NATIONAL PUBLIC ADMINISTRATION DECRECT N° 3.110 National Statistical System.
Bs. As. 30/12/70 See Background Normatives.
VISTO Act No. 17.622, establishing the National Statistical System, and
That it is necessary to regulate its provisions in order to enable their immediate implementation;
THE PRESIDENT OF THE ARGENTINA NATION
I. - National Statistical System Article 1
- Statistical services belonging to all national, provincial and municipal public bodies, - centralized, decentralized administration and state-owned enterprises - shall carry out the tasks to be carried out for the implementation of the Annual Programme of Statistics and Censuses, assigned to them the INDEC, which is the responsibility of the Programme.
II. - From the National Institute of State and Census Art. 2°
The National Institute of Statistics and Censuses (INDEC) has the following powers:
(a) Prepare the Annual Programme of Statistics and Censuses and bring it to the Secretariat of the National Development Council for consideration and further approval by the National Executive. The Annual Programme on Statistics and Censuses will be accompanied by its programme budget, in order to enable an adequate assessment of the allocation of resources within the system;
(b) Prepare the annual budget for INDEC expenditure and resources and bring it to the Secretariat of the National Development Council for consideration and further approval by the National Executive;
(c) To direct the process leading to the implementation, in time and form, of the tasks contained in the Annual Statistical and Census Programme, for which:
(i) Distributes areas of competence in statistics, censuses and surveys among the services of the National Statistical System (SEN);
(ii) Prepares and establishes the methods, technical standards, procedures, definitions, classifications, codes, questionnaires and instructions, formulas, cartography and other methodological requirements that will be observed in the processes for the collection, processing, presentation, elaboration and analysis of permanent statistics, censuses and special accounts;
(iii) Set the timetable for implementation;
(iv) Coordinates and controls the tasks assigned to central and peripheral statistical services, subject to the principle of normative centralization and executive decentralization;
(v) Analyzes the results of statistical services by approving or ordering their review.
(d) To require central and peripheral statistical services, periodic reports on their functioning, as well as on their tasks, in order to assist and advise them to improve their technical level and to improve the processes of statistical data collection, development and publication;
(e) To establish appropriate means to perform tasks assigned to central or peripheral statistical services temporarily when they lack the necessary technical capacity;
(f) Strengthen according to the provision of funds, the budgets of the peripheral statistical services;
(g) To sponsor and/or direct research programmes in the field of mathematical statistics, econometry, demographics and other social sciences.
(h) To coordinate the implementation of training programmes aimed at raising the scientific and technical level of SEN staff;
(i) Coordinate the use of existing mechanical equipment in SEN-based agencies;
(j) Conduct the training, assessment and development of the information required to prepare the statistics that the Annual Statistical and Census Programme assigns to INDEC.
III. - Central and peripheral Statistical Services Art. 3rd
- It corresponds to central and peripheral statistical services, as it relates to the Annual Programme of Statistics and Censuses:
(a) Adjust to the directives issued by INDEC;
(b) To carry out the tasks assigned, in collaboration and coordination with other SEN agencies;
(c) To punish violations of Act No. 17.622 and its regulations;
(d) To comply with and enforce statistical secrets with the utmost rigor;
(e) Raise INDEC.
(i) Prior to 31 March of each year; the proposed programme of work for the following year accompanied by its corresponding resource budget;
(ii) Prior to 31 July of each year, the outcome of efforts to obtain resources for the implementation of the work referred to in paragraph (i), in order to enable INDEC to take appropriate measures to ensure the implementation of the tasks set out in the Annual Statistical and Census Programme;
(iii) Quadrimonthly information on the status of tasks assigned to the Annual Programme on Statistics and Censuses, delays and their motives, and measures taken to overcome them.
(f) To report to INDEC by 30 June of each year on the actual costs incurred in the implementation of the tasks envisaged in the Annual Programme of Statistics and Censuses of the previous year, as well as on the amount of the erogations made in other work of a statistical nature, not covered by the Programme;
(g) To make available to the INDEC a copy of the statistics not included in the Annual Programme of Statistics and Censuses that had been compiled. Art. 4°
- The peripheral statistical services that have received funds, as provided for in article 2 (f) of this decree, shall raise to INDEC, surrenders of four-year accounts, attaching the proofs required by the National Accounting Act and a detailed report on the status of the tasks carried out with such funds.
IV. - Annual Statistics and Census Program Art. 5°
- The Annual Statistical and Census Programme comprises the set of tasks relating to national censuses, permanent statistics, special accounts and the operation of national registries. Art. 6°
- The INDEC is responsible for identifying the statistical series that will be part of the Annual Statistical and Census Programme, with the participation of the corresponding SEN agencies to achieve efficiency and coordination.
V. National censuses and surveys Art. 7°
National censuses shall be lifted on the following periodicity:
(a) 10 per cent, in the years ended in "zero", population, family and housing censuses;
(b) Fifthly, in the years ended in "two" and "seven", the agricultural censuses;
c) Fifthly, in the years ended "three" and "eight" economic censuses. Art. 8°
- The programming, conduct, relay, processing and publication of national censuses included in the Annual Programme of Statistics and Censuses is the responsibility of INDEC, in collaboration with the statistical services of the SEN. The INDEC will set the schedules, methods, questionnaires and other methodological and organizational standards, provide the forms, provide the instructions and provide the necessary technical and material assistance. Art. 9°
- The authorities of all national, provincial and municipal agencies, the Armed Forces and the security forces will provide their collaboration for census relief, facilitating their personnel, buildings, furniture, means of mobility and other elements requested by the INDEC. Art. 10
- (Article derogated by art. 1 Decree No. 1513/1974 B.O. 24/05/1974) Art. 11
- In cases and within the time limits established, the national, provincial and municipal units and the banking establishments shall, without exception, require, as a precondition for any procedure, the presentation of the "censional compliance certificate" by the person responsible for the declaration. Art. 12
- The census information will be completed, expanded and updated with that obtained through special surveys. Art. 13
- Compete to INDEC the planning and implementation of the special surveys assigned to it in the Annual Programme on Statistics and Censuses, as well as the monitoring and/or planning of those carried out in the SEN member services upon request.
VI. - From the Statistic Secret Art. 14
- Individual statements and/or information may not be communicated to third parties - even if they are judicial authorities or official services other than the SEN - or used, disseminated or published in such a way as to identify the person or entity that formulated them. Art. 15
- Peripheral statistical services may have access to individual information collected by central statistical services provided that they have legal instruments that establish the same regime of obligations, prohibitions and penalties to safeguard statistical secrecy.
VII. - Infruits Art. 16
Violation of the provisions of Act No. 17.622 shall be punished by the penalties provided for in the Act, upon instruction of an administrative tribunal in which the right of defence shall be secured and the nature of the offence shall be valued, the background of the offender and the injury caused. Art. 17
- When transgression is committed within the jurisdiction of a central statistical service, the summary shall be instructed by the head of the service, who shall also apply the corresponding sanction.
When the transgression is committed within the jurisdiction of a peripheral statistical service, the head of the service shall notify the violation of the alleged offence and shall then refer the act to the head of the provincial stationary service, who shall instruct the summary and apply the relevant sanction. Art. 18
- The action or omission that configures the transgression may be notified by a record, by a certified letter with special notice of return or by telegram.
The notification instrument shall clearly state the action or omission attributed to the alleged offender, as well as the granting of a 15-day oara period to write down his or her discards and to provide or produce the evidence that they make to his or her right.
The record, letter or telegram will be the head of summary and will make faith until its falsehood is proved. Art. 19
- Submitted the discards and produced the evidence offered, or after the time period without the alleged offender, the case shall be closed; the head of the statistical service shall have a period of 10 days to issue a reasoned resolution, or may be notified by a certified letter with special return notice. Art. 20
- Against resolutions imposing fines, transgressors or perpetrators may file within 15 days of notification of the resolution:
(a) Appeal for consideration before the same administrative authority that applied the sanction;
(b) Appeal, where feasible, before the federal judge of the appropriate jurisdiction.
Interposition of one of the resources will prevent the applicant, choose the other.
