Decree 44/2022/ND-CP information systems on housing and real estate market

DECREE

On the building, management and use of information systems on housing and real estate market^[1]

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

Pursuant to the November 25, 2014 Housing Law;

Pursuant to the November 25, 2014 Law on Real Estate Business;

Pursuant to the June 18, 2012 Anti-Money Laundering Law;

At the proposal of the Minister of Construction;

The Government promulgates the Decree on the building, management and use of information systems on housing and real estate market.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the building, management, exploitation and use of information systems on housing and real estate market system; responsibilities and powers of agencies, organizations and individuals for the building, management, exploitation and use of information systems on housing and real estate market; and responsibilities and powers of agencies and organizations for the connection, sharing and disclosure of information and data on information systems on housing and real estate market.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the building, management, exploitation and use of information systems on housing and real estate market.

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. Agencies managing information systems on housing and real estate market include:

a/ The Ministry of Construction;

b/ Provincial-level Departments of Construction or provincial-level specialized agencies managing housing and real estate market (below collectively referred to as provincial-level Departments of Construction).

3. Transaction price indexes and volume indexes of some types of real estate

a/ Real estate transaction price means the price of a real estate product transacted in a period between a project owner and a real estate purchaser.

Transaction price indexes of some types of real estate mean relative indicators (calculated in %) showing  the levels of chronological price fluctuations in successful transactions of the types of real estate specified at Points a, b and c, Clause 3, Article 12 of this Decree;

b/ Real estate transaction volume means the quantity of real estate products transacted in a period between a project owner and a real estate purchaser.

Real estate transaction volume indexes mean relative indicators (calculated in %) showing the levels of chronological fluctuations in the quantity of successful transactions of the types of real estate specified at Points a, b and c, Clause 3, Article 12 of this Decree.

Article 4. Information systems on housing and real estate market

1. Information systems on housing and real estate market include:

a/ Databases on housing and real estate market;

b/ Information technology infrastructure systems on housing and real estate market;

c/ Software system to serve management, operation and exploitation of information on housing and real estate market.

2. Information systems on housing and real estate market shall be uniformly built nationwide in order to share and provide basic information on housing and real estate market to agencies, organizations and individuals, serving the state management work and the publicization of statistics on housing and real estate market and meeting socio-economic development requirements.

Article 5. Databases on housing and real estate market

1. Database on housing and real estate market means a collection of basic information and data on housing and real estate market that have been collected, checked, evaluated, processed, digitized and integrated and are stored in a systematic and organized manner in the form of data files in computer systems, storage devices and information carriers so that they can be updated, managed and exploited in information technology systems to serve the state management work and economic and social activities, and guarantee the right to access to information in accordance with law.

2. Databases on housing and real estate market include:

a/ The national database on housing and real estate market, which means a collection of information and data on housing and real estate market nationwide as synthesized from local databases on housing and real estate market, information shared and provided by related ministries and sectors, and those synthesized from national housing surveys.

The national database on housing and real estate market shall be built, stored and managed by the Ministry of Construction.

b/ Local database on housing and local real estate market, which means a collection of all basic information and data on housing and real estate market collected in a province or centrally run city.

Local databases on housing and local real estate market shall be built, stored and managed by provincial-level Departments of Construction as assigned by provincial-level People’s Committees.

3. Contents of databases on housing and real estate market are provided in Chapter II of this Decree.

Article 6. Principles of building, management, exploitation and use of information systems on housing and real estate market

The building, management, exploitation and use of information systems on housing and real estate market must adhere to the following principles:

1. Information systems on housing and real estate market shall be uniformly built and managed from the central to local levels; and must comply with national standards and technical regulations on application of information technology in state agencies, and ensure scientificity and convenience for exploitation and use.

2. Databases on housing and real estate market must ensure timely satisfaction of requirements of state management, socio-economic development and national security assurance.

3. Collected, updated, maintained, exploited and used information and data on housing and real estate market must be truthful, objective, public, transparent and accessible.

4. The exploitation and use of information and data on housing and real estate market must ensure compliance with proper purposes and current regulations on exploitation and use of information and data.

Chapter II

CONTENTS OF DATABASES ON HOUSING AND REAL ESTATE MARKET

Section 1

CONTENTS OF HOUSING DATABASES

Article 7. National housing database

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

2. Figures, results and reports of national housing surveys and statistics.

3. Information and data on housing development programs and plans and results of housing development nationwide that are synthesized from local housing databases as specified in Clause 3, Article 8 of this Decree.

