Thông tư 27/2016/TT-BXD

Circular No. 27/2016/TT-BXD dated December 15, 2016, elaborating a number of articles of the Government's Decree No. 117/2015/ND-CP on establishment, management and use of housing and real estate market information system

Nội dung toàn văn Circular 27/2016/TT-BXD elaborating 117/2015/ND-CP establish housing real estate market information system


MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 27/2016/TT-BXD

Hanoi, on December 15, 2016

 

CIRCULAR

ELABORATING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 117/2015/ND-CP DATED NOVEMBER 12, 2015 ON ESTABLISHMENT, MANAGEMENT AND USE OF HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM

Pursuant to the Law on statistics dated November 23, 2015;

Pursuant to the Government's Decree No. 117/2015/ND-CP dated November 12, 2015 on establishment, management and use of housing and real estate market information system;

Pursuant to the Government's Decree No. 62/2013/ND-CP dated June 25, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Construction;

At the request of Director of the Institute of Construction Economics;

Minister of Construction promulgates a Circular elaborating a number of articles of the Government's Decree No. 117/2015/ND-CP dated November 12, 2015 on establishment, management and use of housing and real estate market information system.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for certain contents about determination of statistical indicators, provision, collection, processing, updating, storage, management, security, disclosure and use of information and data included in the housing and real estate market database as regulated in the Government's Decree No. 117/2015/ND-CP dated November 12, 2015 on establishment, management and use of housing and real estate market information system (hereinafter referred to as the Decree No. 117/2015/ND-CP).

Article 2. Regulated entities

This Circular applies to agencies and entities involved in the establishment, management and use of housing and real estate market information system.

Article 3. Legal effect of housing and real estate market database

1. The legal effect of the information and data checked, processed and updated as regulated on the housing and real estate market database shall be same with that of paper-based documents.

2. If there is a difference between the information or data on the housing and real estate market database and that of paper-based documents, the paper-based documents are considered to have full legal effect.

Chapter II

STATISTICAL INDICATORS IN THE FIELD OF HOUSING AND REAL ESTATE MARKET

Article 4. List of statistical indicators on housing and real estate market database

1. National statistical indicators in the field of housing and real estate market:

a) Construction floor area of completely-built dwelling houses;

b) The number of dwelling houses, total area of currently existing and used dwelling houses;

c) Average floor space of dwelling house per capita;

d) Real estate price index;

2. Sector statistical indicators in the field of housing and real estate market:

a) Total project houses of which the construction has been started shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

b) Total dwelling houses completely built during the year shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

c) Total area of project houses completely built during the year shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

d) Total social houses and total area of social houses completely built during the year shall be aggregated as follows:

- Classified by types of house: apartment buildings, detached houses;

- Classified by form of transaction: sale, lease purchase, lease;

- Classified by regions: urban region, rural region;

- Classified by administrative division: central-affiliated city/ province.

dd) The number of real estate transactions through trading floor shall be aggregated as follows:

- Classified by types of real estate: apartment building, detached house, land, office, commercial and service premises;

- Classified by form of transaction: sale, purchase, and lease;

- Classified by administrative division: central-affiliated city/ province.

e) Transaction price index of certain types of real estate shall be aggregated as follows:

- Classified by types of real estate: apartment building for sale, detached house for sale, land for transfer, and office for lease;

- Classified by administrative division: central-affiliated city/ province.

g) Trade volume index of real estate shall be aggregated as follows:

- Classified by types of real estate: apartment building for sale, detached house for sale, land for transfer, and office for lease;

- Classified by administrative division: central-affiliated city/ province.

Article 5. Collection, aggregation and updating of statistical indicators in the field of housing and real estate market

1. The national statistical indicators in the field of housing and real estate market specified in Clause 1 Article 4 of this Circular shall be collected and aggregated by the General Statistics Office of Vietnam in conformity with regulations of the Law on statistics. After these statistical indicators have been announced by the central statistics agency, the Ministry of Construction shall update such statistical indicators on the housing and real estate market database.

2. The Ministry of Construction shall periodically aggregate sector statistical indicators in the field of housing and real estate market specified in Clause 2 Article 4 of this Circular (excluding transaction price index of certain types of real estate) for the whole country and update them on the housing and real estate market database according to indicators collected, aggregated and calculated by Provincial Departments of Construction in conformity with regulations in the Appendix I hereof.

3. Each Department of Construction shall preside over and coordinate with the statistics agency and other relevant agencies and organizations in the province in collecting, aggregating and calculating indicators specified in Clause 2 Article 4 of this Circular for updating the local housing and real estate market database. Research institutions, training institutions, professional associations and/ or enterprises operating in the field of construction or real estate may be hired to collect, aggregate and calculate the said indicators, if necessary. The entity that is hired to collect, aggregate and calculate statistical indicators must be responsible for the faithfulness and objectiveness of data provided.

Department of Construction shall consider and evaluate the conformity of statistical indicators collected, aggregated and calculated by hired entities with the local actual development.

4. Schedule for collecting, aggregating and calculating sector statistical indicators in the field of housing and real estate market:

a) Statistical indicators specified in Points a, b, c, d, dd Clause 2 Article 4: collect and aggregate data from 2017 in all provinces and central-affiliated cities;

b) Statistical indicators specified in Points e and g Clause 2 Article 4:

- Provinces and central-affiliated cities specified in the Appendix II enclosed to this Circular shall collect figures and data about the volume, price and weights in the base period in 2017;

- Central-affiliated cities specified in Group 1 of the Appendix II enclosed to this Circular shall collect, aggregate and calculate statistical indicators as from January 01, 2018;

- Provinces specified in Group 2 of the Appendix II enclosed to this Circular shall collect, aggregate and calculate statistical indicators as from January 01, 2019.

Other provinces are encouraged to collect and calculate statistical indicators for announcing and updating on the local housing and real estate market database.

