Relevant Legislation

1. Statistical Information System of Macao (Decree-Law no. 62/96/M)

Decree-Law no. 62/96/M
of October 14, 1996
(Unofficial translation, for reference only)

In order to enhance the response of provision of statistical information beneficial to the local economic and social development, it is necessary for reform of the operation foundation of the Statistical Information System of Macao (SIEM) after nearly twelve years of establishment.

In addition, in order to observe the basic principles of official statistics recommended internationally, this Decree is set to set out appropriate sanctions which shall embody the principle of technical and purpose coordination, and safeguard the confidentiality and secrecy of statistics. As for the organization of SIEM, the responsibilities and representativeness of the Consultative Committee of Statistics shall be broadened so as to make the operation regulations of the Committee more easily understandable and to simplify the qualifying formalities and procedures for the organizations with authority to perform statistics.

As such, after seeking advice from the Consultative Committee, the Governor, in accordance with Item one of Article 13 under the Organization Statue of Macao, proclaims the following legally binding articles in Macao:
Chapter I
General Rules
Article 1
(Statistical Information System of Macao)

The Statistical Information System of Macao (also known as SIEM) shall ensure to obtain the statistical information conducive to the social and economic development of Macao.

Chapter II
Composition and Principles of SIEM
Article 2
(Organization)

1. The organizations within SIEM shall be:
a. Consultative Committee of Statistics (also known as CCE);
b. Organization of statistics compilation;
c. Statistical organizations with authority;
2. Organizations of statistics compilation shall be:
a. Statistics and Census Service (also known as DSEC);
b. Monetary Authority of Macao (also known as AMCM).
3. DSEC, being the major organization of statistics compilation under SIEM, shall be the entity coordinating all the statistical activities in Macao.

Article 3
(Principles)

SIEM observes the following principles:
a. Technical autonomy;
b. Technical and purpose coordination;
c. Statistical supervision;
d. Statistical confidentiality;
e. Statistical authority;
f. Decentralization.

Article 4
(Technical Autonomy)

1. The technical autonomy is exemplified by the authority granted to the organizations of statistics compilation and organizations with authority under SIEM as follows:
a. With total independence to establish any scientific methods, concepts, definitions and terminology, as well as to establish any statistical information compiled to all users (public or private entities or individuals).
2. The organizations of statistics compilation and the organizations with authority under SIEM shall enjoy technical autonomy when performing their functions.

Article 5
(Technical and Purpose Coordination)

1. Public entities and organizations with functions of public interests shall obtain prior permission from DSEC when issuing questionnaires or other forms of instruments for recording primary information. The qualitative and quantitative statistics obtained from such questionnaires or instruments shall be published in any form thereafter. DSEC shall register the questionnaires or instruments before granting permission.
2. The regulations and procedures for registration of the questionnaires or instruments for recording primary information shall be approved via dispatch by the Governor after consulting the opinion of CCE, and announced in the Official Gazette within 120 days from the day this Decree becomes effective.

Article 6
(Statistical Supervision)

Only the official statistical information, qualitative and quantitative, pertaining to the functions of the public entities or organizations with functions of public interests, referred to in Item 1 of the above Article, shall be released by these entities or organizations with prior permission from DSEC.

Article 7
(Statistical Confidentiality)

1. The purpose of statistical confidentiality is to safeguard citizens' privacy, preserve the competition among participants of economic activities, and secure the trust of information providers in the system of statistics.
2. All statistical information of private individuals gathered by the organizations of statistics compilation is confidential in nature and :
a. The identification of the information provider must not be specifically mentioned in any publication nor supplied to any person or entity. In addition, any evidence in connection with the information must not be released;
b. All employees of the organizations of statistics compilation under SIEM, regardless of the form of connection with the organizations, must keep the information obtained on duty confidential;
c. Must not be the object of ordered or approved examination by any court, organizations or authorities.
3. The regulations of statistical confidentiality shall be approved via dispatch by the Governor after consulting the opinion of CCE, and announced in the Official Gazette within 120 days from the day this Decree becomes effective.