4. Information and data on development related to management and use of houses and residential land nationwide compiled from local housing databases specified in Clause 4, Article 8 of this Decree.

Article 8. Local housing databases

1. The system of legal documents on housing and residential land promulgated by local authorities according to their competence.

2. Figures, results and reports of local housing surveys and statistics (quantity and area of ​​houses and population in urban and rural areas).

3. Information and data on the implementation of housing development programs and plans in localities in each case of development of:

a/ Commercial houses;

b/ Social houses;

c/ Official-duty houses;

d/ Houses and residential land for resettlement;

dd/ Houses provided as support according to the State’s housing-related support policies and programs.

4. Information and data on developments related to the management and use of houses and residential land in localities, including:

a/ Quantity and area of ​​houses in urban and rural areas;

b/ Quantity of houses and residential land granted certificates of land use rights and ownership of houses and land-attached assets.

Article 9. Statistics on housing

1. Results of implementation of housing development programs and plans as specified in Clause 3, Article 8 of this Decree.

2. Quantity and area of ​​houses in urban and rural areas as specified at Point a, Clause 4, Article 8 of this Decree.

3. Quantity of houses and residential land granted certificates of land use rights and ownership of houses and land-attached assets as specified at Point b, Clause 4, Article 8 of this Decree.

Section 2

CONTENTS OF DATABASES ON REAL ESTATE MARKET

Article 10. National database on real estate market

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

2. Information and data on real estate projects and real estate transactions of all projects nationwide that are synthesized from local databases on real estate market as specified in Clause 2, Article 11 of this Decree.

3. Information and data on taxes on real estate transfer activities and real estate transfer via real estate exchanges nationwide that are synthesized from local databases on real estate market as specified in Clause 3, Article 11 of this Decree.

4. Information and data on real estate brokerage certificates nationwide issued in a period that are synthesized from local databases on real estate market as specified in Clause 4, Article 11 of the Decree.

5. Other information and data related to real estate market, including:

a/ Information on credit outstanding balance for real estate business activities;

b/ Information on foreign direct investment (FDI) in real estate business;

c/ Information on issuance of corporate bonds related to real estate business.

Article 11. Local databases on real estate market

1. The system of legal documents on real estate market promulgated by local authorities according to their competence.

2. Information and data on real estate projects and real estate transactions of projects in localities as specified in Article 12 of this Decree.

3. Information and data on real estate transfer, purchase and sale transactions via real estate exchanges in localities and those on taxes on real estate transfer activities as specified in Article 13 of this Decree.

4. Information and data on real estate brokerage certificates issued in a period:

a/ Serial numbers of the decisions to issue the certificates;

b/ Codes of the certificates;

c/ Full names, dates of birth and permanent residence addresses of the certificate holders.

5. Information and data on FDI in real estate business in localities.

Article 12. Information and data on real estate projects

1. General information on a real estate project:

a/ Information on project owner;

b/ Information on location;

c/ Legal information on the project;

d/ Area; total investment; 1:500-scale detailed plan or general plan of the project as approved by a competent agency;

dd/ Construction permit or notice of commencement of the project;

e/ Notice stating that the project is eligible to sell houses (in case the project includes houses).

2. Information on types of real estate projects:

a/ Housing construction investment projects, investment projects on construction of urban centers;

b/ Investment projects on construction of trade centers and offices for lease;

c/ Investment projects on construction of eco-tourism sites, resorts and hotels;

d/ Investment projects on construction of technical infrastructure systems of industrial parks and industrial clusters;

dd/ Other investment projects on real estate construction.

3. Information and data on the quantity and area of ​​real estate of other types, including:

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

b/ Condominiums for residential purpose;

c/ Land for construction of houses (in the form of dividing land parcels for sale);

d/ Ground areas for trade-service purpose, offices for lease;

dd/ Tourist villas, tourist apartments, hotels;

e/ Workshops, production land in industrial parks and industrial clusters.

4. Information and data on real estate transactions of a project:

a/ Quantity and area of ​​real estate transacted in the project’s period;

b/ Average sale and lease prices of real estate transacted in the project’s period;

c/ Real estate inventory of the project.

