Decree No. 94/2024/ND-CP detailing certain provisions of the Law on Real Estate Business regarding the construction and management of information systems and databases on housing and the real estate market.

DECREE

Detailed regulations on certain provisions of the Real Estate Business Law

for m and management of information systems, databases

for housing and market real estate

^{______________} 

Pursuant toLaw on Government OrganizationLaw amending and supplementing some articles of the Law on the Organization of the Government and the Law on the Organization of Local Administration November 22, 2019;Decision No. 108/2023/NQ-QH15

Pursuant toReal Estate Business Lawdated November 28, 2023;

Pursuant toHousing Lawdated November 27, 2023;

Based on the Law Amending and Supplementing Certain Provisions of the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Real Estate Business Law No. 29/2023/QH15, the Law on Credit Institutions No. 32/2024/QH15 dated September 29 the 6 year 2024;    

At the proposal of the Minister of Construction;

The Government issues this Decree detailed regulations on certain provisions of the Real Estate Business Law regarding m and management of information systems, databases on housing and market real estate.  

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain Articles and Clauses of the Real Estate Business Law No. 29/2023/QH15 (hereinafter referred to as the Real Estate Business Law) including:

Article 72 on technical infrastructure for information technology and software systems serving the management, operation, and exploitation of information systems on housing and the real estate market.

2. Article 73 on databases concerning housing and the real estate market.

3. Article 74 on the construction, management, and operation of information systems about housing and the real estate market.

4. Point a and Point b Clause 2 Article 75 on the exploitation of information systems about housing and the real estate market.

Article 2. Applicability

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

Article 3. Explanation of Terms

1. Inventory of real estate refers to the quantity of real estate projects that meet the conditions for entering into transactions according to the law but have not been transacted during the reporting period.

2. The agency managing the information system on housing and the real estate market is the Ministry of Construction, Provincial People's Committees, and Municipal People's Committees directly under the central government. Among them, the Ministry of Construction manages the information system; databases on housing and the real estate market nationwide; Provincial People's Committees and Municipal People's Committees directly under the central government manage databases on housing and the real estate market within their respective localities.

Article 4. Principles for the construction, management, and use of information systems on housing and the real estate market

1. Ensuring timely service to state management work, ensuring national defense and security, meeting economic and social development requirements, and making information on housing and the real estate market public and transparent.

2. Databases on housing and the real estate market shall be constructed and managed centrally and uniformly from the central level to local levels; they shall be open; they shall meet data standards and technical norms issued by competent state authorities; ensuring smooth and timely connection, sharing, and provision of data with the national database and other relevant specialized databases.

3. Databases on housing and the real estate market shall be strictly managed to ensure information security, protect state secrets, and personal data privacy; ensuring convenience in exploitation and use, facilitating activities on online platforms.

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

5. The construction, management, exploitation, and use of information and data on housing and the real estate market must comply with their intended purposes, follow regulations on data management, connection, and sharing by state agencies, and laws on electronic transactions.

Chapter II

CONTENT OF DATABASES ON HOUSING

AND THE REAL ESTATE MARKET

Section 1

CONTENT OF DATABASES ON HOUSING

Article 5. National Housing Data

1. The system of legal normative documents on housing issued by the National Assembly, Government, Prime Minister, ministries, and sectors within their respective authorities. 2. Information and data on housing development programs and plans; housing support programs at the local level according to national target programs throughout the country, compiled from housing data of localities as stipulated in Clause 2 and Clause 8, Article 6 of this Decree.

3. Information and data on the results of implementing various types of housing development nationwide, compiled from housing data of localities as stipulated in Clause 2, Article 6 of this Decree.

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

5. Information and data from housing investigation and statistical programs nationwide, compiled from housing data of localities as stipulated in Clause 5, Article 6 of this Decree.

6. Information and data on the issuance of Land Use Right Certificates and ownership certificates for property attached to land, compiled from Form No. 2.

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

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

9. Information and data on housing for resettlement nationwide, compiled from housing data of localities as stipulated in Clause 6, Article 6 of this Decree.

10. Information and data on existing and currently used public service housing nationwide, compiled from housing data of localities as stipulated in Clause 7, Article 6 of this Decree.