5. Expenditures on collection, aggregation and calculation of statistical indicators of each province shall be covered by state budget annually allocated to that province. Department of Construction shall make plan and estimate of costs for the said works, and submit it to the Provincial-level People’s Committee for approval and implementation.

Chapter III

PROVISION, COLLECTION, UPDATING, PROCESSING, STORAGE, MAINTENANCE AND SECURITY OF HOUSING AND REAL ESTATE MARKET INFORMATION AND DATA

Article 6. Provision of housing and real estate market information and data by agencies and organizations

The provision of information and data by agencies and organizations prescribed in Clause 10 Article 13 of the Decree No. 117/2015/ND-CP shall be performed as follows:

1. Information and data provided through the electronic information network must be sent from an electronic account granted by the database management agency.

2. The information and data provided in writing must be certified by the authorized person of the providing agency/ organization (by affixing the official seal or using digital signature), enclosed with data files. Particularly, files of information provided using prescribed templates must be sent in excel or “.ods" format.

Article 7. Detailed instructions for certain contents in templates for information provision

1. The classification of office buildings for lease into Class A, B or C should be carried out by reference to the criteria specified in the Appendix VI enclosed to this Circular. Each Provincial Department of Construction may, based on the actual situation of that province, modify or supplement the criteria stated in the said Appendix in conformity with the local market characteristics to use as the basis for aggregation and collection of data prescribed in the template No. 2 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP.

2. Area of an apartment unit of the apartment building specified in the templates stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP refers to the usable area of that apartment and is calculated in conformity with regulations in Clause 2 Article 101 of the Law on housing dated November 25, 2014. Area of detached house is calculated according to construction floor area.

3. Commercial and service premises refer to the floor area of the building used for goods trading or service provision purposes.

4. Information about the real estate trade volume prescribed in the Template No. 1 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP is aggregated from successful transactions (excluding first transactions of property newly built or established of projects).

5. Features of real estate prescribed in the Template No. 3 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP shall, depending on each type of real estate, include the following information:

a) For apartment of the apartment building: storey of apartment, number of bedrooms;

b) For detached houses: land area, building area, number of storeys, and number of bedrooms;

c) For office: the number of storeys of the office building, storey of the office, class of the office;

d) For commercial and service premises: the number of storeys of the building, storey location, purpose of use;

dd) For land: area of the land lot, size of the land lot, quantity and the width of each adjacent road surface.

6. Address of the real estate prescribed in the Template No. 3 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP shall be actually registered address. If the registered address is not yet available, address specified in certificate of ownership of real estate or land use right certificate shall be used.

7. Classification of dwelling houses by solidity level prescribed in the Template No. 15 stated in the Appendix enclosed to the Decree No. 117/2015/ND-CP shall be performed according to instructions in the Appendix VII enclosed to this Circular.

8. Determination of demand for dwelling houses prescribed in Point b Clause 2 Article 8 of the Decree No. 117/2015/ND-CP shall be carried out on the basis of survey and evaluation figures about the number of households and individuals having demand for dwelling houses and local economic and social features. These figures may be aggregated on the basis of the annual and 05-year housing development plans formulated and given approval by provincial-level people’s committees.

Article 8. Additional collection of housing and real estate market information and data  

1. Objectives and principles:

a) The additional collection of housing and real estate market information and data of a province shall be performed with respect of necessary information and data which are unavailable or have been not yet reported for timely serving the state management and meeting economic and social development needs;

b) The collected information and data must be accurate, sufficient and systematic;

c) Relevant entities must avoid the overlapping of their duties in course of additional collection of information and data. It must have a close cooperation and should take the best advantage of existing sources of information and data in collecting information and data.

2. Grounds for implementation:

a) Contents about housing and real estate market database prescribed in Articles 7, 8 of the Decree No. 117/2015/ND-CP;

b) Existing conditions of housing and real estate market database;

c) State management demand and social – economic development needs;  

d) Assigned duties of competent state agencies.

3. Each Department of Construction shall, on an annual basis, propose and report to the Provincial-level People’s Committee of the additional collection of housing and real estate market information and data of province according to the following contents:

a) Objectives and requirements for collection of housing and real estate market data; 

b) Types of housing and real estate market information and data which must be additionally collected to update the housing and real estate market database;

c) Duties to collect additional housing and real estate market information and data; 

d) Agency in charge and cooperative agencies/ organizations in fulfilling duties;

dd) Information collection plan (including expenditure, time, personnel, and information collection process).

4. The Provincial-level People’s Committee shall base on the local actual conditions to give approval for duties and estimate of costs for the additional collection of housing and real estate market information and data.

Article 9. Updating of information and data by the database management agency

1. Steps to update information and data:

a) Receive information and data which have been verified and processed in accordance with regulations;

b) Classify information and data according to the database contents prescribed in Articles 7, 8 of the Decree No. 117/2015/ND-CP;

c) Determine locations where the information and data shall be updated in the database;

d) Update the database with collected information and data by software regulated by Ministry of Construction;

dd) Check updating results in the database system.

2. The database management agency shall be responsible for processing and updating the housing and real estate market database with the information and data provided by agencies and/or entities as prescribed within 07 working days as from the receipt of appropriate and reliable information and data.

3. Departments of Construction must complete the updating of available information and data prescribed in Article 8 of the Decree No. 117/2015/ND-CP within 06 months as from the receipt of notice of the availability of the housing and real estate market information system by the Ministry of Construction.

4. Provisions on the frequency and period for updating of certain information and data in the housing and real estate market database under the management of Departments of Construction:  

a) Departments of Construction shall update information and data about persons practicing in real estate brokerage while processing their applications for issuance of practicing certificates in real estate brokerage;

b) Departments of Construction shall update information and data about real estate trading floors within 05 working days as from the receipt of notification of operation or dissolution of a real estate trading floor;

c) Each Department of Construction shall coordinate with local statistics agency in updating the local database with information and data about the number and area of dwelling houses under the ownership of the government, organizations and individuals, and those under the ownership of foreign entities according to survey period or release period of the local statistics agency;

d) With respect of information and data about the demand for each type of dwelling housing products which are aggregated on the basis of the annual and 05-year housing development plans, Departments of Construction shall update the housing and real estate market database with such information and data within 20 days as from the date on which a housing development plan is given approval by a competent agency;  

dd) With respect of information and data about completed housing investment and construction projects, Departments of Construction shall formulate updating plans and complete the updating thereof within 06 months as from the receipt of notice of the availability of the housing and real estate market information system by the Ministry of Construction;

e) Departments of Construction shall update the database with statistical indicators prescribed in the templates stated in the Appendix I enclosed to this Circular according to the release period of such Statistical indicator prescribed in Clause 3 Article 17 hereof.