Article 13. Information and data on real estate transfer, purchase and sale transactions

1. Information and data on types of real estate already put into transfer, purchase and sale transactions via real estate exchanges:

a/ Information on real estate exchanges;

b/ Quantity and area of ​​real estate already put into transfer, purchase and sale transactions in the period via real estate exchanges;

c/ Prices of ​​real estate already put into transfer, purchase and sale transactions in the period via real estate exchanges.

2. Information and data on taxes on the transfer of some types of real estate specified at Points a, b and c, Clause 3, Article 12 of this Decree:

a/ Total tax amount collected from real estate transfer;

b/ Total number of real estate transfer, purchase and sale transactions in the locality;

c/ Total value of real estate transfer, purchase and sale transactions in the locality.

Article 14. Statistics on real estate market

1. Total number of real estate projects granted decisions on investment policy approval and construction permits, and having undergone construction commencement.

2. Quantity and area of the projects’ types of ​​real estate specified in Clause 3, Article 12 of this Decree that are eligible for being put into commercial operation.

3. Quantity and area of the projects’ types of ​​real estate specified in Clause 3, Article 12 of this Decree that have been put into transactions.

4. Quantity of the projects’ types of real estate specified in Clause 3, Article 12 of this Decree that are put into transactions through real estate exchanges.

5. Real estate transaction price index.

6. Real estate transaction volume index.

Chapter III

BUILDING OF INFORMATION SYSTEMS ON HOUSING AND REAL ESTATE MARKET

Article 15. Building of information technology infrastructure systems and software systems serving the management, operation and exploitation of information systems on housing and real estate market

1. Information technology infrastructure systems on housing and real estate market include the set of computing devices (servers, workstations), network connected devices, network and database security devices, storage devices, peripheral devices, auxiliary devices, and local area networks.

2. A software system serving the management, operation and exploitation of an information system on housing and real estate market includes an operating system, a database management system, and applied software and cyber security software.

3. The building and operational maintenance of information systems on housing and real estate development cover the following activities:

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

b/ Building and upgrading software systems for the management, operation and exploitation of information systems on housing and real estate market;

c/ Providing training, coaching and further training to build the capacity of cadres, civil servants, public employees and laborers;

d/ Inspecting and examining the updating and connection of databases;

dd/ Other activities as provided by law.

Article 16. Building of databases on housing and real estate market

1. Databases on housing and real estate market shall be built in conformity with the Vietnam E-Government Architecture Framework and local e-government architecture frameworks, ensuring compliance with database standards, standards and technical regulations on information technology, and techno-economic norms.

2. Databases on housing and real estate market shall be uniformly built and managed from the central to the local levels, and connected to land-related databases and information systems. The sharing of data on housing and real estate market among ministries and related sectors and localities to serve the state management work and settlement of administrative procedures must comply with the Government’s regulations on management, connection and sharing of digital data of state agencies.

3. The building of databases on housing and real estate market must ensure the collection, declaration, updating, processing and storage of information and data specified in Articles 17, 18 and 20 of this Decree.

Article 17. Collection of information and data

1. Sources of information and data:

a/ Periodical reports specified in Article 19 of this Decree;

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

c/ Figures, results and reports of housing surveys and statistics;

d/ Available data on housing and real estate market.

2. Agencies managing information systems on housing and real estate market shall receive the information and data shared and provided by agencies and organizations under regulations for integration into databases on housing and real estate market.

3. Provincial-level Departments of Construction shall propose and report to provincial-level People’s Committees on the collection and updating of information and data on housing and real estate market in their localities to timely serve the management work and socio-economic development, and organize the implementation thereof after their proposals are approved.

Article 18. Sharing and provision of information and data on housing and real estate market

The sharing and provision of information and data shall be performed online via the portal of information systems on housing and real estate market (http://www.batdongsan.xaydung.gov.vn) using the forms provided in the Appendix to this Decree, specifically as follows:

1. The State Bank of Vietnam shall share and provide information and data on credit outstanding balance for real estate business activities, using Form No. 1.

2. The Ministry of Planning and Investment shall share and provide information and data on FDI in the field of real estate business, using Form No. 2.

3. 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. 3.

4. Provincial-level Departments of Construction shall provide information and data on:

a/ Real estate brokerage certificates already granted in a period, using Form No. 4;

b/ Housing development programs and plans and results of housing development; and cases of housing development, using Form No. 5.

