Decree No. 111/2024/NĐ-CP on the information system and the National Database on construction activities.

DECREE

Regulations on the Information System and National Database on Construction Activities

concerning construction activities

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

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

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

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

Pursuant to the Law on Access to Information dated April 6, 2016;

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

At the proposal of the Minister of Construction;

The Government issues this Decree stipulating the Information System and National Database on Construction Activities. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the Information System and National Database on Construction Activities; the responsibilities of agencies, organizations, and individuals in establishing, managing, exploiting, and using the Information System and National Database on Construction Activities.

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

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the establishment, management, exploitation, and use of the Information System and National Database on Construction Activities.

Article 3. Information System and National Database on Construction Activities

1. The Information System on Construction Activities is a collection of hardware, software, and databases on construction activities established to serve the purposes of creating, providing, transmitting, collecting, processing, storing, and exchanging and sharing information over networks.

2. The National Database on Construction Activities is a database on construction activities throughout the territory of Vietnam organized for access, exploitation, sharing, management, maintenance, and updating through electronic means to meet the requirements of accessing and using information by economic sectors and serving public interests.

3. The National Database on Construction Activities includes databases on construction planning; databases on investment construction projects and construction works; databases on construction norms, construction work prices, and construction price indices, and other activities related to investment construction.

4. The databases on construction norms, construction work prices, and construction price indices shall be implemented in accordance with the Government's regulations on construction investment cost management.

Article 4. Principles for Establishing, Updating, Managing, Exploiting, and Using the Information System and National Database on Construction Activities

1. The Information System and National Database on Construction Activities shall be centrally and uniformly established and managed from central to local levels.

2. The Information System and National Database on Construction Activities shall be established and updated to provide comprehensive, accurate, and timely information on construction activities, meeting the requirements of state management over construction investment.

3. The Information System and National Database on Construction Activities shall operate continuously, stably, smoothly, and be stored long-term, meeting the needs of exploitation and use by agencies, organizations, and individuals in accordance with the law.

4. The establishment, updating, management, exploitation, and use of the Information System and National Database on Construction Activities shall comply with the provisions of this Decree and laws on information technology, electronic transactions, network information security, cyber security, access to information; regulations on management, connection, and sharing of digital data by state agencies.

Chapter II

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

Article 5. Construction Activity Information System

1. The construction activity information system includes:

a) Construction activity database, including information and data on construction activities extracted from the national construction activity database and other related data components.

b) Technical infrastructure for information technology.

c) Application software systems, software services, cloud computing platforms serving management, operation, and exploitation of information on construction activities.

2. The construction activity information system shall be built uniformly and consistently nationwide to manage, exploit, share, and provide basic information on construction activities to agencies, organizations, and individuals to meet socio-economic development requirements.

3. The content of data standards, structure, data components, and basic functions of the construction activity information system shall be unified nationwide according to the guidelines of the Minister of Construction.

Article 6. Planning Construction Database

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

a) Regional planning across counties; county-level regional planning; functional area planning (overall planning, sectoral planning, and detailed planning); rural planning (overall village planning; detailed planning for rural residential areas).

b) Urban planning (overall planning, sectoral planning, and detailed planning).

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

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

a) General information: Name of the planning project, type of planning; location, area size of the planning region; agency or organization responsible for planning; agency reviewing and approving the planning; year of approval of the planning.

b) Detailed information: Documents and records about planning construction and some or all information contained in these documents and records, including: Decision approving the planning task and project of the competent authority; drawings, comprehensive explanations of the project, urban design (if applicable), management regulations accompanying the approved planning project (if applicable); implementation plan for construction planning; other related information (if applicable).

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

4. Core data in the planning construction database include the information code specified in point a, Clause 2, Article 8 of this Decree and the general information mentioned in point a, Clause 2 of this Article.

Article 7. Investment Project and Construction Works Database

1. Information on investment projects collected and updated in the National Construction Activity Database includes:

a) General information: Project name, project group; construction location; investor decision-maker; project sponsor; investment objectives, scale.

b) Detailed information: Official documents of competent state authorities, results of administrative procedures under laws on construction and other relevant laws (if applicable), project-related documents and some or all information contained in these documents, including: Document on investment policy of the competent state authority; decision approving construction planning or specialized technical planning used as the basis for establishing the investment project; results of fire prevention and environmental protection procedures; notification of feasibility study investment construction report review results; decision approving the investment construction project; information on organizations and individuals participating in surveying, preparing feasibility study investment construction reports; related documents and records (if applicable).

2. Information on construction works within investment projects collected and updated in the National Construction Activity Database includes:

a) General information: Construction work name, type, level; construction location; project sponsor; main investment construction scale; investment project information code.

b) Detailed information: Official documents of competent state authorities, results of administrative procedures under laws on construction and other relevant laws (if applicable), construction work-related documents and some or all information contained in these documents, including: Results of fire prevention and environmental protection procedures; notification of feasibility study investment construction report review results; notification of construction design review results after basic design; construction permit; notification of completion inspection results for construction works; decision approving the investment construction project; decision approving the construction design of the work; notification of commencement of construction works; decision approving the final account of investment construction funds; information on organizations and individuals participating in surveying, designing, and constructing the work; related documents and records (if applicable).

3. Information on construction works that do not require establishment of an investment project but only require a construction permit under laws on construction is collected and updated in the National Construction Activity Database and includes:

a) General information: Construction work name; type, level of construction; construction location; project sponsor (household head for individual houses); main investment construction scale.

b) Detailed information: Construction permit, notification of commencement of construction works and some or all information contained in these documents; information on organizations and individuals participating in surveying, preparing, and reviewing designs (if applicable) and related documents and records (if applicable).

4. General information and some detailed information in the investment project and construction works database are open data published on the national data portal and the Ministry of Construction's electronic information portal.

5. The primary data in the database on construction investment projects and construction works includes the information codes specified in points b, c, and d of Clause 2, Article 8 of this Decree, and the general information set forth in point a of Clause 1, point a of Clause 2, and point a of Clause 3 of this Article.

Article 8. Information Codes in the Information System, National Database on Construction Activities

1. Each planning scheme, construction investment project, and construction work shall be associated with an information code, which is automatically assigned at the time the information is first created in the information system on construction activities to ensure uniqueness, synchronization, and uniformity.

2. The information code for a construction planning scheme, construction investment project, and construction work is a series of digits representing the following information:

a) Location of implementation, type of planning scheme, level of planning, initial creation date of the information code, number of times the planning scheme has been adjusted, and the serial number within the system for the planning scheme information code;

b) Location of implementation, initial creation date of the information code, number of times the project has been adjusted, and the serial number within the system for the construction investment project information code;

c) Location of implementation, project code, initial creation date of the information code, number of times the design has been adjusted, and the serial number within the system for the construction work information code under the construction investment project;

d) Location of implementation, initial creation date of the construction work information code, number of times the design has been adjusted, and the serial number within the system for the construction work information code not under a construction investment project.

3. The information code shall be displayed on the decision approving the planning scheme; notification of the results of the feasibility study report review for construction investment, and construction design implementation after basic design; decision approving the construction investment project; decision approving the construction design implementation after basic design; construction permit; notification of the results of the final acceptance inspection of construction works.

4. The Minister of Construction shall provide guidance on the information about construction planning as stipulated in Article 6 of this Decree, the information about construction investment projects and construction works as stipulated in Article 7 of this Decree, and the information codes as stipulated 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 as prescribed in this Decree shall be collected from the following sources:

a) Results of administrative procedures and business operations of competent state agencies;

b) Information and data shared and linked from the National Population Database, the National Enterprise Registration Database, and other related databases;

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

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

2. Reference databases relating to the primary data as specified in Clause 4, Article 6 and Clause 5, Article 7 of this Decree must be updated and adjusted according to the primary data in the National Database on Construction Activities, ensuring consistency across all databases of state management agencies.

Article 10. Creation of information codes and entry of information and data into the National Database on Construction Activities

1. The information code of the construction planning project as stipulated in point a, Clause 2, Article 8 of this Decree shall be created by the planning review authority when submitting for approval of the construction planning project.

2. The information code of the investment construction project as stipulated in point b, Clause 2, Article 8 of this Decree shall be created as follows:

a) The specialized agency on construction shall create it when the feasibility study report of the investment construction project has been reviewed and meets the requirements, in cases where the investment construction project falls within the scope of review at the specialized agency on construction;

b) The competent state agency for issuing construction permits shall create it when issuing construction permits for projects included in the investment construction project, in cases where the investment construction project does not fall within the scope of review at the specialized agency on construction.

3. The information code of the construction works under the investment construction project as stipulated in point c, Clause 2, Article 8 of this Decree shall be created as follows:

a) The specialized agency on construction shall create it when reviewing the detailed design after the basic design meets the requirements, in cases where the construction work falls within the scope of review at the specialized agency on construction;

b) The competent state agency for issuing construction permits shall create it when issuing construction permits for construction works, in cases where the construction work does not fall within the scope of review at the specialized agency on construction.

4. The information code of the construction works under the category that does not require establishment of an investment construction project as stipulated in point d, Clause 2, Article 8 of this Decree shall be created by the competent state agency for issuing construction permits when issuing construction permits for construction works.

5. Entry of information and data on construction planning

a) The planning review authority shall enter general information on the planning project as stipulated in point a, Clause 2, Article 6 of this Decree when creating the information code according to the regulations;

b) The organization establishing the construction planning shall update detailed information as stipulated in point b, Clause 2, Article 6 of this Decree into the information system, the National Database on Construction Activities within 15 days from the date of the decision approving the planning, in accordance with this Decree.

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

a) The administrative procedure implementing agency at the delegated level for review and issuance of construction permits shall enter general information on the investment construction project and construction works as stipulated in point a, Clause 1, point a, Clause 2, and point a, Clause 3, Article 7 of this Decree when creating the information code according to the regulations and update the results of administrative procedures they have handled within five working days from the end of the administrative procedure;

b) The investor (excluding individual households for single-family houses) shall update detailed information as stipulated in 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 receiving the results of the administrative procedure, except for information already updated by the competent state agency as stipulated in point a of this clause.

7. The agencies and organizations reviewing construction planning, reviewing feasibility studies for investment construction projects, reviewing detailed designs after basic designs, and issuing construction permits shall be responsible for the accuracy and timeliness of the information and data entered into the National Database on Construction Activities.

Article 11. Updating and Adjusting Information in the Construction Activities Information System and National Construction Activity Database

1. Information in the Construction Activities Information System and National Construction Activity Database shall be updated and adjusted from the following sources:

a) Results of adjustments and supplements during the implementation of administrative procedures and business operations by competent state agencies;

b) Proposals for amendments and supplements made by agencies, organizations, and individuals when changes occur or when they discover that information in the National Construction Activity Database is incomplete or inaccurate;

c) From other related databases when there are changes.

2. Agencies, organizations, and individuals who update information pursuant to Clause 5 and Clause 6 of Article 10 of this Decree shall be responsible for updating and adjusting the information at Point a of Clause 1 of this Article into the National Construction Activity Database.

3. Within five working days from the date of receiving proposals or discovering that information in the information system or database is incomplete, inaccurate, or contains discrepancies between electronic data and paper documents, the competent state management agency specified in Clause 7 of Article 10 of this Decree shall be responsible for reviewing, inspecting, and adjusting the information and data to ensure completeness and accuracy.

Article 12. Exploitation and Use of the Construction Activities Information System and National Construction Activity Database

1. Scope of Database Exploitation

a) State management agencies have the right to exploit and use all data fields in the National Construction Activity Database in accordance with laws on information technology, electronic transactions, cybersecurity, cyber security, access to information, and in line with the needs of their units;

b) Individuals and organizations have the right to exploit and use open data published and to exploit remaining data in the National Construction Activity Database through written means in accordance with laws on information technology, electronic transactions, cybersecurity, cyber security, access to information, and in line with their usage needs.

2. Forms of Database Exploitation

a) The national data integration and sharing platform;

b) The Ministry of Construction's electronic portal;

c) In writing in accordance with laws on access to information for information and data not included in open data as stipulated in Clause 3 of Article 6 and Clause 4 of Article 7 of this Decree.

3. State management agencies shall not require organizations and individuals to provide documents and information already available in the National Construction Activity Database.

4. Data retrieved and exploited from the National Construction Activity Database in accordance with Clause 1 and Clause 2 of this Article shall have official usage value, equivalent to paper documents in activities related to construction investment.

5. The National Construction Activity Database serves as the foundation for implementing digital transformation activities in construction investment management. Data in the National Construction Activity Database is the original reference for retrieval and exploitation to perform related administrative procedures such as planning, reviewing, and approving construction plans; preparing, reviewing, and approving feasibility studies for construction investment, design after basic design; issuing construction permits; managing construction order; inspecting completion acceptance of construction project components and projects; other procedures related to construction investment as prescribed by specialized laws.

Article 13. Provisions on Connecting to the Information System and the National Database on Construction Activities

1. The connection and sharing of data within the National Database on Construction Activities with other national databases and specialized databases shall be carried out in accordance with legal regulations on the management, connection, and sharing of digital data by state agencies.

2. The Ministry of Construction shall establish and publicize data sharing services within the scope of the National Database on Construction Activities; issue relevant documents concerning technical regulations on the structure, data format, data packages, connection, and data sharing with the National Database on Construction Activities.

Article 14. Funding for Building, Updating, Maintaining, and Managing the Information System and the National Database on Construction Activities

1. Funding for building, updating, and maintaining the information system and the National Database on Construction Activities shall be implemented in accordance with legal regulations on the management of investment in the application of information technology using state budget funds.

2. Funding for managing and operating, ensuring information security shall be allocated from regular expenditure sources according to the current budget classification.

Chapter III

IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Construction

1. Organizations responsible for constructing, managing, administering, and maintaining the information system and the National Database on Construction Activities include the following tasks:

a) Constructing technical infrastructure, software systems for managing the information system and the National Database on Construction Activities;

b) Testing, updating, supplementing, connecting, and sharing data within the information system and the National Database on Construction Activities;

c) Connecting other specialized databases to the National Database on Construction Activities; sharing construction activity data with national database systems and other specialized database systems;

d) Implementing the selection, cleaning, and updating of information and data in the National Database on Construction Activities.

2. The implementation schedule for these tasks is as follows:

a) The tasks under Clause 1 of this Article shall be carried out from the date this Decree takes effect until December 31, 2025;

b) The information system and the National Database on Construction Activities shall be put into operation and utilized nationwide starting from January 1, 2026.

3. Connecting and providing data from the National Database on Construction Activities to the National Data Portal to serve agencies, organizations, and individuals in accessing information as stipulated in this Decree. The connection and sharing of information must ensure state secrets and personal privacy in accordance with government regulations on the management, connection, and sharing of digital data by state agencies.

4. Taking the lead and coordinating with the Ministry of Information and Communications and related agencies to develop contingency plans and solutions for information security incidents and cybersecurity for the information system and the National Database on Construction Activities; developing and implementing monitoring solutions for the safety of the information system and the National Database on Construction Activities.

5. Taking the lead and coordinating with the Ministry of Information and Communications and related agencies to develop and promulish technical regulations on data exchange structures, data sharing rules and procedures within the scope of specialized data under their management authority.

6. Directing the implementation of the provisions of this Decree, inspecting the work of collecting, providing, updating, adjusting, managing, operating, and utilizing information in the National Database on Construction Activities.

Article 16. Responsibilities of the Ministry of Information and Communications

1. Connecting the National Database on Construction Activities with the national data integration and sharing platform to provide data services for information systems within state agencies.

2. Connecting the National Database on Construction Activities with the national data portal and the service management system for data sharing to serve state agencies in implementing procedures and processing requests for connection and data sharing.

3. Researching and exploiting data in the National Database on Construction Activities with other national databases, databases of ministries, sectors, and localities to provide information for guidance and management, policy development, and the strategy for e-Government development.

4. Cooperating with the Ministry of Construction and relevant agencies to develop and issue technical regulations on data structure exchange between information systems and databases and the National Database on Construction Activities according to their authority.

Article 17. Responsibilities of the Government Office

1. Cooperating with the Ministry of Construction to guide and organize the implementation of data connection and sharing between the National Database on Construction Activities and the National Public Service Portal, central and provincial administrative procedure resolution information systems to serve administrative procedure resolution and public service provision.

2. Connecting the government reporting information system, the government information and operation center,

Article 18. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, and Provincial People's Committees

1. Ministries, agencies equivalent to ministries, government agencies, and provincial people's committees are responsible for directing subordinate agencies and units to provide data within their jurisdiction to the National Database on Construction Activities in accordance with this Decree.

2. Ministries, agencies equivalent to ministries, government agencies, and provincial people's committees are responsible for sharing and connecting the national database and specialized databases they manage with the National Database on Construction Activities in accordance with government regulations on management, connection, and sharing of digital data by state agencies, consistent with regulations on confidentiality and information security, ensuring national defense and security.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effectiveness and Responsibility for Enforcement

This Decree takes effect from November 1, 2024.

Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairpersons of provincial people's committees under the Central Government, and related agencies, organizations, and individuals are responsible for enforcing this Decree.