11. Information and data on housing support programs according to national target programs and other housing support programs as prescribed by law nationwide, compiled from housing databases of localities as stipulated in Clause 8, Article 6 of this Decree.

Article 6. Local Housing Data

1. The system of legal normative documents on housing issued by localities within their respective authorities.

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

a) Commercial housing development;

b) Social housing development, worker dormitories in industrial zones, housing for the people's armed forces;

c) Public service housing development;

d) Housing development for resettlement;

e) Mixed-use housing development.

đ) Reconstruction and redevelopment of apartment buildings;

3. Information and data on individuals who have purchased, rented, or leased social housing on the local level compiled from Form No. 19.

4. Information and data on organizations and individuals from foreign countries owning houses in Vietnam on the local level compiled from Form No. 20.

5. Information and data from housing investigation and statistical programs at the local level compiled from Form No. 4.

6. Information and data on housing for resettlement on the local level compiled from Form No. 21.

7. Information and data on existing and currently used public service housing on the local level compiled from Form No. 22.

8. Information and data on housing support programs according to national target programs and other housing support programs as prescribed by law on the local level compiled from Form No. 23.

CONTENT OF REAL ESTATE MARKET DATABASE

Section 2

CONTENT OF THE DATABASE ON THE REAL ESTATE MARKET

Article 7. National real estate market data

1. The system of legal normative documents on the real estate market issued by the National Assembly, Government, Prime Minister, ministries, and sectors according to their respective authorities.

2. Information and data on the structure of real estate products; real estate meeting the conditions for trading; transfer of real estate projects; number and value of transactions; inventory of real estate projects nationwide are compiled from local real estate market data as stipulated in Clause 2, Article 8 of this Decree.

3. Information and data on the real estate market include:

a) Regarding foreign direct investment in the real estate business sector; activities of enterprises engaged in the real estate business sector compiled from Form No. 5;

b) Regarding credit outstanding for business operations in the real estate sector compiled from Form No. 6;

c) Regarding issuance of corporate bonds related to the real estate business sector compiled from Form No. 7;

d) Regarding taxes on real estate transfer activities compiled from Form No. 8;

e) Regarding the number and value of real estate transactions through notarization and certification activities compiled from local real estate market data.

4. Information and data on real estate service businesses nationwide are compiled from local real estate market data as stipulated in Clause 4, Article 8 of this Decree.

5. Information and data on real estate brokerage certificates nationwide are compiled from local real estate market data as stipulated in Clause 6, Article 8 of this Decree.

Article 8. Local real estate market data

1. The system of legal normative documents on the real estate market issued by localities according to their respective authorities.

2. Information and data on the structure of real estate products; real estate meeting the conditions for trading; transfer of real estate projects; number and value of transactions; inventory of real estate projects within the locality as stipulated in Article 9 are compiled from Form No. 9, Form No. 10, and Form No. 11 attached to this Decree.

3. Information and data on the real estate market include:

a) Regarding foreign direct investment in the real estate business sector within the locality compiled from Form No. 12;

b) Regarding issuance of investment certificates for various types of real estate projects within the locality compiled from Form No. 13;

c) Regarding the number and value of real estate transactions through notarization and certification activities within the locality compiled from Form No. 14;

d) Regarding land for auction and the situation of land auctions for residential projects investing in infrastructure construction for auctioning land use rights for individuals to build houses compiled from Form No. 15.

4. Information and data on real estate service businesses registered to operate within the locality are compiled from Form No. 16 including:

a) Information on real estate brokerage service businesses;

b) Information on real estate intermediary service businesses;

c) Information on real estate advisory and management service businesses.

5. Information and data on the number and value of real estate transactions through real estate trading platforms within the locality are compiled from Form No. 17.

6. Information and data on real estate brokerage certificates issued during the period are compiled from Form No. 18.

Article 9. Information for real estate business projects

1. Legal information about the real estate project is regulated in Clause 2, Clause 3, Clause 4, Clause 5 of Article 6 of the Law on Real Estate Business and Clause 2 of Article 4 of Decree No. 96/2024/ND-CP dated July 22, 2024 detailing certain provisions of the Law on Real Estate Business.