5. Provincial-level Departments of Natural Resources and Environment shall share and provide information and data on the grant of certificates of land use rights and ownership of houses and land-attached assets, using Form No. 6.

6. Provincial-level Departments of Planning and Investment shall share and provide information and data on FDI in the field of real estate business, using Form No. 7.

7. Provincial-level Tax Departments shall share and provide information and data on taxes on real estate transfer activities, using Form No. 8.

8. District-level People’s Committees shall provide information and data on the quantity and area of houses and population in urban and rural areas, using Form No. 9.

9. Owners of real estate projects shall provide information and data on real estate projects, using:

a/ Form No. 10, in case of provision of information and data on real estate projects and real estate products eligible for being put into transaction in a reporting period.

The declaration and provision of information and data on real estate projects and structure of types of real estate approved by competent authorities, and appraisal of construction investment projects shall be implemented before issuance of notices of construction commencement or before grant of construction permits by competent agencies to implement the projects (if any);

The declaration and provision of information and data on real estate eligible for being put into transaction and posting of written notices of provincial-level Departments of Construction on houses eligible for sale or lease of future houses shall be implemented before project owners put the projects’ real estate into transaction;

b/ Form No. 11, in case of transfer of the whole or part of a project, the project transferee shall provide information and data; the project transferor shall modify information and data on such project. An agency managing the information system on housing and real estate market shall grant 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/ Form No. 12,  in case of declaration and provision of information and data on real estate transactions of projects in a reporting period.

10. Real estate exchanges shall provide information and data on real estate transactions, using Form No. 13, and send them to the provincial-level Departments of Construction of localities where exists the real estate involving such transactions.

Article 19. Regimes on, and time limits for, sharing and provision of information and data on housing and real estate market

1. Regimes on sharing and provision of information and data:

a/ On a quarterly basis: To share and provide information and data, using Forms No. 1, 2, 3, 4, 6, 7, 8, 10, 11, 12 and 13;

b/ On an annual basis: To share and provide information and data, using Forms No. 5 and 9.

2. Time limits 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 20^th of the last month of a reporting quarter. For Form No. 1, before the 30^th of the first month of the subsequent quarter;

- On an annual basis: before the 20^th of the last month of a reporting year;

b/ Provincial-level Departments of Construction shall receive information and data:

- On a quarterly basis: before the 10^th of the last month of a reporting quarter;

- On an annual basis: before the 10^th of the last month of a reporting year;

c/ Time limit for data cutoff: 5 days before a reporting day.

Article 20. Processing and storage of information and data

1. Receipt and synthesis of information and data

Provincial-level Departments of Construction shall receive, synthesize and review the information and data specified in Clauses 4 thru10, Article 18; the Ministry of Construction shall receive, synthesize and review the information and data specified in Clauses 1 thru 4, Article 18 under Clause 2, Article 20 of this Decree.

2. Agencies managing information systems on housing and real estate market shall process information and data before they are integrated and stored in databases on housing and real estate market to ensure their reasonableness and consistency. Contents 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/ Synthesizing, arranging and classifying information and data based on their contents;

d/ Within 5 working days, agencies managing provincial-level information systems on housing and real estate market shall examine and review reports of agencies and organizations in accordance with this Decree before sending them to the Ministry of Construction.

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

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

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

Article 21. Assurance of funds for building, management, operation and use of information systems on housing and real estate market

1. For state budget funds:

a/ The central budget shall allocate funds for building and upgrading information technology infrastructure systems and software systems serving the management, operation and exploitation of, surveying and collecting information and building databases for, and maintaining the regular operation of, the central-level information system on housing and real estate market;

b/ Local budgets shall allocate funds for building and upgrading information technology infrastructure systems serving the operation of, surveying and collecting information and building databases for, and maintaining the regular operation of, local-level information systems on housing and real estate market.

2. Other funding sources as provided by law (if any).

3. Agencies managing information systems on housing and real estate market may deduct part of the proceeds from the exploitation of information and data on housing and real estate market to serve the operation and maintenance of the regular operation of the information systems; such deduction must comply with the law on the state budget.

4. Funds for building and upgrading information technology infrastructure systems serving the operation, surveying and collecting information and building databases for, and maintaining the regular operation of, information systems on housing and real estate market, and the management and use of the proceeds from the exploitation and use of information and data from databases on housing and real estate market must comply with the law on the state budget; for projects already using public investment funds from the state budget (if any), the law on public investment shall apply.

Chapter IV  

MANAGEMENT AND USE OF INFORMATION SYSTEMS ON HOUSING AND REAL ESTATE MARKET

Article 22. Organizational apparatuses for management and operation of information systems on housing and real estate market

1. The Ministry of Construction shall use the assigned apparatus and payroll to manage and operate the central-level information system on housing and real estate market; organize professional training and further training for personnel assigned to manage and operate information systems on housing and real estate market at the central and local levels.

2. Provincial-level Departments of Construction shall use the assigned apparatuses and payrolls to formulate plans on organization of their apparatuses and assignment of personnel so as to meet the requirements of management and operation of information systems on housing and real estate market in localities without increasing their payrolls, and report such to provincial-level People’s Committees.

3. Agencies managing information systems on housing and real estate market may hire information technology infrastructure systems in accordance with the law on the state budget and bidding law.

4. The selection of organizations qualified for performing a number of jobs in the building and management of information systems on housing and real estate market must comply with the laws 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/ Building, and providing services of, information technology infrastructure systems;

b/ Building and providing software systems serving the management, operation and exploitation of the information systems;

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

d/ Conducting surveys to build databases on housing and real estate market.

5. Organizations selected to build and manage information systems on housing and real estate market must fully satisfy the conditions on capacity, experience, personnel, and devices, and other conditions suitable to the jobs specified 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 23. Management of information systems on housing and real estate market

1. The Ministry of Construction shall uniformly manage information systems on housing and real estate market.

2. Provincial-level Departments of Construction shall manage information systems on housing and real estate market in their localities.

3. Agencies managing information systems on housing and real estate market shall guide the sharing, provision, collection, updating, processing, storage, preservation, exploitation and use of information and data on housing and real estate market; provide financial regimes in the collection, updating, processing, management, exploitation and use of information on housing and real estate market; and sufficiently and promptly ensure funds for the building and operation of information systems on housing and real estate market.

4. Agencies managing information systems on housing and real estate market shall work out and implement solutions on information security; directly perform or assign qualified organizations to perform the management and operation of servers, computer appliances and computer networks, ensuring the operation of systems; grant and assign access authority to agencies, organizations and individuals for declaration, sharing and provision of information and data, and exploitation and use of information and data on housing and real estate market.

5. In case of modification of information and data in information systems on housing and real estate market:

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

Article 24. Exploitation and use of information systems on housing and real estate market

1. The exploitation and use of information and data on housing and real estate market must comply with the law on access to information and other relevant laws.

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

a/ Via the portal of information systems on housing and real estate market (http://www.batdongsan.xaydung.gov.vn); and portals of provincial-level Departments of Construction;

b/ Via request forms or written requests;

c/ Via contracts between agencies managing information systems on housing and real estate market and parties exploiting and using data on housing and real estate market in accordance with the law.

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

a/ Organizations and individuals wishing to register for grant of the right to exploit and use information and data on housing and real estate market shall send a request form to agencies 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 7 working days after receiving the request, providers 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 exploit and use information and data, providers shall reply, clearly stating the reason.

4. Subjects eligible for and scope of exploitation and use of information and data

a/ Agencies engaged in building and maintaining databases on housing and real estate market may exploit data under their management. The exploitation of data on housing and real estate market beyond their management must be approved by agencies managing information systems on housing and real estate market;

b/ State management agencies may require connection and sharing of relevant information on housing and real estate market to serve the state management work, investigation, verification, and handling of illegal acts;

c/ Agencies, organizations and individuals other than those specified at Points a and b of this Clause may require sharing and provision of information on housing and real estate market in accordance with the law on access to information;

d/ Agencies managing information systems on housing and real estate market may not share or provide information that affects national security or trade secrets of enterprises, or personal information, unless such sharing or provision serves the investigation, verification, or handling of illegal acts and the state management work of competent agencies.

5. If wishing to use information, the subjects specified at Point c, Clause 3 of this Article shall pay fees for exploitation and use of information on housing and real estate market under regulations.

The proceeds from provision of information and data on housing and real estate market shall be managed and used in accordance with the law on the state budget.

