 5 members all of whom shall be appointed by the State Great Hural. Two members shall be recommended by the Government and other two shall be recommended by the relevant Standing Committee of State Great Hural;

4. The council shall issue recommendations to the National Statistical Office on basis of their decisions;

5. The members of the council can be paid honorarium depending on their participation in the activities of the council. The amount of honorarium shall be adjusted in accordance with the rules of the council activities.



Article 15. The mandatory of the Chairman of the National Statistical Office and the guarantee of its exercise

1.The chairman of the National Statistical Office shall exercise the following mandatory:

1/ to issue a decree on approving and adopting decisions related to official statistical management, organization, indicators, methodologies and instructions;

2/ to appoint heads of statistical divisions of the capital city and aimags, heads of statistical units of districts taking into consideration of recommendations given by the respective Governors;

3/ to maintain direct contact with Standing committees of State Great Hural, Government, and other related ministries and organizations, and to submit recommendations and suggestions to the Sessions and Standing committees of State Great Hural and to the Government;

4/ to approve and adopt the rules of activities of the Council at National Statistical Office;

5/ to represent the National Statistical Office;

6/ to control and spend the budget of the National Statistical Office;

7/ other rights which are stipulated in other legislations.


2.The following guarantees shall be provided to the chairman of the National Statistical Office in exercising his/ her mandatory:

1/ to receive salary and other eligible benefits that are provided for senior level state and government position, and other necessary benefits;

2/ to be provided with a vehicle and communication means

3/ other benefits stipulated in other legislation



Article 16. Statistical inspectors and their rights

1.The chairman, considering professional skills and work experience, shall appoint and terminate the service of statistical inspectors out of statisticians.

2.Based on the decision of the chairman of the National Statistical Office, statisticians who are engaged in producing official statistics at the ministries and other government organizations can be appointed as statistical inspectors;

3.Statistical inspectors shall exercise the following rights:

1/ to monitor and audit the implementation and provision of the statistical law and regulations;

2/ to audit the coverage, accuracy and timeliness of statistical information;

3/ to prohibit any collection and duplicative collection of data and conduct and duplicative conduct of surveys involving establishments and individuals which are not approved and accepted by the National Statistical Office unless the law states the otherwise;

4/ to keep necessary documents for official statistical information and surveys and advise on how to make primary records, accomplish the forms accurately and report statistics accurately;

5/ to collect all necessary documents, explanations and inquiries from officials for monitoring and auditing activities;

6/ to report results of monitoring and auditing activities, to lodge complaints with official bodies in order to eradicate infringements;

7/ to impose administrative sanctions on those who breach the law on statistics in accordance to appropriate legislation and regulations;


4. Every official body, establishment and individual shall be obliged to carry out all tasks as required by statistical inspectors and in accordance with the law.



CHAPTER FIVE

RIGHTS OF STATE ADMINISTRATIVE ORGANIZATIONS IN RELATION TO STATISTICAL ACTIVITIES


Article 17. In relation to official statistical activities

Rights of the Government

The government shall exercise the following rights with respect to official statistical activities:

1/ to take necessary organizational measures for conducting censuses that are stated in paragraph 1 of Article 7 of this law and to provide organizations engaged in official statistical activities with favorable circumstances for fulfilling tasks related to official statistics;

2/ to include the needs of Government and governmental organizations in the system of official statistical indicators and request to provide with necessary statistical information free of charge;

3/ to take measures aimed at preparing, training and retraining professional statisticians;

4/ to implement projects supported by international organizations and donor countries in order to improve data processing and personnel capacity of official statistics.


Article 18. Rights of ministries and other government organizations and governors of all administrative levels with in relation to official statistical activities

Ministries and other government organizations and Governors of all administrative levels shall exercise the following rights with respect to official statistical information:

1/ to conduct regular monitoring and auditing of the accuracy of official statistics and ensure the reliability in official statistics;

2/ pay on-site visit to have information collected and in case of failure of production of statistical information in timely manner visit the particular unit and have the travel expense and other related expenses incurred by the respondents defrayed in case of failure of collection of statistical information in timely manner;

3/ to disseminate results of statistical reports, censuses and surveys through mass media.


Article 19. Rights of ministries and other government organizations in relation to official statistical activities

Ministries and other government organizations shall have the following rights in addition to the rights that are stated in Article 18 of this law:

1/ to submit official centralized statistical information to the National Statistical Office in timely manner;

2/ to use necessary official statistical information from the National Statistical Office;

3/ to collect decentralized information and create database for the purpose of utilizing in management activities in respective sectors;

4/ to seek the approval of the National Statistical Office on the forms, indicators, methodologies and instructions of decentralized official statistical information with a view of avoiding national duplication of information;

5/ to produce overall results of national real state records.


Article 20. Rights of Governors of capital city, aimags, soums and districts in relation to official statistical information

Governors of the capital city, aimags, soums and districts shall exercise the following rights in addition to the rights that are stated in Article 18 of this law:

1/ to collect data from statistical respondents in their territory, to process, analyze and use them, and to transmit official statistics to higher level units in timely manner;

2/ to conduct censuses and sample surveys in accordance with the rules and guidance provided by the National Statistical Board

3/ to collect official statistical information and create database for the use of internal management in their respective territories as accepted by the statistical organizations. Whilst doing so the duplication with centralized official statistical information shall be avoided.


Article 21. Rights of Governors of bags and horoo in relatin to statistical information

Governors of bags and horoos shall exercise the following rights in addition to rights that are stated in Article 18 of this law:

1. to keep register of population and household;

2. to conduct living standard survey;

3. to conduct livestock and domestic animal censuses and maintain a
property inventory;

4. to conduct land censuses and maintain register on land use;

5. to collect information and conduct surveys on production and services, and produce results;

6. to organize and conduct censuses and sample surveys in accordance with due guidance;

7. to present official statistical information to the higher level Governor in timely manner.



CHAPTER SIX

MISCELLANEOUS


Article 22. Forbidding on illegal use of statistical information and loss of confidentiality of information

1. It shall be prohibited that statistical respondents, users and other relevant bodies illegally use statistical information for profiteering purposes.

2. Either it shall be prohibited that users make alteration or adjustment of the results of official statistical information and surveys.

3. Any officer of official statistical organizations shall be prohibited to publish or disseminate the information which is still being processed and information which has been identified by the appropriate lawful authorities as information concerning national interests or confidentiality of individuals and establishments.

4. In absence of acceptance of statistical organizations the users shall be prohibited to sell and transmit the official statistical information.

5. Transmission, sale and deletion of raw data from censuses and surveys that is kept in computer-readable media before the permitted date of release of information are prohibited.



Article 23. Penalties

1.Unless the infringement is dealt with by the criminal law, any establishment or individual shall be liable to an administrative sanction in case of breaching the law on statistics.

2. The court shall handle the complaints or claims made by an establishment or individual as a result of being charged with administrative sanction by statistical inspectors.


Signed:
R. Gonchigdorj, Chairman of State Great Hural of Mongol


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