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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
117/2015/ND-CP
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Hanoi,
November 12, 2015
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DECREE
ESTABLISHMENT, MANAGEMENT AND USE OF HOUSING AND REAL ESTATE
MARKET INFORMATION SYSTEM
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on Housing
dated November 25, 2014;
Pursuant to the Law on Real
Estate Trading dated November 25, 2014;
At the request of the Minister
of Construction,
The Government promulgates the
Decree on establishment, management and use of house and real estate market
information system.
Chapter I
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Article 1.
Governing scope
This Decree provides for
establishment, management and use of house and real estate market information
system (hereinafter referred to as 'information system’); responsibility and
authority of agencies, organizations, and individuals in the establishment,
management and use of the information system.
Article 2.
Regulated entities
This Decree applies to agencies,
organizations, and individuals in connection with the establishment, management
and use of the information system.
Article 3.
Information system
1. The information system
comprises:
a) Database about houses and real
estate market:
b) Infrastructure of information
technology about houses and real estate market;
c) Software system serving
management and operation;
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Article 4.
Principles of construction, management and use of the information system
Establishment, management and use
of the information system should follow following principles:
1. The information system must be
established and managed in uniformity from central to local government in
compliance with standards and regulations on application of information
technology in regulatory agencies ensuring scientificity and convenience in
operation and use.
2. Database about houses and real
estate market should be readily available to meet requirements for state
administration and socio-economic development, ensuring national security.
3. Information and data about
houses and real estate market collected, updated, maintained, exploited and
used should guarantee authenticity and objectivity.
4. Information and data about
houses and real estate market should be exploited and used purposefully and in
compliance with law provisions.
Article 5.
Prohibited acts and handling of violations in establishment, management and use
of information system
1. Prohibited acts
a) Supply information not as
prescribed hereof;
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c) Illegally seize, destroy and
damage information and data about houses and real estate market;
d) Exploit and use information
about houses and real estate market in opposition to provisions set out hereof
and other law provisions;
dd) Obstruct exploitation and use
of information about houses and real estate market;
2. Handling of violations
Agencies, organizations, and
individuals in breach of provisions prescribed in Clause 1, this Article,
depending on nature and severity of the violations, shall be disciplined, face
penalties for administrative violations or be liable to criminal prosecution
according to law provisions;
Chapter II
DATABASE ABOUT HOUSES AND REAL ESTATE MARKET
Article 6.
Database about houses and real estate market
1. Database about houses and real
estate market is a collection of basic information and data about houses and
real estate market that have been collected, examined, processed, digitalized,
incorporated and stored systematically and in an organized way in the form of
data files stored in computer system, storage devices, or information carrier
to facilitate updating, management and exploitation by information technology system
with the aim of serving state administration, socio-economic activities and
other proper purposes;
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a) National database about houses
and real estate market is a collection of general information and data about
houses and real estate market on a national scale collected from Local database
about houses and real estate market, information provided by ministries and
departments, and national housing survey program;
National database about houses and
real estate market is established, stored and managed by the Ministry of
Construction.
Content of National database about
houses and real estate market is detailed in Article 7 hereof;
b) Local database about houses and
real estate market is a collection of basic information and data about houses
and real estate market collected in the administrative division of
central-affiliated cities and provinces;
Database about houses and real
estate market is assigned to the Service of Construction for establishment,
storage and management by People’s committees of central-affiliated cities and
provinces (hereinafter referred to as People’s committees of provinces).
Content of National database about
houses and real estate market is detailed in Article 8 hereof;
3. Information and data prescribed
in Points c, e, Clause 2, Article 7 and Points b, c, e, g, Clause 2, Article 8
hereof shall be collected and updated for real estate types eligible for
trading:
a) Land for housing construction;
b) Individual houses, apartment
houses;
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d) Hotels;
dd) Commercial and service
premises;
e) Technical infrastructure of
industrial zones, industrial complexes;
g) Eco-tourist zones, resorts
4. The Ministry of Construction
shall preside over and cooperate with relevant agencies and units in making
adjustments and supplements to content of necessary database and information in
connection with houses and real estate market in the database about houses and
real estate market.