5. In case the infrastructure of the housing and real estate market information system fails to meet demand for updating of information, the database management agency shall be responsible for systematically receiving, processing and storing information and data provided by relevant agencies and entities in its host computer, and updating the database with such information and data when the information system is available.

Article 10. Processing of information and data

1. Contents about the processing of information and data are prescribed in Clause 1 Article 11 of the Decree No. 117/2015/ND-CP.

2. Requirements for information and data which are entered into the housing and real estate market database: 

a) With respect of housing and real estate market survey/ statistical programs, the processed information and data shall be statistical, aggregation and reporting figures submitted and stored as regulated;

b) Data obtained from regular and irregular reports by agencies and entities must be certified by the authorized persons;

c) Data obtained from surveys must be checked and verified by competent agencies.

3. The head of the agency receiving and processing information and data voluntarily given by entities shall, where necessary, establish an advisory council which is comprised of experienced managers and specialists to verify and evaluate such information and data.

4. If there is any mistake or irrationality of the provided information and data discovered in course of processing of information, the provider of such information and data must give explanation thereof and provide accurate information to the agency in charge of processing information and data.

Article 11. Storage and management of information and data

1. The agency in charge of managing the housing and real estate market database must implement management, operational and technical measures in connection with the information system in order to protect and restore the information system, services and data contents, and ensure the security of system applications and database of the information system, including security at database level, system and application level, and physical level.

2. The agency in charge of managing the housing and real estate market database shall be responsible for applying information technology to the guarantee of security of stored data in the database in terms of following aspects:

a) Physical storage: data storage devices such as computer hardware, magnetic disks or other long-term data backup systems must be not damaged; 

b) Logical organization: the security of stored data must be ensured according to principles and formats of database systems in order to avoid events intentionally causing damage to logical organization units of data;

c) The security of online information must be ensured to prevent the loss of information in the database system;

d) Numerical data is stored in the host computer to prevent the illegal access by means of security system with advanced methods and techniques.

3. The agency in charge of managing the housing and real estate market database must adopt measures to ensure the integrity of information and data, conduct periodic inspection and guarantee the security of electronic information system.

4. Backup of housing and real estate market data:

a) Data stored in the housing and real estate market database must be copied and archived on data storage devices on a periodical basis and in conformity with technical, security and safety process and regulations as regulated by prevailing laws;

b) The housing and real estate market data must be copied and archived for every 07 days in accordance with regulations.

Article 12. Security policy of housing and real estate market information and data 

1. The printing, duplication, photocopying, delivery, receipt, transmission, storage, management and provision of information and data must be carried out in conformity with regulations on information and data security.

2. The agency in charge of managing the housing and real estate market database shall announce specific provisions on access and updating of information and data.

3. An entity updating and using the housing and real estate market database shall be granted the right to access and update certain contents in each data component in order to ensure the strict management of right of access to information in the housing and real estate market database.

Chapter IV

USE AND ANNOUNCEMENT OF HOUSING AND REAL ESTATE MARKET INFORMATION 

Article 13. Agencies in charge of providing information and data included in the housing and real estate market database

1. Ministry of Construction shall information and data included in the housing and real estate market database system.

2. Each Department of Construction shall provide information and data contained in the national housing and real estate market database and the provincial housing and real estate market database under its management.

Article 14. Use of housing and real estate market information and data through the internet/ website 

1. Organizations and individuals may use the housing and real estate market information and data through the internet/ website without paying fees thereof in the following cases: 

a) Using the list of housing and real estate market information and data;

b) Using the housing and real estate market information and data which are widely announced and disseminated in accordance with prevailing laws.

2. With respect of the information and data other than those prescribed in Clause 1 of this Article, the organization/ individual must register for grant of the right to access and use such information and data through the internet/ website. The agency in charge of managing the housing and real estate market database shall grant the right of access to information to the requesters that are qualified in terms of types of information and using purposes as prescribed by laws.

Procedures for registration and grant of right to use the housing and real estate market information and data through the internet/ website are as follows:

a) The organization/ individual that wants to register for grant of the right to use the housing and real estate market information and data (hereinafter referred to as the requester) shall send a request to the agency in charge of managing and providing housing and real estate market information and data (hereinafter referred to as the information provider) in any of the following forms:

- Submit a written request directly to the information provider;

- Send a request through the official correspondence channel, by fax or by post;

- Carry out online registration on the website of the information provider.

The written request shall be made using the form stated in the Appendix III to this Circular;

b) Within 03 working days as from the receipt of a valid request for grant of right to use the housing and real estate market information and data, the information provider shall notify service charges (if any) to the requester. If a request is refused, the information provider shall give a written response indicating reasons of refusal to the requester;

c) The information provider shall grant an user account for access to the information system to the requester within 07 working days as from the receipt of a valid request or from the time when the requester has paid service charges (if any);

3. A holder of the right of access to information shall discharge the following duties:

a) Access by correct account and password; not to reveal the granted account and password to the others;

b) Use information and data within the authorized scope; not to make illegal access to the housing and real estate market database; use information and data for proper purposes;

c) Manage downloaded information and data; not to provide them to other entities unless it is permitted by the agency in charge of managing the housing and real estate market database;

d) Not to illegally change, delete, remove, copy, reveal or move a part or the entire data; not to create or run a software program to cause influence or variation in the housing and real estate market database; timely report to the database management agency of any errors of provided information and data;

dd) Pay any charges of using service of providing housing and real estate market information and data as regulated by laws;

e) Comply with regulations of the Law on protection of state secrets; assume responsibility for any violations against regulations on use of information and data.