2. Information and data on the product structure according to quantity and area of various types of real estate in the project include:

a) Individual houses (villas, attached houses, and independent houses);

b) Residential apartments;

c) Land with technical infrastructure within the real estate project for individuals to build houses (in the form of land plots or building sites);

d) Commercial and service facilities, office buildings; office buildings combined with accommodation; residential units for lodging;

đ) Tourist villas, tourist apartments;

e) Factories, production land in industrial zones;

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

3. Information and data on the number and area of various types of real estate in the project that meet the conditions for transactions as stipulated in Clause 2 of this Article.

4. Information and data on transaction activities of the real estate project include:

a) Number and area of real estate;

b) Transaction price of real estate;

c) Inventory of each type of real estate;

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

đ) Data on project transfers (if any).

Chapter III

CONSTRUCTION, MANAGEMENT, OPERATION, DISCLOSURE AND EXPLOITATION OF THE HOUSING INFORMATION SYSTEM

AND EXPLOITATION OF THE HOUSING INFORMATION SYSTEM

AND THE REAL ESTATE MARKET

Section 1

CONSTRUCTION OF THE HOUSING INFORMATION SYSTEM

AND THE REAL ESTATE MARKET

Article 10. Technical Infrastructure of Information Technology

The technical infrastructure of information technology for housing and the real estate market at the central level includes: server systems, workstations, network connection equipment, network security and cybersecurity devices, internet transmission systems, storage devices, and other equipment.

The technical infrastructure of information technology for housing and the real estate market at the local level includes: workstations, internet transmission systems, and other equipment.

Article 11. Software System for Managing, Operating, and Exploiting Housing Information and the Real Estate Market

1. Application software for collecting, updating information and data, and integrating shared data nationwide, accessible at https://bds.xaydung.gov.vn.

2. Application software for disclosing, searching for information and data, and sharing shared data nationwide, accessible at https://batdongsan.xaydung.gov.vn.

Article 12. Construction of Technical Infrastructure of Information Technology and Software for Managing, Operating, and Exploiting Housing Information and the Real Estate Market

1. The construction of technical infrastructure of information technology and software for managing, operating, and exploiting housing information and the real estate market includes the following activities:

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

b) Building and upgrading software systems to manage, operate, and exploit housing information and the real estate market;

c) Training, instructing, and enhancing the capacity of civil servants, public officials, and employees.

2. The Ministry of Construction shall be responsible for organizing the construction of technical infrastructure of information technology at the central level and software systems for collecting, updating information and data, and integrating shared data; disclosing, searching for information and data, and sharing shared data.

Article 13. Construction of a database on housing and the real estate market

1. The database on housing and the real estate market shall be constructed in accordance with the National Overall Architecture Framework number and local electronic government architecture. Data sharing on housing and the real estate market among relevant ministries, sectors, and localities for state management and administrative procedures shall be carried out in accordance with the Government's regulations on managing, connecting, and sharing digital data of state agencies and laws on electronic transactions.

2. The construction of the database on housing and the real estate market shall be implemented in accordance with Articles 14, 15, 16, and 17 of this Decree.

Article 14. Collection of Information and Data

1. Sources of information and data collection:

a) From periodic reports as stipulated in Article 15 of this Decree;

b) From specialized databases, data on housing development programs and plans;

c) From statistical survey results and reports on housing;

d) From existing housing and real estate market data that have been digitized.

2. The agency managing 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. Provincial People's Committees under the central government shall collect and update additional information and data on housing and the real estate market of their locality to serve timely management and socio-economic development work.

Article 15. Sharing and Providing Information and Data

1. The sharing and providing of information and data between agencies and organizations shall be conducted online through the Real Estate Market Information System Electronic Portal (https://batdongsan.xaydung.gov.vn) according to the forms prescribed in the Appendix attached to this Decree.

2. Ministries, equivalent ministries, and sectors:

a) The General Statistics Office shall share and provide information and data on housing based on the census and mid-term census data according to Form No. 1;

b) The Ministry of Natural Resources and Environment shall share and provide information and data on land use rights certificate issuance and property ownership certificates combined from Form No. 2;

c) The Ministry of Planning and Investment shall share and provide information and data on foreign direct investment in the real estate business sector, including the activities of enterprises engaged in the real estate business according to Form No. 5;

d) The State Bank of Vietnam shall share and provide information and data on credit balances for real estate business activities according to Form No. 6;

đ) The Ministry of Finance shall share and provide information and data on corporate bond issuance related to the real estate business sector according to Form No. 7;

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

3. Provincial People's Committees under the central government shall share and provide the following information and data:

a) On housing development programs and plans; housing support programs according to Form No. 3;

b) On foreign direct investment in the real estate business sector within their jurisdiction according to Form No. 12;

c) On investment decisions for real estate projects within their jurisdiction according to Form No. 13;

d) On the quantity and value of real estate transactions through notarization and certification activities within their jurisdiction according to Form No. 14;

đ) On residential land for auction and the situation of residential land auctions for infrastructure construction projects to auction land use rights for individuals to build houses according to Form No. 15;

e) On real estate service businesses operating within their jurisdiction summarized according to Form No. 16;

g) On the quantity and value of real estate transactions through real estate trading floors within their jurisdiction according to Form No. 17;

h) On real estate broker certificates issued during the period according to Form No. 18;

i) On individuals who have purchased, rented, or leased social housing within their jurisdiction according to Form No. 19;

k) On organizations and individuals from abroad owning houses in Vietnam within their jurisdiction according to Form No. 20;

l) On housing for resettlement within their jurisdiction according to Form No. 21;

m) On the quantity and area of current and in-use public housing within their jurisdiction according to Form No. 22;

n) On housing support programs within their jurisdiction according to the national target program specified in Clause 8, Article 6 of this Decree according to Form No. 23.

4. Developers of real estate projects shall provide the following information and data:

a) Before putting real estate or real estate projects into operation, developers of real estate projects must publicly disclose and provide information about real estate and projects in accordance with Clauses 2, 3, 4, and 5 of Article 6 of the Law on Real Estate Business; Article 4 of Decree No. 96/ND-CP dated July 22, 2024 detailing certain provisions of the Law on Real Estate Business and Article 9 of this Decree according to Form No. 9;

b) In cases of transferring all or part of a project, the developer receiving the transfer shall provide information and data on the structure of transferred real estate according to Form No. 10; the transferring developer must adjust and modify the information and data on the project;

The agency managing the housing and real estate market information system shall provide new accounts and guide access, declaration, and provision of information and data for the developer receiving the transfer;

c) Declaration and provision of information and data on transaction situations: the quantity and value of real estate transactions of the project during the reporting period according to Form No. 11.

Article 16. Receiving and Processing, Storing Information and Data

1. Receiving information and data:

a) The Ministry of Construction shall receive information and data from ministries and sectors in accordance with Clause 2, Article 15 of this Decree; receive information and data from provincial People's Committees and centrally governed city People's Committees in accordance with Clause 3, Article 15 of this Decree.

b) Provincial People's Committees and centrally governed city People's Committees shall receive information and data according to forms number 3, number 12, number 13, number 14, number 15, number 16, number 18; number 19, number 20, number 21, number 22, number 23 from departments, sectors, districts, and counties within their jurisdiction in accordance with Clause 3, Article 15 of this Decree; receive information and data according to forms number 9, number 10, number 11 from project investors and form number 17 from real estate trading floors within their jurisdiction in accordance with Clause 4, Article 15 of this Decree.

2. The management agency of the housing and real estate market information system shall be responsible for processing information and data before they are integrated and stored in the housing and real estate market database to ensure accuracy, rationality, and consistency. The content of information and data 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) Aggregating, arranging, and classifying information and data in accordance with the prescribed content.

d) Within five working days, the provincial housing and real estate market information system management agency must review reports from agencies and organizations as stipulated in this Decree before sending them to the Ministry of Construction.

3. In cases where information and data on the housing and real estate market information system need to be edited, based on written documents or direct requests from agencies and organizations regarding the editing of shared and provided information and data, the housing and real estate market management agency shall coordinate to check, review, edit, update, and supplement to ensure the suitability, completeness, and accuracy of the information and data.

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

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

6. Agencies and units entrusted with the responsibility of managing the housing and real estate market database must have plans to digitize data not yet in digital form; 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 17. Time Limit for Sharing and Providing Information and Data on Housing and the Real Estate Market

1. Information and data shall be provided and shared before immovable property or real estate projects are put into operation for Form number 9.

2. Information and data shared and provided must be regularly and continuously updated when transactions occur for Forms number 9; 10; 11; 14. At the same time, finalizing the data and submitting the sharing and providing information and data forms in accordance with Clause 6 of this Article.

3. Information and data shall be shared and provided quarterly for Forms number 2; 5; 6; 7; 8; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23.

4. Information and data shall be shared and provided annually for Forms number 3, 4.

5. Information and data shall be shared and provided every five years for Form number 1.

6. 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 15th day of the first month of the quarter following the reporting quarter;

Annually: before January 20 of the year following the reporting year;

Every five years: after the mid-term population and housing census data is published.

b) Provincial People's Committees and centrally governed city People's Committees receive information and data:

Quarterly: before the 10th day of the first month of the quarter following the reporting quarter;

Annually: before January 15 of the year following the reporting year;

c) Deadline for finalizing data: at the end of the reporting period.

Section 2

MANAGEMENT AND OPERATION OF THE HOUSING INFORMATION SYSTEM

AND THE REAL ESTATE MARKET

Article 18. Organization of management machinery for the housing information system and real estate market

1. The Ministry of Construction shall allocate civil servants and officials suitable to job requirements to manage and operate the housing information system and real estate market at the central level; organize training and professional development for civil servants and officials assigned to manage and operate the housing information system and real estate market at the central level and manage the construction of databases at local levels.

2. Provincial People's Committees and municipal people's committees under the central government shall allocate civil servants and officials suitable to job requirements to construct, update, manage, and exploit databases on housing and the real estate market at the local level.

3. The agency managing the housing information system and real estate market may lease technical infrastructure and information technology systems to serve management, operation, and exploitation according to laws on state budget, public procurement laws.

4. The selection of organizations with sufficient capacity to undertake certain tasks in constructing and managing the housing information system and real estate market according to laws on state budget, public investment laws, public procurement laws, cybersecurity laws, cyber security laws, and regulations on managing investment in the application of information technology using state budget funds includes:

a) Constructing and providing services for information technology technical infrastructure systems;

b) Constructing and providing software systems to serve management, operation, and exploitation;

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

d) Surveying and researching to build databases on housing and the real estate market.

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

Selected organizations must bear responsibility under the law for the content of their work as prescribed in this Decree and other relevant laws.

Article 19. Management of the Housing Information System and Real Estate Market

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

2. Provincial People's Committees and municipal people's committees under the central government shall manage databases on housing and the real estate market within their respective jurisdictions.

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

4. The agency managing the housing information system and real estate market shall establish and implement principles, solutions, and legal provisions on cybersecurity and information security; directly or entrust organizations with sufficient capacity to undertake the management and operation of software systems, servers, computing devices, computer networks, ensuring the operation of the system; grant and assign accounts and access rights to agencies, organizations, and individuals to declare, share, provide, and exploit information and data on housing and the real estate market, and revoke accounts and access rights from organizations and individuals violating the provisions of this Decree.

Section 3

ANNOUNCEMENT AND EXPLOITATION OF HOUSING INFORMATION

AND THE REAL ESTATE MARKET

Article 20. Disclosure of Information on Housing and Real Estate Market

1. Comprehensive information on housing and the real estate market shall be disclosed on the portal of the housing and real estate market information system at the website address https://batdongsan.xaydung.gov.vn.

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

a) Annually: before February 10 of the following year from the date of disclosure of the information specified in Clause 3, Article 5 of this Decree;

b) Quarterly: before the first day of the month of the quarter following the quarter in which the information specified in Clause 6, Article 5; Clause 2, Clause 3, Clause 4, Article 7 of this Decree was disclosed.

3. Provincial People's Committees and municipal people's committees under the central government shall periodically disclose comprehensive information on housing and the real estate market within their jurisdiction:

a) Annually: before January 31 of the following year from the date of disclosure of the information specified in Clause 3, Clause 4, Article 6 of this Decree;

b) Quarterly: before the twentieth day of the first month of the quarter following the quarter in which the information specified in Clause 2, Clause 3, Clause 4, Article 8 of this Decree was disclosed.

Article 21. Exploitation of Information on Housing and the Real Estate Market

1. Objectives, Scope of Exploitation and Use

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

b) State management agencies are required to connect and share relevant information on housing and the real estate market for state management work, investigative activities, verification, and handling of violations of laws;

c) Organizations, entities, and individuals other than those specified in point a and b of this clause have the right to request sharing and provision of detailed and specialized information on housing and the real estate market in accordance with the provisions of the law on access to information;

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

2. Forms of Exploitation and Use of Databases on Housing and the Real Estate Market Include:

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

b) Through data sharing services in accordance with regulations on the management, connection, and sharing of digital data of state agencies;

c) Through request forms or written requests;

d) By contract between the agency managing the housing and real estate market information system and the party exploiting and using data on housing and the real estate market in accordance with the provisions of the law.

3. Registration and Granting of Rights to Exploit and Use Information and Data on Housing and the Real Estate Market Shall Be Implemented As Follows:

a) Organizations and individuals who need to register for rights to exploit and use detailed and specialized information on housing and the real estate market shall submit request forms to the agencies or units entrusted with the management and provision of information and data on housing and the real estate market through the following methods: 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 a period not exceeding seven working days from the date of receipt of the request, the agencies or units entrusted with the management and provision of information and data on housing and the real estate market shall consider granting legitimate access rights to exploit and use information and data on housing and the real estate market; in cases where the provision of exploitation and use rights is refused, they must respond and clearly state the reasons.

4. The subjects specified in point c, Clause 1 of this Article, when needing to use detailed and specialized information and data on housing and the real estate market, must pay the cost of providing information in accordance with the provisions of the law on pricing. The revenue from providing information and data services on housing and the real estate market shall be implemented in accordance with the regulations of the Minister of Finance.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 22. Responsibilities of the Ministry of Construction

1. To be responsible before the Government for performing state management functions regarding construction, managing, and using the housing and real estate market information system and database.

2. Implement inspection, urging, and guidance to relevant ministries, sectors, and localities nationwide on housing construction, management, operation, and use of information systems on housing and real estate markets; utilize allocated capital for building, upgrading technical infrastructure, software systems, establishing databases, and maintaining the operation of the housing and real estate market information system in accordance with current regulations; be responsible for receiving, consolidating information on housing and real estate markets shared and provided by relevant ministries, sectors, and localities.

3. Organize investment, construction, upgrading, or leasing services for technical infrastructure to meet connectivity requirements with relevant ministries, sectors, and localities nationwide; establish projects for investment in building and upgrading software systems to serve management, operation, and exploitation of the housing and real estate market information system in accordance with legal provisions.

4. Organize the construction and upgrading of unified software systems for managing, operating, and exploiting the housing and real estate market information system; build and upgrade technical infrastructure related to housing and real estate markets to meet connectivity requirements with relevant ministries, sectors, and localities nationwide; establish databases, manage, and organize the operation of the housing and real estate market information system at the central level; share and provide information on housing and real estate markets to agencies, organizations, and individuals in accordance with legal provisions.

5. Develop plans and manage the use of allocated capital for surveys, database establishment, building, maintenance, and upgrading of technical infrastructure and software systems serving the management, operation, and exploitation of the housing and real estate market information system in accordance with current regulations.

6. Report to the Prime Minister on the development situation of the real estate market; share and provide information from the housing and real estate market database to relevant ministries and sectors to serve state management work.

7. Announce agencies, organizations, and individuals violating the provisions of this Decree on the housing and real estate market information system.

8. Take the lead, coordinate, and urge relevant ministries, sectors, and localities to implement the contents stipulated in this Decree.

9. Establish and hand over access accounts for ministries and sectors to facilitate information and data sharing and provision related to housing and real estate markets, and database management accounts for provincial People's Committees under the Central Government.

Article 23. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. Be responsible before the Government for collecting, sharing, and providing information related to housing and real estate markets as prescribed in this Decree within their functional management scope; direct subordinate agencies located in localities to share and provide information in accordance with this Decree.

2. The Ministry of Public Security shall cooperate in connecting and sharing data from the national population database to enrich relevant data as prescribed by the Government.

3. The Ministry of Natural Resources and Environment shall cooperate in connecting and sharing data from the national land database to enrich relevant data as prescribed by the Government.

4. The Ministry of Science and Technology shall review and announce national standards, review national technical regulations; support national scientific and technological tasks on housing information system construction, management, and use.

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

Article 24. Responsibilities of the People's Committee of the province, centrally governed city

1. The People's Committee of the province, centrally governed city shall report to the People's Council at the same level for the decision on allocating annual financial resources from the local budget for the investigation, collection of information serving the construction of databases, management, operation of databases on housing and real estate market, and investment, maintenance, upgrading of technical infrastructure for information technology.

2. Develop and promulgate regulations on cooperation in constructing databases, sharing, and providing information and data on housing and the real estate market within their jurisdiction.

3. Aggregate, report, provide information on housing and the real estate market within their jurisdiction in accordance with this Decree.

4. Organize implementation or delegate the provincial competent state management agency on real estate business to implement:

a) Construction, management, updating of information and data into the database on housing and the real estate market at the local level;

b) Establish and hand over access accounts to agencies, organizations within their jurisdiction for reporting work, sharing information and data on housing and the real estate market; For project investors in real estate, the establishment and handover of access accounts shall be carried out immediately after the competent state management agency issues the Decision on Investment Orientation or approves the Investment Orientation or approves the real estate project investment;

c) Serve as the point of contact for receiving information related to housing and the real estate market at the local level shared or provided by agencies, organizations, individuals;

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

đ) Implement the collection, analysis, and publication of comprehensive information on housing and the real estate market at the local level as prescribed on the portal of the system of information on housing and the real estate market and the website managed by the locality;

e) Guide, urge, inspect relevant departments, organizations, businesses engaged in real estate business within their jurisdiction to comply with regulations on building, managing, and using the information system and database on housing and the real estate market as prescribed in this Decree;

g) Announce agencies, organizations, individuals violating the provisions of this Decree on the website managed by the locality.

5. Based on job requirements and actual conditions of the locality, proactively arrange appropriate civil servants and officials to build, manage, operate, and exploit the database on housing and the real estate market in accordance with this Decree.

6. Direct the implementation of ensuring connectivity and interoperability between the housing and real estate market databases within their jurisdiction with other specialized databases that are related.

Article 25. Responsibilities and authorities of organizations and individuals

1. Agencies, organizations, and individuals have the responsibility:

a) To share, report, and provide complete information on housing and the real estate market in accordance with the regulations, within the specified time frame. They bear full responsibility for the content and figures they provide and share. In cases where they cannot share or provide information within the specified timeframe due to force majeure or objective obstacles, they must submit a written report and share or provide information as soon as conditions permit;

b) To bear legal responsibility for the account provided and be responsible for all activities carried out through their own account. In case the password is lost or stolen or if unauthorized use of their account is detected, they must promptly notify the agency managing and operating the information system on housing and the real estate market;

c) Not to distort, damage, or lose information and data on housing and the real estate market; not to illegally possess, destroy, or damage information and data on housing and the real estate market;

d) Not to take advantage of sharing and providing information to harass, profit, or disseminate information contrary to legal regulations; obstruct the exploitation and use of information on housing and the real estate market as prescribed;

đ) Exploit and use information on housing and the real estate market contrary to the provisions of this Decree and other legal regulations;

e) Not to share or provide third parties with data shared or provided by authorized state agencies for exploitation and use, except when permitted by the authorized agency managing the information system on housing and the real estate market;

g) Promptly notify the management agency of the housing and real estate market information system about any errors in the information and data shared or provided.

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.

Article 26. Transitional Provisions

In cases where the common software system has not been completed by the time this Decree takes effect, agencies, organizations, and individuals shall submit written reports.

Once the common software system is completed, agencies, organizations, and individuals shall share and provide information online in accordance with this Decree.

Article 27. Effective Date

1. This Decree takes effect from August 1, 2024.

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Committees of provinces, centrally governed cities are responsible for implementing this Decree.

2. Decree No. 44/2022/NĐ-CP dated June 29, 2022 of the Government on building, managing, and using the information system on housing and the real estate market shall cease to be effective from the date this Decree takes effect.