Article 25. Disclosure of information on housing and real estate market

1. The Ministry of Construction shall periodically disclose basic information on housing and real estate market nationwide on the portal of information systems on housing and real estate market (http:/ /www.batdongsan.xaydung.gov.vn), specifically as follows:

a/ On an annual basis: before December 31 of the year of publicizing the statistics specified in Article 9 of this Decree;

b/ On a quarterly basis: the last day of the quarter of publicizing the statistics specified in Article 14 of this Decree.

2. Provincial-level People’s Committees shall assign provincial-level Departments of Construction to periodically disclose basic information on housing and real estate market in localities on portals under their management, specifically as follows:

a/ On an annual basis: before December 31 of the year of publicizing the statistics specified in Article 9 of this Decree;

b/ On a quarterly basis: the last day of the quarter of publicizing the statistics specified in Article 14 of this Decree.

Chapter V

RESPONSIBILITIES AND POWERS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE BUILDING, MANAGEMENT AND USE OF INFORMATION SYSTEMS ON HOUSING AND REAL ESTATE MARKET

Article 26. Responsibilities of the Ministry of Construction

1. To take responsibility before the Government for performing the state management of the building, management and use of information systems on housing and real estate market.

2. To submit to the Government for promulgation or promulgate according to its competence legal documents, mechanisms and policies on the building, management, exploitation and use of information systems on housing and real estate market; to provide related agencies, organizations and individuals with detailed guidance on the sharing, provision, collection, updating, processing, storage, preservation, exploitation and use of information and data on housing and real estate market (if any); to propose the Government to modify and supplement contents of databases on housing and real estate market.

3. To assign its specialized unit in charge of managing housing and real estate market to inspect, urge and guide related ministries and sectors and localities nationwide in the building, management, exploitation and use of information systems on housing and real estate market; to use allocated funding sources to build and upgrade information technology infrastructure systems and software systems, build databases and maintain the regular operation of information systems on housing and real estate market under current regulations; to act as the focal point for receiving and synthesizing information on housing and real estate market shared and provided by related ministries and sectors and localities.

4. To formulate investment projects on the building and upgrading of information technology infrastructure systems to ensure the connection with provincial-level Departments of Construction, and formulate investment projects on the building and upgrading of software systems in service of management, operation and exploitation of information systems on housing and real estate market in accordance with law.

5. To organize the building and upgrading of uniform software systems for management, operation and exploitation of information systems on housing and real estate market; to build and upgrade information technology infrastructure systems on housing and real estate market to ensure the connection with provincial-level Departments of Construction; to build databases, manage, and organize the operation of the central-level information system on housing and real estate market; to share and provide information on housing and real estate market to agencies, organizations and individuals in accordance with law.

6. To propose survey and statistics programs on housing and real estate market in multiple provinces and centrally run cities, submit them to the Prime Minister for consideration and decision, and organize the implementation thereof after such programs are approved.

7. To plan and manage the use of allocated funding sources for survey, building of databases, and building, maintenance and upgrading of information technology infrastructure systems and software systems in service of the management, operation and exploitation of information systems on housing and real estate market under current regulations.

8. To report to the Prime Minister on the development of the real estate market; to share and provide information in databases on housing and real estate market for related ministries and sectors in service of the state management work.

9. To disclose information on agencies, organizations and individuals violating this Decree in information systems on housing and real estate market.

10. To assume the prime responsibility for, coordinate with and urge related ministries, sectors and localities in, implementing this Decree.

Article 27. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. To take responsibility before the Government for collecting, sharing and providing information related to the field of housing and real estate market as specified in this Decree under their management; to direct their subordinate agencies based in localities to share and provide information in accordance with this Decree.

2. To coordinate with the Ministry of Construction in connecting and sharing information from relevant databases under their management, and concurrently ensure the maintenance, connection and sharing of information with databases on housing and real estate market, specifically as follows:

a/ The Ministry of Natural Resources and Environment shall connect and share information and data on land use master plans; and the grant of certificates of land use rights and ownership of houses and land-attached assets.

b/ The General Statistics Office shall connect and share digital information and data on results of population and housing censuses, and results of mid-term population and housing censuses.

3. The Ministry of Finance shall balance and allocate state budget funds for regular expenditures for ministries and central agencies to build and upgrade information technology infrastructure systems and software systems in service of the management, operation, exploitation; survey and collection of information, building of databases and maintenance of the regular operation of information systems on housing and real estate market in accordance with the Law on the State Budget and guiding documents.

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 building, management and use of information systems on housing and real estate market.

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 building of information systems on housing and real estate market.

Article 28. Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees shall report to same-level People’s Councils to decide on the allocation of annual funds from local budgets for survey and collection of information in service of the building of databases on housing and real estate markets; manage and operate information systems on housing and real estate market in localities; and formulate, disclose and integrate planning information into information systems on housing and real estate market.

2. To assign provincial-level Departments of Construction:

a/ To formulate regulations on coordination in building and maintaining information systems, sharing and providing information and data on housing and real estate market in localities;

b/ To organize the operation of information systems on housing and real estate market in localities;

c/ To assume the prime responsibility for, and coordinate with related units in collecting information related to housing and real estate market in localities; and receiving information related to housing and real estate market in localities shared and provided by agencies, organizations and individuals;

d/ To share and provide information for agencies, organizations and individuals wishing to exploit and use information in accordance with law;

dd/ Disclose information on housing and real estate market in localities, and sending reports thereon to the Ministry of Construction under regulations;

e/ Formulate and report to provincial-level People’s Committees plans on survey, collection and updating of information on housing and real estate market in localities in their plans and tasks, and organizing the implementation thereof after they are approved;

g/ Monitor, urge and inspect project owners and real estate exchanges in implementing regulations on provision of information and data as specified in this Decree;

h/ Disclose information on agencies, organizations and individuals violating this Decree on portals under their management;

i/ Assume the prime responsibility for, and coordinate with related agencies and organizations in, summarizing and calculating statistical indicators on housing and real estate market under Articles 9 and 14 of this Decree for summarization and reporting to the Ministry of Construction and provincial-level People’s Committees.

3. To direct the assurance of connection of databases on housing and real estate market to district-level housing management agencies.

4. To promulgate the Regulation on coordination in the building and maintenance of information systems, and sharing and provision of information and data on housing and real estate market in localities, and direct related units to implement such Regulation after it is issued.

5. To direct departments and sectors to connect and share specialized databases related to housing and real estate market under their management in accordance with this Decree with local databases on housing and real estate market; to direct the connection, integration  and sharing of information between land databases managed by local natural resources and environment agencies; to direct the connection, integration  and sharing of planning information and data managed by local specialized agencies in charge of planning management.

6. To allocate annual funds from local budgets for survey and collection of information in service of building databases on housing and real estate market; management and operation of information systems on housing and real estate market in localities; development of web applications to search planning information, publicization of master plans, and integration of planning information into the national information system on housing and real estate market.

7. To direct provincial-level Departments of Construction to arrange apparatus and personnel to build and manage information systems on housing and real estate market under Clause 2, Article 22 of this Decree.

Article 29. Responsibilities and powers of agencies, organizations and individuals

1. Agencies, organizations and individuals have the following responsibilities:

a/ To adhere to the principles on the building and use of information and data on housing and real estate market specified in Article 6 of this Decree and relevant regulations of competent authorities;

b/ To promptly share and provide sufficient information on housing and real estate market under regulations. 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;

c/ 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 agencies managing and operating information systems on housing and real estate market;

d/ 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;

dd/ To refrain from taking advantage of sharing and providing information to cause harassment, seek profits or spread information in contravention of law; or obstructing the exploitation and use of information on housing and real estate market under regulations;

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

g/ To refrain from sharing or providing third parties with data shared or provided by competent state agencies for exploitation and use, unless such sharing or provision is permitted by competent agencies managing information systems on housing and real estate market;

h/ To promptly notify agencies managing information systems on housing and real estate market of errors in information and data they have shared or provided.

2. Agencies, organizations and individuals have the following rights:

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.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 30. Transitional provisions

1. By the effective date of this Decree, agencies, organizations and individuals that currently comply with the Government’s Decree No. 117/2015/ND-CP of November 12, 2015, shall modify, supplement and update information and data under this Decree.

2. As of the effective date of this Decree, if the upgrading of software serving information and data declaration and reporting has not yet been completed, agencies, organizations and individuals shall make paper reports.

Article 31. Effect

1. This Decree takes effect on August 15, 2022.

2. This Decree replaces the Government’s Decree No. 117/2015/ND-CP of November 12, 2015, on the building, management and use of information systems on housing and real estate market.

Article 32. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH

* The Appendix to this Decree is not translated.