Circular No. 27/2016/TT-BXD dated December 15, 2016 of the Ministry of Construction prescribing a number of Articles of the Decree No. 117/2015/ND-CP dated November 12, 2015 of Government on establishment, management and use of housing and real estate market information system

THE MINISTRY OF CONSTRUCTION

Circular No. 27/2016/TT-BXD dated December 15, 2016 of the Ministry of Construction prescribing a number of Articles of the Decree No. 117/2015/ND-CP dated November 12, 2015 of Government on establishment, management and use of housing and real estate market information system

Pursuant to the Law on statistics dated November 23, 2015;

Pursuant to the Government s Decree No. 117/2015/ND-CP dated November 12, 2015 on establishment, management and use of housing and real estate market information system;

Pursuant to the Government s Decree No. 62/2013/ND-CP dated June 25, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Construction;

At the request of Director of the Institute of Construction Economics;

Minister of Construction promulgates a Circular prescribing a number of Articles of the Decree No. 117/2015/ND-CP dated November 12, 2015 of Government onestablishment, management and use of housing and real estate market information system

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular provides for certain contents on determination of statistical indicators, provision, collection, processing, updating, storage, management, security, disclosure and use of information and data included in the housing and real estate market database as regulated in the Government s Decree No. 117/2015/ND-CP dated November 12, 2015 on establishment, management and use of housing and real estate market information system (hereinafter referred to as the Decree No. 117/2015/ND-CP).

Article 2. Subject of application

This Circular applies to agencies and entities involved in the establishment, management and use of housing and real estate market information system.

Article 3. Legality of housing and real estate market database

1. The legality of the information and data checked, processed and updated as regulated on the housing and real estate market database shall be same with that of paper-based documents.

2. If there is a difference between the information or data on the housing and real estate market database and that of paper-based documents, the paper-based documents are considered to have full legality.

Chapter II

STATISTICAL INDICATORS IN THE FIELD OF HOUSING AND REAL ESTATE MARKET

Article 4. List of statistical indicators on housing and real estate market database

1. National statistical indicators in the field of housing and real estate market:

a) Construction floor area of completely-built dwelling houses;

b) The number of dwelling houses, total area of currently existing and used dwelling houses;

c) Average floor space of dwelling house per capita;

d) Real estate price index;

2. Sector statistical indicators in the field of housing and real estate market:

a) Total project houses of which the construction has been started shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

b) Total dwelling houses completely built during the year shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

c) Total area of project houses completely built during the year shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

d) Total social houses and total area of social houses completely built during the year shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by form of transaction: sale, lease purchase, lease;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

dd) The number of real estate transactions through trading floor shall be aggregated as follows:

- Classified by types of real estate: apartment building, detached house, land, office, commercial and service premises;

- Classified by form of transaction: sale, purchase, and lease;

- Classified by administrative division: central-affiliated city/ province.

e) Transaction price index of certain types of real estate shall be aggregated as follows:

- Classified by types of real estate: apartment building for sale, detached house for sale, land for transfer, and office for lease;

- Classified by administrative division: central-affiliated city/ province.

g) Trade volume index of real estate shall be aggregated as follows:

- Classified by types of real estate: apartment building for sale, detached house for sale, land for transfer, and office for lease;

- Classified by administrative division: central-affiliated city/ province.

Article 5. Collection, aggregation and updating of statistical indicators in the field of housing and real estate market

1. The national statistical indicators in the field of housing and real estate market specified in Clause 1 Article 4 of this Circular shall be collected and aggregated by the General Statistics Office of Vietnam in conformity with regulations of the Law on statistics. After these statistical indicators have been announced by the central statistics agency, the Ministry of Construction shall update such statistical indicators on the housing and real estate market database.

2. The Ministry of Construction shall periodically aggregate sector statistical indicators in the field of housing and real estate market specified in Clause 2 Article 4 of this Circular (excluding transaction price index of certain types of real estate) for the whole country and update them on the housing and real estate market database according to indicators collected, aggregated and calculated by Provincial Departments of Construction in conformity with regulations in the Appendix I hereof.

3. Each Department of Construction shall preside over and coordinate with the statistics agency and other relevant agencies and organizations in the province in collecting, aggregating and calculating indicators specified in Clause 2 Article 4 of this Circular for updating the local housing and real estate market database. Research institutions, training institutions, professional associations and/ or enterprises operating in the field of construction or real estate may be hired to collect, aggregate and calculate the said indicators, if necessary. The entity that is hired to collect, aggregate and calculate statistical indicators must be responsible for the faithfulness and objectiveness of data provided.

Department of Construction shall consider and evaluate the conformity of statistical indicators collected, aggregated and calculated by hired entities with the local actual development.

4. Schedule for collecting, aggregating and calculating sector statistical indicators in the field of housing and real estate market:

a) Statistical indicators specified in Points a, b, c, d, dd Clause 2 Article 4: collect and aggregate data from 2017 in all provinces and central-affiliated cities;

b) Statistical indicators specified in Points e and g Clause 2 Article 4:

- Provinces and central-affiliated cities specified in the Appendix II enclosed to this Circular shall collect figures and data about the volume, price and weights in the base period in 2017;

- Central-affiliated cities specified in Group 1 of the Appendix II enclosed to this Circular shall collect, aggregate and calculate statistical indicators as from January 01, 2018;

- Provinces specified in Group 2 of the Appendix II enclosed to this Circular shall collect, aggregate and calculate statistical indicators as from January 01, 2019.

Other provinces are encouraged to collect and calculate statistical indicators for announcing and updating on the local housing and real estate market database.

5. Expenditures on collection, aggregation and calculation of statistical indicators of each province shall be covered by state budget annually allocated to that province. Department of Construction shall make plan and estimate of costs for the said works, and submit it to the Provincial-level People’s Committee for approval and implementation.

Chapter III

PROVISION, COLLECTION, UPDATING, PROCESSING, STORAGE, MAINTENANCE AND SECURITY OF HOUSING AND REAL ESTATE MARKET INFORMATION AND DATA

Article 6. Provision of housing and real estate market information and data by agencies and organizations

The provision of information and data by agencies and organizations prescribed in Clause 10 Article 13 of the Decree No. 117/2015/ND-CP shall be performed as follows:

1. Information and data provided through the electronic information network must be sent from an electronic account granted by the database management agency.

2. The information and data provided in writing must be certified by the authorized person of the providing agency/ organization (by affixing the official seal or using digital signature), enclosed with data files. Particularly, files of information provided using prescribed templates must be sent in excel or “.ods" format.

Article 7. Detailed instructions for certain contents in templates for information provision

1. The classification of office buildings for lease into Class A, B or C should be carried out by reference to the criteria specified in the Appendix VI enclosed to this Circular. Each Provincial Department of Construction may, based on the actual situation of that province, modify or supplement the criteria stated in the said Appendix in conformity with the local market characteristics to use as the basis for aggregation and collection of data prescribed in the template No. 2 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP.

2. Area of an apartment unit of the apartment building specified in the templates stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP refers to the usable area of that apartment and is calculated in conformity with regulations in Clause 2 Article 101 of the Law on housing dated November 25, 2014. Area of detached house is calculated according to construction floor area.

3. Commercial and service premises refer to the floor area of the building used for goods trading or service provision purposes.

4. Information about the real estate trade volume prescribed in the Template No. 1 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP is aggregated from successful transactions (excluding first transactions of property newly built or established of projects).

5. Features of real estate prescribed in the Template No. 3 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP shall, depending on each type of real estate, include the following information:

a) For apartment of the apartment building: floor of apartment, number of bedrooms;

b) For detached houses: land area, building area, number of floors, and number of bedrooms;

c) For office: the number of floors of the office building, floor of the office, class of the office;

d) For commercial and service premises: the number of floors of the building, floor location, purpose of use;

dd) For land: area of the land lot, size of the land lot, quantity and the width of each adjacent road surface.

6. Address of the real estate prescribed in the Template No. 3 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP shall be actually registered address. If the registered address is not yet available, address specified in certificate of ownership of real estate or land use right certificate shall be used.

7. Classification of dwelling houses by solidity level prescribed in the Template No. 15 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP shall be performed according to instructions in the Appendix VII enclosed to this Circular.

8. Determination of demand for dwelling houses prescribed in Point b Clause 2 Article 8 of the Decree No. 117/2015/ND-CP shall be carried out on the basis of survey and evaluation figures about the number of households and individuals having demand for dwelling houses and local economic and social features. These figures may be aggregated on the basis of the annual and 05-year housing development plans formulated and given approval by provincial-level people’s committees.

Article 8. Additional collection of housing and real estate market information and data

1. Objectives and principles:

a) The additional collection of housing and real estate market information and data of a province shall be performed with respect of necessary information and data which are unavailable or have been not yet reported for timely serving the state management and meeting economic and social development needs;

b) The collected information and data must be accurate, sufficient and systematic;

c) Relevant entities must avoid the overlapping of their duties in course of additional collection of information and data. It must have a close cooperation and should take the best advantage of existing sources of information and data in collecting information and data.

2. Grounds for implementation:

a) Contents about housing and real estate market database prescribed in Articles 7, 8 of the Decree No. 117/2015/ND-CP;

b) Existing conditions of housing and real estate market database;

c) State management demand and social – economic development needs;

d) Assigned duties of competent state agencies.

3. Each Department of Construction shall, on an annual basis, propose and report to the Provincial-level People’s Committee of the additional collection of housing and real estate market information and data of province according to the following contents:

a) Objectives and requirements for collection of housing and real estate market data;

b) Types of housing and real estate market information and data which must be additionally collected to update the housing and real estate market database;

c) Duties to collect additional housing and real estate market information and data;

d) Agency in charge and cooperative agencies/ organizations in fulfilling duties;

dd) Information collection plan (including expenditure, time, personnel, and information collection process).

4. The Provincial-level People’s Committee shall base on the local actual conditions to give approval for duties and estimate of costs for the additional collection of housing and real estate market information and data.

Article 9. Updating of information and data by the database management agency

1. Steps to update information and data:

a) Receive information and data which have been verified and processed in accordance with regulations;

b) Classify information and data according to the database contents prescribed in Articles 7, 8 of the Decree No. 117/2015/ND-CP;

c) Determine locations where the information and data shall be updated in the database;

d) Update the database with collected information and data by software regulated by Ministry of Construction;

dd) Check updating results in the database system.

2. The database management agency shall be responsible for processing and updating the housing and real estate market database with the information and data provided by agencies and/or entities as prescribed within 07 working days as from the receipt of appropriate and reliable information and data.

3. Departments of Construction must complete the updating of available information and data prescribed in Article 8 of the Decree No. 117/2015/ND-CP within 06 months as from the receipt of notice of the availability of the housing and real estate market information system by the Ministry of Construction.

4. Provisions on the frequency and period for updating of certain information and data in the housing and real estate market database under the management of Departments of Construction:

a) Departments of Construction shall update information and data about persons practicing in real estate brokerage while processing their applications for issuance of practicing certificates in real estate brokerage;

b) Departments of Construction shall update information and data about real estate trading floors within 05 working days as from the receipt of notification of operation or dissolution of a real estate trading floor;

c) Each Department of Construction shall coordinate with local statistics agency in updating the local database with information and data about the number and area of dwelling houses under the ownership of the government, organizations and individuals, and those under the ownership of foreign entities according to survey period or release period of the local statistics agency;

d) With respect of information and data about the demand for each type of dwelling housing products which are aggregated on the basis of the annual and 05-year housing development plans, Departments of Construction shall update the housing and real estate market database with such information and data within 20 days as from the date on which a housing development plan is given approval by a competent agency;

dd) With respect of information and data about completed housing investment and construction projects, Departments of Construction shall formulate updating plans and complete the updating thereof within 06 months as from the receipt of notice of the availability of the housing and real estate market information system by the Ministry of Construction;

e) Departments of Construction shall update the database with statistical indicators prescribed in the templates stated in the Appendix I enclosed to this Circular according to the release period of such Statistical indicator prescribed in Clause 3 Article 17 hereof.

5. In case the infrastructure of the housing and real estate market information system fails to meet demand for updating of information, the database management agency shall be responsible for systematically receiving, processing and storing information and data provided by relevant agencies and entities in its host computer, and updating the database with such information and data when the information system is available.

Article 10. Information and data’s possession

1. Contents about the processing of information and data are prescribed in Clause 1 Article 11 of the Decree No. 117/2015/ND-CP.

2. Requirements for information and data which are entered into the housing and real estate market database:

a) With respect of housing and real estate market survey/ statistical programs, the processed information and data shall be statistical, aggregation and reporting figures submitted and stored as regulated;

b) Data obtained from regular and irregular reports by agencies and entities must be certified by the authorized persons;

c) Data obtained from surveys must be checked and verified by competent agencies.

3. The head of the agency receiving and processing information and data voluntarily given by entities shall, where necessary, establish an advisory council which is comprised of experienced managers and specialists to verify and evaluate such information and data.

4. If there is any mistake or irrationality of the provided information and data discovered in course of processing of information, the provider of such information and data must give explanation thereof and provide accurate information to the agency in charge of processing information and data.

Article 11. Storage and management of information and data

1. The agency in charge of managing the housing and real estate market database must implement management, operational and technical measures in connection with the information system in order to protect and restore the information system, services and data contents, and ensure the security of system applications and database of the information system, including security at database level, system and application level, and physical level.

2. The agency in charge of managing the housing and real estate market database shall be responsible for applying information technology to the guarantee of security of stored data in the database in terms of following aspects:

a) Physical storage: data storage devices such as computer hardware, magnetic disks or other long-term data backup systems must be not damaged;

b) Logical organization: the security of stored data must be ensured according to principles and formats of database systems in order to avoid events intentionally causing damage to logical organization units of data;

c) The security of online information must be ensured to prevent the loss of information in the database system;

d) Numerical data is stored in the host computer to prevent the illegal access by means of security system with advanced methods and techniques.

3. The agency in charge of managing the housing and real estate market database must adopt measures to ensure the integrity of information and data, conduct periodic inspection and guarantee the security of electronic information system.

4. Backup of housing and real estate market data:

a) Data stored in the housing and real estate market database must be copied and archived on data storage devices on a periodical basis and in conformity with technical, security and safety process and regulations as regulated by prevailing laws;

b) The housing and real estate market data must be copied and archived for every 07 days in accordance with regulations.

Article 12. Security policy of housing and real estate market information and data

1. The printing, duplication, photocopying, delivery, receipt, transmission, storage, management and provision of information and data must be carried out in conformity with regulations on information and data security.

2. The agency in charge of managing the housing and real estate market database shall announce specific provisions on access and updating of information and data.

3. An entity updating and using the housing and real estate market database shall be granted the right to access and update certain contents in each data component in order to ensure the strict management of right of access to information in the housing and real estate market database.

Chapter IV

USE AND ANNOUNCEMENT OF HOUSING AND REAL ESTATE MARKET INFORMATION

Article 13. Agencies in charge of providing information and data included in the housing and real estate market database

1. Ministry of Construction shall information and data included in the housing and real estate market database system.

2. Each Department of Construction shall provide information and data contained in the national housing and real estate market database and the provincial housing and real estate market database under its management.

Article 14. Use of housing and real estate market information and data through the internet/ website

1. Organizations and individuals may use the housing and real estate market information and data through the internet/ website without paying fees thereof in the following cases:

a) Using the list of housing and real estate market information and data;

b) Using the housing and real estate market information and data which are widely announced and disseminated in accordance with prevailing laws.

2. With respect of the information and data other than those prescribed in Clause 1 of this Article, the organization/ individual must register for grant of the right to access and use such information and data through the internet/ website. The agency in charge of managing the housing and real estate market database shall grant the right of access to information to the requesters that are qualified in terms of types of information and using purposes as prescribed by laws.

Procedures for registration and grant of right to use the housing and real estate market information and data through the internet/ website are as follows:

a) The organization/ individual that wants to register for grant of the right to use the housing and real estate market information and data (hereinafter referred to as the requester) shall send a request to the agency in charge of managing and providing housing and real estate market information and data (hereinafter referred to as the information provider) in any of the following forms:

- Submit a written request directly to the information provider;

- Send a request through the official correspondence channel, by fax or by post;

- Carry out online registration on the website of the information provider.

The written request shall be made using the form stated in the Appendix III to this Circular;

b) Within 03 working days as from the receipt of a valid request for grant of right to use the housing and real estate market information and data, the information provider shall notify service charges (if any) to the requester. If a request is refused, the information provider shall give a written response indicating reasons of refusal to the requester;

c) The information provider shall grant an user account for access to the information system to the requester within 07 working days as from the receipt of a valid request or from the time when the requester has paid service charges (if any);

3. A holder of the right of access to information shall discharge the following duties:

a) Access by correct account and password; not to reveal the granted account and password to the others;

b) Use information and data within the authorized scope; not to make illegal access to the housing and real estate market database; use information and data for proper purposes;

c) Manage downloaded information and data; not to provide them to other entities unless it is permitted by the agency in charge of managing the housing and real estate market database;

d) Not to illegally change, delete, remove, copy, reveal or move a part or the entire data; not to create or run a software program to cause influence or variation in the housing and real estate market database; timely report to the database management agency of any errors of provided information and data;

dd) Pay any charges of using service of providing housing and real estate market information and data as regulated by laws;

e) Comply with regulations of the Law on protection of state secrets; assume responsibility for any violations against regulations on use of information and data.

4. In case of suspension of the provision of relevant information, data and services on the internet, the information provider must:

a) Except for force majeure events, make a public notification within 07 working days before the information provider actively suspends the provision of relevant information, data and services on the internet for repairing and rectifying errors or upgrading and improving the information infrastructure. The said notification must specify the estimated time for resuming the provision of relevant information, data and services on the internet;

b) Implement measures to rectify the information system’s errors that occur in course of operation and cause influence or cessation of the provision of relevant information, data and services on the internet.

5. The provision and use of housing and real estate market information and data through the internet/ website must comply with regulations of the Law on electronic transactions, the Law on information technology and their instructional documents.

Article 15. Use of housing and real estate market information and data by sending written request

1. Procedures for provision of housing and real estate market information and data upon written request:

a) The requester shall send a written request for provision of information/ data to the information provider in any of the following forms:

- Submit a written request directly to the information provider;

- Send a written request through the official correspondence channel, by fax or by post;

- Send a request through the electronic information network.

The written request shall be made using the form stated in the Appendix III to this Circular;

b) The information provider shall receive and process written requests.

If a requester fails to comply with procedures specified in Clause 2 of this Article, the information provider has the right to refuse to provide information and data by sending a response indicating reasons of refusal within 03 working days as from the receipt of a request;

If a request for information and data is valid in conformity with regulations, the requester shall pay the prescribed charges of service of providing the housing and real estate market information and data to the information provider (if any);

c) The information provider shall prepare and provide requested housing and real estate market information and data to the requester within 07 working days as from the receipt of a valid request or from the time when the requester has paid service charges (if any);

d) The user of the housing and real estate market information and data is not allowed to copy or transfer such information and data to a third party unless otherwise agreed with the information provider.

2. The information provider may refuse to provide information and data in the following cases:

a) Contents of a written request for provision of information and data are not clear; the requested information and data may cause influence on the national security or business secrets of an enterprise, are not available in the existing database or are personal information, except for the cases where the requested information is used to serve the investigation or verification to handle violations against prevailing laws or serve the state management tasks of a competent state agency;

b) The written request has not been certified by the signature of an authorized person and the seal of organization. There is no signature, name, information or contact address of the requester on the written request for provision of information and data;

c) The requester fails to pay charges of service of providing the housing and real estate market information and data as prescribed.

Article 16. Use of housing and real estate market information and data under contracts

1. The provision of information and data which must be aggregated and processed before they are provided to the requester must be carried out under contract.

2. Entering into a contract by and between the agency in charge of managing the housing and real estate market database and an entity that wants to use the housing and real estate market information and data shall be performed in conformity with regulations of the Civil Code and relevant laws.

Article 17. Announcement of housing and real estate market information and statistical indicators

1. Each Department of Construction shall be responsible for announcing information and statistical indicators in the housing and real estate market database of that province. To be specific:

a) The following information shall be regularly updated and announced on the website of the Department of Construction:

- Legislative documents on housing and real estate market promulgated by local government intra vires;

- Information about the provincial housing development programs/ plans;

- Information about in-progress housing projects in the province;

- Information about real estate trading floors in the province;

b) Information and statistical indicators which are announced a quarter basis consist of:

- Information about the number of unsold project houses which are eligible for trading, classified by regions;

- Transaction price index of certain types of real estate and trade volume index in real estate in the province as regulated in Points e, g Clause 2 Article 4 hereof;

c) Statistical indicators announced for every 6 months: the number of real estate transactions through local trading floors as prescribed in Point dd Clause 2 Article 4 hereof;

d) The following information and statistical indicators shall be annually announced:

- Information and statistical indicators specified in Points b, c of this Clause;

- Total project houses of which the construction has been started, total dwelling houses completely built during the year, total area of project houses completely built during the year and total social houses and total area of social houses completely built during the year in the province as prescribed in Points a, b, c, d Clause 2 Article 4 hereof;

Information and statistical indicators in the provincial housing and real estate market database shall be announced using templates stated in the Appendix IV enclosed to this Circular.

2. Regulations on the announcement of information and statistical indicators in the national housing and real estate market database:

a) The following information shall be regularly announced on the website of the Ministry of Construction:

- Legislative documents on housing and real estate market promulgated by the National Assembly, the Government, Ministries and regulatory bodies intra vires;

- Information about real estate brokers as reported by local governments;

b) Statistical indicators quarterly announced: the trade volume index in real estate as prescribed in Point g Clause 2 Article 4 hereof;

c) Statistical indicators announced for every 6 months: the number of real estate transactions through trading floors as prescribed in Point dd Clause 2 Article 4 hereof;

d) The following information and statistical indicators shall be annually announced:

- The statistical indicators specified in Points b, c of this Clause;

- Total project houses of which the construction has been started, total dwelling houses completely built during the year, total area of project houses completely built during the year and total social houses and total area of social houses completely built during the year in the province as prescribed in Points a, b, c, d Clause 2 Article 4 hereof.

3. Deadline for announcement of information and statistical indicators:

a) The information and statistical indicators in the provincial housing and real estate market database shall be announced by the 20^thday of the first month of the period following the release period;

b) The information and statistical indicators in the national housing and real estate market database shall be announced by the 25^thday of the first month of the period following the release period.

4. Time for starting the announcement of information and statistical indicators:

a) The announcement of information shall commence as of July 01, 2017;

b) Sector statistical indicators prescribed in Clause 2 Article 4 hereof shall be collected, aggregated and calculated by Departments of Construction in conformity with the following regulations:

- The announcement of the statistical indicators specified in Points a, b, c, d, dd Clause 2 Article 4 shall commence as from January 01, 2018;

- The central-affiliated cities specified in Group 1 of the Appendix II enclosed to this Circular shall announce the statistical indicators prescribed in Points e, g Clause 2 Article 4 hereof as from the year 2018; the provinces specified in Group 2 of the Appendix II enclosed to this Circular shall make the announcement of such statistical indicators as from the year 2019.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 18. Responsibilities of affiliates of the Ministry of Construction

1. The Housing and Real Estate Market Management Agency shall assume responsibility before the Minister of Construction for inspecting, expediting and instructing Ministries, regulatory bodies and local governments in the whole country to establish, manage, use and update the housing and real estate market database system; take charge of receiving and aggregating the housing and real estate market information provided by Ministries, regulatory bodies and local governments, and transfer them to the Institute of Construction Economics for processing, calculation and updating of information and data; grant right to access or provide the housing and real estate market information to serve the announcement of information by Ministry of Construction; coordinate with the Information Center in formulating regulations on management and use of the housing and real estate market information system.

2. The Information Center shall preside over and coordinate with the Housing and Real Estate Market Management Agency and the Institute of Construction Economics in setting up consistent software system for managing and operating the housing and real estate market information system; establish and manage the housing and real estate market information technology infrastructure connected to those of provincial departments of construction; organize training courses in software applications; ensure the safety and security of database; formulate regulations on management and use of housing and real estate market information system.

3. The Institute of Construction Economics assumes responsibility to receive information and data provided by the Housing and Real Estate Market Management Agency, and other agencies and entities; process, update and provide housing and real estate market information and data; cooperate with the Housing and Real Estate Market Management Agency in calculating and aggregating statistical indicators and basic information about the housing and real estate market to serve the announcement of information thereof by Ministry of Construction; instruct the establishment, management, use and updating of the housing and real estate market databases of provinces; coordinate with the Housing and Real Estate Market Management Agency and the Information Center in implementing the contents prescribed in Clauses 1, 2 of this Article.

Article 19. Responsibilities of provincial-level people’s committees

Each provincial-level people s committee shall assume responsibility to:
1. Disseminate and instruct the implementation of this Circular in that province.

2. Instruct the Department of Construction of that province to:

a) Formulate regulations on management, use and updating of the provincial housing and real estate market database; regulations on safety and security of information;

b) Inspect the compliance with regulations on establishment, management, use and updating of the provincial housing and real estate market database;

c) Instruct relevant agencies and organizations in preparing and submitting prescribed reports; announce email address on its website in order that relevant entities may provide information and data as regulated;

d) Grant right of access to relevant entities in accordance with regulations;

dd) Collect information, aggregate and calculate sector statistical indicators in the field of housing and real estate market;

e) If the infrastructure of the housing and real estate market information system fails to meet demand for access or updating of information, the provincial Department of Construction shall, upon the announcement of information, send information and statistical indicators prescribed in the Appendix IV enclosed to this Circular to Ministry of Construction for monitoring and aggregation; report to Ministry of Construction of information contents using templates stated in the Appendix V enclosed to this Circular.

3. Instruct the Statistics Office in cooperating with Department of Construction to provide the housing and real estate market information and data.

4. Allocate expenditures on establishment, management and operation of the housing and real estate market database; collect and update additional information and data; calculate and announce housing and real estate market statistical indicators of province.

Article 20. Implementation effect

1. This Circular takes effect on February 01, 2017.

2. Regulations on reporting of basic information about real estate projects, reporting of construction and investment situation prescribed in Points a, b Clause 2 Article 4 and reporting of house sale, house lease, transfer of land use right and land lease prescribed in Point c Clause 2 Article 4 of the Circular No. 11/2013/TT-BXD dated July 31, 2013 by Minister of Construction providing regulations on reporting of construction, investment and trading of real estate projects; housing and real estate market statistical indicators prescribed in the Circular No. 05/2012/TT-BXD dated October 10, 2012 by Minister of Construction on promulgation of system of statistical indicators of the Construction industry (code 0301÷0308); regulations on reporting, statistics and aggregation of the construction industry with respect of housing and real estate market statistical indicators according to templates No.: 12/BCDP, 13a/BCDP, 13b/BCDP, 14/BCDP, 15/BCDP, 16/BCDP promulgated under the Circular No. 06/2012/TT-BXD dated October 10, 2012 by Minister of Construction on regulations on reporting, statistics and aggregation of the construction industry shall be null and void as of the entry into force of this Circular.

3. Any difficulties arising in the course of implementation of this Circular shall be reported to the Ministry of Construction for consideration./.

For the Minister

The Deputy Minister

Do Duc Duy

*All Appendices are not translated herein.