Article 7.
Content of National database about houses and real estate market
1. National database about houses
comprises:
a) A system of legislative
documents concerning houses and housing lands promulgated within competence by
National Assembly, Government, Ministries and Departments;
b) Number and area of individual
houses; area of land for investment and construction of houses; number and area
of urban and rural houses; number and area of houses classified by form of
ownership, level of strength as prescribed in Points c, d, dd, e, Clause 1,
Article 8 hereof compiled from Local database about houses;
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d) National program and plan for
housing development;
dd) Number and area of official
residences;
e) Other statistical figures about
houses;
2. Database about real estate
market comprises:
a) A system of legislative
documents in connection with real estate market promulgated within competence
by National Assembly, Government, Ministries and Departments;
b) Number of enterprises trading
real estate;
c) Figures about real estate
projects; demands for real estate types according to statistics, forecasts;
real estate transaction; finance; database about real estate trading floor
prescribed in Points b, c, d, dd, Clause 2, Article 8 hereof compiled from
local database about real estate market;
d) Information and data about
credit balance for business activities in the area of real estate;
dd) Database about individuals
practicing as estate market broker;
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Article 8.
Content of Local database about houses and real estate market
b) Local database about houses and
real estate market is collected according to commune-level administrative
division and for all central-affiliated cities and provinces including:
1. Local database about houses
includes:
a) A system of legislative
documents in connection with houses and housing lands promulgated by local
authorities;
b) Figures, statistics, reports
from local program for investigation and statistics of houses;
c) Information, data about local
program and plan for housing development; basic information, number of housing
investment projects; number and area of individual houses; area of land for
housing investment;
d) Number and area of urban and
rural houses;
dd) Number, area of houses owned by
state, collectives, individuals and foreign organizations and individuals;
e) Database about houses classified
by level of strength;
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h) Number of land use right
certificates and house ownership rights that have been granted;
i) Management of apartment houses;
k) Other statistical norms about
houses in localities;
2. Database about local real estate
market comprises:
a) A system of legislative
documents in connection with real estate market promulgated by local
authorities;
b) Number of projects and
development; number of individual types of real estate products of the
projects; demands for individual types of real estate products according to
statistics and forecasts;
c) Real estate transaction includes
information about amount of transaction, prices;
d) Information and data about
land-related government revenues and business activities in the area of real estate;
dd) Database about real estate
trading floor:
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g) Other statistical norms about
local real estate market development;
Chapter III
CONSTRUCTION OF INFORMATION SYSTEM
Article 9.
Establishment of database about houses and real estate market
1. Database about houses and real
estate market is established in accordance with architecture of national
information system, meeting database standards, technical and information
technology regulations and standards, economic – technical norms ;
2. Database on houses and real
estate market shall be connected online to land database, relevant databases of
ministries, departments, local governments, between central level and
provincial level, and between provincial level and databases of district housing
authorities.
3. Establishment of database about
houses and real estate market includes collection, updating, processing and
storage of information as prescribed in Points 10, 11, 12 hereof;
Article 10.
Collection, updating of information, data
1. Collecting and updating
information and data about houses and real estate market should comply with
regulations, processes and economic – technical norms.
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a) From regular and irregular
reports by agencies, organizations, and individuals as prescribed;
b) From specialty databases;
c) From available database about
houses and real estate market;
d) From investigation and survey
data;
dd) Other forms
3. House and real estate market
database management agencies (hereinafter referred to as ‘the management
agency') shall be responsible for receiving information and data provided by
agencies, organizations, and individuals to incorporate into the database about
houses and real estate market.
4. The Services of Transport shall
make the report to People’s committees of provinces on the collection and
updating of information, data about houses and real estate market at local
level serving management and socio-economic development.
Article 11.
