Decree No. 44/2022/ND-CP on Construction, Management, and Use of Information Systems for Housing and Real Estate Markets

DECREE

ON THE CONSTRUCTION, MANAGEMENT AND USE OF THE HOUSING INFORMATION SYSTEM AND REAL ESTATE MARKET

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 Housing Law issued on November 25, 2014;

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

BASED ON THE Law on Anti-Money Laundering dated June 18, 2012;

At the proposal of the Minister of Construction;

The Government issues this Decree on the construction, management and use of the housing information system and real estate market.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the construction, management and exploitation, use of the housing information system and real estate market; the responsibilities and authorities of agencies, organizations, and individuals in the construction, management and exploitation, use of the housing information system and real estate market; the responsibilities and authorities of agencies and organizations in connecting and sharing, publishing information and data on the housing information system and real estate market.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the construction, management and exploitation, use of the housing information system and real estate market.

Article 3. Explanation of Terms

1. Real estate inventory is the quantity of real estate projects meeting the conditions for trading under the law but not traded during the reporting period.

2. Agencies managing the housing information system and real estate market include:

a) The Ministry of Construction;

b) The Department of Construction or specialized agency managing housing and the real estate market at the provincial level (hereinafter referred to as the Department of Construction).

3. Price indices, transaction volume indices of certain types of real estate

a) Real estate transaction price is the price of real estate products traded during the period between the project developer and the real estate buyer.

The real estate transaction price index of certain types of real estate is a relative indicator (expressed in %) reflecting the degree of fluctuation in successful transaction prices of certain types of real estate specified in points a, b, c Clause 3 Article 12 of this Decree over time;

b) Real estate transaction volume is the number of real estate products traded during the period between the project developer and the real estate buyer.

The real estate transaction volume index is a relative indicator (expressed in %) reflecting the degree of fluctuation in successful transaction volumes of certain types of real estate specified in points a, b, c Clause 3 Article 12 of this Decree over time.

Article 4. Housing Information System and Real Estate Market

1. The housing information system and real estate market consist of:

a) Housing and real estate market database;

b) Technical infrastructure for information technology in housing and the real estate market;

c) Software systems serving management, operation, exploitation of housing and real estate market information.

2. The housing information system and real estate market are constructed uniformly nationwide to share and provide basic information about housing and the real estate market to agencies, organizations, and individuals, serving state management work and the publication of statistical figures on housing and the real estate market, meeting the requirements for economic and social development.

Article 5. Housing and Real Estate Market Database

1. The housing and real estate market database is a collection of basic information and data on housing and the real estate market that have been collected, checked, evaluated, processed, digitized, integrated, and systematically stored in the form of data files on information systems, storage devices, and carriers to be updated, managed, and exploited through information technology systems to serve state management, economic and social activities, and ensure access to information in accordance with the law.

2. The housing and real estate market database includes:

a) National housing and real estate market database: a collection of comprehensive information and data on housing and the real estate market across the country from local housing and real estate market databases, information shared and provided by relevant ministries and sectors, and from national housing surveys.

The national housing and real estate market database is the responsibility of the Ministry of Construction for construction, storage, and management;

b) Local housing and real estate market database: a collection of all basic information and data on housing and the real estate market collected within the province or centrally-administered city.

The local housing and real estate market database is assigned by the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) to the Department of Construction for construction, storage, and management.

3. The contents of the housing and real estate market database are specifically stipulated in Chapter II of this Decree.

Article 6. Principles for Construction, Management, Exploitation, and Use of Information Systems on Housing and Real Estate Market

The construction, management, exploitation, and use of information systems on housing and real estate market must comply with the following principles:

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

2. The database on housing and real estate market must ensure timely service for state management work and socio-economic development, ensuring national security.

3. All information and data on housing and real estate market collected, updated, maintained, exploited, and used must ensure truthfulness, objectivity, transparency, and accessibility.

4. The exploitation and use of information and data on housing and real estate market must ensure proper purposes and comply with current legal provisions governing the exploitation and use of information and data.