In the event that the appeals are not filed within the time limit mentioned, the resolutions shall be held firm and passed in the authority of a judged thing. Art. 21
- Deducted the remedy of reconsideration, the head of the statistical service will appreciate what the applicant has alleged and will have the necessary steps. With the new assembled elements it will issue a motivated resolution within 10 days and will be notified by a certified letter with special return notice. Art. 22
- The fines of up to PESOS OCHOCIENTOS CATORCE WITH CUATRO CENTAVOS ($ 814.04) are inapplicable. Any person who exceeds such amount may be appealed to the federal judge of the appropriate jurisdiction within 15 days of the notification of the administrative decision. In this case, the administrative file shall be forwarded to the court within 10 days of receipt of the judicial office requesting referral. Please refer to the National Institute of Statistics and Censuses to readjust semi-annually, on the first of January and on the first of July of each year according to the increases in the semesters that expire on the thirty-one of December and on the thirty-seventh of June, the amount referred to in the present article in accordance with the variation in the general level of wholesale prices in those periods. (Month of the replaced fine by art. 3° of the Resolution No. 201/2019 National Statistical and Census Institute B.O. 6/9/2019
) (Article 1 of the Decree No. 882/1978 B.O. 02/05/1978) Art. 23
- Fines shall be satisfied within eight (8) days of finalization of the administrative or judicial ruling imposed by them.
The payment will be made by deposit in the Central House, branches or agencies of the Banco de la Nación Argentina, in the account entitled "Instituto Nacional de statistic y Censos-Multas".
Payment of the fine does not exempt the offender from the obligation to present the statistical or central information that resulted in the penalty. Art. 24
The lack of payment of the fines within the specified time limit makes the way for the prosecution of their collection before the federal courts, following the procedure established by the Civil and Commercial Procedure Code for the execution of the tax. Art. 25
- Payment of prescribed fines shall not be required by INDEC unless the offender has expressly or tacitly waived the right obtained by statute. Art. 26
In proceedings for breaches of Law 17.622, the representation and sponsorship of SEN statistical services shall be exercised:
(a) In the Federal Capital, for the legal services of the agency to which the statistical service in charge of statistical or census information transgressed belongs;
(b) In the interior of the Judiciary, by those same legal services or by federal prosecutors, at the election of the acting statistical service. Art. 27
Any violation of Act No. 17.622 by an SEN agent, after the instruction of the relevant court, shall be subject to the corresponding complaint before the federal court, for the purpose of the application of the sanctions provided for in articles 14 and 17 of the Act, without prejudice to the administrative sanction issued by the authority to which the agent is responsible.
VIII. - Director of INDEC Art. 28
The Director of the INDEC shall have a hierarchy of State Secretary and shall have the following duties and powers: (Jerarchy of the Director of the National Statistical Institute And CENSOS replaced by art. 8° Decree No. 181/2015 B.O. 22/12/2015)
(a) To comply with and enforce Act No. 17.622, its regulations and the domestic standards of INDEC;
(b) To exercise the administrative and technical direction of the agency;
(c) To legally represent INDEC in all its acts and contracts;
(d) Elevar the Annual Programme on Statistics and Census;
(e) To eliminate the proposed annual budget for expenditures and resources of INDEC;
(f) Manage national, provincial and municipal authorities, take steps to improve and expand their statistical services and provide funds to ensure the normal development of tasks;
(g) Presiding jurors in opposition contests and/or background;
(i) the appointment and proportion of technical staff;
(ii) The designation of administrative and teaching staff;
(iii) The recruitment of national or foreign experts to undertake studies, research or statistical tasks;
(iv) Recruitment of staff for extraordinary, special or temporary tasks, setting the working conditions and their retribution under the existing administrative arrangements;
(i) Dictate the Fellowship Regulations;
(j) To punish the transgressors of Act No. 17.622 and its regulations;
(k) To convene meetings with SEN members when it deems necessary;
(l) Establish the non-recurrent publications plan under the Annual Statistics and Census Programme;
(m) Fix the schedules of operations to be carried out at the time of each census;
(n) Promoting statistical agreements or agreements with foreign and international bodies;
(ñ) To exercise any other function leading to compliance with Law 17.622 and its regulation. Art. 29
- In accordance with the Secretary of the National Development Council, the Director shall designate a staff member of the INDEC to assist him in his functions and replace him in the event of absence or temporary impediment.
IX. - Staff. Art. 30
- From the date of this decree, the technical staff of the INDEC may only be appointed prior contest of opposition and/or background to a jury chaired by the Director and integrated with two officials of the Institute appointed by the Institute. Art. 31
- The managerial and technical positions should be carried out by graduates of Argentine universities, with degrees that prove a solid training in statistical disciplines.