Article 8
(Exceptions)

1. The above article is not applicable under the following circumstances:
a. Disclosure is mandated by law;
b. The written permission clearly indicating disclosure of information has been obtained from the person or entity concerned;
c. The information concerning the natural person or legal person involved in the litigation of statistical violation.
2. Unless otherwise stipulated by law, all the information relating to the public administration is not bound by statistical confidentiality.

Article 9
(Statistical Authority)

1. In order to perform their duties, the organizations of statistics compilation shall request all authorities, organization or institutions, and all natural persons in Macao or all legal persons with activities in Macao to provide necessary information within a specified period.
2. The above does not apply when the information relates to the political and religious belief within the protection of the privacy act, and when the information pertains to the behaviours which the law stipulates otherwise.

Article 10
(Decentralization)

The functions of the organizations of statistics compilation are to record, analyze, compute, organize and disseminate statistical information and shall delegate any of these functions to other public entities via order.

Chapter III
Organization of SIEM
Section 1
Consultative Committee of Statistics
Article 11
(Nature)

CCE is the organization which provides consultation and assistance for the organizations of statistics compilation in guiding and coordinating SIEM.

Article 12
(Composition)

1. CCE, chaired by the Director of DSEC, consists of the following members:
a. One representative from DSEC;
b. One representative from AMCM;
c. Representative from each of the organizations with authority to perform statistics;
d. A maximum of seven representatives from the functional areas of the local administration designated by the Governor via dispatch;
e. A maximum of seven representatives from the associations recommended by the Chairman of CCE and designated by the Governor via dispatch. These associations must be highly regarded and important in the local territory.
2. Based on the recommendation of the Director of DSEC and approval of the Governor via dispatch, the number of members of CCE may be increased to include representatives from private organizations or entities.
3. At the first plenary session after this Decree becomes effective, the Chairman shall, among all the members of CCE, nominate and appoint a Deputy Chairman who shall deputize the Chairman in case of his/her absence or inability to administer the office.
4. The service periods of the members or deputies of CCE shall be two years and may be renewed for the same length of period upon expiry.

Article 13
(Capacity)

The capacity of CCE is defined as follows:
a. To review and discuss the main course of action for production of statistical information;
b. To comment on the plans and procedures laid down by the organizations of statistics compilation;
c. To follow up the activities of SIEM, comment on the draft of the legislation or regulations related to the activities, propose measures beneficial to the improvement of SIEM, and comment on the matters referred by the organizations of the statistics compilation;
d. To suggest or recommend regulations and guidelines for avoiding duplication of statistics in terms of registration, computation and publication, and encourage the use of data from administrative activities for preparation of statistics;
e. To encourage the use of terminology of statistics, common definitions and concepts by organizations of statistics compilation, public and private entities, and make recommendations such that the terminology, definitions and concepts are up to international standard;
f. To monitor the compliance with statistical confidentiality;
g. To propose delegation of authority from organizations of statistics compilation to other public entities, or termination of delegation of authority;
h. To approve internal regulations.

2. Organization Structure of Statistics and Census Service (Decree-Law no. 61/96/M)

Decree-Law no. 61/96/M
of October 14, 1996
(Unofficial translation, for reference only)
In view of the general awareness of the importance for complete, reliable and timely statistics, the needs for local statistical services from public entities as well as private organizations have been riding.
The existing organization structure, stipulated in Decree 74/87/M of 31st December, will be amended to meet the changing requirements of the Statistical Information System of Macao (also known as SIEM).
Under the new structure, advanced technology will be used to collect, process and analyze and disseminate information with an aim to broaden and enrich the statistical coverage, enhance coordination and improve administration and management efficiency.
Therefore, it is necessary to introduce specific regulations to conducting training of statistics and information management, as well as to introduce a new structure and revised personnel organization to the Statistics and Census Service (also known as DSEC) so as to ensure efficiency, stability and continuity in the statistical activities.
As such, after seeking opinions from the Consultative Council:
The Governor of Macao, according to Item one under article 23 of the Organization Statue of Macao, proclaims the following legally binding articles:
Chapter I
(General Rules)
Article 1
(Nature and Responsibilities)