4. In case of suspension of the provision of relevant information, data and services on the internet, the information provider must:

a) Except for force majeure events, make a public notification within 07 working days before the information provider actively suspends the provision of relevant information, data and services on the internet for repairing and rectifying errors or upgrading and improving the information infrastructure. The said notification must specify the estimated time for resuming the provision of relevant information, data and services on the internet;

b) Implement measures to rectify the information system’s errors that occur in course of operation and cause influence or cessation of the provision of relevant information, data and services on the internet.   

5. The provision and use of housing and real estate market information and data through the internet/ website must comply with regulations of the Law on electronic transactions, the Law on information technology and their instructional documents.

Article 15. Use of housing and real estate market information and data by sending written request

1. Procedures for provision of housing and real estate market information and data upon written request:

a) The requester shall send a written request for provision of information/ data to the information provider in any of the following forms:

- Submit a written request directly to the information provider;

- Send a written request through the official correspondence channel, by fax or by post;

- Send a request through the electronic information network.

The written request shall be made using the form stated in the Appendix III to this Circular;

b) The information provider shall receive and process written requests.

If a requester fails to comply with procedures specified in Clause 2 of this Article, the information provider has the right to refuse to provide information and data by sending a response indicating reasons of refusal within 03 working days as from the receipt of a request;

If a request for information and data is valid in conformity with regulations, the requester shall pay the prescribed charges of service of providing the housing and real estate market information and data to the information provider (if any);

c) The information provider shall prepare and provide requested housing and real estate market information and data to the requester within 07 working days as from the receipt of a valid request or from the time when the requester has paid service charges (if any);

d) The user of the housing and real estate market information and data is not allowed to copy or transfer such information and data to a third party unless otherwise agreed with the information provider.

2. The information provider may refuse to provide information and data in the following cases:

a) Contents of a written request for provision of information and data are not clear; the requested information and data may cause influence on the national security or business secrets of an enterprise, are not available in the existing database or are personal information, except for the cases where the requested information is used to serve the investigation or verification to handle violations against prevailing laws or serve the state management tasks of a competent state agency;

b) The written request has not been certified by the signature of an authorized person and the seal of organization. There is no signature, name, information or contact address of the requester on the written request for provision of information and data;

c) The requester fails to pay charges of service of providing the housing and real estate market information and data as prescribed.

Article 16. Use of housing and real estate market information and data under contracts

1. The provision of information and data which must be aggregated and processed before they are provided to the requester must be carried out under contract.

2. Entering into a contract by and between the agency in charge of managing the housing and real estate market database and an entity that wants to use the housing and real estate market information and data shall be performed in conformity with regulations of the Civil Code and relevant laws.

Article 17. Announcement of housing and real estate market information and statistical indicators  

1. Each Department of Construction shall be responsible for announcing information and statistical indicators in the housing and real estate market database of that province. To be specific:

a) The following information shall be regularly updated and announced on the website of the Department of Construction:

- Legislative documents on housing and real estate market promulgated by local government intra vires;

- Information about the provincial housing development programs/ plans;

- Information about in-progress housing projects in the province;

- Information about real estate trading floors in the province;

b) Information and statistical indicators which are announced a quarter basis consist of:

- Information about the number of unsold project houses which are eligible for trading, classified by regions;

- Transaction price index of certain types of real estate and trade volume index in real estate in the province as regulated in Points e, g Clause 2 Article 4 hereof;

c) Statistical indicators announced for every 6 months: the number of real estate transactions through local trading floors as prescribed in Point dd Clause 2 Article 4 hereof;

d) The following information and statistical indicators shall be annually announced:

- Information and statistical indicators specified in Points b, c of this Clause;

- Total project houses of which the construction has been started, total dwelling houses completely built during the year, total area of project houses completely built during the year and total social houses and total area of social houses completely built during the year in the province as prescribed in Points a, b, c, d Clause 2 Article 4 hereof;

Information and statistical indicators in the provincial housing and real estate market database shall be announced using templates stated in the Appendix IV enclosed to this Circular.  

2. Regulations on the announcement of information and statistical indicators in the national housing and real estate market database:

a) The following information shall be regularly announced on the website of the Ministry of Construction:

- Legislative documents on housing and real estate market promulgated by the National Assembly, the Government, Ministries and regulatory bodies intra vires;

- Information about real estate brokers as reported by local governments;

b) Statistical indicators quarterly announced: the trade volume index in real estate as prescribed in Point g Clause 2 Article 4 hereof;

c) Statistical indicators announced for every 6 months: the number of real estate transactions through trading floors as prescribed in Point dd Clause 2 Article 4 hereof;

d) The following information and statistical indicators shall be annually announced:

- The statistical indicators specified in Points b, c of this Clause;

- Total project houses of which the construction has been started, total dwelling houses completely built during the year, total area of project houses completely built during the year and total social houses and total area of social houses completely built during the year in the province as prescribed in Points a, b, c, d Clause 2 Article 4 hereof.

3. Deadline for announcement of information and statistical indicators:

a) The information and statistical indicators in the provincial housing and real estate market database shall be announced by the 20th day of the first month of the period following the release period;

b) The information and statistical indicators in the national housing and real estate market database shall be announced by the 25th day of the first month of the period following the release period.

4. Time for starting the announcement of information and statistical indicators:

a) The announcement of information shall commence as of July 01, 2017;

b) Sector statistical indicators prescribed in Clause 2 Article 4 hereof shall be collected, aggregated and calculated by Departments of Construction in conformity with the following regulations:

- The announcement of the statistical indicators specified in Points a, b, c, d, dd Clause 2 Article 4 shall commence as from January 01, 2018;

- The central-affiliated cities specified in Group 1 of the Appendix II enclosed to this Circular shall announce the statistical indicators prescribed in Points e, g Clause 2 Article 4 hereof as from the year 2018; the provinces specified in Group 2 of the Appendix II enclosed to this Circular shall make the announcement of such statistical indicators as from the year 2019.