Chapter II

CONTENT OF DATABASE ON HOUSING AND REAL ESTATE MARKET

Section 1. CONTENT OF DATABASE ON HOUSING

Article 7. National Database on Housing

1. The system of regulatory legal documents on housing and residential land issued by the National Assembly, Government, ministries, and sectors within their respective jurisdictions.

2. Data, results, and reports from national surveys and statistics programs on housing.

3. Information and data on the implementation of Programs and Plans for housing development nationwide, compiled from local housing databases as stipulated in Clause 3, Article 8 of this Decree.

4. Information and data on changes related to the process of managing and using housing and residential land nationwide, compiled from local housing databases as stipulated in Clause 4, Article 8 of this Decree.

Article 8. Local Database on Housing

1. The system of regulatory legal documents on housing and residential land issued by localities within their respective jurisdictions.

2. Data, results, and reports from local surveys and statistics programs on housing (number and area of housing, urban and rural population).

3. Information and data on the implementation of Programs and Plans for housing development in each case of housing development as follows:

a) Commercial housing;

b) Social housing;

c) Public service housing;

d) Housing and residential land for resettlement;

đ) Housing supported under State policies and programs for housing support.

4. Information and data on changes related to the process of managing and using housing and residential land in the locality, including:

a) Number and area of housing in urban and rural areas;

b) Number of housing and residential land granted Land Use Right Certificates, House Ownership Certificates, and Certificates for Other Assets Attached to Land.

Article 9. Statistical Data on Housing

1. Results of the implementation of Programs and Plans for housing development as stipulated in Clause 3, Article 8 of this Decree.

2. Number and area of housing in urban and rural areas as stipulated in Point a, Clause 4, Article 8 of this Decree.

3. Number of housing and residential land granted Land Use Right Certificates, House Ownership Certificates, and Certificates for Other Assets Attached to Land as stipulated in Point b, Clause 4, Article 8 of this Decree.

Mục 2. CONTENT OF THE REAL ESTATE MARKET DATABASE

Article 10. National Real Estate Market Database

1. The system of regulatory legal documents on the real estate market issued by the National Assembly, the Government, ministries, and sectors within their respective authorities.

2. Information and data on real estate projects and the situation of real estate transactions of all projects nationwide compiled from local real estate market databases as stipulated in Clause 2, Article 11 of this Decree.

3. Information and data on taxes for real estate transfer activities, real estate transfers through real estate trading floors nationwide compiled from local real estate market databases as stipulated in Clause 3, Article 11 of this Decree.

4. Information and data on real estate brokerage certificates issued during the period compiled from local real estate market databases as stipulated in Clause 4, Article 11 of this Decree.

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

a) Information on credit debt for business activities in the real estate sector;

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

c) Information on the issuance of corporate bonds related to the real estate business sector.

Article 11. Local Real Estate Market Database

1. The system of regulatory legal documents on the real estate market issued by localities within their respective authorities.

2. Information and data on real estate projects and the situation of real estate transactions of projects within the locality as provided for in Article 12 of this Decree.

3. Information and data on real estate transfer and purchase-sale transactions through real estate trading floors within the locality, and taxes for real estate transfer activities as provided for in Article 13 of this Decree.

4. Information and data on real estate brokerage certificates issued during the period:

a) Certificate issuance decision number;

b) Certificate number;

c) Full name, date of birth, and permanent address of the person receiving the real estate brokerage certificate.

5. Information and data on foreign direct investment (FDI) in the real estate business sector within the locality.

Article 12. Information and Data on Real Estate Projects

1. General information on real estate projects:

a) Information on the project investor;

b) Location information;

c) Legal information on the project;

d) Project area scale; total investment amount; detailed planning at a scale of 1/500 or overall layout plan of the project approved by the competent authority;

đ) Construction permit or notice of commencement of the project;

e) Notice that the project meets conditions for selling houses (if it is a housing project).

2. Information on types of real estate projects including:

a) Housing development projects, urban development projects;

b) Commercial center development projects, office rental projects;

c) Ecotourism, resort, hotel development projects;

d) Industrial infrastructure development projects, industrial cluster development projects;

đ) Other real estate development projects.

3. Information and data on the quantity and area of various types of real estate including:

a) Single-family houses (villas, attached houses);

b) Residential apartments;

c) Land for housing construction (in the form of land plots for sale);

d) Commercial and service floor space, office rentals;

đ) Tourist villas, tourist apartments, hotels;

e) Factories, production land in industrial zones, industrial clusters.

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

a) Quantity and area of real estate transacted during the period of the project;

b) Average selling and rental prices of real estate transacted during the period of the project;

c) Inventory of real estate of the project.

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

1. Information and data on types of real estate traded through real estate trading platforms:

a) Information on real estate trading platforms;

b) Quantity and area of real estate traded for transfer and sale through real estate trading platforms during the period;

c) Price of real estate traded for transfer and sale through real estate trading platforms during the period.

2. Information and data on taxes applicable to the activities of transferring certain types of real estate as stipulated at points a, b, and c, Clause 3, Article 12 of this Decree:

a) Total tax revenue from the activity of transferring real estate;

b) Total number of transactions of transfer and sale of real estate within the region;

c) Total value of transactions of transfer and sale of real estate within the region.

Article 14. Statistical Data on the Real Estate Market

1. Total number of real estate projects that have been granted Investment Approval Decisions, construction permits, and commencement.

2. Quantity and area of various types of real estate in projects specified in Clause 3, Article 12 of this Decree that meet conditions for business operation.

3. Quantity and area of various types of real estate in projects specified in Clause 3, Article 12 of this Decree that have been traded.

4. Quantity of various types of real estate in projects specified in Clause 3, Article 12 of this Decree that have been traded through real estate trading platforms.

5. Transaction price index for real estate.

6. Transaction volume index for real estate.

Chapter III

BUILDING THE INFORMATION SYSTEM ON HOUSING AND REAL ESTATE MARKET

Article 15. Building the technical infrastructure of information technology and software system for managing, operating, and exploiting the information system on housing and the real estate market

1. The technical infrastructure of information technology for housing and the real estate market includes a set of computing devices (servers, workstations), network connection devices, network security and safety devices, databases, storage devices, peripheral devices, and internal networks.

2. The software system for managing, operating, and exploiting the information system on housing and the real estate market includes: Operating systems, database management systems, application software, and network security software.

3. The construction and maintenance of the operation of the information system on housing and the real estate market include the following activities:

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

b) Construction and upgrading of the software system for managing, operating, and exploiting the information system on housing and the real estate market;

c) Training, instruction, and enhancement of staff capabilities;

d) Activities related to inspection and verification of data updates and connections;

đ) Other activities as prescribed by law.

Article 16. Building the Database on Housing and the Real Estate Market

1. The database on housing and the real estate market shall be built in accordance with the Vietnam Government Electronic Architecture Framework, Local Government Electronic Architecture, meeting standards for databases and technical standards, information technology standards, economic and technical norms.

2. The database on housing and the real estate market shall be constructed and managed uniformly from central to local levels, connected to land databases and information. Data sharing between relevant ministries, sectors, and localities for state management and administrative procedures is carried out according to the Government's regulations on management, connection, and sharing of digital data of state agencies.

3. The construction of the database on housing and the real estate market must ensure the implementation of data collection, declaration, updating, processing, and storage as stipulated in Articles 17, 18, and 20 of this Decree.

Article 17. Collection of information and data

1. Sources for collecting information and data:

a) From periodic reports as prescribed in Article 19 of this Decree;

b) From specialized databases, data on Housing Programs and Development Plans;

c) From statistics and reports of housing surveys and statistical programs;

d) From existing data on housing and the real estate market.

2. The management agency of the housing and real estate market information system shall be responsible for receiving information and data shared and provided by agencies and organizations in accordance with regulations to integrate them into the housing and real estate market database.

3. The Construction Department shall propose and report to the People's Committee of the province on the collection and updating of additional information and data on housing and the real estate market of the locality to serve timely management, economic and social development, and implementation upon approval.

