THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 94/2024/ND-CP | Hanoi, July 24, 2024 |
DECREE
ON ELABORATION OF CERTAIN ARTICLES OF THE LAW ON REAL ESTATE BUSINESS ON DEVELOPMENT AND MANAGEMENT OF HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM AND DATABASE
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law on amendments to the Law on Organization of the Government and the Law on Organization of Local Governments dated November 22, 2019;
Pursuant to the Law on Real Estate Business dated November 28, 2023;
Pursuant to the Law on Housing dated November 27, 2023;
Pursuant to the Law on amendments to the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Law on Real Estate Business No. 29/2023/QH15, the Law on Credit Institutions No. 32/2024/QH15 dated June 29, 2024;
At the request of Minister of Construction;
The Government promulgates a Decree on elaboration of certain articles of the Law on Real Estate Business on development and management of housing and real estate market information system and database.
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GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates certain articles and clauses of the Law on Real Estate Business No. 29/2023/QH15 (hereinafter referred to as the Law on Real Estate Business), including:
1. Article 72 on IT infrastructure and software system serving the management, operation and use of information system on housing and real estate market.
2. Article 73 on housing and real estate market database.
3. Article 74 on development, management and operation of housing and real estate market information system.
4. Point a, Point b, Clause 2, Article 75 on the use of housing and real estate market information system.
Article 2. Regulated entities
This Decree applies to agencies, organizations and individuals involved in the development, management and use of the housing and real estate market information system.
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1. “real estate inventory” refers to the quantity of real estate within a project that meets the legal requirements for trading but has not been transacted during the reporting period.
2. “authorities in charge of managing the housing and real estate market information system” include the Ministry of Construction, the People's Committees of provinces and centrally affiliated cities (hereinafter referred to as provinces); in which, the Ministry of Construction shall manage the information system; the housing and real estate market database nationwide; the People's Committees of provinces shall manage the housing and real estate market database in the provinces.
Article 4. Principles for development, management and operation of housing and real estate market information system
1. Promptly support state management, safeguard national defense and security, and meet the demands of socio-economic development, as well as to ensure the public and transparent disclosure of information on housing and real estate market.
2. The housing and real estate market database is built and managed in a centralized and unified manner from the central to the local levels; it is open-source; meets the standards and norms for databases and economic-technical norms issued by competent authorities; and ensures the smooth and timely connection, sharing, and provision of data with the national database and other relevant specialized databases.
3. The housing and real estate market database is strictly managed to ensure information security, protect state secrets, and safeguard personal information; it also ensures the convenience of data access and use, facilitating online activities.
4. Information and data on housing and real estate market are collected fully, accurately and promptly. Before being updated into the database, they must be checked, evaluated, processed, integrated, digitized and standardized.
5. The development, management, and use of information and data on housing and real estate market must be aligned with their intended purposes, comply with state regulations on management, connection and sharing of digital data and laws on electronic transactions.
Chapter II
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Section 1. CONTENTS OF THE HOUSING DATABASE
Article 5. National housing data
1. The system of legal documents on housing that are issued by the National Assembly, the Government, the Prime Minister, ministries and agencies under their authority.
2. Information and data on housing development programs and plans; housing-related support programs in local areas under national target programs nationwide that are aggregated from local housing data as prescribed in Clauses 2 and 8, Article 6 of this Decree.
3. Information and data on the results of developing various types of housing nationwide that are aggregated from local housing data as prescribed in Clause 2, Article 6 of this Decree.
4. Information and data on housing in the general population and housing census; mid-term population and housing census that are aggregated from Form No. 1.
5. Information and data of housing survey and statistics programs nationwide that are aggregated from local housing data as prescribed in Clause 5, Article 6 of this Decree.
6. Information and data on the issuance of Certificates of land use rights and ownership of property on land that are aggregated from Form No. 2.
7. Information and data on individuals who have purchased, rented, rented to own social housing nationwide that are aggregated from local housing data as prescribed in Clause 3, Article 6 of this Decree.