Processing of information, data
1. The management agency shall be
responsible for processing information and data before incorporating into the
database about houses and real estate market to ensure logicality and
uniformity. Processing of information, data includes:
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b) Inspect and assess legal
foundation, reliability of information, data;
c) Compile, arrange and classify
information, data in accordance with provisions as prescribed;
2. For information, database
updated from specialty databases, the agency that manage such specialty
database shall be responsible for ensuring accuracy of the information and
data.
Article 12.
Storage and protection of information, data
1. Information and data about houses
and real estate market should be digitalized, stored and protected according to
laws on archives and other regulations to ensure safety and convenience in the
management, exploitation and use of information.
2. Agencies, units tasked with
managing database about houses and real estate market should have plan for
digitalizing data and technical measures to ensure safety for digitalized
information, data about houses and real estate market.
Article 13.
Report and supply of information, data by agencies, organizations
1. Information and data are
provided on a monthly basis:
a) Real estate trading floor, real
estate organizations shall provide information as prescribed in Point c, Clause
2, Article 8 hereof to the Services of Construction according to Forms No. 1,
2, 3 in Appendix enclosed herewith;
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c) The Services of Justice,
People’s Committees of communes shall report information about real estate
transaction as prescribed in Point c, Clause 2, Article 8 hereof through
authentication or certification of contracts as true copy to the Services of
Construction according to Form 6 in the Appendix enclosed herewith;
2. Information and data are
provided on a quarterly basis:
a) The investor shall provide
information about development of housing and real estate projects, number of
project products as prescribed in Point b, Clause 2, Article 8 hereof to the
Services of Construction according to Forms 8a, 8b, 8c, 8d in the Appendix
enclosed herewith;
b) The Service of Natural Resources
and Environment shall provide information as prescribed in Point h, Clause 1,
Article 8 hereof to the Services of Construction according to Form 9 in the
Appendix enclosed herewith;
3. Information and data are
provided on a monthly basis:
a) People’s committees of districts
provide information as prescribed in Point i, Clause 1, Article 8 hereof to the
Services of Construction for compilation and storage according to Form 10 in
the Appendix enclosed herewith;
b) The Service of Natural Resources
and Environment, Provincial Department of Taxation shall provide information
about area of land for investment and construction as prescribed in Point c,
Clause 1, Article 8 hereof and information prescribed in Point d, Clause 2,
Article 8 hereof to the Services of Construction for compilation and storage
according to Forms 11, 12 in the Appendix enclosed herewith;
c) The Service of Planning and
Investment shall provide information as prescribed in Point b, Clause 2,
Article 7 to the Services of Construction for compilation, storage and making
report to the Ministry of Construction according to Form 13 in the Appendix
enclosed herewith;
4. Information and data are
provided on an annual basis:
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b) Ministries, ministerial-level
agencies within competence shall provide information about types of houses
under management as prescribed in Point dd, Clause 1, Article 7 hereof to the
Ministry of Construction according to Form 16 in the appendices enclosed
herewith;
5. Time limit for provision of
information, data
a) For information, data provided
to the Services of Construction:
- Before the 5th of the
month succeeding to the reporting month with respect to information and data to
be provided on a monthly basis;
- Before the 10th of the
first month of the quarter succeeding to the reporting quarter with respect to
information and data to be provided on a quarterly basis;
- Before the 15th of the
first month of the period succeeding to the reporting period with respect to
information and data to be provided on a six-month basis;
- Before January 20 of the year
succeeding to the reporting year with respect to information and data to be
provided on an annual basis;
b) For information, data provided
to the Ministry of Construction:
- Before the 15th of
first month of the quarter succeeding to the reporting quarter with respect to
information and data to be provided on a quarterly basis;
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- Before January 25 of the year
succeeding to the reporting year with respect to information and data to be
provided on an annual basis;
6. Information relating to
characteristics of land, changes concerning ownership of houses, housing lands
and types of real estate as prescribed in Points c, d, dd, Clause 3, Article 6;
Planning, plan for use of housing lands, land price connected to the land
database collected, updated and managed by local agency for natural resources
and environment.