Article 18. Provisions on sharing and providing information and data on housing and the real estate market

Sharing and providing information and data shall be conducted online at the portal of the housing and real estate market information system (website address http://www.batdongsan.xaydung.gov.vn) and carried out according to the forms prescribed in the Appendix attached to this Decree, specifically as follows:

1. The State Bank of Vietnam shall share and provide information and data on credit balances for business activities in the real estate sector including contents according to Form No. 1.

2. The Ministry of Planning and Investment shall share and provide information and data on foreign direct investment (FDI) in the real estate business sector including contents according to Form No. 2.

3. The Ministry of Finance shall share and provide information and data on corporate bond issuance related to the real estate business sector including contents according to Form No. 3.

4. The Construction Department shall provide information and data on:

a) Real estate brokerage certificates issued during the period according to Form No. 4;

b) Programs and plans for housing development and results of housing development; cases of housing development according to Form No. 5.

5. Department of Natural Resources and Environment

The Department of Natural Resources and Environment shall share and provide information and data on the issuance of land use right certificates, ownership certificates of houses and other assets attached to land according to Form No. 6.

6. Department of Planning and Investment

The Department of Planning and Investment shall share and provide information and data on foreign direct investment (FDI) in the real estate business sector according to Form No. 7.

7. Tax Departments

Tax Departments shall share and provide information and data on taxes for real estate transfer activities according to Form No. 8.

8. District People's Committees

District People's Committees shall provide information and data on the number and area of housing, urban and rural population according to Form No. 9.

9. Project Investors

Real estate project investors shall provide information and data on real estate projects according to the following forms:

a) Providing information and data on real estate projects and real estate products eligible for transactions during the reporting period according to Form No. 10.

Declarations and provision of information and data on real estate projects and the structure of real estate types of projects approved and appraised by competent authorities before the commencement notice is issued or before the construction permit is granted by the competent authority to implement the project (if applicable);

Declarations and provision of information and data on real estate products eligible for transactions and posting announcements from the Construction Department regarding housing eligible for sale or lease of future housing units shall be made before the investor puts the project's real estate up for transaction;

b) In case of transferring the entire or part of the project, the transferee investor shall provide information and data according to Form No. 11; the transferring investor must adjust and modify the information and data on the project. The management agency of the housing and real estate market information system shall issue a new account and guide access, declaration, and provision of information and data for the transferee investor;

c) Declaration and provision of information and data on real estate transaction situations of the project during the reporting period according to Form No. 12.

10. Real Estate Trading Floors

Real Estate Trading Floors shall provide information and data according to Form No. 13 sent to the Construction Department where the real estate transactions occur.

Article 19. Regime, Time Limit for Sharing and Providing Information and Data on Housing and Real Estate Market

1. Regime for Sharing and Providing Information and Data:

a) Quarterly, forms numbered: 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 13;

b) Annually, forms numbered: 5, 9.

2. Time Limit for Finalizing Data and Submitting Sharing and Providing Information and Data Forms:

a) The Ministry of Construction receives information and data:

- Quarterly: before the last day of the final month of the quarter being reported. For Form Number 1, it must be completed before the first day of the following quarter;

- Annually: before the last day of the final month of the year being reported;

b) The Construction Departments receive information and data:

- Quarterly: before the tenth day of the final month of the quarter being reported;

- Annually: before the tenth day of the final month of the year being reported;

c) Time limit for finalizing data: five days prior to the reporting date.

Article 20. Processing and Storing Information and Data

1. Receiving and Compiling Information and Data

The Construction Departments shall undertake receiving, compiling, and reviewing the information and data as stipulated in Clauses 4, 5, 6, 7, 8, 9, and 10 of Article 18; the Ministry of Construction shall undertake receiving, compiling, and reviewing the information and data as stipulated in Clauses 1, 2, 3, and 4 of Article 18 according to Clause 2 of Article 20 of this Decree.

2. The management agency of the housing and real estate market information system shall be responsible for processing the information and data before they are integrated and stored in the housing and real estate market database to ensure rationality and consistency. The content of the processing includes:

a) Checking and evaluating compliance with regulations and procedures in collecting information and data;

b) Checking and evaluating the legal basis and reliability of information and data;

c) Compiling, arranging, and classifying information and data in accordance with the prescribed content;

d) Within five working days, the provincial-level management agency of the housing and real estate market information system must review the reports of agencies and organizations as prescribed by this Decree before submitting them to the Ministry of Construction.

3. For information and data updated from specialized databases, the management agency of such specialized databases shall be responsible for ensuring the accuracy of the information and data.

4. Information and data on housing and the real estate market must be digitized, stored, and preserved in accordance with the laws on archives and specialized regulations to ensure safety and convenience in managing, exploiting, and using the information.

5. Agencies and units entrusted with the responsibility of managing the housing and real estate market database must have plans to digitize data that are not yet in digital form; they must implement management measures, business practices, and technical measures for the information system to ensure the security of digital information and data on housing and the real estate market.

Article 21. Ensuring Funding for Building, Managing, Operating, and Using the Housing and Real Estate Market Information System

1. State Budget Funding:

a) The central budget ensures funding for activities related to building and upgrading the technical infrastructure of information technology systems, software systems serving management, operation, and exploitation; surveys, collection of information, construction of databases, and regular maintenance of the housing and real estate market information system carried out at the central level;

b) Local budgets ensure funding for activities related to building and upgrading the technical infrastructure of information technology systems serving operation; surveys, collection of information, construction of databases, and regular maintenance of the housing and real estate market information system carried out at the local level.

2. Other sources as prescribed by law (if any).

3. The management agency of the housing and real estate market information system is permitted to allocate part of the revenue obtained from exploiting information and data on housing and the real estate market to serve the operation and regular maintenance of the housing and real estate market information system; the allocation of part of the revenue shall be carried out in accordance with the state budget law.

4. Funding for activities related to building and upgrading the technical infrastructure of information technology systems serving operation; surveys, collection of information, construction of databases, and regular maintenance of the housing and real estate market information system, and the management and use of funds obtained from the exploitation and use of information and data from the housing and real estate market database shall be implemented in accordance with the state budget law; in cases where projects have already utilized public investment capital from the state budget (if any), they shall be implemented in accordance with the public investment law.

Chapter IV

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

Article 22. Organization of the Management System for Housing Information and Real Estate Market

1. The Ministry of Construction shall utilize the assigned organizational structure and staffing to manage and operate the housing information and real estate market system at the central level; organize training and professional development for staff assigned to manage and operate the housing information and real estate market system at both the central and local levels.

2. The Construction Departments shall utilize the assigned organizational structure and staffing to establish plans for organizing the organizational structure and arranging personnel suitable for managing and operating the housing information and real estate market system at the local level without increasing the organizational structure and staffing, and report to the People's Committee of the province.

3. The management agency of the housing information and real estate market system is permitted to lease technical infrastructure according to the laws on state budget and public procurement.

4. The selection of organizations with sufficient qualifications and capabilities to undertake certain contents in the construction and management of the housing information and real estate market system, as stipulated by the laws on state budget, public investment, public procurement, cybersecurity, cyber security, and regulations on managing investment in the application of information technology using state budget funds, includes:

a) Building and providing services for the technical infrastructure of information technology;

b) Building and providing software systems for management, operation, and exploitation;

c) Managing and operating servers, computer equipment, computer networks, and other technical operations related to the information system;

d) Conducting surveys and research to build databases on housing and the real estate market.

5. Organizations selected to undertake the work of constructing and managing the housing information and real estate market system must have sufficient qualifications and capabilities in terms of operational experience, personnel, equipment, and other conditions appropriate to the tasks they undertake as specified in Clause 4 of this Article.

Selected organizations must be responsible under the law for the content of their work as stipulated in this Decree and other relevant laws.

Article 23. Management of the Housing Information and Real Estate Market System

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

2. Local Construction Departments shall manage the housing information and real estate market system at the local level.

3. The management agency of the housing information and real estate market system shall guide the sharing, provision, collection, updating, processing, storage, preservation, exploitation, and use of information and data on housing and the real estate market; specify financial regimes for collecting, updating, processing, managing, exploiting, and using such information; ensure adequate and timely funding for the construction and operation of the housing information and real estate market system.

4. The management agency of the housing information and real estate market system shall develop and implement solutions for security and safety of information; directly or entrust organizations with sufficient qualifications and capabilities to manage and operate servers, computer equipment, computer networks, ensuring the operation of the system; grant and assign access rights to agencies, organizations, and individuals to declare, share, provide information and data, and exploit and use information and data on housing and the real estate market.

5. In cases where information and data on the housing information and real estate market system need to be revised:

Based on the documents from agencies and organizations requesting revisions to shared and provided information and data, the management agency of housing and the real estate market shall coordinate to inspect, review, revise, update, and supplement the information and data on housing and the real estate market to ensure their appropriateness, completeness, and accuracy.

Article 24. Exploitation and Utilization of Housing and Real Estate Market Information System

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

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

a) Through the portal of the housing and real estate market information system (http://www.batdongsan.xaydung.gov.vn); the electronic portal of the Construction Department;

b) Through request forms or written requests;

c) By contract between the management agency of the housing and real estate market information system and the party exploiting and utilizing housing and real estate market data in accordance with the law.

3. Registration and granting of rights to exploit and utilize housing and real estate market information and data shall be carried out as follows:

a) Organizations and individuals who wish to register for the grant of rights to exploit and utilize housing and real estate market information and data shall submit request forms to the agencies or units entrusted with managing and providing housing and real estate market information and data in the following ways: Submitting directly in writing to the Provider; Sending via official correspondence, fax, postal service; Registering online on the Provider's electronic information page;

b) Within no more than seven working days from the date of receipt of the request, the Provider shall consider granting legitimate access rights to exploit and utilize housing and real estate market information and data; in case of refusal to provide exploitation and utilization rights, the Provider must respond clearly stating the reasons.

4. Subjects and Scope of Exploitation and Utilization

a) Agencies participating in building and maintaining housing and real estate market databases may exploit data within their own management scope. Exploitation of housing and real estate market data outside their management scope must be approved by the management agency of the housing and real estate market information system;

b) State management agencies required to connect and share housing and real estate market information related to serving state management work, investigative activities, verification, and handling of violations of the law;

c) Agencies, organizations, and individuals not specified in points a and b of this clause have the right to request sharing and provision of housing and real estate market information in accordance with the provisions of laws on access to information;

d) The management agency of the housing and real estate market information system shall not share or provide information affecting national security, business secrets of enterprises, personal information, except when serving investigative activities, verification, and handling of violations of the law and serving state management work of authorized agencies.

5. Subjects specified in point c of Clause 3 of this Article, when they need to use information, must pay the cost of exploiting and utilizing housing and real estate market information according to regulations.

Revenue from the provision of housing and real estate market information and data services shall be managed and utilized in accordance with the provisions of laws on the state budget.

Article 25. Disclosure of Information on Housing and Real Estate Market

1. The Ministry of Construction shall regularly disclose basic information on housing and the real estate market nationwide at the Housing and Real Estate Market Information System Portal (http://www.batdongsan.xaydung.gov.vn), including:

a) Annually: before December 31 of the year of disclosure, statistical data as prescribed in Article 9 of this Decree;

b) Quarterly: on the last day of each quarter, statistical data as prescribed in Article 14 of this Decree.

2. Provincial People's Committees shall assign the Department of Construction to regularly disclose basic information on housing and the local real estate market on the electronic portal managed by the unit.

a) Annually: before December 31 of the year of disclosure, statistical data as prescribed in Article 9 of this Decree;

b) Quarterly: on the last day of each quarter, statistical data as prescribed in Article 14 of this Decree.

Chapter V

RESPONSIBILITIES AND LIMITATIONS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN THE CONSTRUCTION, MANAGEMENT, AND USE OF THE HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM

Article 26. Responsibilities of the Ministry of Construction

1. To be responsible before the Government for performing state management functions over construction, management, and use of the housing and real estate market information system.

2. To submit to the Government for issuance or issue within its authority legal normative documents, mechanisms, and policies on construction, management, exploitation, and use of the housing and real estate market information system; to guide relevant agencies, organizations, and individuals in detail on sharing, providing, collecting, updating, processing, storing, preserving, exploiting, and using information and data on housing and the real estate market (if applicable); to propose to the Government adjustments and supplements to the content of the database on housing and the real estate market.

3. To entrust the specialized unit managing housing and the real estate market of the Ministry of Construction to carry out inspection, urging, and guiding related ministries, sectors, and localities across the country on construction, management, exploitation, and use of the housing and real estate market information system; to use allocated capital for building, upgrading technical infrastructure for information technology, software systems, building databases, and maintaining the operation of the housing and real estate market information system in accordance with current regulations; to be the focal point for receiving and consolidating information on housing and the real estate market shared and provided by related ministries, sectors, and localities.

4. To establish investment projects for building and upgrading technical infrastructure for information technology to meet the connection requirements with provincial Construction Departments, and to establish investment projects for building and upgrading software systems to serve management, operation, and exploitation of the housing and real estate market information system in accordance with the provisions of the law.

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

6. To propose programs for surveys and statistics on housing and the real estate market across multiple provinces and centrally-administered cities for submission to the Prime Minister for consideration and decision-making, and to organize implementation after approval.

7. To develop plans and manage the use of allocated capital for surveys, building databases, constructing, maintaining, and upgrading technical infrastructure for information technology, and software systems serving management, operation, and exploitation of the housing and real estate market information system in accordance with current regulations.

8. To report to the Prime Minister on the development situation of the real estate market; to share and provide information in the database on housing and the real estate market to relevant ministries and sectors for state management purposes.

9. To disclose agencies, organizations, and individuals violating the provisions of this Decree on the housing and real estate market information system.

10. To take the lead, coordinate, and urge related ministries, sectors, and localities to implement the contents prescribed in this Decree.

Article 27. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. Shall be responsible before the Government for collecting, sharing, and providing information related to housing and real estate market as stipulated in this Decree within their scope of management functions; directing subordinate agencies located at localities to share and provide information as prescribed in this Decree.

2. Coordinate with the Ministry of Construction in connecting and sharing information from relevant databases under their management, while ensuring the maintenance, connection, and sharing of information with the housing and real estate market database, specifically:

a) The Ministry of Natural Resources and Environment shall connect and share information and data on land use planning; the situation of issuing Land Use Right Certificates, Ownership Certificates of houses and other assets attached to land.

b) The General Statistics Office shall connect and share statistical information and data on the results of the Population and Housing Census and the Mid-Term Population and Housing Survey.

3. The Ministry of Finance shall allocate and arrange regular state budget funds for ministries and central agencies to build and upgrade technical infrastructure systems and software for management, operation, and exploitation; conduct surveys, collect information, build databases, and maintain the operation of the housing and real estate market information system according to the State Budget Law and guiding documents.

4. The Ministry of Science and Technology shall review and announce national standards, review national technical regulations; support national scientific and technological research tasks on building, managing, and using the housing and real estate market information system.

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

Article 28. Responsibilities of Provincial People's Committees

1. Provincial People's Committees shall report to the People's Councils at the same level to decide on allocating annual financial resources from the local budget for conducting surveys and collecting information to serve the construction of the housing and real estate market database; managing and operating the housing and real estate market information system at the locality; establishing, publicizing, and integrating planning information into the housing and real estate market information system.

2. Delegate the Department of Construction to take the lead:

a) To establish Regulations on cooperation in building and maintaining the information system, sharing, and providing information and data on housing and the local real estate market;

b) To organize the operation of the housing and real estate market information system at the locality;

c) To take the lead and coordinate with related units to collect information related to housing and the local real estate market; to receive information related to housing and the local real estate market shared and provided by agencies, organizations, and individuals;

d) To share and provide information to agencies, organizations, and individuals who need to exploit and use information in accordance with the law;

đ) To publish information about housing and the local real estate market, send reports to the Ministry of Construction as prescribed;

e) To develop and report to the Provincial People's Committee plans for surveying, collecting, and updating information about housing and the local real estate market within their plans and tasks, and to implement them after approval;

g) To monitor, urge, and inspect developers and real estate trading floors regarding the implementation of the information and data provision regime as prescribed in this Decree;

h) To announce agencies, organizations, and individuals violating the provisions of this Decree on the electronic portal managed by the unit;

i) To take the lead and coordinate with related agencies and organizations to implement the consolidation and calculation of statistical indicators on housing and the real estate market as prescribed in Articles 9 and 14 of this Decree to compile reports for the Ministry of Construction and the Provincial People's Committee;

3. To direct the implementation of ensuring the connection of the housing and real estate market database to housing management agencies at the district level in the locality.

4. To issue Regulations on cooperation in building and maintaining the information system, sharing, and providing information and data on housing and the local real estate market, and to direct related units to implement the Regulations after issuance.

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

6. To allocate annual financial resources from the local budget to implement the following contents: conducting surveys and collecting information to serve the construction of the housing and real estate market database; managing and operating the housing and real estate market information system at the locality; developing a web-based information search application, publicizing planning information, and integrating planning information into the national housing and real estate market information system.

7. To direct the Department of Construction to arrange organizational structures and staff to build and manage the housing and real estate market information system as prescribed in Clause 2, Article 22 of this Decree.

Article 29. Responsibilities and Authorities of Agencies, Organizations, and Individuals

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

a) To comply with the principles on the construction and use of information and data on housing and the real estate market as stipulated in Article 6 of this Decree and related provisions of competent authorities at all levels;

b) To implement the sharing and provision of full information on housing and the real estate market according to regulations, within the prescribed time limit. In cases where sharing and providing information within the prescribed time limit is not possible due to force majeure or other objective obstacles, they must submit a report in writing and share and provide the information as soon as conditions permit;

c) To be responsible under the law for the accounts provided and to be accountable for all activities carried out using their own accounts. In case of loss or theft of passwords or if unauthorized use of their account is detected, they must promptly notify the agency managing and operating the housing and real estate market information system;

d) Not to distort, damage, or cause loss of information and data on housing and the real estate market; not to illegally possess, destroy, or damage such information and data;

đ) Not to abuse the sharing and provision of information to harass, seek personal gain, or disseminate information contrary to legal provisions; not to obstruct the exploitation and use of information on housing and the real estate market as prescribed;

e) To exploit and use information on housing and the real estate market contrary to the provisions of this Decree and other legal provisions;

g) Not to share or provide third parties with data shared or provided by state agencies with authority for exploitation and use unless permitted by the competent authority managing the housing and real estate market information system;

h) To promptly notify the agency managing the housing and real estate market information system about any errors in the shared and provided information and data.

2. Agencies, organizations, and individuals shall have the right to:

a) Refuse requests to share or provide information and data that contravene the provisions of this Decree and other relevant laws;

b) Lodge complaints or denunciations in accordance with the law when their rights to exploit and use information are violated.

Chapter VI

IMPLEMENTING PROVISIONS

Article 30. Transitional Provisions

1. Where, upon the effective date of this Decree, agencies, organizations, and individuals are implementing according to the provisions of Government Decree No. 117/2015/NĐ-CP dated November 12, 2015, they must revise, supplement, and update information and data in accordance with the provisions of this Decree.

2. Where, at the time this Decree becomes effective, the completion and upgrading of software serving declaration and reporting of information and data have not been completed, agencies, organizations, and individuals shall report in writing.

Article 31. Effective Date

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

2. This Decree replaces Government Decree No. 117/2015/NĐ-CP dated November 12, 2015 concerning the construction, management, and use of the housing and real estate market information system.

Article 32. Implementation Organization

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree.