Môi giới chuyên nghiệp
Đăng xuất
|
GOVERNMENT
OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
|
No. 44/2022/ND-CP |
Hanoi, June 29, 2022 |
DEVELOPING, MANAGING AND USING HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM
Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to Law on Housing dated November 25, 2014;
Pursuant to the Law on Real Estate Trading dated November 25, 2014;
Pursuant to Law on Prevention of Money Laundering dated June 18, 2012;
At the request of the Minister of Construction;
The Government of Vietnam promulgates a Decree developing, managing and using housing and real estate market information system.
This Decree prescribes the development, management and use of the housing and real estate market system (hereinafter referred to as “the System"); responsibilities and powers of agencies, organizations and individuals in the development, management and use of the System; responsibilities and powers of agencies and organizations in connecting, sharing, publishing information and data on the System.
The Decree applies to agencies, organizations and individuals relative to the development, management and use of the System.
1. “real estate inventory” means the number of properties of a project eligible for trade in accordance with laws but not yet traded as in the reporting period.
2. The System supervisory agencies include:
a) Ministry of Construction;
b) Department of Construction or professional agencies managing houses and real estate markets at the provincial level (hereinafter referred to as “Department of Construction”).
3. Price index, trade volume index of some types of real estate
a) “Real estate trade price” means the price of property traded in a period between a project investor and a buyer.
“price index of some types of real estate” means a relative indicator (expressed as percentage) reflecting the degree of fluctuation in the successful trade price of some types of real estate specified in point a, b, c clause 3 Article 12 of this Decree over time;
b) “Real estate trade amount” means the amount of property traded in a particular period between a project investor and a real estate buyer.
“ trade volume index” means a relative indicator (in percentage) reflecting the degree of fluctuation in the successful trade amount of some types of real estate specified in point a, b, c clause 3 Article 12 of this Decree over time;
1. The System includes:
a) Database on housing and real estate market;
b) Information technology technical infrastructure on housing and real estate market;
c) Software system for management, operation and collection of information on housing and real estate market.
2. The System is developed uniformly throughout Vietnam to share and provide basic information about housing and the real estate market to agencies, organizations and individuals for the state management and publication of statistics on housing and the real estate market in order to meet requirements of socio-economic development.
Article 5. Database on housing and real estate market
1. Database on housing and real estate market is a collective of basis information and data on housing and real estate market collected, checked, evaluated, handled, digitalized, integrated and stored systematically and organizationally under files stored on technology systems, archival equipment or transmitters to be able to update, manage and collect via the information technology system in order to serve state management, socio-economic activities and ensure the right to access the information as prescribed by laws.
2. Database on housing and real estate market includes:
a) National database on housing and real estate market is a collective of information and data on housing and real estate market in the national scale consolidated from local databases on housing and real estate market and information shared and provided from national programs of investigation into housing by relative ministries and central authorities.
The Ministry of Construction of Vietnam is responsible for development, storage and management of the national database on housing and real estate market;
b) Local database on housing and real estate market is a collective of all basic information and data on housing and real estate market consolidated from the data and information of provinces and central-affiliated cities.
The People’s Committees of provinces and central-affiliate cities (hereinafter referred to as “the provincial People’s Committees”) are responsible for development, storage and management of the local database on housing and real estate market.
3. Contents of database on housing and real estate market are specifically prescribed in Chapter II hereof.
The development, management, operation and use of the system must be implemented according to the following principles:
1. The system must be developed and managed uniformly from central authorities to local authorities in compliance with national technical standards and regulations on application of information technology to state authorities to ensure scientific and advantageous operation and use of it.
2. Database on housing and real estate market must be provided promptly to serve state management, socio-economic development and national security.
3. Information and data on housing and real estate market must be collected, update, maintained and used in a manner of honesty, objectivity, publication, transparency and accessibility.4. Information and data on housing and real estate market must be operated and used for the right purposes in accordance with regulations of current laws on operation and use of information and data.
CONTENTS OF DATABASE ON HOUSING AND REAL ESTATE MARKET
Section 1. CONTENTS OF DATABASE ON HOUSING
Article 7. National database on housing
1. The system of legislative documents on housing and land that are promulgated by the National Assembly, Government of Vietnam, ministries and central authorities.
2. Data, results and reports of national programs of investigation and statistics of housing.
3. National information, data of the Program and Plan of housing development and its results are consolidated from local databases on housing prescribed in clause 3 Article 8 hereof.
4. National information and data on the fluctuation related to the management and use of housing and land are consolidated from local databases on housing prescribed in clause 4 Article 8 hereof.
Article 8. Local database on housing
1. The system of legislative documents on housing and land shall be issued under competence of local authorities.
2. Data, results and reports of local programs of investigation and statistics of housing (quantity and area of houses and population of urban and rural areas).
3. Information and data of the Program and Plan of housing development in a particular area for each following case of housing development:
a) Commercial housing;
b) Social housing;
c) Official residences;
d) Houses and land for resettlement;
dd) Houses provided under housing support policies and programs of the state.
4. Information and data on the fluctuation related to the management and use of housing and land in a particular area include:
a) Quantity and area of houses built in urban and rural areas;
b) Quantity of houses and land for which certificates of land use rights and ownership of houses and other assets on land are granted.
Article 9. Statistics on housing
1. Results of executing the Program and Plan of housing development are prescribed in clause 3 Article 8 hereof.
2. Quantity and area of houses built in urban and rural areas are prescribed in point a clause 4 Article 8 hereof.
3. Quantity of houses and land for which certificates of land use rights and ownership of houses and other assets on land are granted is prescribed in point b clause 4 Article 8 hereof.
Section 2. CONTENTS OF DATABASE ON REAL ESTATE MARKET
Article 10. National database on real estate market
1. The system of legislative documents on land shall be issued under competence of the National Assembly, Government of Vietnam, ministries and central authorities.
2. National information or data on real estate projects and their transactions thereof is consolidated from local database on real estate market as prescribed in clause 2 Article 11 hereof.
3. National information and data on tax on transfer of properties and transfer of properties via each specific real estate exchange is consolidated from local database on real estate market as prescribed in clause 3, Article 11 hereof.
4. National information or data on real estate brokerage certificates is issued in a given period and consolidated from local database on real estate market as prescribed in clause 4 Article 11 hereof.
5. Other information or data related to real estate market includes:
a) Information about credit balance for real estate trading;
b) Information about foreign direct investment (FDI) in real estate trading;
c) Information about the issuance of corporate bonds related to real estate trading.
Article 11. Local database on real estate market
1. The system of legislative documents on the real estate market shall be issued under competence of local authorities.
2. Information or data on real estate projects and their transactions in a particular area is prescribed in Article 12 hereof.
3. Information or data on transfer, purchase or sale of properties via real estate exchanges in the given area and tax on transfer of properties is prescribed in Article 13 hereof.
4. Information or data on a real estate brokerage certificate granted in a given period:
a) Number of Decision on issuance of the certificate;
b) Number of the certificate;
c) Full name, date of birth and permanent residence’s address of the person has the real estate brokerage certificate granted to.
5. Information or data on foreign direct investment (FDI) in real estate trading in the given area.
Article 12. Information and data on real estate projects
1. General information on a real estate project includes:
a) Information on the investor;
b) Information on the location;
c) Information on the project’s legality;
d) Area size of the project; total investment; detailed planning 1/500 or master planning of the project approved by a competent authority;
dd) Construction permit or notification of commencement of the project;
e) Notification of eligibility for selling houses of the project (for projects of housing).
2. Information on types of real estate project includes:
a) Project on investment in constructing housing and urban areas;
b) Project on investment in constructing commercial centers and offices for rent;
c) Project on investment in constructing eco-tourism areas, resorts and hotels;
d) Project on investment in constructing technical infrastructures of industrial zones and industrial clusters;
dd) Project on investment in constructing other properties.
3. Information and data on quantity and area of types of property includes:
a) Separate housing (villas, semi-detached houses);
b) Apartments for living;
c) Land for construction of houses (in the form of subdivision and sale of subdivisions);
d) Commercial and service premises and offices for rent;
dd) Tourist villas, tourist apartments, hotels;
e) Workshops, production land in industrial zones or industrial clusters.
4. Information and data on real estate trade situation of a project:
a) Quantity and area of properties traded in a particular period of the project;
b) Average sales price and rental price of properties traded in a particular period of the project;
c) Inventory of the project.
Article 13. Information and data on real estate transfer, purchase or sale
1. Information and data on types of property transferred or traded via a real estate exchange:
a) Information about the real estate exchange;
b) Quantity and area of property transferred or traded in a particular period via the real estate exchange;
b) Prices of property transferred, purchased or traded in a particular period via the real estate exchange.
2. Information and data on tax on transfer of some types of property prescribed in points a, b and c clause 3 Article 12 hereof:
a) Total collected tax on transfer of property;
b) Total number of property transfers and transactions in a particular area;
c) Total value of property transfers and transactions in a particular area.
Article 14. Statistics on the real estate market
1. Total real estate project to which decisions on approval for investment policies, issuance of permits for construction and beginning of construction.
2. Quantity and area of types of property of each project as prescribed in clause 3 Article 12 hereof that are eligible for business.
3. Quantity and area of types of property of each project as prescribed in clause 3 Article 12 hereof that were traded.
4. Quantity of types of property of each project as prescribed in clause 3 Article 12 hereof that are traded via a specific real estate exchange.
5. Trade price index.
6. Trade volume index.
1. The information technology (IT) infrastructure of housing and real estate market includes a set of computing equipment (host computer, servers), network-connected equipment, network and database security equipment, storage equipment, peripherals and auxiliary equipment, internal network.
2. The software system serving the operation of the system includes an operating system, database management system and applications, cybersecurity software.
3. The development and maintenance of the operation of the system includes:
a) Establishment, upgrading and maintenance of information technology infrastructure;
b) Development and upgrading of the software system in order to operate the system;
c) Organization of training and education in order to improve the capacity of officials, public employees and workers;
d) Inspection of the update and connection of database;
dd) Other activities as prescribed by laws.
Article 16. Developing a database on housing and real estate market
1. The database on housing and real estate market is developed in accordance with the Vietnam e-Government Architecture Framework, local e-Government Architecture Framework, standards of databases and regulations on techniques, information technology and economic and technical norms.
2. The database on housing and real estate market is developed and managed uniformly from central authorities to local authorities, connected with database and information on land. The share of database on housing and real estate market between relevant ministries, central authorities with local authorities serving the state management and handling of administrative procedures complies with regulations of the Government of Vietnam on management, connection and share of digital database of state agencies.
3. Information and data on housing and real estate market must be collected, declared, updated, handled and stored according to regulations specified in Articles 17, 18 and 20 hereof when developing the database on housing and real estate market.
Article 17. Collecting information and data
1. Sources of collecting information and data:
a) Periodic reports specified in Article 29 hereof;
b) Professional database, data of the Program and Plan of housing development;
c) Data, results and reports of programs of investigation and statistics of housing;
d) Available data on housing and real estate market.
2. Regulatory authorities of the system shall be responsible for receiving information and data shared and provided by authorities and organizations as prescribed to integrate into the database on housing and real estate market.
3. The Department of Construction shall propose and report the additional collection and update of local information and data on housing and real estate market to the provincial People’s Committees in order to promptly serve the socio-economic management and development and implementation organization after being approval.
Article 18. Sharing and providing information and data on housing and real estate market
The information and data shall be shared and provided online via the web portal of the system (at http://www.batdongsan.xaydung.gov.vn) and according to the set of forms prescribed in the Appendix issued herewith. To be specific:
1. The State Bank of Vietnam shall share and provide information and data on credit balance for the real estate business according to Form No.1
2. The Ministry of Planning and Investment shall share information and data on foreign direct investment (FDI) in the real estate business according to Form No. 2.
3. The Ministry of Finance shall share information and data on the issuance of corporate bonds related to the real estate business according to Form No. 3.
4. Departments of Construction shall provide information and data on:
a) Real estate brokerage certificate granted in a particular period according to Form No. 4;
b) Program and plan for housing development and results thereof; cases of housing development according to Form No. 5.
5. Departments of Natural Resources and Environment shall:
Share and provide information and data on the issuance of certificates of land use rights and ownership of houses and other assets on land according to Form No. 6.
6. Departments of Planning and Investment shall:
Share information and data on foreign direct investment (FDI) in the real estate business according to Form No. 7.
7. Tax Departments shall
Share and provide information and data on tax on the real estate transfer according to Form No. 8.
8. The district-level People’s Committees shall:
Provide information and data on the quantity and area of houses and population of urban and rural areas according to Form No. 9.
9. Investors shall:
Provide information and data on real estate projects according to the following Forms:
a) Form No. 10 in case the investors provide information and data on real estate projects and products eligible for trade in a particular reporting period.
The declaration and provision of information and data about a project, the structure of the real estate types of the project approved and appraised as a construction investment project by a competent authority shall be carried out before a notice of commencement of the project is issued or before a construction permit is issued by a competent authority to carry out the project (if any);
The declaration and provision of information and data on property eligible for trade and update of a written notice of the Department of Construction on off-plan property eligible for sale or rent must be implemented before the investor trades such property.
b) Form No. 11 in case investors accept the complete or partial transfer of projects; the investors must reamend the information and data of the projects.
Regulatory authorities of the system shall issue new accounts and provide guidance on access, declaration and provision of information and data to the investors accepting the transfer;
c) Form No. 12 in case investors declare and provide information and data on the off-plan property trade in specific reporting periods.
10. Real estate exchanges shall:
Provide information and data according to Form No. 13 to the Department of Construction where the property is traded.
1. Frequency of sharing and providing information and data:
a) Quarterly for Forms No. 1, 2; 3; 4; 6; 7; 8; 10; 11; 12; 13;
b) Annually for Forms No.5 and 9;
2. Time limit for closing data and submit Forms sharing and providing information and data:
a) The Ministry of Construction shall receive information and data:
- Quarterly before the 20th of the last month of each reporting quarter. For Form No. 01, before the 30th of the first month of the next quarter;
- Annually before the 20th of the last month of each reporting year;
b) The Department of Construction shall receive information and data:
- Quarterly before the 10th of the last month of each reporting quarter;
- Annually before the 10th of the last month of each reporting year;
c) Time limit for closing data: 05 days before the date on which each report is made.
Article 20. Processing and storing information and data
1. Receiving and consolidating information and data
The Department of Construction shall receive, consolidate and review information and data prescribed in clauses 4, 5, 6, 7, 8, 9 and 10 of Article 18; The Ministry of Construction shall receive, consolidate and review information and data prescribed in clauses 1, 2, 3 and 4 of Article 18 according to regulations in clause 2 Article 20 hereof.
2. Regulatory authorities of the system shall be responsible for processing information and data before they are integrated and stored into the database on housing and real estate market for ensuring the conformity and uniformity. Contents of processing information and data include:
a) Inspection and evaluate of the compliance of regulations in the collection of information and data;
b) Inspection and evaluation of the legal basis and reliability of information and data;
c) Consolidation, sort and classification of information and data in conformity with prescribed contents;
d) Within 05 working days, regulatory authorities of the system of provinces must inspect and review reports of authorities and organizations as prescribed in this Decree before they are submitted to the Ministry of Construction.
3. For information and data updated from a specialized database, the regulatory authority managing such specialized database shall be responsible for ensuring the accuracy of the information and data.
4. Information and data on housing and real estate market must be digitalized, stored and preserved as prescribed by laws on archives and specialized regulations for ensuring the security and convenience in managing, operating and using the information.
5. Authorities and units assigned to manage databases on housing and real estate market must have plans for digitalizing data that is not yet digital; must have managing, professional and technical measures for the information system to ensure the security of digital information and data on housing and real estate market.
Article 21. Ensuring funds for constructing, managing, operating and using the system
1. State budget funding:
a) The central budget shall ensure the construction and upgrading of information technology infrastructure systems and software systems for management, operation and exploitation; investigation, collection of information, development of databases and maintenance of the regular operation of the information system on housing and real estate market implemented by the central government;
b) The local budget shall ensure the construction and upgrading of information technology infrastructure systems for operation; investigation, collection of information, development of databases and maintenance of the regular operation of the information system on housing and real estate market implemented by the local government;
2. Other sources as prescribed by laws (if any).
3. Regulatory authorities of the housing and the real estate market information system shall be allowed to extract a part of the funding obtained from the collection of information and data on housing and the real estate market to serve the regular operation and maintenance of the housing and the real estate market information system; the extraction of a part of the funding shall comply with the regulations of laws on the state budget.
4. Funding for the construction and upgrading of information technology infrastructure systems for operation; investigation, collection of information, regular development and maintenance of the system and the management and use of the proceeds from collection and use of information and data from the database on housing and the real estate market shall comply with the regulations of laws on state budget; in case a project has used public investment capital from the state budget (if any), the laws on public investment shall be applied.
1. The Ministry of Construction shall use the system and staffs assigned to manage and operate the central system; organize training in professional skills for officials assigned to manage and operate the central and local system .
2. The Departments of Construction shall use the system and staffs assigned to make plans for organizing the system, arrange officials meeting requirements for managing and operating the local system but do not increase the staffing system and report them to the provincial People’s Committees.
3. Regulatory authorities of the system are allowed to lease information technology infrastructures as prescribed by laws on state budget and laws on procurement.
4. The selection of organizations eligible for implementation of some contents of development and management of the system as prescribed by laws on state budget, laws on public investment, laws on procurement, laws on cyberinformation security, laws on network security and regulations on management of the investment in information technology application funded by the state budget, including:
a) Development and provision of information technology infrastructure services;
b) Development and provision of software systems for management, operation and exploitation;
c) Management and operation of host computers, informatics equipment, computer networks, other operations and techniques for information systems;
d) Investigation for development of databases on housing and real estate market.
5. Organizations selected to develop and manage the system must have enough experience in operation, human resources, equipment and other requirements suitable for their assigned tasks prescribed in clause 4 this Article.
Organizations selected must be responsible before laws for their assigned tasks according to regulations herein and other relevant regulations of laws.
Article 23. Managing the system
1. The Ministry of Construction shall uniformly manage the system.
2. Local Departments of Construction shall manage the local system.
3. Regulatory authorities of the system shall provide instructions on sharing, providing, collecting, updating, processing, storing, preserving, operating and using information and data on housing and real estate market; prescribe financial regimes for collecting, updating, processing, managing, operating and using the system; ensure adequate and prompt provision of funding for development and operation of the system.
4. Regulatory authorities of the system shall develop and implement solutions for information security and safety; directly carry out or assign qualified organizations to undertake the management and operation of servers, computer equipment and computer networks and to ensure the operation of the system; grant and assign access rights to authorities, organizations and individuals to declare, share, provide information and data, operate and use information and data on housing and real estate market.
5. Upon adjusting information or data on the system:
On the basis of writing requests of authorities or organizations for adjusting information or data which is shared or provided, regulatory authorities of housing and real estate market shall be responsible for cooperation in inspecting, reviewing, adjusting, updating and adding for the purpose of ensuring the conformity, efficiency and accuracy of information and data on housing and real estate market.
Article 24. Operating and using the system
1. Regulations of laws on access to information and other relevant laws must be adhered to when operating and using the system.
2. Methods for operating and using the system include:
a) Via web portal of the system (http://www.batdongsan.xaydung.gov.vn); via Website of the Department of Construction;
b) Via a written request;
c) Via a contract between a regulatory authority of the system and an operator or user of the data on housing and real estate market as prescribed by laws.
3. Registration and assignment of privileges of operating and using information and data on housing and real estate market shall be carried out as follows:
a) An entity having demand for registration of granting privileges of operating and using the system shall send a request to an authority or unit which is assigned to manage and provide information and data on housing and real estate market (hereinafter referred to as “provider”) in person under a written document, by official dispatches, by fax or post; via provider’s website;
b) Within 07 working days after receiving the request, the provider shall consider to assign legal privileges of operating and using information and data on housing and real estate market; in case of refusal to assign the privileges, the provider must have a response with clear reasons.
4. Regulated entities and scope
a) Authorities engaged in developing and maintaining databases on housing and real estate market are allowed to operate data under their management. It must be approved by regulatory authorities of the system when operating data on housing and real estate market beyond their management;
b) State regulatory authorities are allowed to send requests for connecting and sharing information on housing and real estate market to serve state management work, investigation, confirmation and handling of violations;
c) Other authorities, organizations and individuals are allowed to send requests for sharing and providing information on housing and real estate market in conformity with regulations of laws on accessing information;
d) Regulatory authorities of the system shall not be allowed to share and provide information affecting the national security and business secret of enterprises and private information except for information used to serve investigation, confirmation and handling of legal violations and serve state management work of competent authorities.
5. Entities prescribed in point c clause 3 of this Article shall, when having demand for using the information, pay costs for operating and using information on housing and real estate market as prescribed.
Proceeds collected from services of providing information and data on housing and real estate market shall be managed and used according to regulations of laws on state budget.
Article 25. Publishing information on housing and real estate market
1. The Ministry of Construction shall periodically publish fundamental information on housing and real estate market in the national scale on the web portal of the system (http://www.batdongsan.xaydung.gov.vn) including:
a) Annual reports: before December 31 of the year in which statistics are published as prescribed in Article 9 of this Decree;
b) Quarterly reports: on the last day of the quarter in which statistics are published as prescribed in Article 14 of this Decree.
2. The provincial People’s Committees shall assign Departments of Construction to periodically publish basis information on housing and real estate market of provinces on websites of these Departments including:
a) Annual reports: before December 31 of the year on which statistics are published as prescribed in Article 9 of this Decree;
b) Quarterly reports: on the last day of the quarter in which statistics are published as prescribed in Article 14 of this Decree.
Article 26. Responsibilities of the Ministry of Construction
1. Be responsible before the Government of Vietnam performing the state management function for developing, managing and using the system.
2. Appeal to the Government of Vietnam to promulgate or promulgate within its competence legislative documents , regimes and policies on developing, managing and using the system; provide guidance to relevant agencies, organizations and individuals on details about the sharing, provision, collection, update, handling, storage, preservation, operation and use of information and data on housing and real estate market (if any). Propose the Government of Vietnam for amendments to databases on housing and real estate market.
3. Assign professional housing and real estate market management units of the Ministry of Construction to inspect, urge and guide relative ministries and central authorities and local authorities nationwide for developing, managing, operating and using the system; use capital sources allocated to develop and upgrade the IT infrastructure system and software system, develop databases on the system and maintain the regular operation thereof in compliance with current regulations; be in charge of receipt and consolidation of information on housing and real estate market which is shared and provided by relevant ministries and central and local authorities.
4. Set up a project for investment in developing and upgrading the IT infrastructure system meeting the connection with Departments of Construction, set up a project for investment in developing and upgrading the software system serving management and operation of the system as prescribed by laws.
5. Organize development and upgrading of a uniform software system for managing and operating the system; develop and upgrade an IT infrastructure system of housing and real estate market meeting the connection with Departments of Construction; develop central databases on the system, manage and operate it; share and provide information on housing and real estate market for agencies, organizations and individuals as per laws.
6. Propose programs on investigation into and statistics on housing and real estate market in multiple provinces and central-affiliated cities and appeal them to the Government of Vietnam to consider, decide and organize the implementation after being approved.
7. Prepare a plan on the use of capital sources allocated to investigate, develop databases thereof, develop, maintain and upgrade the IT infrastructure and software serving the management and operation of the system and manage it in compliance with current regulations.
8. Report the Prime Minister of Government of Vietnam on the development of real estate market; share and provide information in the database on housing and real estate market for relative ministries and central authorities serving the state management.
9. Publish agencies, organizations and individuals committing violations against this Decree on the system.
10. Take charge and cooperate with relative ministries and central and local authorities in enforcing regulations in this Decree.
Article 27. Responsibilities of other ministries, ministerial agencies and government agencies
1. Be responsible before the Government of Vietnam for collection, sharing and provision of information related to housing and real estate market prescribed in this Decree under their management; direct local agencies organized in the vertical structures to share and provide information as prescribed in this Decree.
2. Cooperate with the Ministry of Construction in connecting and sharing information from relative databases under their management, and ensure maintenance, connection and sharing of information with databases on housing and real estate market. To be specific,
a) The Ministry of Natural Resources and Environment of Vietnam shall connect and share information and data on land use planning and the grant of certificates of land use rights and ownership of houses and other land-attached assets.
b) The General Statistics Office of Vietnam shall connect and share digital information and data on the results of overall population and housing census, results of mid-term population and housing census.
3. The Ministry of Finance of Vietnam shall balance and allocate recurrent expenditures of the State budget for ministries, central authorities to develop and upgrade the IT infrastructure system, software system serving the management and operation; investigate, collect information and develop databases and maintain the regular operation of the system as prescribed in the Law on State Budget and guidelines of implementation.
4. The Ministry of Science and Technology of Vietnam shall appraise and announce national standards, and assess national technical regulations; support national scientific and technological research in development, management and use of the system.
5. The Ministry of Information and Communications shall instruct, inspect and assess the compliance with regulations and standards on application of information technology to development of the system.
Article 28. Responsibilities of the provincial People's Committee
1. Submit a report to the People's Council at the same level for decision on provision of annual funding from local budget for the investigation and collection of information serving development of databases on housing and real estate market; management and operation of the system of the province; creation, disclosure and integration of planning information into the system.
2. Assign the Department of Construction of its province to:
a) Formulate Regulations on cooperation in establishing and maintaining the information system, sharing and providing information and data on housing and real estate market in the province;
b) Organize operation of the system of information on housing and real estate market in the province;
c) Take charge and cooperate with relevant units in collecting information related to housing and real estate market in the province; receive information related to housing and real estate market in the province which is shared and provided by agencies, organization and individuals;
d) Share and provide information to agencies, organizations and individuals who wish to operate and use the information as prescribed by laws;
dd) Publish information on housing and real estate market in the province and send reports to the Ministry of Construction as per regulation;
e) Formulate and send plans for investigating, collecting, and updating information on housing and real estate market in the province to the Provincial People's Committee and implement them after the approval is granted;
g) Monitor, urge and inspect investors and real estate exchanges in terms of provision of information and data as prescribed in this Decree;
h) Publish agencies, organizations and individuals committing violations against this Decree on the e-portal managed by the Department of Construction;
i) Take charge and cooperate with relevant agencies and organizations in consolidating and counting criteria of statistics on housing and real estate market as prescribed in Articles 9 and 14 hereof to consolidate and report the Ministry of Construction and Provincial People’s Committee.
3. Provide directions for ensuring connection of databases on housing and real estate market with district-level housing management authorities in the province.
4. Promulgate a Regulation on cooperation in developing and maintaining the information system, sharing and providing information and data on housing and real estate market in the province and direct relevant units to implement the Regulation after being promulgated.
5. Direct departments to connect and share professional databases related to housing and real estate market as prescribed in this Decree under its management with databases on housing and real estate market in the province; direct connection, integration and sharing of information about the databases on land managed by local natural resources and environment agencies and direct connection, integration and sharing of information and data on planning managed by local planning agencies.
6. Allocate annual funding from the local budgets to investigate, collect information serving the development of database on housing and real estate market; manage and operate the system in the province; develop application to search information on planning via the web application, publish planning and integrate planning information into the national housing and real estate market information system.
7. Direct the Department of Construction to arrange equipment and officials develop and manage the system as prescribed in clause 2 Article 22 hereof.
Article 29. Responsibilities and entitlements of agencies, organizations and individuals
1. Agencies, organizations and individuals shall:
a) Comply with principles of developing and using information and data on housing and real estate market prescribed in Article 6 hereof and relevant regulations of competent authorities;
b) Share and provide adequate information on housing and real estate market according to regulations and on time. In case information is not shared or provided on time as prescribed due to force majeure or objective obstacles, make written reports and then share and provide information immediately after meeting adequate requirements for sharing and providing;
c) Be responsible before law for their accounts provided and be responsible for all activities done by their accounts. If a user forgot password or the password is lost or stolen or the user detects that there is someone used the user's account, must notify promptly to the agency managing and operating the system;
d) Do not falsify, damage or lose information and data on housing and real estate market; illegally occupy, destroy, damage information and data on housing and real estate market;
dd) Do not take advantage of sharing and providing information to harass, profit, or distribute information contrary to law; obstruct the operation and use of information on housing and real estate market according to regulations;
e) Operate and use information on housing and real estate market contrary to this Decree and other laws;
g) Do not share or provide data which is shared or provided by the state competent authorities to any third party for operation and use except for cases permitted by competent agencies managing the system;
h) Promptly notify agencies managing the system of in information and data shared or provided.
2. Agencies, organizations and individuals shall:
a) Refuse requests for sharing or providing information and data contrary to this Decree and other relevant laws;
b) Complain and accuse ass prescribed by laws upon operation and use of their erroneous information.
Article 30. Transitional provisions
1. If agencies, organizations and individuals are complying with Decree No. 117/2015/ND-CP dated November 12, 2015 of the Government of Vietnam on the date on which this Decree comes into force, amendments to and update of information and data must be made as prescribed in this Decree.
2. If the declaration software is still not completed and updated to the date that this Decree takes effect, Agencies, organizations and individuals shall report in writing.
1. This Decree comes into force from August 15, 2022.
2. This Decree replaces Decree No. 117/2015/ND-CP dated November 12, 2015 of the Government of Vietnam on developing, managing and using the system.
Article 32. Organizing implementation
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, relevant agencies, organizations and individuals are responsible for implementation of this Decree.
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