7. Database about the system of
legislative documents relating to houses, housing lands and real estate market
connected to national database about laws managed by the Ministry of Justice.
8. Figures, statistics, reports
from the program for investigation and statistics about houses, housing
development plan shall be provided to the management agency at least 20 days
since survey and statistical figures are approved by competent authorities to
incorporate into the database.
9. Information about housing and
real estate projects as prescribed in Point b, Clause 2, Article 8 shall be
reported to the Services of Construction according to forms 7a, 7b, 7c, 7d in
the Appendix enclosed herewith at least 15 days since the decision to approve
the project or adjustment decision (if any) is issued.
10. Manner of provision of
information, data
a) Information, data is provided
through electronic information network;
b) Information, data provided in
writing;
11. The Ministry of Construction
shall detail provision of other statistical norms about houses and real estate
market development as prescribed hereof.
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1. Technical infrastructure of
information technology comprises a collection of calculating equipment
(servers, host computers), interconnecting equipment, network security
equipment and database, storage equipment, peripheral devices, auxiliary
equipment and internal network.
2. Software system to manage and
operate the information system comprises operating system, database management
system, applied hardware, network security software.
Article 15.
Investment in Information system
1. Expenses for construction of
technical infrastructure of information technology, software products serving
management, operation and use of the information system; construction of
database and maintenance of regular operation of the information system at
central level; investigation and statistical work on houses and real estate
market conducted on a large scale involving many central-affiliated cities and
provinces is from development investment sources, recurrent expenses guaranteed
by central budget according to laws on state budget and other sources as
prescribed.
2. Expenses for investigation and
collection of information, construction of database and maintenance of regular
operation of the information system at local level are from recurrent expenses
guaranteed by local budget according to laws on state budget and other sources
as prescribed.
3. The management agency is allowed
to lease technical infrastructure of information technology to manage and
operate database with the aim of reducing costs of investment and construction
saving for state budget.
Lease of technical infrastructure
of information technology is prescribed in relevant law provisions.
Article 16.
Organization of management and operation of information system
1. The Ministry of Construction
shall use existing apparatus and personnel to carry out management and
operation of the information system at central level; provide training in
professional competence to staff tasked with managing and operating the
information system at central and local level.
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3. The management agency is allowed
to assign other organizations to take charge of some tasks relating to
construction and management of the information system, including:
a) Construct and supply services of
IT- related technical infrastructure system (IT stands for information
technology)
b) Construct and supply software
system serving management and operation;
c) Perform management and operation
of host computers, computer devices, computer network and other technical
operations on the information system;
d) Conduct investigation and survey
to construct the database about houses and real estate market;
dd) Determine statistical norms
about houses and real estate market
4. Organizations tasked with
constructing and managing the information system must satisfy requirements for
qualification, personnel, equipment and others as prescribed in Clause 3, this
Article and shall be responsible for the tasks performed.
Chapter IV
MANAGEMENT AND USE OF INFORMATION SYSTEM
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1. The Ministry of Construction
shall unify the management of the information system.
2. The Services of Construction
shall carry out the management of the information system at local level.
3. State administration agencies
shall promulgate legislative documents detailing provision, collection,
updating, processing, storage, operation and use of information, data about
houses and real estate market; financial regulations on the collection,
updating, processing, management, exploitation and use of information about
houses and real estate market; ensure expenses for construction and operation
of the information system in a timely way.
4. The management agency shall
establish regulations on construction of database and management of the
information system; establishment and implementation of information security
and safety solutions; Be directly involved or assign other organizations to
manage and operate the host computers, computer devices, computer network to
ensure operation of the system; grant agencies, organizations, and individuals
access to the database for registration and use of information, data as
prescribed.
Article 18.