1. The Statistics and Census Service is a public administrative institution responsible for guiding, coordinating, integrating, executing and supervising all local statistical activities.
2. The duties of DSEC are:
a. To produce qualitative and quantitative statistics of demography, society, economy and environment;
b. To study, establish and supply methods to produce, integrate and analyze statistical information;
c. To coordinate all statistical, technical and target-oriented within the SIEM;
d. To supervise the compliance with the regulations of statistical activities and impose appropriate penalties if required;
e. To coordinate and centralize the provision of official statistical information of Macao to overseas and international entities;
f. To design and implement special statistical projects for other entities;
g. To promote appropriate administrative activities of statistics conducive to SIEM;
h. To provide vocational training on statistics and information management for its own staff as well as personnel from other public and private entities involved in statistics;
i. To render assistance concerning statistics to other public and private entities. The related regulations will be established in due course;
j. To cooperate with official statistical entities of the Republic of Portugal, the People's Republic of China and other overseas and international statistical organizations.

Chapter II
(Organization and Subsidiary Units)
Article 2
(Structure)

1. DSEC is a services department, under the leadership of one Director assisted by two Deputy Directors.
2. To fulfil its responsibilities, DSEC comprises the following units:
a. Department of Statistical Coordination and Integration (DCIE);
b. Department of Industrial, Construction and External Trade Statistics (DEICCE);
c. Department of Services and Prices Statistics (DESP);
d. Department of Demographic, Social and Employment Statistics (DEDSE);
e. Department of Computer and Information (DSII);
f. Division of Promotion and Dissemination of Information (DPDI);
g. Division of Administration and Finance (DAF).

Article 3
(Capacity of Director)

The capacity of Director is defined as follows:
a. To lead DSEC and represent it locally and overseas;
b. To submit activity and budget plans of DSEC for review by the Consultative Committee of Statistics (also known as CCE) and subsequent approval by authorities concerned;
c. To exercise the authority entitled, assigned and warranted by law.

Article 4
(Capacity of Deputy Director)

The capacity of Deputy Director is defined as follows:
a. To assist the Director;
b. To deputize the Director in case of his/her absence or inability to administer the office;
c. To exercise the authority entitled, assigned and warranted by law.

Article 5
(Department of Statistical Coordination and Integration)

1. The responsibilities of DCIE are defines as follows:
a. In collaboration with other units of DSEC, to perform qualitative analysis on socio-economic situation and structure based on available official statistical indicators;
b. To provide assistance to other units in preparing and conducting sampling survey, especially in defining samples, making inference and estimation from sample error and performing observation;
c. To coordinate the establishment and management of the terminology of statistics, and through surveys and administrative information ensure the terminology used is consistent with international practice, and promote the use of such terminology in preparation of statistical information;
d. To set up and maintain a database for performing statistical activities, update the information therein and make it operational, such that the database is accessible throughout SIEM via appropriate media;
e. To set up a database for registering all official statistical questionnaires and provide technical supervision and guidance for the questionnaires;
f. To develop an accounting system for calculating domestic account, based on international recommendations, especially those recommended by the United Nations regarding the System of National Account;
g. To analyze the existing statistics prepared by units of DSEC or other entities involved in official statistics, with an aim to ensure the stability of this information for domestic account system;
h. To make estimation and forecast of macro-economic indicators;
i. To prepare statistics of the public administrative organizations and public financial organizations;
j. To participate in the preparation and design of statistical publications.
2. DCIE comprises the following divisions:
a. Division of Statistical Studies & Methods, whose main responsibilities are described in a) to e) and j) above.
b. Division of National Accounts, whose main responsibilities are described in f) to j) above.

Article 6
(Department of Industrial, Construction & External Trade Statistics)

1. The responsibilities of DEICCE are defined as follows:
a. To prepare and perform censuses and surveys on the excavation industry, processing industry, electricity production and distribution, water supply, civil construction and fishery;
b. To collect, analyze and codify the supporting records of external trade transactions. Such records will form the basis for compiling external trade statistics;
c. To provide detailed explanations for the application procedures of automatic data processing;
d. To participate in the design and preparation of promotional media for the statistics prepared;
e. To produce statistical indicators and provide appropriate analysis and explanations;
f. In collaboration with DCIE, to establish, utilize and update the concepts and technical terms of statistics, and provide guidance on the correct usage.
2. DEICCE comprises the following divisions:
a. Division of Industrial and Construction Statistics, whose main responsibilities are described in a) and c) to f) above;
b. Division of External Trade Statistics, whose main responsibilities are described in b) and c) to f) above.

Article 7
(Department of Services and Prices Statistics)

1. The responsibilities of DESP are defined as follows:
a. To prepare and perform censuses and surveys on service industries including hotels, restaurants or alike, tourist industry, transportation and storage industry, as well as entities providing services to enterprise;
b. To prepare and perform censuses and surveys on wholesale and retail industry;
c. To design and compile the Consumer Price Index;
d. To provide detailed explanations for the application procedure of processing the data collected;
e. To participate in the design and preparation of promotional media for the statistics prepared;
f. To produce statistical indicators and provide appropriate analysis and explanations;
g. In collaboration with DCIE, to establish, utilize and update the concepts and technical terms of statistics, and provide guidance on the correct usage.
2. DESP comprises the following divisions:
a. Division of Services Statistics, whose main responsibilities are described in a) and d) to g) above;
b. Division of Distribution and Prices Statistics, whose main responsibilities are described in b) and c) to g) above.

Article 8
(Department of Demographic, Social and Employment Statistics)

1. The responsibilities of DEDSE are defined as follows:
a. To design, coordinate and perform censuses on population and housing condition;
b. To prepare and perform surveys on natural movement and migration of the population, health, education, culture, sports, recreation, law & order, crime and environment;
c. To prepare and perform surveys on employment, wages, working conditions, social welfare and social security;
d. To provide detailed explanations for the application procedures of processing the data collected;
e. To participate in the design an d preparation of promotional media for the statistics prepared;
f. To produce statistical indicators and provide appropriate analysis and explanations;
g. In collaboration with DCIE, to establish, utilize and update the concepts and technical terms of statistics, and provide guidance on the correct usage.
2. DEDSE comprises the following divisions:
a. Division of Demographic and Social Statistics, whose main responsibilities are described in a), b) and d) to g) above.
b. Division of Employment Statistics, whose main responsibilities are described in c) an d) to g) above.

Article 9
(Department of Computer and Information)

1. The responsibilities of DSII are described as follows:
a. To ensure proper management of all information systems of DSEC and provide guidance on correct operation, necessary technical support and equipment supply.
b. To introduce new information technology and suitable application so as to maximize resources utilization;
c. To analyze and design data application programs suitable for DSEC, ensure their normal operation and proper maintenance, and provide assistance for the users;
d. To set up a database for information storage and application, maintain the most current information, and ensure its preservation and security;
e. To organize and update the information contained in the database under DSII's management, and ensure its security and confidentiality;
f. To prepare the technical documents and user's manual for analysis and program designs and ensure such documents are up-to-date and accessible;
g. To participate in data registration and ensure the processing of data is continual;
h. To perform technical and economical studies on acquisition and renovation of equipment and effective support in order to satisfy the needs of DSEC in preparing and managing statistics.
2. Under the management of DSII is the Computer System Administration Sector, responsible for a, d, e, g and h above.

Article 10
(Division of Promotion and Dissemination of Information)

The responsibilities of DPDI are defined as follows:
a. To determine the characteristics and range of users of statistics and evaluate heir needs and interest, with an aim to enhance the service provided and improve the quality, presentation and accessibility of the statistical products;
b. In co-operation of other units, to publish general statistical information and ensure timely release in accordance with the coverage and sequence of the information;
c. To perform any translation required;
d. To keep the audio and video equipment, photcopiers and publication packaging equipment in good condition and initiate technical and economical studies so as to renovate such equipment to satisfy DSEC's needs;
e. To coordinate and manage the Documentation and Information Centre by keeping a registration of all publications including those obtained from exchange or purchase with an aim to provide easy access both internally and externally;
f. To provide assistance to other units in processing graphs and reproducing materials for statistical activities;
g. To design, plan and supervise any public relation activities including those concerning the promotion of DSEC as a whole.

Article 11
(Division of Administration and Finance)

1. The responsibilities of DAF are defined as follows:
a. To take charge of DSEC's human resources, accounting, general clerical duties, archiving, property and other general affairs;
b. To maintain in the information system a registration of all staff and keep it current;
c. To prepare the draft of budget plan and other related financial documents;
d. To develop a system for budget management and monitoring.
2. DAF comprises the following sections:
a. Personnel, Correspondence and Archive Section;
b. Accounts, Property and General Affairs Section.

Article 12
(Provisional Organization)

1. In case of any special impermanent projects, a Project Group shall be formed.
2. The officer-in-charge of the Project Group shall be responsible for overseeing and coordinating the project.
3. Issues relating to the project's framework, purpose, duration, budget and the officer-in-charge's payment will be subject to the Governor's institutions.
4. DSEC shall, within its responsibilities and authority, provide assistance to the Project Group as the project may pose influence on the entire public administration.

Chapter III
Statistical Training
Article 13
(Vocational Training Program of Statistics and Information Management)

1. DSEC is authorized to hold vocational training programs of statistics and information management.
2. Such training programs shall be held in conjunction with other entities so as to provide pre-job training for DSEC and other staff, especially those from deputizing entities, and to provide service quality.
3. To those who have completed the training programs and obtained passing marks in tests, certificates will be given. The format of the certificate shall be subject to the Governor's instruction.

Article 14
(Internal Training Program)

DSEC shall take an active role in organizing, or jointly with other entities specialized in vocational training, the following courses for the development of its staff:
a. Introductory statistics, aiming o provide basic knowledge of the methods and procedures of conducting statistical activities;
b. Supplementary statistics, aiming to provide knowledge of descriptive statistics including general concepts, planning and design of statistical activities and coordinating techniques;
c. Preparatory courses for launching censuses and surveys, aiming to provide the working knowledge, especially basic interviewing skills, for the data collectors.

Chapter IV
Personnel
Article 15
Organization

The organization of DSEC's employees are detailed in table 1 attached, which is an integral part of this Decree.

Article 16
Governing System

The employees of DSEC shall be governed by the general rules and regulations applicable to the employees of the Macao public administration.

Chapter V
Final and Transitional Rules
Article 17
(Transfer of Personnel)

1. The directors and chiefs of DSEC shall be transferred to the position listed in Table 2 attached, which is an integral part of this Decree.
2. The other employees within the organization of DSEC shall be transferred, n accordance with the original positions, ranks, and grades, to the corresponding positions listed in Table 1 of this Decree.
3. For employees outside of the organization, the legal status of their original positions shall remain unchanged.
4. The personnel transfer specified above is based on the name list approved by the Governor. Other than publishing in the Official Gazette, no other formalities are required.
5. For all legal effects, the length of service of the employees referred to in this Article prior to the transfer shall be counted thereafter.

Article 18
(Entrance Examination)

The entrance examinations held before this Decree becomes effective shall till be valid.

Article 19
(Expenditure)

The expenditure incurred in relation to the execution of this Decree shall be borne by the budget surplus of DSEC and grants from the Finance Services Bureau for this purpose.

Article 20
(Revocation)

Article 29 to 65 under Decree 74/87/M date 31st December and Order 46/90/M dated 19th February are revoked.

Article 21
(Effectuation)

This Decree shall become effective on the first day of the month after proclamation.

Examined and approved on 8thOctober 1996.
I hereby order proclamation of this Decree.
Vasco Rocha Vieira, the Governor

3. Organization Structure of Statistics and Census Service (Order 81/99/M)

Order 81/99/M
15th March
(Unofficial translation, for reference only)
Due to the incompatibility of functions arising from the Staff Organization of Statistics and Census Service listed in Table 1 of Decree-Law no. 61/96/M dated 14th October, amendment is necessary, in order for a more efficient allocation in terms of management of human resources, assignment of functions and in particular production of statistics.
After seeking opinions from the Consultative Committee:
The Governor, exercising the authority conferred in Item 1b) of Article 16 of the Organization Statue of Macao, commands:
The one article: the ranking of Statistics Technician, Technician, Census and Survey Agent, and Assistant to Technician listed in Table 1, Staff Organization of Statistics and Census Service, of Decree-Law no. 61/96/M dated 14th October, is amended to the table attached.
Macao Government, 10th March, 1999.
I hereby order proclamation.
Vitor Rodrigues Pessoa, Governor

4. Registration of Questionnaires or Instruments for Recording Primary Information (Dispatch 220/GM/99)

Dispatch 220/GM/99
(Extract)
(Unofficial translation, for reference only)
Application for registration of questionnaires or instruments for recording primary information must be submitted to Statistics and Census Service (DSEC) for approval. The application must include the following information:
The purpose and reasoning of the activity;
The questionnaire or instrument for recording primary information;
A detailed plan of the survey
Based on the information submitted, DSEC may exercise its discretion to grant registration taking into consideration whether there is any duplication with existing questionnaires or instruments already registered, and whether the technical aspect of the questionnaires or instruments are up to standard.
Questionnaires are those issued by the organizations of statistics compilation or the organizations with authority to perform statistics within the Statistical Information System of Macao, whereas instruments for recording primary information are those issued by other entities including public entities and entities with functions of public interests.
Upon registration, DSEC shall indicate on the questionnaire or instrument its classification and whether response is compulsory, as well as a registration number and validity. Response to questionnaires as defined above is compulsory. However, any person may legally

5. Confidentiality of Statistics and Approval of Official Statistics Dissemination (Dispatch 242/GM/99)

Dispatch 242/GM/99
(Extract)
(Unofficial translation, for reference only)
All employees of the Statistical Information System of Macao (SIEM) and all public entities who have participated in any way in any part of the statistical activities of SIEM must not disclose to any third party any individual statistical information obtained thereby nor use the information for non-statistical purposes.
It is the responsibility of the persons in charge of the stages from data collection, manual processing of questionnaires, electronical processing of questionnaires to dissemination of information to lay down necessary measures and procedures to ensure the individual statistical information is protected, properly stored and destroyed, not being tampered with and not being lost in transit, and the identification of the information providers is not disclosed directly or indirectly upon information dissemination.
Any person in violation of statistical confidentiality will be subject to civil and disciplinary liabilities according to the general regulations and will be subject to criminal liabilities according to Article 189 of the Penal Code of Macao.
In addition, to further safeguard statistical confidentiality, it is required that a related topic must be included in the agenda of the ordinary meetings of Consultative Committee of Statistics (CCE). The organizations within SIEM shall submit a report to CCE for this purpose.
Before disseminating any information as official, entities with authority to perform statistics or entities outside the organizations of statistics compilation of SIEM must have their questionnaires or instruments for recording individual primary information registered with DSEC, and submit an application along with a proposed publication plan, any difficulties foreseen when the statistical activity is performed and corresponding solutions, and expected accuracy of the result for DSEC's approval.
DSEC may then exercise its discretion to grant approval of information dissemination, taking into consideration of the technical aspect of the statistical result, compliance with statistical confidentiality and validity of the registration of questionnaires or instruments for recording individual primary information.