Chapter V

IMPLEMENTATION

Article 18. Responsibility of affiliates of the Ministry of Construction

1. The Housing and Real Estate Market Management Agency shall assume responsibility before the Minister of Construction for inspecting, expediting and instructing Ministries, regulatory bodies and local governments in the whole country to establish, manage, use and update the housing and real estate market database system; take charge of receiving and aggregating the housing and real estate market information provided by Ministries, regulatory bodies and local governments, and transfer them to the Institute of Construction Economics for processing, calculation and updating of information and data; grant right to access or provide the housing and real estate market information to serve the announcement of information by Ministry of Construction; coordinate with the Information Center in formulating regulations on management and use of the housing and real estate market information system.  

2. The Information Center shall preside over and coordinate with the Housing and Real Estate Market Management Agency and the Institute of Construction Economics in setting up consistent software system for managing and operating the housing and real estate market information system; establish and manage the housing and real estate market information technology infrastructure connected to those of provincial departments of construction; organize training courses in software applications; ensure the safety and security of database; formulate regulations on management and use of housing and real estate market information system.  

3. The Institute of Construction Economics assumes responsibility to receive information and data provided by the Housing and Real Estate Market Management Agency, and other agencies and entities; process, update and provide housing and real estate market information and data; cooperate with the Housing and Real Estate Market Management Agency in calculating and aggregating statistical indicators and basic information about the housing and real estate market to serve the announcement of information thereof by Ministry of Construction; instruct the establishment, management, use and updating of the housing and real estate market databases of provinces; coordinate with the Housing and Real Estate Market Management Agency and the Information Center in implementing the contents prescribed in Clauses 1, 2 of this Article.

Article 19. Responsibility of provincial-level people’s committees

Each provincial-level people's committee shall assume responsibility to:
1.
Disseminate and instruct the implementation of this Circular in that province.

2. Instruct the Department of Construction of that province to:

a) Formulate regulations on management, use and updating of the provincial housing and real estate market database; regulations on safety and security of information;

b) Inspect the compliance with regulations on establishment, management, use and updating of the provincial housing and real estate market database;

c) Instruct relevant agencies and organizations in preparing and submitting prescribed reports; announce email address on its website in order that relevant entities may provide information and data as regulated;

d) Grant right of access to relevant entities in accordance with regulations;

dd) Collect information, aggregate and calculate sector statistical indicators in the field of housing and real estate market;

e) If the infrastructure of the housing and real estate market information system fails to meet demand for access or updating of information, the provincial Department of Construction shall, upon the announcement of information, send information and statistical indicators prescribed in the Appendix IV enclosed to this Circular to Ministry of Construction for monitoring and aggregation; report to Ministry of Construction of information contents using templates stated in the Appendix V enclosed to this Circular. 

3. Instruct the Statistics Office in cooperating with Department of Construction to provide the housing and real estate market information and data.

4. Allocate expenditures on establishment, management and operation of the housing and real estate market database; collect and update additional information and data; calculate and announce housing and real estate market statistical indicators of province.

Article 20. Implementation

1. This Circular comes into force as of February 01, 2017.

2. Regulations on reporting of basic information about real estate projects, reporting of construction and investment situation prescribed in Points a, b Clause 2 Article 4 and reporting of house sale, house lease, transfer of land use right and land lease prescribed in Point c Clause 2 Article 4 of the Circular No. 11/2013/TT-BXD dated July 31, 2013 by Minister of Construction providing regulations on reporting of construction, investment and trading of real estate projects; housing and real estate market statistical indicators prescribed in the Circular No. 05/2012/TT-BXD dated October 10, 2012 by Minister of Construction on promulgation of system of statistical indicators of the Construction industry (code 0301÷0308); regulations on reporting, statistics and aggregation of the construction industry with respect of housing and real estate market statistical indicators according to templates No.: 12/BCDP, 13a/BCDP, 13b/BCDP, 14/BCDP, 15/BCDP, 16/BCDP promulgated under the Circular No. 06/2012/TT-BXD dated October 10, 2012 by Minister of Construction on regulations on reporting, statistics and aggregation of the construction industry shall be null and void as of the entry into force of this Circular.  

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for consideration./.

 

 

PP MINISTER
DEPUTY MINISTER




Do Duc Duy

 

APPENDIX I

(Enclosed to the Circular No. 27/2016/TT-BXD dated December 15, 2016 by Ministry of Construction)

CONTENTS ABOUT STATISTICAL INDICATORS OF CONSTRUCTION INDUSTRY IN THE FIELD OF HOUSING AND REAL ESTATE MARKET

I. TOTAL PROJECT HOUSES OF WHICH THE CONSTRUCTION HAS BEEN STARTED

1. Definition and calculation methodology

- Total project houses of which the construction has been started refer to the sum of total apartments (for apartment buildings) and total houses (for detached houses) of which the construction has been started within a given period at housing investment and construction projects.

- Time of starting the construction of a house is determined at the time of starting the construction of foundation.

Calculation methodology:

- Total project houses of which the construction has been started are calculated by adding total building apartments and villas and attached houses of which the construction has been started within a given period at projects.

2. Release period: Annual.

3. Data sources

Total project houses of which the construction has been started shall be calculated on the basis of construction start notices from investors and information and data about the grant of building permits provided by local construction agencies.

Each Department of Construction shall collect and aggregate total project houses of which the construction has been started in conformity with regulations in template No. 4.4 stated in the Appendix IV enclosed to this Circular.

II. TOTAL DWELLING HOUSES COMPLETELY BUILT DURING THE YEAR
1.
Definition and calculation methodology

- Total dwelling houses completely built during the year refer to total apartments and houses completely built during the year for living and daily activity purposes of family households or individual inhabitants.  

- Total dwelling houses completely built include apartments and houses completely built during the year (including apartments and houses which have been re-constructed after the deteriorated and old ones have been demolished);  

2. Release period: Annual.

3. Data sources

Total dwelling houses completely built during the year shall be calculated on the basis of information and data about the execution of real estate projects included in reports of investors, the number of detached houses in urban and rural areas aggregated from reports of district-level people’s committees in conformity with regulations in the Government’s Decree No. 177/2015/ND-CP dated November 12, 2015, and data managed by Departments of Construction.

Each Department of Construction shall collect and aggregate total dwelling houses completely built during the year in conformity with regulations in template No. 4.5 stated in the Appendix IV enclosed to this Circular.

III. TOTAL AREA OF PROJECT HOUSES COMPLETELY BUILT DURING THE YEAR
1. Definition and calculation methodology

- Total area of project houses completely built during the year refers to total floor area of apartments and houses completely built during the year at housing investment and construction projects.

- Total area of project houses completely built during the year (calculation unit: m2) is comprised of area apartments and houses at housing investment and construction projects completely built during the year (including area of apartments and houses which have been re-constructed after the deteriorated and old ones have been demolished);

- Calculation of area of building apartments:

Area of an apartment of the apartment building is the gross area for living and daily activity of a household or individual inhabitant, exclusive of shared area (such as area of shared stairways, passageways, corridors, kitchens, restrooms, guard booths and cultural halls, etc.).  

- Calculation of area of detached houses:

+ Area of a detached house is the gross living floor area used by a household or individual inhabitant, inclusive of areas of all sleeping rooms, guest rooms, reading rooms or recreation rooms, etc., and areas of corridors, stairways and entrance halls thereof. Calculation of areas of other structures which are built separately from main houses and not used for residential purposes (such as animal farming houses, kitchens, restrooms or warehouses, etc.) shall not be required;

+ With respect to a single-story house, the gross floor and wall area (areas on which such house's ceiling or roof is built) of that house shall be calculated. In case of shared walls and column frames, only half of the area occupied by such walls and column frames shall be calculated;

+ With respect to a multiple-story house, the gross floor and wall area (areas on which such house's ceiling or roof is built) of storeys of that house shall be calculated. In case of shared walls and column frames, only half of the area occupied by such walls and column frames shall be calculated;

+ The area of groundfloor and space underneath a groundfloor, which is not enclosed and used for living purposes, shall be excluded. Where space underneath the groundfloor is at least 2.1 meters high, is enclosed and used for living or staying purposes, calculation of area of that space shall be required;

+ If kitchen and toilet area are contiguous to a house in which a household is living (shared use or shared walls), area of that kitchen and toilet area shall be included in total area of that house;

+ If kitchen and toilet area are absolutely separate from (independent of) a house in which a household is living, even when they are built in close proximity to each other, area of that kitchen and toilet area shall be excluded from calculation of total area of that house;

+ With respect to a house/apartment with closed kitchen and toilet area as illustrated above, area of that house/apartment shall be calculated inside the dotted line;

+ If a house/apartment has a loft having the ceiling height of at least 2.1 m and the minimum area of 4 m2, the area of this loft shall be included in total area of that house/apartment.

2. Release period: Annual.

3. Data sources

Total area of project houses completely built during the year shall be calculated on the basis of information and data about the execution of real estate projects in reports of investors, the number of detached houses in urban and rural areas aggregated from reports of district-level people’s committees in conformity with regulations in the Government’s Decree No. 177/2015/ND-CP dated November 12, 2015, and data managed by Departments of Construction.

Each Department of Construction shall collect and aggregate total area of project houses completely built during the year in conformity with regulations in template No. 4.6 stated in the Appendix IV enclosed to this Circular.

IV. TOTAL SOCIAL HOUSES AND TOTAL AREA OF SOCIAL HOUSES COMPLETELY BUILT DURING THE YEAR

1. Definition and calculation methodology

- Social house refers to a dwelling house built with the state funding provided to entities benefitting from the policies on housing support as prescribed in the Law on housing No. 65/2014/QH13.

- Total number of completely-built social houses within a given year is total social apartments/ houses the construction of which has been completed within that year.

- Total area of completely-built social houses within a given year is the gross area (calculated by m2) of social apartments/ houses the construction of which has been completed within that year.

Calculation method:

- Total completely-built social houses within a given year is the sum of social apartments and social houses of which the construction has been completed in that year, inclusive of social apartments and houses which have been re-constructed after the old and deteriorated ones have been demolished.  Each social apartment or house of which the construction has been completed within a reporting period is considered as a unit;

- Total area of completely-built social houses within a given year (calculation unit: m2) is the sum of areas of social apartments and social houses which have been completely built within that year (inclusive of areas of social apartments and social houses which have been re-constructed after the deteriorated and old ones have been demolished, and expanding areas of upgraded social houses);

- The calculation of area of a social house shall follow principles for calculation of total area of project houses completely built during the year (specified in Section III hereof).

2. Release period: Annual.

3. Data sources

Total social houses and total area of social houses completely built during the year shall be calculated on the basis of information and data about the execution of real estate projects according to reports of investors in conformity with regulations in the Government’s Decree No. 177/2015/ND-CP dated November 12, 2015, and data managed by Departments of Construction.

Each Department of Construction shall collect and aggregate total social house and total area of social houses completely built during the year in conformity with regulations in template No. 4.7 stated in the Appendix IV enclosed to this Circular.

V. NUMBER OF REAL ESTATE TRANSACTIONS THROUGH TRADING FLOORS

1. Definition and calculation methodology

- The number of real estate transactions through trading floors means total times of transactions in apartments of apartment buildings, detached houses, land, offices, commercial and service premises which have been sold, purchased, transferred or leased through real estate trading floors or floors' brokerage services.

- The number of real estate transactions through trading floors is the sum of all times of transactions in types of real estate through real estate trading floors or floors' brokerage services for sale, lease or transfer within a given period.

2. Release period: biannual, annual.

3. Data sources

The number of real estate transactions through trading floors shall be calculated on the basis of real estate transaction-related information and figures within a given period from reports of real estate trading floors in conformity with regulations in the Government’s Decree No. 177/2015/ND-CP dated November 12, 2015.

Each Department of Construction shall collect and aggregate the number of real estate transactions through trading floors in conformity with regulations in template No. 4.8 stated in the Appendix IV enclosed to this Circular.

VI. TRANSACTION PRICE INDEX OF CERTAIN TYPES OF REAL ESTATE
1. Definition

- Real estate transaction price refers to the price of the real estate which has been successfully traded in the market (in which the payment has been fully or partially made but the real estate has been handed over) within the calculation period; this is not the first transaction price of real estate which recently built or created in the project.

The following types of real estate shall be selected for aggregation of transaction prices: detached houses for sale, apartment buildings for sale, land for transfer and offices for lease. Real estate used for serving other business and production purposes, dwelling houses for lease and real estate services shall not be selected.

- Transaction price index of certain types of real estate is a relative indicator (calculated in %) that reflects the trend and changes in transaction prices of certain types of real estate through successful transactions by time.

The transaction price index of certain types of real estate is calculated for central-affiliated cities/ provinces, not for the whole country. The price index shall be calculated on quarterly and annual basis in comparison to that of the previous period, the same period of previous year and the base period.

2. Calculation method:

Transaction price index of certain types of real estate shall be calculated according to the following steps:

Step 1: Divide regions and select typical types of real estate

- Divide regions to establish and announce index for each type of real estate.

Dividing regions shall be decided by the provincial authority on the basis of local administrative division and topographic features and the development of regional market of each type of real estate.

- Select real estate with popular and typical features as typical real estate of a region in course of calculating the real estate price index.

Typical real estate of each subtype of real estate for each region shall be selected based on the geographical location, scale and status of real estate which may be commonly traded on market.

Step 2: Formulate data about price and weights in the base period

- The average transaction price of the typical real estate of the base period is determined on the basis of the annual average price of the typical real estate within the period selected as the base year.

- The transaction value of real estate in the base period used as weights shall be determined on the basis of total value of real estate which has been successfully traded in the year and is selected for calculation of the proportion of each subtype of real estate in each region as the fixed weights.  The weights shall be applied for a period of about 5 years. If there is a significant change in the real estate market, weights in the middle of period may be updated.

- The base year shall be 2017.

Step 3: Formulate data about price of the calculation period

Collect and process information about price by types/subtypes of real estate of each region within the calculation period.

- The average transaction price of the typical real estate in the calculation period is determined on the basis of collected data about prices of successful transactions of pieces of real estate of the same subtype of real estate in the calculation period (comparative real estate) after they are converted into pieces of real estate having similar features with the typical real estate.

The conversion of comparative pieces of real estate into pieces of real estate with similar features with the typical real estate of a subtype of real estate shall be carried out based on the price adjustment after difference in features has been analyzed.

The price adjustment may be performed by percentage or according to the absolute value of the transaction price of real estate. Based on features that cause increase or decrease of price of real estate in comparison with the typical real estate of the same subtype of real estate, the adjustment rate shall be determined by using specialists’ experience.

Features of real estate used for analysis and adjustment of transaction prices for reference are as below:

+ Detached houses: location features (address, region, street, traffic convenience, etc.), social features in the region (near hospital, market or school, etc.), features of real estate (quality, land area, land size, building area and dimension, number of storeys, number of rooms for living purposes, etc.) and other features (if any).

+ Apartment buildings: location features (address, region, street, traffic convenience, number of storeys of the building, storey location, car parking, two wheeler parking, etc.), social features in the region (near hospital, market or school, etc.), features of apartment (quality and area of the apartment, number of rooms for living purposes, number of bathrooms, etc.) and other features (if any).

+ Land for transfer: Location features (address, region, distance to the main traffic arteries, number and size of adjacent road surfaces, etc.), social features in the region (near hospital, market or school, etc.), features of real estate (area and dimension, etc.), infrastructure (power supply, water supply and drainage system, communication system, etc.) and other features (if any).

+ Office for lease: Class of office, location features (address, region, distance to the main traffic arteries, etc.), features of real estate (area and dimension of office, etc.), infrastructure (power supply, water supply and drainage system, communication system, car parking, two wheeler parking, etc.) and other features (if any).

Ø Formula for calculating the average transaction price of the typical real estate: according to the following simplified geometric average for each subtype of real estate in the calculation period:

Where:  means the transaction price in the period (t) of subtype (i) of real estate in the survey region v;

means the transaction price of subtype (i) of real estate in the j transaction;

n means the number of transactions of which prices are collected in the period (t).

ØProcess of aggregating the average price: The average price is calculated for each region. The calculation of the average price of the whole province/ central-affiliated city is not required.

Step 4: Calculate the transaction price index of certain types of real estate in the calculation period

- The calculation period is the period in which figures must be determined in order to compare with those in the base period or the other calculation period on a quarterly and annual basis (in comparison with the previous period and the same period of previous year).

Ø Calculation formula: the transaction price index of certain types of real estate is calculated according to the weighted geometric average of Laspeyres that takes the general form as follows:

Where:

means the transaction price index of certain types of real estate in the calculation period (t) compared to that in the fixed base period (0);

, respectively means the real estate transaction price in the calculation period (t) and the fixed base period (0);

 means the weights in the fixed base period (0);

means the real estate transaction value in the fixed base period (0);

n means the number of types of real estate.

Ø Process of aggregating the transaction price index: The transaction price index of certain types of real estate is calculated according to the following sequence:    

 (1) Calculation of the transaction price index of each subtype of real estate for each region ( )

The transaction price index of each subtype of real estate for each region is calculated by applying the following formula:

               (1)

Where:

- means the average transaction price of subtype z of real estate in the calculation period (VND/ m2);

- means the average transaction price of subtype z of real estate in the base period (VND/ m2);

- The average transaction price of type z of real estate in the base period () is determined according to the statistical figures about the average transaction price in the base period of the typical real estate of that subtype of real estate.

- The average transaction price of subtype z of real estate in the calculation period () is determined according to the figures about the average transaction price of the typical real estate in the calculation period.

+ If the transaction price index is calculated on a quarterly basis, the average transaction price of a subtype of real estate shall be the average transaction price in that quarter.

+ If the transaction price index is calculated on an annual basis, the average transaction price of a subtype of real estate shall be the average transaction price in that year.

The transaction price index of each type of real estate shall be determined according to the following classification of real estate specified in Table 1.

Table 1. Classification of real estate for calculating the transaction price index of each type of real estate

No.

Type of real estate

Subtype of real estate

1

Detached house for sale

Detached houses in housing investment and construction projects

2

Building's apartment for sale

1. Apartments of high-grade apartment buildings

2. Apartments of medium-grade apartment buildings

3. Apartments of popular apartment buildings

3

Land for transfer

1. Land of existing residential areas

2. Land in housing investment and construction projects

4

Office for lease

1. Class-A offices for lease

2. Class-B offices for lease

3. Class-C offices for lease

 (2) Calculation of the transaction price index of each type of real estate for each region ()

The transaction price index of each type of real estate for each region () is calculated by applying the following formula:

                     (2)

Where:

-  means the transaction price index of subtype z in type j of real estate in the region i (z=1÷e);

-  means the proportion of transaction value of subtype z in type j of real estate in the region i, with  ;

- e means the number of subtypes of real estate in the type j of real estate in the region i.

- The transaction price index of subtype z in type j of real estate in the region i () is determined by applying the formula (1);

- The proportion of transaction value of subtype z in type j of real estate in the region i () is determined by applying the following formula:

                (3)

Where:

-  means the transaction value of subtype z in type j of real estate in the region i, which is the transaction value calculated in the base year. The proportion of the transaction value shall be fixed.

 (3) Calculation of the transaction price index of each type of real estate of central-affiliated city/ province (IBDSj)

The transaction price index of each type of real estate is calculated by applying the following formula:

              (4)

Where:

-  means the transaction price index of type j of real estate in the region i (i=1÷m)

-  means the proportion of transaction value of type j of real estate in the region I, with ;

- m means the number of regions where figures of real estate of type j are calculated depending on local reality;

- The transaction price index of type j of real estate in the region i () is determined by applying the formula (2);

- The proportion of transaction value of type j of real estate in the region i () is determined by applying the following formula:

                     (5)

Where:

-  means the transaction value of type j of real estate in the region i, which is the transaction value calculated in the base year. The proportion of the transaction value shall be fixed.

 (4) Calculation of general transaction price index for certain types of real estate in central-affiliated city/ province (RPI)

The RPI is calculated by applying the following formula:

              (6)

Where:

+ IBDSj means the transaction price index of type j of real estate (j=1÷n).

+ WBDSj means the proportion of transaction value of type j of real estate, with ;

+ n means the number of types of real estate selected for calculation;

- The transaction price index of type j of real estate (IBDSj) is determined by applying the formula (4);

- The proportion of transaction value of type j of real estate (WBDSj) is determined by applying the following formula:

                     (7)

Where:

+ PBDSj  means the transaction value of type j of real estate, which is the transaction value calculated in the base year. The proportion of the transaction value shall be fixed.

3. Release period: Quarterly, annual.

4. Data sources

The transaction prices of certain types of real estate in central-affiliated city/ province and weights for calculating the price index are determined on the following basis:

- Information and data about the volume of real estate transactions notarized or certified by Provincial Departments of Justice or the Communal-level People’s Committees; information and data provided by Provincial Departments of Taxation about the payment of fees/ charges/ taxes to state budget arising from land and business activities in real estate sector (for calculating the proportion of transaction value for each subtype/ type of real estate according to each region);

- Information and data about real estate transaction prices obtained from reports of real estate trading floors and real estate brokerage organizations in accordance with regulations in the Decree No. 117/2015/ND-CP; information and data directly obtained from market surveys (for calculating the average transaction price for each subtype of real estate in the base period and that in the calculation period).

Each Department of Construction shall collect and aggregate the transaction price index of certain types of real estate in conformity with regulations in template No. 4.9 stated in the Appendix IV enclosed to this Circular.

VII. REAL ESTATE TRADE VOLUME INDEX

1. Definition and calculation methodology

The real estate trade volume index is a relative indicator (calculated in %) that reflects the change in quantity (area or the number of real estate) of successful real estate transactions by time.

Calculation method:

The trade volume index is determined for each type of real estate (including apartment buildings for sale, detached houses for sale, land for transfer, and office for leases) by applying the following formula:

             (8)

Where:

- means total successful transactions of each type of real estate in the calculation period;

- means total successful transactions of each type of real estate in the base period.

The trade volume index of a type of real estate is determined according to the followings:

a) The trade volume index of each type of real estate determined according to area. In this case, the number of successful transactions shall be calculated according to amount of area (m2);

b) The trade volume index of each type of real estate determined according to the number of real estate. In this case, the number of successful transactions shall be calculated according to the number of traded real estate of each corresponding type of real estate (units/ land plots).

2. Release period: Quarterly, annual.

3. Data sources:

The trade volume index shall be calculated on the basis of information and data about the number of real estate transactions on trading floors, which are obtained from reports of real estate trading floors; information and data about the number of notarized or certified real estate transactions which are obtained from reports of Provincial Departments of Justice/ Communal-level People’s Committees; and information and data about real estate transaction status obtained from reports by investors in accordance with regulations in the Government’s Decree No. 177/2015/ND-CP dated November 12, 2015.

Each Department of Construction shall collect and aggregate the real estate trade volume index in conformity with regulations in template No. 4.10 stated in the Appendix IV enclosed to this Circular.

 

Thuộc tính Văn bản pháp luật 27/2016/TT-BXD

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Số hiệu27/2016/TT-BXD
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