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GOVERNMENT
OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
44/2022/ND-CP
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Hanoi,
June 29, 2022
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DECREE
DEVELOPING,
MANAGING AND USING HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM
Pursuant to the Law on
Governmental Organization dated June 19, 2015; Law on amendments to the Law on
Governmental Organization and the Law on Local Government Organization dated
November 22, 2019;
Pursuant to Law on Housing dated
November 25, 2014;
Pursuant to the Law on Real
Estate Trading dated November 25, 2014;
Pursuant to Law on Prevention of
Money Laundering dated June 18, 2012;
At the request of the Minister
of Construction;
The Government of Vietnam
promulgates a Decree developing, managing and using housing and real estate
market information system.
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GENERAL PROVISIONS
Article 1. Scope
This Decree prescribes the
development, management and use of the housing and real estate market system
(hereinafter referred to as “the System"); responsibilities and powers of
agencies, organizations and individuals in the development, management and use
of the System; responsibilities and powers of agencies and organizations in
connecting, sharing, publishing information and data on the System.
Article 2. Regulated entities
The Decree applies to agencies,
organizations and individuals relative to the development, management and use
of the System.
Article 3. Definition
1. “real estate inventory” means the
number of properties of a project eligible for trade in accordance with laws
but not yet traded as in the reporting period.
2. The System supervisory agencies
include:
a) Ministry of Construction;
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3. Price index, trade volume index
of some types of real estate
a) “Real estate trade price” means
the price of property traded in a period between a project investor and a
buyer.
“price index of some types of real
estate” means a relative indicator (expressed as percentage) reflecting the
degree of fluctuation in the successful trade price of some types of real
estate specified in point a, b, c clause 3 Article 12 of this Decree over time;
b) “Real estate trade amount” means
the amount of property traded in a particular period between a project investor
and a real estate buyer.
“ trade volume index” means a
relative indicator (in percentage) reflecting the degree of fluctuation in the
successful trade amount of some types of real estate specified in point a, b, c
clause 3 Article 12 of this Decree over time;
Article 4. The System
1. The System includes:
a) Database on housing and real
estate market;
b) Information technology technical
infrastructure on housing and real estate market;
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2. The System is developed
uniformly throughout Vietnam to share and provide basic information about
housing and the real estate market to agencies, organizations and individuals
for the state management and publication of statistics on housing and the real
estate market in order to meet requirements of socio-economic development.
Article 5.
Database on housing and real estate market
1. Database on housing and real
estate market is a collective of basis information and data on housing and real
estate market collected, checked, evaluated, handled, digitalized, integrated
and stored systematically and organizationally under files stored on technology
systems, archival equipment or transmitters to be able to update, manage and collect
via the information technology system in order to serve state management,
socio-economic activities and ensure the right to access the information as
prescribed by laws.
2. Database on housing and real
estate market includes:
a) National database on housing and
real estate market is a collective of information and data on housing and real
estate market in the national scale consolidated from local databases on
housing and real estate market and information shared and provided from
national programs of investigation into housing by relative ministries and
central authorities.
The Ministry of Construction of
Vietnam is responsible for development, storage and management of the national
database on housing and real estate market;
b) Local database on housing and
real estate market is a collective of all basic information and data on housing
and real estate market consolidated from the data and information of provinces
and central-affiliated cities.
The People’s Committees of
provinces and central-affiliate cities (hereinafter referred to as “the
provincial People’s Committees”) are responsible for development, storage and
management of the local database on housing and real estate market.
3. Contents of database on housing
and real estate market are specifically prescribed in Chapter II hereof.
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The development, management, operation
and use of the system must be implemented according to the following
principles:
1. The system must be developed and
managed uniformly from central authorities to local authorities in compliance with
national technical standards and regulations on application of information
technology to state authorities to ensure scientific and advantageous operation
and use of it.
2. Database on housing and real
estate market must be provided promptly to serve state management,
socio-economic development and national security.
Chapter II
CONTENTS OF DATABASE ON
HOUSING AND REAL ESTATE MARKET
Section 1. CONTENTS OF DATABASE
ON HOUSING
Article 7. National database on
housing
1. The system of legislative
documents on housing and land that are promulgated by the National Assembly,
Government of Vietnam, ministries and central authorities.
2. Data, results and reports of
national programs of investigation and statistics of housing.
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4. National information and data on
the fluctuation related to the management and use of housing and land are
consolidated from local databases on housing prescribed in clause 4 Article 8
hereof.
Article 8. Local database on
housing
1. The system of legislative
documents on housing and land shall be issued under competence of local
authorities.
2. Data, results and reports of
local programs of investigation and statistics of housing (quantity and area of
houses and population of urban and rural areas).
3. Information and data of the
Program and Plan of housing development in a particular area for each following
case of housing development:
a) Commercial housing;
b) Social housing;
c) Official residences;
d) Houses and land for resettlement;
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4. Information and data on the
fluctuation related to the management and use of housing and land in a
particular area include:
a) Quantity and area of houses
built in urban and rural areas;
b) Quantity of houses and land for
which certificates of land use rights and ownership of houses and other assets
on land are granted.
Article 9. Statistics on housing
1. Results of executing the Program
and Plan of housing development are prescribed in clause 3 Article 8 hereof.
2. Quantity and area of houses
built in urban and rural areas are prescribed in point a clause 4 Article 8
hereof.
3. Quantity of houses and land for
which certificates of land use rights and ownership of houses and other assets
on land are granted is prescribed in point b clause 4 Article 8 hereof.
Section 2. CONTENTS OF DATABASE
ON REAL ESTATE MARKET
Article
10. National database on real estate market
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2. National information or data on real
estate projects and their transactions thereof is consolidated from local
database on real estate market as prescribed in clause 2 Article 11 hereof.
3. National information and data on
tax on transfer of properties and transfer of properties via each specific real
estate exchange is consolidated from local database on real estate market as
prescribed in clause 3, Article 11 hereof.
4. National information or data on
real estate brokerage certificates is issued in a given period and consolidated
from local database on real estate market as prescribed in clause 4 Article 11
hereof.
5. Other information or data
related to real estate market includes:
a) Information about credit balance
for real estate trading;
b) Information about foreign direct
investment (FDI) in real estate trading;
c) Information about the issuance
of corporate bonds related to real estate trading.
Article 11. Local database on real
estate market
1. The system of legislative
documents on the real estate market shall be issued under competence of local
authorities.
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3. Information or data on transfer,
purchase or sale of properties via real estate exchanges in the given area and
tax on transfer of properties is prescribed in Article 13 hereof.
4. Information or data on a real estate
brokerage certificate granted in a given period:
a) Number of Decision on issuance
of the certificate;
b) Number of the certificate;
c) Full name, date of birth and
permanent residence’s address of the person has the real estate brokerage
certificate granted to.
5. Information or data on foreign
direct investment (FDI) in real estate trading in the given area.
Article 12. Information and data
on real estate projects
1. General information on a real
estate project includes:
a) Information on the investor;
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c) Information on the project’s
legality;
d) Area size of the project; total
investment; detailed planning 1/500 or master planning of the project approved
by a competent authority;
dd) Construction permit or
notification of commencement of the project;
e) Notification of eligibility for
selling houses of the project (for projects of housing).
2. Information on types of real
estate project includes:
a) Project on investment in
constructing housing and urban areas;
b) Project on investment in
constructing commercial centers and offices for rent;
c) Project on investment in
constructing eco-tourism areas, resorts and hotels;
d) Project on investment in
constructing technical infrastructures of industrial zones and industrial clusters;
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3. Information and data on quantity
and area of types of property includes:
a) Separate housing (villas,
semi-detached houses);
b) Apartments for living;
c) Land for construction of houses
(in the form of subdivision and sale of subdivisions);
d) Commercial and service premises
and offices for rent;
dd) Tourist villas, tourist
apartments, hotels;
e) Workshops, production land in
industrial zones or industrial clusters.
4. Information and data on real
estate trade situation of a project:
a) Quantity and area of properties traded
in a particular period of the project;
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c) Inventory of the project.
Article 13. Information and data
on real estate transfer, purchase or sale
1. Information and data on types of
property transferred or traded via a real estate exchange:
a) Information about the real
estate exchange;
b) Quantity and area of property transferred
or traded in a particular period via the real estate exchange;
b) Prices of property transferred,
purchased or traded in a particular period via the real estate exchange.
2. Information and data on tax on
transfer of some types of property prescribed in points a, b and c clause 3
Article 12 hereof:
a) Total collected tax on transfer
of property;
b) Total number of property
transfers and transactions in a particular area;
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Article 14. Statistics on the
real estate market
1. Total real estate project to
which decisions on approval for investment policies, issuance of permits for
construction and beginning of construction.
2. Quantity and area of types of
property of each project as prescribed in clause 3 Article 12 hereof that are
eligible for business.
3. Quantity and area of types of
property of each project as prescribed in clause 3 Article 12 hereof that were traded.
4. Quantity of types of property of
each project as prescribed in clause 3 Article 12 hereof that are traded via a specific
real estate exchange.
5. Trade price index.
6. Trade volume index.
Chapter III
DEVELOPMENT OF THE SYSTEM
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1. The information technology (IT) infrastructure
of housing and real estate market includes a set of computing equipment (host
computer, servers), network-connected equipment, network and database security
equipment, storage equipment, peripherals and auxiliary equipment, internal
network.
2. The software system serving the
operation of the system includes an operating system, database management
system and applications, cybersecurity software.
3. The development and maintenance
of the operation of the system includes:
a) Establishment, upgrading and
maintenance of information technology infrastructure;
b) Development and upgrading of the
software system in order to operate the system;
c) Organization of training and
education in order to improve the capacity of officials, public employees and
workers;
d) Inspection of the update and
connection of database;
dd) Other activities as prescribed
by laws.
Article 16. Developing a
database on housing and real estate market
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2. The database on housing and real
estate market is developed and managed uniformly from central authorities to
local authorities, connected with database and information on land. The share
of database on housing and real estate market between relevant ministries,
central authorities with local authorities serving the state management and
handling of administrative procedures complies with regulations of the
Government of Vietnam on management, connection and share of digital database
of state agencies.
3. Information and data on housing
and real estate market must be collected, declared, updated, handled and stored
according to regulations specified in Articles 17, 18 and 20 hereof when
developing the database on housing and real estate market.
Article 17. Collecting
information and data
1. Sources of collecting
information and data:
a) Periodic reports specified in
Article 29 hereof;
b) Professional database, data of
the Program and Plan of housing development;
c) Data, results and reports of
programs of investigation and statistics of housing;
d) Available data on housing and
real estate market.
2. Regulatory authorities of the
system shall be responsible for receiving information and data shared and
provided by authorities and organizations as prescribed to integrate into the
database on housing and real estate market.
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Article 18. Sharing and
providing information and data on housing and real estate market
The information and data shall be
shared and provided online via the web portal of the system (at
http://www.batdongsan.xaydung.gov.vn) and according to the set of forms prescribed
in the Appendix issued herewith. To be specific:
1. The State Bank of Vietnam shall
share and provide information and data on credit balance for the real estate
business according to Form No.1
2. The Ministry of Planning and
Investment shall share information and data on foreign direct investment (FDI)
in the real estate business according to Form No. 2.
3. The Ministry of Finance shall
share information and data on the issuance of corporate bonds related to the
real estate business according to Form No. 3.
4. Departments of Construction
shall provide information and data on:
a) Real estate brokerage
certificate granted in a particular period according to Form No. 4;
b) Program and plan for housing
development and results thereof; cases of housing development according to Form
No. 5.
5. Departments of Natural Resources
and Environment shall:
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6. Departments of Planning and
Investment shall:
Share information and data on
foreign direct investment (FDI) in the real estate business according to Form
No. 7.
7. Tax Departments shall
Share and provide information and
data on tax on the real estate transfer according to Form No. 8.
8. The district-level People’s
Committees shall:
Provide information and data on the
quantity and area of houses and population of urban and rural areas according
to Form No. 9.
9. Investors shall:
Provide information and data on
real estate projects according to the following Forms:
a) Form No. 10 in case the
investors provide information and data on real estate projects and products
eligible for trade in a particular reporting period.
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The declaration and provision of
information and data on property eligible for trade and update of a written
notice of the Department of Construction on off-plan property eligible for sale
or rent must be implemented before the investor trades such property.
b) Form No. 11 in case investors
accept the complete or partial transfer of projects; the investors must reamend
the information and data of the projects.
Regulatory authorities of the
system shall issue new accounts and provide guidance on access, declaration and
provision of information and data to the investors accepting the transfer;
c) Form No. 12 in case investors
declare and provide information and data on the off-plan property trade in
specific reporting periods.
10. Real estate exchanges shall:
Provide information and data
according to Form No. 13 to the Department of Construction where the property
is traded.
Article 19. Frequencies and time
limit for sharing and providing information and data on housing and real estate
market
1. Frequency of sharing and
providing information and data:
a) Quarterly for Forms No. 1, 2; 3;
4; 6; 7; 8; 10; 11; 12; 13;
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2. Time limit for closing data and
submit Forms sharing and providing information and data:
a) The Ministry of Construction
shall receive information and data:
- Quarterly before the 20th
of the last month of each reporting quarter. For Form No. 01, before the 30th
of the first month of the next quarter;
- Annually before the 20th
of the last month of each reporting year;
b) The Department of Construction
shall receive information and data:
- Quarterly before the 10th
of the last month of each reporting quarter;
- Annually before the 10th
of the last month of each reporting year;
c) Time limit for closing data: 05
days before the date on which each report is made.
Article 20. Processing and
storing information and data
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The Department of Construction
shall receive, consolidate and review information and data prescribed in
clauses 4, 5, 6, 7, 8, 9 and 10 of Article 18; The Ministry of Construction
shall receive, consolidate and review information and data prescribed in
clauses 1, 2, 3 and 4 of Article 18 according to regulations in clause 2
Article 20 hereof.
2. Regulatory authorities of the
system shall be responsible for processing information and data before they are
integrated and stored into the database on housing and real estate market for
ensuring the conformity and uniformity. Contents of processing information and
data include:
a) Inspection and evaluate of the
compliance of regulations in the collection of information and data;
b) Inspection and evaluation of the
legal basis and reliability of information and data;
c) Consolidation, sort and classification
of information and data in conformity with prescribed contents;
d) Within 05 working days,
regulatory authorities of the system of provinces must inspect and review
reports of authorities and organizations as prescribed in this Decree before they
are submitted to the Ministry of Construction.
3. For information and data updated
from a specialized database, the regulatory authority managing such specialized
database shall be responsible for ensuring the accuracy of the information and
data.
4. Information and data on housing
and real estate market must be digitalized, stored and preserved as prescribed
by laws on archives and specialized regulations for ensuring the security and
convenience in managing, operating and using the information.
5. Authorities and units assigned
to manage databases on housing and real estate market must have plans for
digitalizing data that is not yet digital; must have managing, professional and
technical measures for the information system to ensure the security of digital
information and data on housing and real estate market.
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1. State budget funding:
a) The central budget shall ensure
the construction and upgrading of information technology infrastructure systems
and software systems for management, operation and exploitation; investigation,
collection of information, development of databases and maintenance of the
regular operation of the information system on housing and real estate market
implemented by the central government;
b) The local budget shall ensure
the construction and upgrading of information technology infrastructure systems
for operation; investigation, collection of information, development of
databases and maintenance of the regular operation of the information system on
housing and real estate market implemented by the local government;
2. Other sources as prescribed by
laws (if any).
3. Regulatory authorities of the
housing and the real estate market information system shall be allowed to
extract a part of the funding obtained from the collection of information and
data on housing and the real estate market to serve the regular operation and
maintenance of the housing and the real estate market information system; the
extraction of a part of the funding shall comply with the regulations of laws
on the state budget.
4. Funding for the construction and
upgrading of information technology infrastructure systems for operation;
investigation, collection of information, regular development and maintenance
of the system and the management and use of the proceeds from collection and
use of information and data from the database on housing and the real estate
market shall comply with the regulations of laws on state budget; in case a
project has used public investment capital from the state budget (if any), the
laws on public investment shall be applied.
Chapter IV
MANAGING AND USING THE SYSTEM
Article
22. Organization of operations management system (OMS) of information on housing
and real estate market
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2. The Departments of Construction
shall use the system and staffs assigned to make plans for organizing the
system, arrange officials meeting requirements for managing and operating the
local system but do not increase the staffing system and report them to the
provincial People’s Committees.
3. Regulatory authorities of the
system are allowed to lease information technology infrastructures as
prescribed by laws on state budget and laws on procurement.
4. The selection of organizations
eligible for implementation of some contents of development and management of the
system as prescribed by laws on state budget, laws on public investment, laws
on procurement, laws on cyberinformation security, laws on network security and
regulations on management of the investment in information technology
application funded by the state budget, including:
a) Development and provision of
information technology infrastructure services;
b) Development and provision of
software systems for management, operation and exploitation;
c) Management and operation of host
computers, informatics equipment, computer networks, other operations and
techniques for information systems;
d) Investigation for development of
databases on housing and real estate market.
5. Organizations selected to
develop and manage the system must have enough experience in operation, human
resources, equipment and other requirements suitable for their assigned tasks
prescribed in clause 4 this Article.
Organizations selected must be
responsible before laws for their assigned tasks according to regulations
herein and other relevant regulations of laws.
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1. The Ministry of Construction
shall uniformly manage the system.
2. Local Departments of
Construction shall manage the local system.
3. Regulatory authorities of the
system shall provide instructions on sharing, providing, collecting, updating,
processing, storing, preserving, operating and using information and data on
housing and real estate market; prescribe financial regimes for collecting,
updating, processing, managing, operating and using the system; ensure adequate
and prompt provision of funding for development and operation of the system.
4. Regulatory authorities of the
system shall develop and implement solutions for information security and
safety; directly carry out or assign qualified organizations to undertake the
management and operation of servers, computer equipment and computer networks
and to ensure the operation of the system; grant and assign access rights to authorities,
organizations and individuals to declare, share, provide information and data,
operate and use information and data on housing and real estate market.
5. Upon adjusting information or
data on the system:
On the basis of writing requests of
authorities or organizations for adjusting information or data which is shared
or provided, regulatory authorities of housing and real estate market shall be
responsible for cooperation in inspecting, reviewing, adjusting, updating and
adding for the purpose of ensuring the conformity, efficiency and accuracy of
information and data on housing and real estate market.
Article 24. Operating and using the
system
1. Regulations of laws on access to
information and other relevant laws must be adhered to when operating and using
the system.
2. Methods for operating and using the
system include:
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b) Via a written request;
c) Via a contract between a
regulatory authority of the system and an operator or user of the data on
housing and real estate market as prescribed by laws.
3. Registration and assignment of
privileges of operating and using information and data on housing and real
estate market shall be carried out as follows:
a) An entity having demand for
registration of granting privileges of operating and using the system shall
send a request to an authority or unit which is assigned to manage and provide
information and data on housing and real estate market (hereinafter referred to
as “provider”) in person under a written document, by official dispatches, by
fax or post; via provider’s website;
b) Within 07 working days after
receiving the request, the provider shall consider to assign legal privileges
of operating and using information and data on housing and real estate market;
in case of refusal to assign the privileges, the provider must have a response
with clear reasons.
4. Regulated entities and scope
a) Authorities engaged in developing
and maintaining databases on housing and real estate market are allowed to
operate data under their management. It must be approved by regulatory
authorities of the system when operating data on housing and real estate market
beyond their management;
b) State regulatory authorities are
allowed to send requests for connecting and sharing information on housing and
real estate market to serve state management work, investigation, confirmation
and handling of violations;
c) Other authorities, organizations
and individuals are allowed to send requests for sharing and providing
information on housing and real estate market in conformity with regulations of
laws on accessing information;
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5. Entities prescribed in point c
clause 3 of this Article shall, when having demand for using the information,
pay costs for operating and using information on housing and real estate market
as prescribed.
Proceeds collected from services of
providing information and data on housing and real estate market shall be
managed and used according to regulations of laws on state budget.
Article 25. Publishing
information on housing and real estate market
1. The Ministry of Construction
shall periodically publish fundamental information on housing and real estate
market in the national scale on the web portal of the system
(http://www.batdongsan.xaydung.gov.vn) including:
a) Annual reports: before December
31 of the year in which statistics are published as prescribed in Article 9 of
this Decree;
b) Quarterly reports: on the last
day of the quarter in which statistics are published as prescribed in Article
14 of this Decree.
2. The provincial People’s Committees
shall assign Departments of Construction to periodically publish basis
information on housing and real estate market of provinces on websites of these
Departments including:
a) Annual reports: before December
31 of the year on which statistics are published as prescribed in Article 9 of
this Decree;
b) Quarterly reports: on the last
day of the quarter in which statistics are published as prescribed in Article
14 of this Decree.
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RESPONSIBILITIES AND ENTITLEMENTS OF AGENCIES,
ORGANIZATIONS AND INDIVIDUALS TO DEVELOP, MANAGE AND USE THE SYSTEM
Article
26. Responsibilities of the Ministry of Construction
1. Be responsible before the
Government of Vietnam performing the state management function for developing,
managing and using the system.
2. Appeal to the Government of
Vietnam to promulgate or promulgate within its competence legislative documents
, regimes and policies on developing, managing and using the system; provide
guidance to relevant agencies, organizations and individuals on details about
the sharing, provision, collection, update, handling, storage, preservation, operation
and use of information and data on housing and real estate market (if any). Propose
the Government of Vietnam for amendments to databases on housing and real
estate market.
3. Assign professional housing and
real estate market management units of the Ministry of Construction to inspect,
urge and guide relative ministries and central authorities and local
authorities nationwide for developing, managing, operating and using the system;
use capital sources allocated to develop and upgrade the IT infrastructure
system and software system, develop databases on the system and maintain the
regular operation thereof in compliance with current regulations; be in charge
of receipt and consolidation of information on housing and real estate market
which is shared and provided by relevant ministries and central and local
authorities.
4. Set up a project for investment
in developing and upgrading the IT infrastructure system meeting the connection
with Departments of Construction, set up a project for investment in developing
and upgrading the software system serving management and operation of the
system as prescribed by laws.
5. Organize development and
upgrading of a uniform software system for managing and operating the system;
develop and upgrade an IT infrastructure system of housing and real estate
market meeting the connection with Departments of Construction; develop central
databases on the system, manage and operate it; share and provide information
on housing and real estate market for agencies, organizations and individuals
as per laws.
6. Propose programs on
investigation into and statistics on housing and real estate market in multiple
provinces and central-affiliated cities and appeal them to the Government of
Vietnam to consider, decide and organize the implementation after being
approved.
7. Prepare a plan on the use of capital
sources allocated to investigate, develop databases thereof, develop, maintain
and upgrade the IT infrastructure and software serving the management and
operation of the system and manage it in compliance with current regulations.
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9. Publish agencies, organizations
and individuals committing violations against this Decree on the system.
10. Take charge and cooperate with
relative ministries and central and local authorities in enforcing regulations
in this Decree.
Article
27. Responsibilities of other ministries, ministerial agencies and government
agencies
1. Be responsible before the
Government of Vietnam for collection, sharing and provision of information
related to housing and real estate market prescribed in this Decree under their
management; direct local agencies organized in the vertical structures to share
and provide information as prescribed in this Decree.
2. Cooperate with the Ministry of
Construction in connecting and sharing information from relative databases
under their management, and ensure maintenance, connection and sharing of
information with databases on housing and real estate market. To be specific,
a) The Ministry of Natural
Resources and Environment of Vietnam shall connect and share information and
data on land use planning and the grant of certificates of land use rights and
ownership of houses and other land-attached assets.
b) The General Statistics Office of
Vietnam shall connect and share digital information and data on the results of overall
population and housing census, results of mid-term population and housing
census.
3. The Ministry of Finance of
Vietnam shall balance and allocate recurrent expenditures of the State budget
for ministries, central authorities to develop and upgrade the IT
infrastructure system, software system serving the management and operation;
investigate, collect information and develop databases and maintain the regular
operation of the system as prescribed in the Law on State Budget and guidelines
of implementation.
4. The Ministry of Science and
Technology of Vietnam shall appraise and announce national standards, and
assess national technical regulations; support national scientific and
technological research in development, management and use of the system.
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Article
28. Responsibilities of the provincial People's Committee
1. Submit a report to the People's
Council at the same level for decision on provision of annual funding from
local budget for the investigation and collection of information serving
development of databases on housing and real estate market; management and
operation of the system of the province; creation, disclosure and integration
of planning information into the system.
2. Assign the Department of
Construction of its province to:
a) Formulate Regulations on
cooperation in establishing and maintaining the information system, sharing and
providing information and data on housing and real estate market in the
province;
b) Organize operation of the system
of information on housing and real estate market in the province;
c) Take charge and cooperate with
relevant units in collecting information related to housing and real estate
market in the province; receive information related to housing and real estate
market in the province which is shared and provided by agencies, organization
and individuals;
d) Share and provide information to
agencies, organizations and individuals who wish to operate and use the
information as prescribed by laws;
dd) Publish information on housing
and real estate market in the province and send reports to the Ministry of
Construction as per regulation;
e) Formulate and send plans for
investigating, collecting, and updating information on housing and real estate
market in the province to the Provincial People's Committee and implement them
after the approval is granted;
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h) Publish agencies, organizations
and individuals committing violations against this Decree on the e-portal
managed by the Department of Construction;
i) Take charge and cooperate with
relevant agencies and organizations in consolidating and counting criteria of
statistics on housing and real estate market as prescribed in Articles 9 and 14
hereof to consolidate and report the Ministry of Construction and Provincial
People’s Committee.
3. Provide directions for ensuring
connection of databases on housing and real estate market with district-level housing
management authorities in the province.
4. Promulgate a Regulation on
cooperation in developing and maintaining the information system, sharing and
providing information and data on housing and real estate market in the
province and direct relevant units to implement the Regulation after being
promulgated.
5. Direct departments to connect
and share professional databases related to housing and real estate market as
prescribed in this Decree under its management with databases on housing and
real estate market in the province; direct connection, integration and sharing
of information about the databases on land managed by local natural resources
and environment agencies and direct connection, integration and sharing of
information and data on planning managed by local planning agencies.
6. Allocate annual funding from the
local budgets to investigate, collect information serving the development of
database on housing and real estate market; manage and operate the system in
the province; develop application to search information on planning via the web
application, publish planning and integrate planning information into the
national housing and real estate market information system.
7. Direct the Department of
Construction to arrange equipment and officials develop and manage the system
as prescribed in clause 2 Article 22 hereof.
Article 29. Responsibilities and
entitlements of agencies, organizations and individuals
1. Agencies, organizations and
individuals shall:
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b) Share and provide adequate
information on housing and real estate market according to regulations and on
time. In case information is not shared or provided on time as prescribed due
to force majeure or objective obstacles, make written reports and then share
and provide information immediately after meeting adequate requirements for
sharing and providing;
c) Be responsible before law for
their accounts provided and be responsible for all activities done by their
accounts. If a user forgot password or the password is lost or stolen or the
user detects that there is someone used the user's account, must notify
promptly to the agency managing and operating the system;
d) Do not falsify, damage or lose
information and data on housing and real estate market; illegally occupy,
destroy, damage information and data on housing and real estate market;
dd) Do not take advantage of
sharing and providing information to harass, profit, or distribute information contrary
to law; obstruct the operation and use of information on housing and real
estate market according to regulations;
e) Operate and use information on
housing and real estate market contrary to this Decree and other laws;
g) Do not share or provide data
which is shared or provided by the state competent authorities to any third
party for operation and use except for cases permitted by competent agencies
managing the system;
h) Promptly notify agencies
managing the system of in information and data shared or provided.
2. Agencies, organizations and
individuals shall:
a) Refuse requests for sharing or
providing information and data contrary to this Decree and other relevant laws;
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Chapter VI
IMPLEMENTATION CLAUSES
Article 30. Transitional
provisions
1. If agencies, organizations and
individuals are complying with Decree No. 117/2015/ND-CP dated November 12,
2015 of the Government of Vietnam on the date on which this Decree comes into
force, amendments to and update of information and data must be made as
prescribed in this Decree.
2. If the declaration software is
still not completed and updated to the date that this Decree takes effect,
Agencies, organizations and individuals shall report in writing.
Article 31. Effect
1. This Decree comes into force
from August 15, 2022.
2. This Decree replaces Decree No.
117/2015/ND-CP dated November 12, 2015 of the Government of Vietnam on
developing, managing and using the system.
Article
32. Organizing implementation
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ON
BEHALF OF. GOVERNMENT OF VIETNAM
PP. PRIME MISNISTER
DEPUTY PRIME MINISTER
Le Van Thanh