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9. Information and data on housing for resettlement purposes nationwide that are aggregated from local housing data as prescribed in Clause 6, Article 6 of this Decree.
10. Information and data on state-owned housing for government employees nationwide that are aggregated from local housing data as prescribed in Clause 7, Article 6 of this Decree.
11. Information and data on housing-related support programs under the national target program and other housing-related support programs as prescribed by law nationwide that are aggregated from local housing databases as prescribed in Clause 8, Article 6 of this Decree.
Article 6. Local housing data
1. System of legal documents on housing issued by local governments under their authority.
2. Information and data on housing development programs and plans, and results of developing various types of housing that are aggregated from Form No. 3, including:
a) Development of commercial housing;
b) Development of social housing, workers' accommodation in industrial parks, housing for the people's armed forces;
c) Development of state-owned housing for government employees;
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dd) Renovation and reconstruction of apartment buildings;
e) Development of mixed-use housing.
3. Information and data on individuals who have purchased, rented, or rented to own social housing in local areas that are aggregated from Form No. 19.
4. Information and data on foreign organizations and individuals owning housing in Vietnam in local areas that are aggregated from Form No. 20.
5. Information and data on local housing survey and statistics programs that are aggregated from Form No. 4.
6. Information and data on housing for resettlement purposes in local areas that are aggregated from Form No. 21.
7. Information and data on existing and used state-owned housing for government employees in local areas that are aggregated from Form No. 22.
8. Information and data on housing-related support programs under the national target program and other housing-related support programs according to legal regulations in local areas that are aggregated from Form No. 23.
Section 2. CONTENTS OF THE REAL ESTATE MARKET DATABASE
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1. The system of legal documents on real estate market that are issued by the National Assembly, the Government, the Prime Minister, ministries and agencies under their authority.
2. Information and data on real estate product structure; real estate eligible for trading; transfer of real estate projects; quantity and value of transactions; real estate inventory of real estate projects nationwide that are aggregated from data on local real estate market specified in Clause 2, Article 8 of this Decree.
3. Information and data on real estate market include:
a) Foreign direct investment capital in real estate business; activities of enterprises with real estate business lines that are aggregated from Form No. 5;
b) Credit balance for real estate business activities that are aggregated from Form No. 6;
c) Issuance of corporate bonds related to real estate business activities that are aggregated from Form No. 7;
d) Taxes on real estate transfer activities that are aggregated from Form No. 8;
dd) Number of transactions and value of real estate transactions through notarization and certification that are aggregated from data on local real estate markets.
4. Information and data on real estate service business organizations nationwide that are aggregated from data on local real estate markets specified in Clause 4, Article 8 of this Decree.
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Article 8. Data on local real estate market
1. System of legal documents on real estate market that are issued by local governments under their authority.
2. Information and data on real estate product structure; real estate eligible for trading; transfer of real estate projects; quantity and value of transactions; real estate inventory of real estate projects in local areas as prescribed in Article 9 that are aggregated from Form No. 9, Form No. 10, Form No. 11 of the Appendix to this Decree.
3. Information and data on real estate market, including:
a) Foreign direct investment capital in the real estate business sector in the local area that is aggregated from Form No. 12;
b) On granting investment certificates for types of real estate projects in the local area that is aggregated from Form No. 13;
c) The quantity and value of real estate transactions through notarization and certification in the area that are aggregated from Form No. 14;
d) Residential land for auction and the current state of residential land auctions in public investment projects for infrastructure development in residential areas for the purpose of auctioning land use rights to individuals for self-construction that is aggregated from Form No. 15.
4. Information and data on real estate service business organizations registered to operate in the area that are aggregated from Form No. 16, including:
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b) Information on businesses providing real estate brokerage services;
c) Information on businesses providing real estate consultancy and management services.
5. Information and data on the quantity and value of real estate transactions through real estate trading floors in the area that is aggregated from Form No. 17.
6. Information and data on real estate brokerage certificates issued during the period that are aggregated from Form No. 18.
Article 9. Information on real estate business projects
1. Information on the legal status of real estate projects that is stipulated in Clause 2, Clause 3, Clause 4, Clause 5, Article 6 of the Law on Real Estate Business and Clause 2, Article 4 of Decree No. 96/ND-CP dated July 22, 2024 on elaboration of the Law on Real Estate Business.
2. Information and data on product structure by quantity and area of real estate types in the project including:
a) Detached houses (villas, townhouses and independent houses);
b) Residential apartments;
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d) Commercial, service, office buildings; offices combined with accommodation; accommodation apartments;
dd) Tourist villas, tourist apartments;
e) Factories, production land in industrial parks;
g) Construction works with functions serving educational, medical, sports, cultural purposes and construction works with mixed functions.
3. Information and data on the quantity and area of real estate types in the project that are eligible for trading according to Clause 2 of this Article.
4. Information and data on the transaction situation of the real estate project including:
a) Quantity and area of real estate;
b) Transaction price of real estate;
c) Inventory of each type of real estate;
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dd) Data on project transfer (if any).
Chapter III
DEVELOPMENT, MANAGEMENT, OPERATION, DISCLOSURE AND OPERATION OF HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM
Section 1. DEVELOPMENT OF HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM
Article 10. IT infrastructure
The IT infrastructure on housing and real estate market at central level includes: system of servers, workstations, network connectivity equipment, network security devices, cyber security, internet connection systems, storage devices, and other equipment.
The IT infrastructure on housing and real estate market at local level includes: workstations, network connectivity equipment, and other equipment.
Article 11. Software system serving the management, operation and use of information system on housing and real estate market
1. Application software serving the collection, update of information, data, and data integration that is assessible nationwide via https://bds.xaydung.gov.vn.
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Article 12. Development of IT infrastructure and software system serving the management, operation and use of information system on housing and real estate market
1. The development of IT infrastructure and software system serving the management, operation and use of information system on housing and real estate market includes the following:
a) Establish, upgrade, and maintain IT infrastructure;
b) Develop, upgrade the software system serving the management, operation and use of information system on housing and real estate market;
c) Train, coach, and enhance the capacity of officials, public employee, and employees.
2. The Ministry of Construction shall lead the development of IT infrastructure at the central level and the software system for collecting, updating, integrating, disclosing, searching, and sharing data and statistics.
Article 13. Development of housing and real estate market database
1. The housing and real estate market database is developed in accordance with the National Digital Architecture Framework and the local e-government architecture. The sharing of housing and real estate market data among relevant ministries, agencies, and local governments to state management and administrative procedures shall be conducted in accordance with the Government's regulations on the management, connection, and sharing of digital data of regulatory agencies and the law on electronic transactions.
2. The development of housing and real estate market database is carried out as prescribed in Articles 14, 15, 16 and 17 of this Decree.
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1. Sources of information and data collection:
a) From periodic reports prescribed in Article 15 of this Decree;
b) From specialized databases, data on housing development programs and plans;
c) From data, results and reports of housing survey and statistical programs;
d) From available digitized housing and real estate market data.
2. The agency in charge of managing the housing and real estate market information system is responsible for receiving information and data shared and provided by agencies and organizations as prescribed, to integrate into the housing and real estate market database.
3. The People's Committees of provinces shall collect, update, and supplement information and data on housing and the real estate market of the provinces to serve the timely management and socio-economic development.
Article 15. Sharing and provision of information and data
1. The sharing and provision of information and data among agencies and organizations shall be conducted online through the electronic portal of the housing and real estate market information system (https://batdongsan.xaydung.gov.vn) using the prescribed forms attached to this Decree.
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a) The General Statistics Office shall share and provide housing information and data: according to data from the general population and housing census, mid-term population and housing census as stated in Form No. 1;
b) The Ministry of Natural Resources and Environment shall share and provide information and data on the issuance of Certificates of land use rights and ownership of property on land that are aggregated from Form No. 2;
c) The Ministry of Planning and Investment shall share and provide information and data on foreign direct investment capital in the real estate business sector; activities of enterprises with real estate business lines, including the contents in Form No. 5;
d) The State Bank of Vietnam shall share and provide information and data on credit balance for real estate business activities according to Form No. 6;
dd) The Ministry of Finance shall share and provide information and data on issuance of corporate bonds 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. The People's Committees of provinces shall share and provide the following information and data:
a) The housing development programs and plans; housing-related support programs according to Form No. 3;
b) The foreign direct investment capital in the real estate business sector in the province according to Form No. 12;
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d) The quantity and value of real estate transactions through notarization and certification in the province according to Form No. 14;
dd) Residential land for auction and the current state of residential land auctions in public investment projects for infrastructure development in residential areas for the purpose of auctioning land use rights to individuals for self-construction according to Form No. 15;
e) Real estate service business organizations in the province that is aggregated from Form No. 16;
g) The quantity and value of real estate transactions through real estate trading floors in the province according to Form No. 17;
h) Real estate brokerage certificates issued during the period according to Form No. 18;
i) Individuals who have purchased, rented, or rented to own social housing in the province according to Form No. 19;
k) Foreign organizations and individuals owning houses in Vietnam in the province according to Form No. 20;
l) Houses for resettlement purposes in the province according to Form No. 21;
m) The quantity and area of existing and currently used state-owned housing for government employees in the province according to Form No. 22;
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4. The real estate project investor shall provide the following information and data:
a) Before putting the real estate or real estate project into business, the real estate project investor must publicly disclose and provide information on the real estate or real estate project as prescribed in Clause 2, Clause 3, Clause 4, Clause 5, Article 6 of the Law on Real Estate Business; Article 4 of Decree No. 96/ND-CP dated July 22, 2024 on elaboration of the Law on Real Estate Business and Article 9 of this Decree according to Form No. 9;
b) In the case of the transfer of the entire project or a part thereof, the transferee shall provide information and data on the structure of the transferred real estate according to Form No. 10; the transferor shall amend the information and data on the project;
The authority in charge of managing the information system on housing and the real estate market shall provide a new account and instructions for accessing, declaring, and providing information and data for the transferee;
c) Declare and provide information and data on transaction status: the quantity and value of real estate transactions of the project during the reporting period according to Form No. 11.
Article 16. Receipt, processing, and storage of information and data
1. Receipt of information and data:
a) The Ministry of Construction shall receive information and data from other ministries and agencies as prescribed in Clause 2, Article 15 of this Decree; receive information and data from the People's Committees of provinces as prescribed in Clause 3, Article 15 of this Decree;
b) The People's Committees of provinces shall receive information and data according to forms No. 3, No. 12, No. 13, No. 14, No. 15, No. 16, No. 18; No. 19, No. 20, No. 21, No. 22, No. 23 from departments, branches, districts and towns in the province according to the assigned state management functions and tasks as prescribed in Clause 3, Article 15 of this Decree; receive information and data according to forms No. 9, No. 10, No. 11 from project investors and form No. 17 from real estate trading floors in the province according to regulations in Clause 4, Article 15 of this Decree.
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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) Consolidating, arranging, and classifying information and data in accordance with the prescribed content;
d) Within 5 working days, the provincial authority in charge of managing the information system on housing and the real estate market must verify and review the reports of agencies and organizations as prescribed in this Decree before sending them to the Ministry of Construction.
3. Amendments to information and data on the housing and real estate market information system. Based on written or direct requests from agencies or organizations requesting to amend the shared and provided information and data, the housing and real estate market management authority is responsible for coordinating in checking, reviewing, adjusting, updating, and supplementing the information and data to ensure the suitability, completeness, and accuracy of the information and data.
4. For information and data updated from specialized databases, the authority managing that specialized database is 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 the provisions of the law on storage and specialized regulations to ensure safety and convenience in managing and using information.
6. Agencies and units assigned to manage the housing and real estate market database must have a plan to digitize data that is not yet in digital form; must have management, professional, 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 housing and real estate market data
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2. Information and data in Forms No. 9; 10; 11; 14 must be updated regularly and continuously when transactions occur. Concurrently execute data cutoff and submit the forms of sharing and providing information and data as per Clause 6 of this Article.
3. Information and data in Forms No. 2; 5; 6; 7; 8; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23 shall be shared and provided quarterly.
4. Information and data in Forms No. 3, 4 shall be shared and provided annually.
5. Information and data in Form No. 1 shall be shared and provided every 5 years.
6. Deadline for data cutoff and sending forms of sharing and providing information and data:
a) The Ministry of Construction shall receive 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 5 years: after the mid-term population and housing census data is disclosed.
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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 data cutoff: until the last day of the reporting period.
Section 2. MANAGEMENT AND OPERATION OF HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM
Article 18. Organization of the apparatus for management and operation of housing and real estate market information system
1. The Ministry of Construction shall assign qualified officials and public employees to manage and operate the information system on housing and real estate market at the central level; provide training and refresher training for officials and public employees assigned to manage and operate the information system on housing and real estate market at the central level and manage and develop database at the local level.
2. The People's Committees of provinces shall assign qualified officials and public employees to develop, update, manage and use the housing and real estate market database in the provinces.
3. The authority in charge of managing the housing and real estate market information system is allowed to rent IT infrastructure, software systems for management, operation and use in accordance with the provisions of the law on state budget and the law on bidding.
4. The selection of a qualified organization to undertake specific tasks in developing and managing the housing and real estate market information system shall carried out in accordance with the law on state budget, the law on public investment, the law on bidding, the law on network information security, the law on network security and regulations on management of investment in information technology application using state budget capital, including:
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b) Development and provision of software systems for management, operation and use;
c) Management, operation of servers, IT equipment, computer networks and other technical operations for the information system;
d) Survey for development of housing and real estate market database.
5. The organization that is selected to develop and manage the information system on housing and real estate market must be obtain qualifications in operation, personnel, equipment, and other qualifications suitable to their assigned tasks as prescribed in Clause 4 of this Article.
The selected organizations shall be held legally accountable for their work as stipulated in this Decree and other relevant laws and regulations.
Article 19. Management of housing and real estate market information system
1. The Ministry of Construction shall uniformly manage the information system on housing and real estate market nationwide.
2. The People's Committees of provinces shall manage the database system on housing and real estate market within the provinces.
3. The authority in charge of managing the information system on housing and real estate market shall guide the sharing, provision, collection, updating, processing, storage, preservation, and use of information and housing and real estate market data.
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Section 3. DISCLOSURE AND USE OF HOUSING AND REAL ESTATE MARKET INFORMATION
Section 20. Disclosure of housing and real estate market information
1. General information on housing and real estate market is disclosed on the information portal of the housing and real estate market information system via https://batdongsan.xaydung.gov.vn.
2. The Ministry of Construction shall periodically disclose general information on housing and real estate market nationwide:
a) Annually: before February 10 of the year following the year of disclosure of the information specified in Clause 3, Article 5 of this Decree;
b) Quarterly: before the 25th day of the first month of the quarter following the quarter of disclosure of the information specified in Clause 6, Article 5; Clauses 2, 3, and 4, Article 7 of this Decree.
3. The People's Committees of provinces shall periodically disclose general information on housing and real estate market in their provinces:
a) Annually: before January 31 of the year following the year of disclosure of the information specified in Clause 3 and 4, Article 6 of this Decree;
b) Quarterly: before the 20th of the first month of the quarter following the quarter of disclosure of the information specified in Clause 2, Clause 3, Clause 4, Article 8 of this Decree.
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1. Eligible entities, scope of access and use
a) Agencies involved in the development and maintenance of the housing and real estate market database may use the data within their respective management scope. The use of housing and real estate data beyond their management scope must be approved by the authority in charge of the housing and real estate market information system.
b) Regulatory agencies may request the connection and sharing of relevant information on housing and real estate market to support their state management, investigations, and the verification and handling of legal violations;
c) Agencies, organizations, and individuals not specified in clauses (a) and (b) of this Article may request to access in-depth and detailed housing and real estate market information in accordance with the provisions of the law on access to information;
d) The authority in charge of managing the housing and real estate market information system must not share or provide any information that could compromise national security, trade secrets, or personal information, except when required for investigations, verification, or handling of legal violations, or for the purpose of state management by competent authorities.
2. Forms of access and use of the housing and real estate market database include:
a) Through the portal of the housing and real estate market information system via https://batdongsan.xaydung.gov.vn;
b) Through the data sharing service as prescribed by the regulations on management, connection, and sharing of digital data of regulatory agencies;
c) Through request forms or written requests;
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3. Registration and granting of the right to access and use information and housing and real estate market data is carried out as follows:
a) Organizations or individuals requiring in-depth and detailed housing and real estate market information and data must submit a request form to the agency responsible for managing and providing such information. Requests can be submitted in the following ways: in person as a physical document, by official letter, fax, or mail, or by registering online on the provider's website;
b) Within seven working days of receiving a request, the authority in charge of managing housing and the real estate market information and data shall review and decide to grant such a right of access and use. If the request is denied, the authority must provide a written explanation.
4. Organizations or individuals as defined in point c, clause 1 of this Article, who require in-depth and detailed housing and real estate market information and data, must pay a fee for the provision of such information as prescribed by pricing regulations. Revenue from the provision of housing and real estate market information services shall be managed according to the regulations of the Minister of Finance.
Chapter IV
IMPLEMENTATION
Article 22. Responsibilities of the Ministry of Construction
1. Be held accountable to the Government for the state management of the development, management, and use of the housing and real estate market information system and database.
2. Oversee, supervise, and guide relevant ministries, agencies, and local authorities nationwide in the development, management, operation, and use of the housing and real estate market information system; utilize allocated funds for the development, upgrading of IT infrastructure and software systems, the development of databases, and the regular maintenance of the housing and real estate market information system in accordance with current regulations; serve as the focal point for receiving and consolidating housing and real estate market information shared by relevant ministries, agencies, and local governments.
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4. Develop and upgrade a unified software system for the management, operation, and use of the housing and real estate market information system; develop and upgrade the IT infrastructure to facilitate connectivity with relevant ministries, agencies, and local authorities nationwide; develop, manage, and operate the housing and real estate market information system at the central level; share and provide housing and real estate market information to agencies, organizations, and individuals as prescribed by law.
5. Develop and manage a plan for the utilization of allocated funds for the purpose of conducting research, developing databases, developing maintaining, and upgrading IT infrastructure and software to support the management, operation, and use of the housing and real estate market information system in accordance with applicable regulations.
6. Report to the Prime Minister on the development of the real estate market; share and provide information in the housing and real estate market database to relevant ministries and agencies for state management purposes.
7. Publicize on the housing and real estate market information system the names of agencies, organizations, and individuals that have violated the provisions of this Decree.
8. Lead, coordinate, and supervise relevant ministries, agencies, and local governments in the implementation of this Decree.
9. Create and grant access accounts to relevant ministries and agencies for sharing and providing information and data related to the housing and real estate market, and to grant administrative accounts for the housing and real estate market database to the People's Committees of provinces.
Article 23. Responsibilities of ministries, ministerial-level agencies, and Governmental agencies
1. Be held accountable to the Government for collecting, sharing, and providing information related to housing and the real estate market as prescribed in this Decree within the scope of their management; direct subordinate agencies at the local level to share and provide information as prescribed in 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.
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4. The Ministry of Science and Technology shall appraise and promulgate national standards, appraise national technical regulations; support national-level scientific and technological research tasks related to the development, management, and use of housing and real estate information systems.
5. The Ministry of Information and Communications shall provide guidance, conduct inspections and evaluations to ensure compliance with regulations, standards, and technical regulations regarding the application of information technology in the development of housing and real estate information systems.
Article 24. Responsibilities of the People's Committees of provinces
1. The People's Committees of provinces report to the People's Councils of the same level to decide the annual funding from the local budget for the investigation and collection of information to serve the development of databases, management and operation of on housing and real estate market database and investment, maintenance and upgrade of IT infrastructure.
2. Develop and promulgate the Regulation on coordination on developing databases, sharing, provision of housing and real estate market information and data in the provinces.
3. Consolidate, report, and provide information on housing and the real estate market in the provinces as prescribed in this Decree.
4. Perform or have the real estate business authorities perform the following tasks:
a) Establish, manage, and update information and data in the local housing and real estate market database;
b) Create and grant access accounts to agencies and organizations in the provinces for reporting, sharing, and providing information and data on housing and the real estate market;
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c) Serve as a focal point for receiving information related to housing and the local real estate market shared and provided by agencies, organizations and individuals;
d) Share and provide information to agencies, organizations, and individuals who require access to and use of such information in accordance with the law;
dd) Collect, analyze, and publish aggregated information on housing and the real estate market of the province on the portal of the housing and real estate market information system and the electronic information page managed by the local authority;
e) Guide, urge and inspect relevant departments, agencies, and real estate businesses in the province to comply with the regulations on the establishment, management, and use of information systems and databases on housing and the real estate market as prescribed in this Decree;
g) Publicize agencies, organizations, and individuals that have violated the provisions of this Decree on the local government's website.
5. Based on the requirements of the work and the actual situation of local authorities, proactively assign appropriate officials and public employees to establish, manage, operate, and use the housing and real estate market database as prescribed in this Decree.
6. Ensure connectivity and interoperability between the local housing and real estate market database and other relevant specialized databases.
Article 25. Responsibilities and rights of organizations and individuals
1. Agencies, organizations and individuals shall have the following responsibilities:
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b) Be legally responsible for the provided account and for all activities conducted using that account. In the event of a lost or stolen password or unauthorized use of the account, they must promptly notify the agency responsible for managing and operating the housing and real estate market information system;
c) Avoid falsifying, damaging, or losing information and data on housing and the real estate market; avoid illegally occupying, destroying, or damaging information and data on housing and the real estate market;
d) Avoid misusing the sharing and provision of information for harassment, personal gain, or the dissemination of information that violates the law; or obstructing the access and use of information on housing and the real estate market as prescribed;
dd) Avoid accessing and using information on housing and the real estate market contrary to the provisions of this Decree and other provisions of law;
e) Avoid sharing or providing data received from competent regulatory agencies with third parties for access and use, except with the permission of the competent authority in charge of managing the housing and real estate market information system;
g) Promptly notify the authority in charge of managing the housing and real estate market information system of any errors or inaccuracies in the shared or provided information and data.
2. Agencies, organizations and individuals shall have the following rights:
a) Refuse requests to share, provide information or data that violate the provisions of this Decree and other relevant laws;
b) File a complaint or report in accordance with the law when their rights to access and use information are violated.
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In cases where the shared software system is not yet fully operational by the effective date of this Decree, agencies, organizations, and individuals shall submit reports in paper form.
Once the shared software system is fully operational, agencies, organizations, and individuals shall share and provide information online as prescribed by this Decree.
Article 27. Entry in force
1. This Decree comes into force as of August 1, 2024.
Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces shall implement this Decree.
2. Decree No. 44/2022/ND-CP dated June 29, 2022 of the Government on the development, management and use of the housing and real estate market information system ceases to be effective from the effective date of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha
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File gốc của Decree No. 94/2024/ND-CP dated July 24, 2024 on elaboration of the Law on Real Estate Business on development and management of housing and real estate market information system and database đang được cập nhật.
Decree No. 94/2024/ND-CP dated July 24, 2024 on elaboration of the Law on Real Estate Business on development and management of housing and real estate market information system and database
Tóm tắt
Cơ quan ban hành | Chính phủ |
Số hiệu | 94/2024/ND-CP |
Loại văn bản | Nghị định |
Người ký | Trần Hồng Hà |
Ngày ban hành | 2024-07-24 |
Ngày hiệu lực | 2024-08-01 |
Lĩnh vực | Bất động sản |
Tình trạng | Còn hiệu lực |