Exploitation and use of database about houses and real estate market
1. Manners of exploitation and use
of database about houses and real estate market comprise:
a) Via Internet;
b) Via electronic information page
prescribed by the management agency;
c) Via specialized network;
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dd) Via a contract between the
management agency and data users as prescribed;
2. Entities and scope of
exploitation and use
a) Agencies involved in
construction and maintenance of database about houses and real estate market
may exploit the data within management. Exploitation of data about houses and
real estate market outside competence must be approved by the management
agency;
b) Competent state agencies have
the right to request provision of relevant information about houses and real
estate market to serve state administration, investigation, verification and
handling of violations;
c) Agencies, organizations, and
individuals outside Point a, b, this Clause have the right to request provision
of information about houses and real estate market for legitimate purposes
d) The management agency is not
allowed to provide information about national security, trade secrets of
enterprises, personal and private information unless it is used for state
administration, investigation, verification and handling of violations by
competent agencies.
3. Entities as prescribed in Point
c, Clause 2, this Article should pay service fees for use of information about
houses and real estate market as prescribed.
Amount of money collected from
provision of information and data about houses and real estate market shall be
managed and used according to laws on state budget.
The Ministry of Construction shall
preside over and cooperate with the Ministry of Finance in providing detailed
guidance on this Clause.
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1. Basic information about houses
and real estate market shall be made public on mass media, portals of central
and local agencies to serve communities and requirements for the country’s
socio-economic development.
2. Periodically, the Ministry of
Construction shall make public announcement of basic information about houses
and real estate market across the country.
3. People’s committees of provinces
shall assign the Services of Construction to periodically make public
announcement of basic information about houses and real estate market as
prescribed by the Ministry of Construction.
4. Real estate associations and
qualified organizations may make public announcement of information about
houses and real estate market collected and processed by themselves and take
responsibility for announced information. The information to be published
should include origin and scope of figures and be delivered to the Ministry of
Construction and the Services of Construction for monitoring and supervision.
Chapter V
RESPONSIBILITY AND AUTHORITY OF AGENCIES,
ORGANIZATIONS, AND INDIVIDUALS FOR CONSTRUCTION, MANAGEMENT AND USE OF
INFORMATION SYSTEM
Article 20.
Responsibility of the Ministry of Construction
1. Be responsible to the Government
for performing state administration on construction, management and use of the
information system.
2. Promulgate or submit legislative
documents, mechanism and policies on construction, management, exploitation and
use of information about houses and real estate market to the Government for
promulgation; provide detailed guidance on supply, updating, processing,
storage, exploitation and use of information and data about houses and real
estate market;
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4. Construct uniform software
system for management, operation and exploitation of the information system;
construct IT technical infrastructure system about houses and real estate
market facilitating connection to the Services of Construction in localities;
construct database; manage and operate the information system at central level;
provide information about houses and real estate market to agencies,
organizations, and individuals according to law provisions.
5. Propose the program for
investigation and statistics with respect to houses and real estate market on
multiple central-affiliated cities and provinces and make the submission to the
Prime Minister for consideration and decision, and organize implementation
after approval;
6. Make regular reports on real
estate market development to the Prime Minister; supply and share information
in the database about houses and real estate market with ministries,
departments serving state administration;
7. Periodically, make public
announcement of basic information in the national database about houses and
real estate market; instruct localities to construct statistical norms and
announce basic information about houses and real estate market in localities;
8. Construct plan for use of
capital for investigation and construction of database; construct, maintain and
upgrade IT technical infrastructure, software products serving management,
operation and exploitation of the information system according to applicable
regulations;
9. Preside over, cooperate and
speed up ministries, sectors and localities to implement provisions prescribed
hereof;
Article 21.
Responsibility of ministries, ministerial-level agencies, Governmental agencies
1. Collect and supply information
in relation to houses and real estate market as prescribed hereof within
management;
2. Cooperate with the Ministry of
Construction in connecting and integrating information from the database under
management, and at the same time maintain, connect and share information with
the database about houses and real estate market, specifically:
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b) The Ministry of Justice shall
connect, integrate and share information and data about legislative documents
in relation to houses and real estate market;
c) The Ministry of Planning and
Investment shall connect, integrate and share information and data about
enterprises operating in the area of real estate;
3. The State Bank shall provide
general information about credit balance with respect to real estate business
activities to the Ministry of Construction as prescribed in Form 17 in the
Appendix enclosed herewith.
4. The Ministry of Finance shall
arrange recurrent expenses for the construction of database and operation of
the information system according to laws on state budget; cooperate with the
Ministry of Construction in instructing management and use of money collected
from exploitation and use of information and data from the database about
houses and real estate market.
5. The Ministry of Science and
Technology shall carry out appraisal and public announcement of national
standards, regulations supporting national-level science and technology
research on construction, management and use of the information system.
6. The Ministry of Information and
Communications shall instruct, inspect and assess compliance with regulations
and standards on application of IT to the construction of the information
system.
7. The Ministry of Planning and
Investment shall be responsible for arranging expenses from state budget
capital for construction and upgrading of IT technical infrastructure, software
products serving management, operation and exploitation of the information
system.
Article 22.
Responsibility of People’s committees of provinces
1. Assign the Services of
Construction to:
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b) Preside over and cooperate with
relevant units in collecting information about houses and real estate market in
localities; receive information in relation to houses and real estate market in
localities supplied by agencies, organizations, and individuals;
c) Provide information to agencies,
organizations, and individuals that need to exploit and use information
according to law provisions;
d) Periodically, make public
announcement of basic information about houses and real estate market at local
level as prescribed;
dd) Construct the plan for
investigation, collection, updating of information about houses and real estate
market at local level and make the report to People’s committees of provinces
for approval; organize the implementation of the plan after approval;
e) Monitor, speed up and inspect
the implementation of reporting, supply of information, data by investors, real
estate trading floors, real estate organizations as prescribed hereof;
g) Make regular and irregular
reports to the Ministry of Construction and People’s committees of provinces on
information about houses and real estate market in localities;
2. Direct commune-level housing
management agencies in localities to ensure connection to database about houses
and real estate market;
3. Promulgate regulations on
coordination and instruction to relevant units on construction and maintenance
of the information system, supply of information and data about houses and real
estate market at local level
4. Direct Departments, sectors to
connect specialty data in relation to houses and real estate market under
management with database about houses and real estate market at local level;
direct connection, integration and sharing of information between database
about land under the management of local natural resource and environment
agency with database about houses and real estate market in localities;
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6. Arrange annual budget for
investigation and construction of database; manage and operate the information
system and calculate other statistical norms about houses and real estate
market in localities;
Article 23.
Responsibility and authority of agencies, organizations, and individuals for
supply and use of information, data about houses and real estate market
1. Agencies, organizations, and
individuals shall:
a) Comply with rules on
construction and use of information, data about houses and real estate market
as prescribed in Article 4 hereof and other relevant law provisions;
b) Supply adequate information to
the management agency as prescribed;
c) Not take advantage of supply of
information to harass, seek profit or disseminate information in opposition
with law provisions;
d) Not provide data provided by
competent state agencies to the third party unless otherwise as accepted by the
management agency;
dd) Make early notification to the
management agency about mistakes made to the information and data provided;
2. Agencies, organizations, and
individuals are entitled to:
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b) Lodge complaints or
denunciations according to law provisions in case the rights to exploitation
and use of information are violated;
Chapter VI
IMPLEMENTARY PROVISIONS
Article 24.
Effect
This Decree takes effect since
January 01, 2016.
Article 25.
Implementation
1. The Minister of Construction
shall be responsible for instructing and inspecting the implementation of this
Decree.
2. Ministers, heads of
ministerial-level agencies, heads of governmental agencies, Presidents of the
provincial People’s Committees shall be responsible for executing this Decree.
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PP
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung