Decree 94/2024/ND-CP detail Law on Real Estate Business on development and management of the housing and real estate market information system and databases

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Decree No. 94/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Law on Real Estate Business on development and management of the housing and real estate market information system and databases
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Official number:94/2024/ND-CPSigner:Tran Hong Ha
Type:DecreeExpiry date:Updating
Issuing date:24/07/2024Effect status:
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Fields:Construction , Land - Housing
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THE GOVERNMENT
__________
No. 94/2024/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

____________________

Hanoi, July 24, 2024

DECREE

Detailing a number of articles of the Law on Real Estate Business on development and management of the housing and real estate market information system and databases

_________

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 Amending and Supplementing a Number of Articles of the Law on Government Organization and the Law on Organization of Local Government;

Pursuant to the Law on Insurance Business dated November 28, 2023;

Pursuant to the Housing Law dated November 27, 2023;

Pursuant to the Law dated June 29, 2024 Amending and Supplementing q Number of Articles of the Law No. 31/2024/QH15 on Land, Law No. 27/2023/QH15 on Housing, Law No. 29/2023/QH15 on Real Estate Business, and Law No. 32/2024/QH15 on Credit Institutions;

At the proposal of the Minister of Construction;

The Government hereby promulgates the Decree detailing a number of articles of the Law on Real Estate Business on development and management of the housing and real estate market information system and databases.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree details a number of articles and clauses of the Law on Real Estate Business No. 29/2023/QH15 (hereinafter referred to as the Law on Real Estate Business), including:

1. Article 72 on information technology infrastructure and software system for management, operation and utilization of the housing and real estate market information system.

2. Article 73 on the housing and real estate market database.

3. Article 74 on development, management and operation of the housing and real estate market information system.

4. Points a and b, Clause 2, Article 75 on utilization of the housing and real estate market information system.

Article 2. Subjects of application

This Decree applies to authorities, organizations and individuals involved in the development, management, and use of housing and real estate market information system.

Article 3. Interpretation of terms

1. Real estate inventory means the quantity of real estate of a project that is eligible for being put into transaction in accordance with law but has not yet been transacted in a reporting period.

2. The authorities managing the housing and real estate market information system are the Ministry of Construction and the People's Committees of provinces and municipalities. Of them, the Ministry of Construction manages the information system and the national housing and real estate market database while the People's Committees of provinces and municipalities manage the local housing and real estate market databases.

Article 4. Principles of development, management and use of the housing and real estate market information system

1. The information on housing and the real estate market shall be available in a prompt manner for State-level governance, national defense and security, to facilitate socio-economic development while being transparent and open.

2. The housing and real estate market database is developed and managed centrally and uniformly from central to local levels; is open; meets standards and regulations on databases, economic and technical norms issued by competent State authorities; ensures smooth and timely connection, sharing and provision of data with the national database and other related specialized databases.

3. The housing and real estate market database shall be strictly managed, ensuring information security, protecting state secrets, and securing personal information; ensuring convenience in utilization and use, facilitating activities in the cyberspace.

4. Information and data on housing and real estate market shall be collected fully, accurately and promptly. Before being updated into the database, it must be checked, evaluated, processed, integrated, digitized and standardized.

5. The information and data on housing and the real estate market must be developed, managed, extracted, and used for the right purposes, comply with regulations on management, connection and sharing of digital data of State authorities and law regulations on electronic transactions.

 

Chapter II

DETAILS OF HOUSING AND REAL ESTATE MARKET DATABASES

 

Section 1

DETAILS OF HOUSING DATABASES

 

Article 5. National housing data

1. The system of legal documents on housing promulgated by the National Assembly, Government, Prime Minister, ministries or sectors according to their competence.

2. Information and data on housing development programs and plans; housing support programs in localities in line with the national target program nationwide, which shall be compiled from housing data of localities as prescribed in Clause 2 and Clause 8, Article 6 of this Decree.

3. Information and data on the results of development of housing types nationwide, which shall be compiled from housing data of localities as prescribed in Clause 2, Article 6 of this Decree.

4. Information and data on housing in the population and housing census; mid-term population and housing census, which shall be compiled from Form No. 1.

5. Information and data of national housing survey and statistics programs, which shall be compiled from local housing data as prescribed in Clause 5, Article 6 of this Decree.

6. Information and data on the grant of Certificates of land use rights and ownership of property attached to land, which shall be compiled from Form No. 2.

7. Information and data on individuals who have purchased, rented, or leased-purchased social houses nationwide, which shall be compiled from housing data of localities as prescribed in Clause 3, Article 6 of this Decree.

8. Information and data on foreign organizations and individuals owning houses in Vietnam nationwide, which shall be compiled from housing data of localities as prescribed in Clause 4, Article 6 of this Decree.

9. Information and data on houses for resettlement nationwide, which shall be compiled from housing data of localities as prescribed in Clause 6, Article 6 of this Decree.

10. Information and data on existing and used official residences nationwide, which shall be compiled from housing data of localities as prescribed in Clause 7, Article 6 of this Decree.

11. Information and data on housing support programs under the national target program and other housing support programs as prescribed by the law regulations nationwide, which shall be compiled from local housing databases as prescribed in Clause 8, Article 6 of this Decree.

Article 6. Local housing data

1. The system of legal documents on housing promulgated by the local government according to its competence.

2. Information and data on housing development programs and plans, and results of development of housing types, which shall be compiled from Form No. 3, including:

a) Development of commercial houses;

b) Development of social houses, worker accommodations in industrial parks, and houses for the people's armed forces;

c) Development of official residences;

d) Development of houses for resettlement;

dd) Renovation or reconstruction of condominiums;

e) Development of combined-type houses.

3. Information and data about individuals who have purchased, rented, or leased-purchased social houses in the locality, which shall be compiled from Form No. 19.

4. Information and data on foreign organizations and individuals owning houses in Vietnam in the locality, which shall be compiled from Form No. 20.

5. Information and data from local housing survey and statistics programs, which shall be compiled from Form No. 4.

6. Information and data on houses for resettlement in the locality, which shall be compiled from Form No. 21.

7. Information and data on existing and used official residences in the locality, which shall be compiled from Form No. 22.

8. Information and data on housing support programs under the national target program and other housing support programs as prescribed by the law regulations in the locality, which shall be compiled from Form No. 23.

 

Section 2

DETAILS OF REAL ESTATE MARKET DATABASES

 

Article 7. National real estate market data

1. The system of legal documents on real estate market promulgated by the National Assembly, Government, Prime Minister, ministries or sectors according to their competence.

2. Information and data on real estate product structure; real estate eligible for transaction; transfer of real estate projects; quantity and value of transactions; real estate inventory of real estate projects nationwide, which shall be compiled from local real estate market data prescribed in Clause 2, Article 8 of this Decree.

3. Real estate market information and data on:

a) Foreign direct investments in real estate business; activities of enterprises operating real estate business lines are summarized from Form No. 5;

b) Outstanding credit for real estate business activities, which shall be compiled from Form No. 6;

c) Issuance of corporate bonds related to real estate business, which shall be compiled from Form No. 7;

d) Tax on real estate transfer activities, which shall be compiled from Form No. 8;

dd) Quantity of transactions, value of real estate transactions through notarization and certification activities, which shall be compiled from local real estate market data.

4. Information and data on organizations commercially providing real estate services nationwide, which shall be compiled from local real estate market data as prescribed in Clause 4, Article 8 of the Decree.

5. Information and data on real estate brokerage certificates nationwide, which shall be compiled from local real estate market data as prescribed in Clause 6, Article 8 of the Decree.

Article 8. Local real estate market data

1. The system of legal documents on real estate market promulgated by the local government according to its competence.

2. Information and data on real estate product structure; real estate eligible for transaction; transfer of real estate projects; quantity and value of transactions; real estate inventory of real estate projects in the locality as prescribed in Article 9, which shall be compiled from Form No. 9, Form No. 10, Form No. 11 provided in the Appendix to this Decree.

3. Real estate market information and data on:

a) Foreign direct investments in real estate business in the locality, which shall be compiled from Form No. 12;

b) Issuance of investment certificates for real estate projects in the locality, which shall be compiled from Form No. 13;

c) Quantity and value of real estate transactions through notarization and certification activities in the localities, which shall be compiled from Form No. 14;

d) Residential land for auction and residential land auctions of public investment projects on construction of housing infrastructure to auction land use rights for individuals to build their own houses, which shall be compiled from Form No. 15.

4. Information and data on organizations commercially providing real estate services registered to operate in the locality, which shall be compiled from Form No. 16 including:

a) Information about organizations commercially providing real estate exchange services;

b) Information about organizations commercially providing real estate brokerage services;

c) Information about organizations commercially providing real estate consulting and management services.

5. Information and data on the quantity and value of real estate transactions through real estate exchanges in the locality, which shall be compiled from Form No. 17.

6. Information and data on real estate brokerage certificates issued in a period, which shall be compiled from Form No. 18.

Article 9. Information with respect to real estate business projects

1. Legal information of real estate projects as prescribed in Clause 2, Clause 3, Clause 4 and Clause 5, Article 6 of the Law on Real Estate Business and Clause 2, Article 4 of Decree No. 96/ND-CP dated July 22, 2024 detailing a number of articles of the Law on Real Estate Business.

2. Information and data on the product structure by quantity and area of ​​real estate types in the projects, including:

a) Individual houses (villas, semi-detached houses, and detached houses);

b) Condominiums for residential purpose;

c) Land with technical infrastructure in real estate projects to individuals for self-construction of houses (in the form of division of residential land areas into plots for sale);

d) Commercial, service and office developments; officetels; service apartments;

dd) Tourist villas, tourist apartments;

e) Workshops, production land in industrial parks;

g) Construction works with functions serving educational, medical, sports, cultural purposes, and construction works with mixed functions.

3. Information and data on quantity and area of real estate types in the projects eligible for transaction as prescribed in Clause 2 of this Article.

4. Information and data on the progresses and transactions of the real estate projects, including:

a) Quantity and area of real estate;

b) Transaction prices of real estate;

c) Inventory of each type of real estate;

d) Information and data on real estate transfer, purchase and sale transaction contracts;

dd) Data on transfer of the projects (if any).

 

Chapter III

DEVELOPMENT, MANAGEMENT, OPERATION, DISCLOSURE, AND UTILIZATION OF THE HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM

 

Section 1

DEVELOPMENT OF THE HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM

 

Article 10. Technical information technology infrastructure

Central housing and real estate market information technology infrastructure includes: server system, workstations, network connection equipment, cyber safety and cybersecurity equipment, Internet connection system, storage equipment and other equipment.

Local housing and real estate market information technology infrastructure includes: workstations, Internet connection system and other equipment.

Article 11. Software system for management, operation and utilization of the housing and real estate market information system

1. An application for collecting, updating information and figures, and integrating data is used nationwide, available at https://bds.xaydung.gov.vn.

2. An application for disclosing and looking up information and figures, and sharing data is used nationwide, available at https://batdongsan.xaydung.gov.vn.

Article 12. Development of information technology infrastructure and software systems for management, operation and utilization of the housing and real estate market information system

1. Development of information technology infrastructure and software systems for management, operation and utilization of housing and real estate market information:

a) Establishing, upgrading and maintaining information technology infrastructure systems;

b) Developing and upgrading software systems for the management, operation and utilization of the housing and real estate market information system;

c) Providing training, coaching and further training to build the capacity of civil servants, public employees and laborers.

2. The Ministry of Construction shall organize the construction of central information technology infrastructure and software systems to collect, update information and figures, integrate data; disclose and look up information and figures, and share data.

Article 13. Development of housing and real estate market databases

1. The housing and real estate market databases shall be developed in accordance with the National E-Government Architecture Framework and local e-government architecture. The sharing of data on housing and real estate market among ministries and related sectors and localities for State-level governance and settlement of administrative procedures must comply with the Government’s regulations on management, connection and sharing of digital data of State authorities and law regulations on electronic transactions.

2. A housing and real estate market database shall be developed in accordance with Article 14, Article 15, Article 16 and Article 17 of this Decree.

Article 14. Collection of information and data

1. Sources of information and data:

a) Periodical reports prescribed in Article 15 of this Decree;

b) Specialized databases and data on housing development programs and plans;

c) Figures, results and reports of housing surveys and figures;

d) Available digitalized data on housing and real estate market.

2. Authorities managing the housing and real estate market information system shall receive the information and data shared and provided by authorities and organizations under regulations for integration into housing and real estate market databases.

3. Provincial-level People’s Committees of provinces and municipalities shall collect and update information and data on housing and real estate market in their localities to timely serve the management work and socio-economic development.

Article 15. Sharing and provision of information and data

1. The information and data shall be shared and provided online among authorities and organizations via the portal of the housing and real estate market information system (https://batdongsan.xaydung.gov.vn) using the forms provided in the Appendix to this Decree.

2. Ministries, ministerial-level authorities and sectors:

a) The General Statistics Office of Vietnam shall share and provide housing information and data: According to the figures from the general population and housing census and mid-term population and housing census using Form No. 1;

b) The Ministry of Natural Resources and Environment shall share and provide information and data on the grant of Certificates of land use rights and ownership of property attached to land, which shall be compiled from Form No. 2;

c) The Ministry of Planning and Investment shall share and provide information and data on foreign direct investments in real estate business and operations of enterprises operating real estate business lines, using Form No. 5;

d) The State Bank of Vietnam shall share and provide information and data on credit outstanding balance for real estate business activities, using Form No. 6;

dd) The Ministry of Finance shall share and provide information and data on the issuance of corporate bonds in the field of real estate business, using Form No. 7;

e) The General Department of Taxation shall share and provide information and data on taxes on real estate transfer activities, using Form No. 8.

3. People's Committees of provinces and municipalities share and provide the following information and data on:

a) Housing development programs and plans; housing support programs, using Form No. 3;

b) Foreign direct investments in real estate business in the locality, using Form No. 12;

c) Decisions on investment in real estate projects in the locality, using Form No. 13;

d) Quantity and value of real estate transactions through notarization and certification activities in the localities, using Form No. 14;

dd) Residential land for auction and residential land auctions of public investment projects on construction of housing infrastructure to auction land use rights for individuals to build their own houses, using Form No. 15;

e) Organizations commercially providing real estate services in the locality, which shall be compiled using Form No. 16;

g) Quantity and value of real estate transactions through real estate exchanges in the locality, using Form No. 17;

h) Real estate brokerage certificates already granted in a period, using Form No. 18;

i) Individuals who have purchased, rented, or leased-purchased social houses in the locality, using Form No. 19;

k) Foreign organizations and individuals owning houses in Vietnam in the locality, using Form No. 20;

l) Houses for resettlement in the locality, using Form No. 21;

m) Regarding the quantity and area of existing and used official residences in the localities, using Form No. 22;

n) Local housing support programs under the national target program as prescribed in Clause 8, Article 6 of the Decree, using Form No. 23.

4. Real estate project owners shall provide the following information and data:

a) Using Form No. 9 in cases where, before putting real estate or real estate projects into business, real estate project owners must publicly disclose and provide information about real estate or real estate projects as prescribed in: Clause 2, Clause 3, Clause 4, Clause 5, Article 6 of the Law on Real Estate Business; Article 4 of Decree No. 96/ND-CP dated July 22, 2024 detailing a number of articles of the Law on Real Estate Business and Article 9 of this Decree;

b) Using Form No. 10, in case of transfer of the whole or part of a project, the project transferee shall provide information and data on the structure of real estate transferred to the transferee; the project transferor shall modify information and data on such project;

An authority managing the housing and real estate market information system shall provide a new account and guide the account holder to log in to the system, and declare and provide information and data to the transferee;

c) Using Form No. 11, in case of declaration and provision of information and data on transactions: quantity and value of real estate transactions of projects in a reporting period.

Article 16. Receipt, processing and storage of information and data

1. Receipt of information and data:

a) The Ministry of Construction shall receive information and data from ministries and sectors as prescribed in Clause 2, Article 15 of this Decree; receive information and data from the People's Committees of provinces and municipalities as prescribed in Clause 3, Article 15 of this Decree;

b) The People's Committees of provinces and municipalities receive information and data using the following forms: No. 3, No. 12, No. 13, No. 14, No. 15, No. 16, No. 18; No. 19, No. 20, No. 21, No. 22, No. 23 from departments, sectoral authorities, districts and towns in the locality according to the assigned State-level governance functions and tasks as prescribed in Clause 3, Article 15 of this Decree; receive information and data using the following forms: No. 9, No. 10, No. 11 from project owners and Form No. 17 from real estate exchanges in the locality in accordance with Clause 4, Article 15 of this Decree.

2. Authorities managing the housing and real estate market information system shall process information and data before they are integrated and stored in housing and real estate market databases to ensure their accuracy, reasonableness and consistency. Details of information and data processing include:

a) Checking and evaluating the compliance with regulations and procedures in the collection of information and data;

b) Checking and evaluating legal bases and reliability of information and data;

c) Summarizing, arranging and classifying information and data based on their details;

d) Within 05 working days, provincial-level authorities managing the housing and real estate market information system shall examine and review the reports of authorities and organizations in accordance with this Decree before sending them to the Ministry of Construction.

3. For modification of information and data in the housing and real estate market information system. Based on written or direct requests of authorities and organizations for the modification of information and data already shared and provided, authorities managing housing and real estate market information system shall coordinate with one another in checking, reviewing, modifying, updating, and supplementing to ensure the conformity, adequacy and accuracy of, information and data.

4. For information and data updated from specialized databases, the authorities managing such specialized databases shall ensure the accuracy of the information and data.

5. Information and data on housing and real estate market shall be digitalized, stored and preserved in accordance with the law regulations on archives and specialized regulations to ensure the safety and convenience in the management, extraction and use of information.

6. Authorities and units assigned to manage housing and real estate market databases shall formulate plans on digitalization of non-digital data; and apply management, professional and technical measures for the information system to ensure the safety of digital information and data on housing and real estate market.

Article 17. Time limits for sharing and provision of information and data on housing and real estate market

1. Information and data shall be provided and shared before putting real estate and real estate projects into business, for Form No. 9.

2. Information and data, which have been shared and provided, shall be updated regularly and continuously when transactions arise, for Forms No. 9; 10; 11; 14. At the same time, data shall be finalized and forms shall be submitted to share and provide information and figures as prescribed in Clause 6 of this Article.

3. Information and data shall be shared and provided on a quarterly basis, for Forms No. 2; 5; 6; 7; 8; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23.

4. Information and data using Forms No. 3 and 4 shall be shared and provided on an annual basis.

5. Information and data using Form No. 1 shall be shared and provided on a quinquennial basis.

6. Deadlines for cutting off data and sending forms on information and data sharing and provision:

a) The Ministry of Construction shall receive information and data:

On a quarterly basis: before the 15th day of the first month of the quarter following the reporting quarter;

On an annual basis: before January 20 of the year following the reporting year;

On a quinquennial basis: after the mid-term population and housing census data is released.

b) People’s Committees of provinces and municipalities shall receive information and data:

On a quarterly basis: before the 10th day of the first month of the quarter following the reporting quarter;

On an annual basis: before January 15 of the year following the reporting year;

c) Deadline for data cutoff: The end of the last day of the reporting period.

 

Section 2

OPERATION AND MANAGEMENT OF THE HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM

 

Article 18. Organizational apparatuses for management and operation of the housing and real estate market information system

1. The Ministry of Construction shall assign appropriate civil servants and public employees to manage and operate the housing and real estate market information system at the central level; and organize professional training courses for civil servants and public employees assigned to manage and operate the housing and real estate market information system at the central level and to manage and develop databases at the local level.

2. People's Committees of provinces and municipalities shall assign appropriate civil servants and public employees to develop, update, manage, and operate the housing and real estate market database at the local level.

3. Authorities managing the housing and real estate market information system may lease information technology infrastructure and software systems for management, operation, and utilization in accordance with the law regulations on the State Budget and the law regulations on bidding.

4. The selection of organizations qualified for performing a number of jobs in the development and management of the housing and real estate market information system must comply with the law regulations on the State Budget, public investment, bidding, cyberinformation security, and cyber security, and regulations on management of information technology application investment funded with the State Budget, including:

a) Developing, and providing services of, information technology infrastructure systems;

b) Developing and providing software systems for management, operation and utilization of the information system;

c) Performing the management and operation of servers, computer appliances and computer networks, and other operations and techniques of the information system;

d) Conducting surveys to develop housing and real estate market databases.

5. Organizations selected to develop and manage the housing and real estate market information system must fully satisfy the conditions on capacity, experience, personnel, and devices, and other conditions suitable to the jobs prescribed in Clause 4 of this Article.

The selected organizations shall take responsibility before law for the jobs in accordance with this Decree and relevant regulations.

Article 19. Management of the housing and real estate market information system

1. The Ministry of Construction shall uniformly manage housing and real estate market information system nationwide.

2. The People's Committees of provinces and municipalities shall manage the databases on housing and real estate market within their respective localities.

3. The authorities managing the housing and real estate market information system shall guide the sharing, provision, collection, updating, processing, storage, preservation, extraction and use of information and data on housing and real estate market.

4. Authorities managing housing and real estate market information system shall work out and implement principles, solutions, and law regulations on cybersecurity, cyberinformation security; directly perform or assign qualified organizations to perform the management and operation of the software system, servers, computer appliances and computer networks, ensuring the operation of systems; grant and assign accounts and access rights to authorities, organizations and individuals for declaration, sharing, provision, and utilization of information and data on housing and real estate market, and revoke accounts and access rights from organizations and individuals who violate this Decree.

 

Section 3

DISCLOSURE AND UTILIZATION OF HOUSING AND REAL ESTATE MARKET INFORMATION

 

Article 20. Disclosure of information on housing and real estate market

1. General information on housing and real estate market shall be disclosed on the Portal of the housing and real estate market information system at https://batdongsan.xaydung.gov.vn.

2. The Ministry of Construction shall periodically disclose comprehensive information on housing and real estate markets nationwide:

a) On an annual basis: before February 10 of the year following the year in which the information prescribed in Clause 3, Article 5 of this Decree is disclosed;

b) On a quarterly basis: before the 25th of the first month of the quarter following the quarter on which the information prescribed in Clause 6, Article 5; Clause 2, Clause 3, and Clause 4, Article 7 of this Decree is disclosed.

3. People's Committees of provinces and municipalities shall periodically disclose comprehensive information on housing and real estate market in their respective localities:

a) On an annual basis: before January 31 of the year following the year in which the information prescribed in Clause 3 and Clause 4, Article 6 of this Decree is disclosed;

b) On a quarterly basis: before the 20th of the first month of the quarter following the quarter on which the information prescribed in Clause 2, Clause 3, and Clause 4, Article 8 of this Decree is disclosed.

Article 21. Utilization of housing and real estate market information

1. Subjects eligible for and scope of utilization and use of information and data

a) Authorities engaged in developing and maintaining housing and real estate market databases may utilize data under their management. The utilization of data on housing and real estate market beyond their management must be approved by authorities managing the housing and real estate market information system;

b) State regulatory authorities may request connection and sharing of relevant information on housing and real estate market for the State-level governance, investigation, verification, and handling of illegal acts;

c) Authorities, organizations, and individuals other than those prescribed at Point a and Point b of this Clause may request sharing and provision of insightful and detailed information on housing and the real estate market in accordance with the law regulations on access to information;

d) Authorities managing the housing and real estate market information system may not share or provide information that affects national security or trade secrets of enterprises, or personal information, unless such sharing or provision for investigation, verification, or handling of illegal acts and State-level governance of competent authorities.

2. Forms of utilization and use of housing and real estate market databases:

a) Through the Portal of the housing and real estate market information system at https://batdongsan.xaydung.gov.vn;

b) Through data sharing services in accordance with regulations on management, connection and sharing of digital data of State authorities;

c) Via request forms or written requests;

d) Under contracts between authorities managing housing and real estate market information system and parties extracting and using data on housing and real estate market in accordance with the law regulations.

3. Registration and grant of the right to extract and use information and data on housing and real estate market:

a) Organizations and individuals wishing to register for grant of the right to extract and use insightful, detailed information and data on housing and real estate market shall send a request form to authorities or units assigned to manage and provide information and data on housing and real estate market by hand-delivery; via correspondence channel or by fax or post; or via websites of providers;

b) Within no more than 07 working days after the request is received, the authority or unit assigned to manage and provide information and data on housing and real estate market shall consider granting the right to exploit and use valid information and data on housing and real estate market. In case of refusal to grant the right to extract and use information and data, they shall respond with a clear reason.

4. Those prescribed at Point c, Clause 1 of this Article, when needing to use insightful and detailed information and data on housing and real estate market, must pay the cost of providing information in accordance with law regulations on prices. The proceeds from providing information services and data on housing and real estate market shall comply with the regulations of the Minister of Finance.

 

Chapter IV

ORGANIZATION OF IMPLEMENTATION

 

Article 22. The Ministry of Construction shall:

1. Take responsibility before the Government for performing the State-level governance of the development, management and use of the housing and real estate market information system and databases.

2. Inspect, urge and guide related ministries and sectors and localities nationwide in the development, management, extraction and use of the housing and real estate market information system; to use allocated funding sources to build and upgrade information technology infrastructure systems and software systems, build databases and maintain the regular operation of the housing and real estate market information system under current regulations; to act as the focal point for receiving and summarizing information on housing and real estate market shared and provided by related ministries and sectors and localities.

3. Invest in, construct, develop or hire information technology infrastructure systems to ensure the connection with relevant ministries and sectors and localities nationwide, and formulate investment projects on the development and upgrading of software systems in service of management, operation and utilization of the housing and real estate market information system in accordance with law.

4. Organize the development and upgrading of uniform software systems for management, operation and utilization of the housing and real estate market information system; to build and upgrade information technology infrastructure systems on housing and real estate market to ensure the connection with relevant ministries and sectors and localities nationwide; to build databases, manage, and organize the operation of the central-level housing and real estate market information system; to share and provide information on housing and real estate market to authorities, organizations and individuals in accordance with law.

5. Plan and manage the use of allocated funding sources for survey, development of databases, and development, maintenance and upgrading of information technology infrastructure systems and software systems in service of the management, operation and utilization of housing and real estate market information system under current regulations.

6. Report to the Prime Minister on the development of the real estate market; to share and provide information in housing and real estate market databases for related ministries and sectors for State-level governance.

7. Disclose information on authorities, organizations and individuals violating this Decree in the housing and real estate market information system.

8. Assume the prime responsibility for, coordinate with and urge related ministries, sectors and localities in, implementing this Decree.

9. Create and hand over access accounts to ministries and sectors for sharing and providing information and data related to the housing and real estate market and administrative accounts of the housing and real estate market databases for the People's Committees of provinces and municipalities.

Article 23. Responsibilities of ministries, ministerial-level authorities and Government-attached authorities

1. They shall take accountability to the Government for collecting, sharing and providing information related to housing and real estate market as prescribed in this Decree under their management; to direct their subordinate authorities based in localities to share and provide information in accordance with this Decree.

2. The Ministry of Public Security shall coordinate in connecting and sharing data from the national population database to enrich relevant data in accordance with regulations of the Government.

3. The Ministry of Natural Resources and Environment shall coordinate in connecting and sharing data from the national land database to enrich relevant data in accordance with regulations of the Government.

4. The Ministry of Science and Technology shall appraise and declare national standards and appraise national technical regulations; support national-level scientific and technological research tasks on the development, management and use of the housing and real estate market information system.

5. The Ministry of Information and Communications shall guide, inspect and evaluate the compliance with regulations, standards and technical regulations on information technology application in the development of the housing and real estate market information system.

Article 24. People’s Committees of provinces and municipalities shall:

1. Report to the People's Councils at the same level to decide on annual funding from the local budget for investigation and information collection for development of databases, management and operation of housing and real estate market databases, and investment, maintenance and upgrading of information technology infrastructure.

2. Formulate and promulgate regulations on coordination in development of databases, sharing and providing information and data on housing and real estate market in their respective localities.

3. Summarize, report and provide information on housing and real estate market in their respective localities in accordance with this Decree.

4. Independently or through the provincial-level authorities in charge of State-level governance of real estate business:

a) Develop, manage, and update information and data into the local housing and real estate market database;

b) Create and hand over access accounts to local authorities and organizations for reporting and sharing of housing and real estate market information and data;

For real estate project owners, the access accounts shall be created and handed over immediately after competent State regulatory authorities issue investment policy decisions or approve the investment policies or approve the investments in the real estate projects;

c) Act as points of contact for receiving information related to local housing and real estate market shared and provided by authorities, organizations and individuals;

d) Share and provide information for authorities, organizations and individuals wishing to exploit and use information in accordance with law regulations;

dd) Collect, analyze, and disclose aggregated local housing and real estate market information as prescribed on the Portal of the housing and real estate market information system and the websites managed by the respective localities;

e) Guide, urge and inspect relevant departments, sectoral authorities, organizations and real estate enterprises in their respective localities to implement regulations on construction, management and use of the housing and real estate market information system and databases as prescribed in this Decree;

g) Disclose information on authorities, organizations and individuals violating this Decree on websites under local management.

5. Proactively arrange appropriate civil servants and public employees to develop, manage, operate and utilize the housing and real estate market database, depending on professional requirements and the actual situation of the respective localities, in accordance with this Decree.

6. Direct the implementation of connection and communication between the local housing and real estate market database with other relevant specialized databases.

Article 25. Responsibilities of organizations and individuals

1. Authorities, organizations and individuals shall:

a) Promptly share, report, and provide sufficient information on housing and real estate market under regulations. Take full accountability for the details and data provided and shared by them. If unable to promptly share and provide information under regulations due to force majeure events or external obstacles, to send written reports thereon, and share and provide information immediately after being able to do so;

b) To take responsibility before law for their granted accounts and for all activities performed with such accounts. If their passwords are lost or stolen or their accounts are detected to be illegally used by others, to promptly notify such to the authorities managing and operating the housing and real estate market information system;

c) To refrain from falsifying, damaging or losing information and data on housing and real estate market; or illegally seizing or destroying, or damaging information and data on housing and real estate market;

d) Refrain from taking advantage of sharing and providing information to cause harassment, seek profits or spread information in contravention of law; or obstructing the utilization and use of information on housing and real estate market under regulations;

dd) To refrain from exploiting and using information on housing and real estate market in contravention of this Decree and other regulations;

e) Refrain from sharing or providing third parties with data shared or provided by competent State authorities for utilization and use, unless such sharing or provision is permitted by competent authorities managing the housing and real estate market information system;

g) Promptly notify authorities managing housing and real estate market information system of errors in information and data they have shared or provided.

2. Authorities, organizations and individuals have the following rights to:

a) To refuse requests for sharing or provision of information and data in contravention of this Decree and relevant regulations;

b) To lodge complaints and denunciations in accordance with law when their right to exploit and use information is violated.

Article 26. Transitional provisions

In cases where the shared software system is not yet completed by the time this Decree comes into effect, authorities, organizations and individuals shall make written reports.

When the shared software system is completed, authorities, organizations and individuals shall share and provide information online in accordance with this Decree.

Article 27. Effect

1. This Decree takes effect on August 01, 2024.

Ministers, heads of ministerial-level authorities, heads of government-attached authorities and presidents of provincial-level People's Committees shall implement this Decree.

2. Decree No. 44/2022/ND-CP dated June 29, 2022 of the Government on the development, management and use of the housing and real estate market information system ceases to be effective from the effective date of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER



Tran Hong Ha

 

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