Decree 111/2024/ND-CP on the system of information and National database on construction activities

DECREE

Defining the system of information and National database
on construction activities

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

Pursuant to the Construction Law dated June 18, 2014; the Law on Amending and Supplementing a Number of Articles of the Construction Law dated June 17, 2020;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Law on Access to Information dated April 06, 2016;

Pursuant to the Law on E-Transactions dated June 22, 2023;

At the proposal of the Minister of Construction;

The Government promulgates the Decree defining the system of information and National database on construction activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for the system of information and National database on construction activities; responsibilities of agencies, organizations and individuals in building, management, exploitation and use of system of information and National database on construction activities.

2. This Decree does not apply to information and data on construction planning, construction investment projects, construction works related to national defense, security and state secrets.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals related to building, management, exploitation and use of system of information and National database on construction activities.

Article 3. System of information and National database on construction activities

1. System of information on construction activities means a collection of hardware, software and database on construction activities established for the purpose of creating, providing, transmitting, collecting, processing, storing and exchanging and sharing the information online.

2. National database on construction activities means the database of construction activities within the territory of Vietnam that is arranged and organized to enable access, exploitation, sharing, management, maintenance and updating of data by electronic means to meet the requirements of information access and use of economic sectors and serve public interests.

3. The National database on construction activities includes database on construction planning; database on construction investment projects, construction works; database on construction norms, construction prices and construction price indexes and other activities related to construction investment.

4. Database on construction norms, work construction prices and construction price indexes shall comply with the Government’s regulations on the management of construction investment costs.

Article 4. Principles of building, updating, management, exploitation and use of system of information and National database on construction activities

1. The system of information and National database on construction activities are built and managed centrally, uniformly and synchronously from central to local levels.

2. The system of information and National database on construction activities are built and updated in order to provide in complete, accurate and timely manner the information on construction activities, meeting the requirements of state management on construction investment.

3. The system of information and National database on construction activities are maintained to operate continuously, stably, smoothly and are stored for a long time, meeting the exploitation and use needs of agencies, organizations and individuals according to the law regulations.

4. The construction, updating, management, exploitation and use of the system of information and National database on construction activities must comply with this Decree and the laws on information technology, e-transactions, cyberinformation security, cyber security, access to information; regulations on management, connection and sharing of digital data of state agencies.

Chapter II

BUILDING, MANAGEMENT, EXPLOITATION AND USE OF THE SYSTEM OF INFORMATION AND NATIONAL DATABASE ON CONSTRUCTION ACTIVITIES

Article 5. System of information on construction activities

1. The system of information on construction activities includes:

a) Database on construction activities, including information and data on construction activities exploited from the national database on construction activities and other data components related to construction activities;

b) Information technology infrastructure;

c) System of application software, software services, cloud computing platform serving the management, operation, and exploitation of information on construction activities.

2. The system of information on construction activities is built synchronously and uniformly nationwide to manage, exploit, share and provide basic information on construction activities to agencies, organizations and individuals to meet the requirements of socio-economic development.

3. Contents on data standards, structure, data components and basic functions of the system of information on construction activities are built uniformly nationwide in accordance with the Minister of Construction’s guidance.

Article 6. Database on construction planning

1. Information and data in the database on construction planning are classified as follows:

a) Construction planning for inter-district regions, and construction planning for district regions; function zone construction planning (general planning, sub-zone planning and detailed planning); rural area planning (commune general planning and rural residential quarter detailed planning);

b) Urban construction planning (general planning, sub-zone planning and detailed planning);

c) Urban technical infrastructure planning for centrally-run cities.

2. The information on construction planning collected and updated in the database on construction planning includes:

a) General information: Name of construction plan, type of planning; location, area scale of planning area; planning agency or organization; planning-appraising and -approving agency; year of planning approval;

b) Detailed information: Dossiers and documents on construction planning and some or all of the information in these dossiers and documents, including: Decision on approval of the planning task and construction plan of competent authority; drawings, general explanations of the plan, urban design (if any), regulations on management according to the approved construction plan (if any); plan for implementing construction planning; other relevant information (if any).

3. General information and some detailed information in the database on construction planning is the open data published on the national data portal and the portal of the Ministry of Construction.

4. Master data in the database on construction planning includes the information codes specified at Point a Clause 2 Article 8 of this Decree and the general information specified at Point a Clause 2 of this Article.

Article 7. Database on construction investment projects, construction works

1. Information on construction investment projects that is collected and updated in the National database on construction activities includes:

a) General information: Nam of project, project group; construction location; investment decider; project owner; investment objectives and scale;

b) Detailed information: Documents of competent state agencies, results of performance of administrative procedures in accordance with law regulations on construction and other relevant laws (if any), dossiers and documents related to the construction investment project and some or all of the information in these dossiers and documents, including:  Document on investment policies of competent state agencies; decision on approval of construction planning or other technical or specialized master plans used as the basis for formulation of construction investment project; results of procedures on fire prevention and fighting and environmental protection; notification of appraisal results of the Construction investment feasibility study report; decision on approval of construction investment project; information on organizations and individuals participating in the survey and preparation of the project construction investment feasibility study report; other relevant dossiers and documents (if any).

2. Information on works in construction investment projects that is collected and updated in the National database on construction activities includes:

a) General information: Name of work, type and grade of work; construction location; project owner; main scale of construction investment; information code of construction investment project;

b) Detailed information: Documents of competent state agencies, results of performance of administrative procedures in accordance with law regulations on construction and other relevant laws (if any), dossiers and documents related to the construction work and some or all of the information in these dossiers and documents, including: Results of implementation of procedures on fire prevention and fighting and environmental protection; notification of appraisal results of the Construction investment feasibility study report; notification of appraisal results of construction design implemented after basic design; construction permit; notification of inspection results of pre-acceptance test of completed construction works; decision on approval of construction investment projects; decision on approval of construction design of work; notification of commencement of construction work; decision on approval of construction investment capital settlement; information on organizations and individuals participating in survey, design, and construction of works; other relevant dossiers and documents (if any).

3. The information about construction works not subject to formulation of construction investment project for which a construction permit is required in accordance with the law regulations on construction that is collected and updated into the National database on construction activities comprises:

a) General information: Name of construction work; type and grades of construction work; construction location; project owner (household owner for separate houses); main scale of construction investment;

b) Detailed information: Construction permit, notice of commencement of construction works and some or all information in these documents; information about organizations and individuals participating in survey, preparation and verification of design (if any) and other relevant dossiers and documents (if any).

4. General information and some detailed information in the database on construction investment projects and construction works is the open data published on the national data portal and the portal of the Ministry of Construction.

5. Master data in the database on construction investment projects and construction works includes the information codes specified at Point b, Point c and Point d Clause 2 Article 8 of this Decree and the general information specified at Point a Clause 1, Point a Clause 2 and Point a Clause 3 of this Article.

Article 8. Information code in system of information and National database on construction activities

1. Each construction plan, construction investment project, and construction work is associated with an information code, automatically assigned at the time the information is created on the system of information on construction activities to ensure uniqueness, synchronization, and consistency.

2. The information code of a construction plan, construction investment project, or construction work is a series of digits representing the following information:

a) Location of planning implementation, type of construction plan and planning level, time of initialization of the code, number of times of planning adjustment, and serial number of planning information code in the system;

b) Location of project implementation, time of initialization of the code, number of times of project adjustment, and serial number of information code of construction investment project in the system;

c) Location of construction work, project code, time of initialization of the code, number of times of design adjustment, and serial number of information code of construction work under construction investment project in the system;

d) Location of construction work, time of initialization of construction code, number of times of design adjustment, serial number of information code of construction work not being part of construction investment project in the system.

3. The information code is shown on the decision on approval of the construction plan; notification of the appraisal results of the Construction investment feasibility study report, construction design implemented after basic design; decision on approval of construction investment project; decision on approval of construction design implemented after the basic design; construction permit; notification of inspection results of pre-acceptance test of completed construction works.

4. The Minister of Construction shall guide the contents of information on construction planning specified in Article 6 of this Decree, information on construction investment projects and construction works specified in Article 7 of this Decree and information codes specified in this Article.

Article 9. Sources of information in the National database on construction activities

1. The information in the National database on construction activities defined in this Decree is collected from the following sources:

a) Results of performance of administrative procedures and professional processes by competent state agencies;

b) Information and data shared and connected from the National population database, the National business registration database and other relevant databases;

c) Information and data synchronized from specialized data sources of competent agencies and other relevant data sources;

d) Information and data on construction investment projects and construction works updated by project owners in accordance with this Decree.

2. The databases referring to the master data specified in Clause 4 Article 6 and Clause 5 Article 7 of this Decree must be updated and adjusted according to the master data in the National database on construction activities, ensuring consistency of all databases of state management agencies.

Article 10. Initialization of information codes and entry of information and data into the National database on construction activities

1. The information code of a construction plan specified at Point a Clause 2 Article 8 of this Decree is initialized by the planning-appraising agency upon submission of construction plan for approval.

2. The information code of a construction investment project specified at Point b Clause 2 Article 8 of this Decree is initialized as follows:

a) The specialized construction agency shall initiate such information code when the appraisal results of the Construction investment feasibility study report meet the requirements, for cases where the construction investment project is subject to appraisal at a specialized construction agency;

b) The state agency competent to grant construction permits shall initiate such information code upon grant of construction permit of work under the project, for cases where the construction investment project is not subject to appraisal at a specialized construction agency.

3. The information code of a construction work under a construction investment project specified at Point c Clause 2 Article 8 of this Decree is initialized as follows:

a) The specialized construction agency shall initiate such information code upon appraisal of the construction design implemented after the basic design meeting the requirements, for cases where the construction work is subject to appraisal at a specialized construction agency;

b) The state agency competent to grant construction permits shall initiate such information code upon grant of construction permit of construction work, for cases where the construction work is not subject to appraisal at a specialized construction agency.

4. The information codes of construction works for which the formulation of construction investment project is not required as prescribed at Point d Clause 2 Article 8 of this Decree shall be initiated by the state agency competent to grant construction permits upon grant of construction permits of works.

5. Entry of information and data on construction planning

a) The planning-appraising agency shall enter the general information on the construction plan specified at Point a Clause 2 Article 6 of this Decree upon initialization of the information code as prescribed;

b) The construction planning agency or organization shall update the detailed information specified at Point b Clause 2 Article 6 of this Decree into the system of information and the National database on construction activities in accordance with in this Decree within 15 days from the date of issuance of the decision on approval of planning.

6. Entry of information and data on construction investment projects and construction works

a) The agencies performing administrative procedures according to the decentralization of appraisal and grant of construction permits shall enter the general information on construction investment projects and construction works specified at Point a Clause 1, Point a Clause 2 and Point a Clause 3, Article 7 of this Decree upon initialization of the information codes according to regulations and update the results of handling administrative procedures performed by themselves within 05 working days from the date of completion of the administrative procedures;

b) The project owners (except for the household owners of separate houses) shall update the detailed information specified at Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 7 of this Decree within 15 days from the date of receipt of the results of administrative procedure implementation, except for the information having updated by the competent state agencies prescribed at Point a of this Clause.

7. Agencies and organizations that appraise planning, appraise Construction investment feasibility study reports, appraise construction designs implemented after basic designs, and grant construction permits shall be responsible for the accuracy and timeliness of information and data entered into the National database on construction activities.

Article 11. Updating, adjustment of information in the system of information and National database on construction activities

1. The information in the system of information and National database on construction activities is updated and adjusted from the following sources:

a) Results of adjustments and supplements in the process of performance of administrative procedures and professional processes by competent state agencies;

b) Proposals for amendments and supplements from agencies, organizations and individuals when changing information or discovering information in the National database on construction activities incomplete or inaccurate;

c) From other relevant databases when changes occur.

2. Agencies, organizations and individuals updating information as prescribed in Clause 5 and Clause 6 Article 10 of this Decree shall be responsible for updating and adjusting the information defined at Point a Clause 1 of this Article into the National database on construction activities.

3. Within 05 working days from the date of receiving the proposal or discovering that the information in the information system or database is incomplete, inaccurate or there is a discrepancy in the content between electronic data and paper dossiers and documents, the competent state management agency specified in Clause 7 Article 10 of this Decree shall be responsible for reviewing, checking and adjusting the information and data to ensure completeness and accuracy.

Article 12. Exploitation and use of system of information and National database on construction activities

1. Scope of exploitation of the database

a) State management agencies are entitled to exploit and use full data fields in the National database on construction activities in accordance with  the laws on information technology, e-transactions, cyberinformation security, cyber security, access to information and in conformity with the needs of the unit;

b) Individuals and organizations are entitled to exploit and use published open data and to exploit in writing the remaining data in the National database on construction activities in accordance with the laws on information technology, e-transactions, cyberinformation security, cyber security, access to information and in conformity with the needs of individuals and organizations.

2. Methods of exploitation of the database

a) The national service platform;

b) Portal of the Ministry of Construction;

c) Request in writing as prescribed by law on access to information for information and data that are not open data prescribed in Clause 3 Article 6 and Clause 4 Article 7 of this Decree.

3. State management agencies must not request organizations and individuals to provide documents and information that are already available on the National database on construction activities.

4. Data looked up and exploited from the National database on construction activities prescribed in Clause 1 and Clause 2 of this Article has official usage validity, equivalent to paper documents in activities related to the field of construction investment activities.

5. The National database on construction activities is the foundation for implementing digital transformation activities in the management of construction investment activities. Data in the National database on construction activities is the original reference for searching and exploitation to carry out related administrative procedures such as formulation, appraisal and approval of construction planning; formulation, appraisal and approval of Construction investment feasibility study reports, construction designs implemented after basic designs; grant of construction permits; management of construction order; inspection of pre-acceptance test of completed construction items and construction works; other procedures related to construction investment in accordance with other specialized laws.

Article 13. Regulations on connection to the system of information and National database on construction activities

1. The connection and sharing of data in the National database on construction activities with other national databases and specialized databases shall comply with law regulations on management, connection and sharing of digital data of state agencies.

2. The Ministry of Construction shall establish and announce data sharing services within the scope of the National database on construction activities; issue documents related to technical regulations on structure, data format, packets, connection, and sharing of data with the National database on construction activities.

Article 14. Funding for building, updating, maintenance, management of exploitation of system of information and National database on construction activities

1. The funding for building, updating and maintaining the system of information and National database on construction activities shall comply with the law regulations on management of investment in information technology application using state budget capital.

2. Funding for the management of exploitation, assurance of information security shall be allocated from current expenditure sources according to the current budget decentralization.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Construction

1. Organize the building, management, administration and maintenance of the system of information and National database on construction activities, including the following tasks:

a) Building technical infrastructure and system of management software of the system of information and National database on construction activities;

b) Testing, updating, adjusting, connecting, sharing data in the system of information and National database on construction activities;

c) Connecting other specialized databases to the National database on construction activities; share data on construction activities with other national database systems and specialized database systems.

d) Selecting, removing and updating information and data in the National database on construction activities.

2. The implementation roadmap shall be as follows:

a) The tasks specified in Clause 1 of this Article shall be performed from the effective date of the Decree to December 31, 2025;

b) The system of information and National database on construction activities shall be put into operation and exploitation nationwide from January 1, 2026.

3. Connect and provide data from the National database on construction activities to the National data portal to serve exploitation of information by agencies, organizations and individuals in accordance with this Decree. The connection and sharing of information must ensure state secrets and personal secrets under the Government's regulations on management, connection and sharing of digital data of state agencies.

4. Assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and relevant agencies in, developing plans and solutions to respond to incidents related to information security and cyber security for the system of information and the National database on construction activities; developing and implementing solutions to monitor the safety of the system of information and the National database on construction activities.

5. Assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and relevant agencies in, developing and promulgating according to its competence technical regulations on the structure of data to be exchanged, and regulations on, and process of, sharing of specialized data under its management.

6. Guide the implementation of the provisions of this Decree, inspect the collection, provision, updating, adjustment, management, exploitation and use of information in the National database on construction activities.

Article 16. Responsibilities of the Ministry of Information and Communications

1. Connect the National database on construction activities with the national data exchange platform in order to provide data services for information systems of state agencies.

2. Connect the National database on construction activities with the national data portal and the data sharing service management system to assist state agencies in carrying out procedures for, and handling, requests for data connection and sharing.

3. Research and exploit data in the National database on construction activities and other national databases and databases of ministries, sectors and localities in order to provide information serving direction and administration work and formulation of policies and strategies for e-government development.

4. Coordinate with the Ministry of Construction and related agencies in formulating and promulgating according to its competence regulations and national technical regulations on the structure of data to be exchanged between information systems or databases and the National database on construction activities.

Article 17. Responsibilities of the Government Office

1. Coordinate with the Ministry of Construction to guide and organize the implementation of connection and sharing of data between the National database on construction activities and the National Public Service Portal, the information system for handling administrative procedures at ministerial and provincial levels serving administrative procedure settlement, public service provision.

2. Connect the reporting information system of the Government, Information and Operation Center of the Government and the Prime Minister with the National database on construction activities to serve the direction and operation of the Government and Prime Minister.

Article 18. Responsibilities of ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall be responsible for directing their affiliated agencies and units to provide data within their competence to the National database on construction activities in accordance with this Decree.

2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall be responsible for sharing and connecting the national database and specialized databases under their management with the National database on construction activities in accordance with the Government's regulations on management, connection and sharing of digital data of state agencies, in conformity with regulations on information security and safety, ensuring national defense and security.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19. Effect and implementation responsibilities

This Decree takes effect on November 01, 2024.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities and related agencies, organizations, individuals shall take responsibility for the implementation of this Decree.