X. - Courses and scholarships Art. 32
The INDEC will organize training and training courses for SEN technical staff, and may request the collaboration of national, foreign and international specialized centres. Art. 33
- The INDEC may grant scholarships to SEN staff for training in courses organized according to the previous article. It may also manage the granting of scholarships by national, foreign and international, public or private entities, for the same purpose and for the benefit of the aforementioned staff. Art. 34
The selection and designation of the fellows shall be carried out by a jury composed of the Director of INDEC and two staff members appointed by him. Art. 35
INDEC will not grant or manage scholarships if its beneficiaries do not meet the following requirements:
In the case of unpaid or unpaid licences, the Government shall provide an additional one-year uninterrupted service.
The officers shall have the right to use one year ' s unpaid leave, which may be extended for a further year under the conditions provided for by Decree 8.567/61. The license may not be added to the following section by means of a one-year service provision.
Agents may make use of leave with pay, for the time to be determined. In this case they will be obliged to remain in the Statistical Service for a minimum of three years, counted from the completion of the courses.
If, before the term fixed, they decide to withdraw from the public service, they shall be liable to the penalty provided for in article 29 of the Decree 8.567/61. This license may not be added to the provisions of the preceding paragraph.
XI. - Publications and Information Art. 36
The permanent minimum publication plan of INDEC will include:
(a) Statistical Yearbook of the Argentine Republic;
(b) Quarterly Statistical Bulletin;
(c) Statistical Information Bulletin (monthly). Art. 37
- Official or private publications, of any nature and periodicity, which include statistical data originating in the SEN services, shall, without exception, disclose the corresponding source. Art. 38
- Statistical and census compilations prepared or available in the INDEC and unpublished may be obtained by payment of a tariff. Art. 39
- The agencies of the SEN, which must provide information of a statistical or census nature, to international agencies or foreign governments, must submit it to the INDEC for approval or rectification. Art. 40
- Facultase INDEC to fix for its publications the sales prices and the "no charge" delivery quotas for official use and for the exchange service. Excessively requested copies of the "without charge" quota assigned may be purchased at official sales prices. Art. 41
- In order to facilitate the dissemination of statistical publications throughout the country, INDEC will issue copies "without charge" to each of the statistical services of the SEN, which will ensure their subsequent distribution within their respective jurisdictions. Art. 42
- The INDEC may request private firms to collect statistical data, copies of the final work, in order to incorporate such series into the material of the SEN. Art. 43
- Authorize the National Institute of Statistics and Censuses to collect for office law three hundred pesos ($ 300) for each judicial office and/or request for reports and for each test sheet, in general or certifications.
They are exempt from payment of this right:
(a) Judicial offices that report to the National Institute of Statistics and Censuses.
(b) Relatives to your staff.
(c) Those coming from criminal justices.
(d) Proceedings that amount to measures to better provide, by judicial judges.
(e) Offices and reports in those cases where it is acted with the benefit of litigating without expenses.
(f) Those that set up ex officio reiterations and/or requests for previous reports.
(g) The testimonies or certifications requested by national, provincial and municipal public distributions.
Please refer to the National Statistical and Census Institute to readjust the amount referred to in this article on a biannual basis in accordance with the procedure provided for in article 22. (Article 2 of Article 2 Decree No. 882/1978 B.O. 02/05/1978) Art. 44
- Communicate, publish, give to the National Directorate of the Official Register and archvese. LEVINGSTON. Arturo A. Cordón.
- Article 22, Amount of the fine replaced by art. 2° of the Resolution No. 1/2019 National Statistical and Census Institute B.O. 9/1/2019;
- Article 22, Amount of the fine replaced by art. 3. Regulation No. 278/2012 B.O. 07/09/2012, Derogada por art. 2° de la Resolution No. 1/2019 of the National Statistical and Census Institute B.O. 9/1/2019;
Article 22, Note Infoleg: by art. 2° of the Regulation No. 3/1990 of the National Institute of Statistics and Censuses B.O. 05/09/1990 is updated the amount provided for in this article, with the same for the second half calendar of 1990 in the amount of AUSTRALES SCIENTA AND SIETE MIL SETECIENTOS OCHENTA AND DOS (A 147.782,00); - Article 22, Note Infoleg: by art. 2° of the Regulation No. 25/1988 of the National Institute of Statistics and Censuses B.O. 02/09/1988 the amount provided for in this article is updated, with the same for the second half of the 1988 calendar in the amount of AUSTRALES DOSCIENTOS CINCO (A 205,00).