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Sub-Decree on Statistical Obligations

Statistical Law - Unofficial translation

KINGDOM OF CAMBODIA
NATION RELIGION KING

Royal Government of Cambodia
No: 64 SD.ES

SUB-DECREE on STATISTICAL OBLIGATIONS
*******

THE ROYAL GOVERNMENT

- Having seen the Constitution of the Kingdom of Cambodia of 1993
- Having seen the Royal Decree on the Appointment of the First and Second Prime Ministers on 24 September 1993
- Raving seen the Royal Decree on the Appointment of the Royal Government of Cambodia on 01 November 1993
- Having seen the Royal Kram No 02 NS 94 on Organisation and Functioning of the Council of Ministers on 20 July 1994
- Having seen the Royal Decrees No NS RD 1094/ 83 and No NSRD/ 1094/90 on the reconstitution of the Royal Government on 24 October 1994 and 3 I October 1994
- Having seen the Royal Kram No NS RK1 0196/ 11 on the establishment of the Ministry of Planning on 24 January 1996
- Having seen the Royal Decree No CS RD 0897 47 on the reconstitution of the Royal Government of the Kingdom of Cambodia on 07 August 1997
- Having considered the proposal of the Ministry of Planning
- According to the approval of the Council of Ministers at the meeting on 10 July 1997.

HAVE DECIDED AS FOLLOWS

CHAPTER 1: General Provisions

Article 1

This Sub- Decree governs all matters relating to the collection, compilation, processing, publication and dissemination of statistical data and information relating to the socio- economic condition of the people, and private and government establishments and enterprises, including demographic statistics, national accounts, consumer prices of goods and services within the Kingdom of Cambodia and matters connected to and incidental thereto.

Article 2

The National Institute of Statistics shall carry out the tasks described in Article 1.

CHAPTER 2: Authority to Conduct Censuses or Surveys

Article 3

The Minister of Planning shall make written recommendations on the national censuses and statistical survey projects in order to obtain the authority of the Council of Ministers by stating in detail:

(a) Objectives of the census or survey
(b) Areas designated for the census or survey
(c) natural or juridical persons who shall complete the schedules or questionnaires
(d) statistical agencies in ministries and in provincial administration and other institutions responsible for the undertaking of the census or survey
(e) any other matters considered important relating to the census or survey

Article 4

With the consent of the Council of Ministers to the proposal of the Minister of Planning, the National Institute of Statistics may conduct the census or the survey.

Article 5

After having obtained the authority of the Council of Ministers, the Minister of Planning may give "prakas" or directions to any Ministry, institution or a Provincial authority on the census or survey.

CHAPTER 3

Collection of Information

Article 6

The Director of the National Institute of Statistics has the right to appoint officers of the National Institute of Statistics to require any natural or juridical person to provide information as specified by the National Institute of Statistics.

Article 7

The Director of the National Institute of Statistics shall design and shall lay down the instructions for the use of questionnaires forms and schedules, statistical classifications and procedures necessary and timing of collection of statistical information.

Article 8

The Director of the National Institute of Statistics has the right to require information to be furnished at specified times or within stipulated intervals. The delivery of a questionnaire or schedule may be effected by

-giving it personally to that person or
-sending it by post (addressed clearly)
-a person known to the respondent
-by a third person authorised to act on behalf of the person


CHAPTER 4

Rights and Obligations of the Respondents

Article 9

The persons required to provide information shall be obliged to answer all questions posed by the National Institute of Statistics accurately and truthfully.

Article 10

In instances where accurate and complete information are not available, the respondent may furnish to the National Institute of Statistics the best estimates of the particulars.

Article 11

The respondent shall give reasonable facilities such as access to documents and records for the designated statistics officer to perform well his duties.

Article 12

Any natural or juridical person or respondent aggrieved by the inclusion of any question in any census or survey may appeal to the Minister of Planning for the exclusion of any such question from such questionnaire or schedule and for the prevention of processing, publication or dissemination of any information from any such question. The decision of the Minister of Planning on any such appeal made to him is final.

Article 13

No person shall be bound to furnish any information on which he has no knowledge or not accessible to him.

Article 14

The responses to the questionnaire or schedule shall be made in units of measures used officially in Cambodia.

CHAPTER 5

Rights of Statistics Officers

Article 15

The designated statistics officer employed for the collection of statistical information shall have the right to perform his duties relating to the completion of questionnaire or schedule at any dwelling place, shop, office or place of business of the person during any time between 6 am. and 6 p.m. in order to examine any evidence or documents relating to the completion of the schedules or questionnaires.

Article 16

When performing his duties any designated statistics officer employed for the collection of statistical information shall show his identity card and his service order to the respondent.

CHAPTER 6

Confidentiality of Information

Article 17

Information furnished by natural or juridical persons to the National Institute of Statistics shall be used only for statistical purposes.

Article 18

The National Institute of Statistics shall ensure the confidentiality of all information provided by natural or juridical persons to the National Institute of Statistics.

Article 19

Every person engaged in connection with the collection, compilation, processing, publication or dissemination of statistics shall be required to make a declaration in the form prescribed by the National Institute of Statistics that he will not disclose or make use of information which are contrary to the purpose of this Sub- Decree.

Article 20

No person other than a designated statistics officer, has the right to see the information or schedule of natural or juridical person.

Article 21

No statistics officer who is engaged in the collection, processing, interpretation, publication or dissemination of statistics shall except as required by his duty communicate or provide to any person any information which has come into his possession in the course of his said duty.

Article 22

Director of the National Institute of Statistics shall ensure that statistical tables are arranged in such a manner as to prevent any particulars from being identifiable as particulars relating to any natural or juridical person.

Article 23

No part of a completed individual schedule or questionnaire shall be separately disseminated.

Article 24

No entry in any book, register, document or machine readable record made by a statistical officer or by any other person in the discharge of his duty shall he admissible as evidence in any court.

CHAPTER 7

Publication and Dissemination

Article 25

The Director of the National Institute of Statistics shall have the responsibility for deciding the procedures, forms and methods employed and timing of release of publication of the statistical information produced by the National Institute of Statistics.

Article 26

The Minister of Planning may in the public interest direct the Director of National Institute of Statistics to stop processing and publication of information relating to any question which were included in any census or survey.

Article 27

The Director of National Institute of Statistics shall cause the information in the schedules or returns furnished by the respondents to be compiled and shall publish and disseminate for the information of the public a statistical report of the census or survey.

Article 28

The Director of National Institute of Statistics shall submit a summary report to the Minister of Planning on any national census or survey before the expiration of one year from the date of completion of data collection in such census or survey.

CHAPTER 8

Penalties

Article 29

Any designated statistics officer employed for the purpose of any census or survey who
(a) discloses or communicates any information which has come into his possession in the course of his duty to any person who is not an employee of the National Institute of Statistics

(b) without sufficient cause, refuses to comply with any instructions or direction given to him by the Director of National Institute of Statistics or a designated officer

(c) wilfully puts an offensive or improper question to a respondent

(d) knowingly makes any false return

(e) asks money or receives '"gifts" from respondents

shall be liable to a fine of 100,000 (One hundred thousand) Riels to 250,000 (Two hundred fifty thousand) Riels. For statistical officer who is a civil servant, the fine shall be of second level as stated in Article 40 , Chapter 5 of the Law on Common Statute of Civil Servants of the Kingdom of Cambodia.

Article 30

Any respondent who fails to comply with the requirements of the National Institute of Statistics as stipulated in Article 6 and 8 and:

(a) refuses to answer to the best of his knowledge and belief any question asked of him or wilfully makes a false answer thereto or

(b) makes marks or damages the marks or delivers any wilfully false or incorrect schedule, information or

(c) refuses to allow a designated statistics officer such reasonable access to land, house, enclosure, vessel, ship, establishment or other place as it is required by this Sub- Decree or

(d) removes, obliterates, alters, or injures before the expiry of the stipulated time period of the taking of the census or survey, letters, marks or numbers which have been marked or affixed for the purpose of the census or survey or

(e) refuses or neglects to comply with an provision of this sub-decree or any regulation related to this sub- decree

shall be liable to a fine of 250,000 (Two hundred and fifty thousand) Riels to 500,000(Five hundred thousand) Riels and Article 9 or 10 or 11 of this sub-decree shall be applicable to the respondent. In the event of any bodily harm being inflected on any statistical officer employed for the collection of statistical information from any natural and juridical person, the respondent shall be liable under the provision of the Penal Code, to be sued by the
Ministry of Planning.

CHAPTER 9

Final provisions

Article 31

All the existing provisions which are contrary to this Sub- Decree shall be null and void.

Article 32

Co- Ministers of the Council of Ministers, Minister of Planning, all concerned Ministers and Secretaries of State shall implement this Sub-Decree

Article 33

This Sub- Decree have come into effect from the data of signature.

Phnom Penh 15 October 1997

(Signed and sealed)

First Prime Minister Second Prime Minister
Ung Huot Hun Sen


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