Nghị định 117/2015/ND-CP

DECREE

ESTABLISHMENT, MANAGEMENT AND USE OF HOUSING AND REAL ESTATE MARKET INFORMATION SYSTEM

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Law on Real Estate Trading dated November 25, 2014;

At the request of the Minister of Construction,

The Government promulgates the Decree on establishment, management and use of house and real estate market information system.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Decree provides for establishment, management and use of house and real estate market information system (hereinafter referred to as 'information system’); responsibility and authority of agencies, organizations, and individuals in the establishment, management and use of the information system.

Article 2. Regulated entities

This Decree applies to agencies, organizations, and individuals in connection with the establishment, management and use of the information system.

Article 3. Information system

1. The information system comprises:

a) Database about houses and real estate market:

b) Infrastructure of information technology about houses and real estate market;

c) Software system serving management and operation;

2. The information system is established in uniformity across the country to provide basic information about houses and real estate market to agencies, organizations, and individuals, serve state administration and announce norms about houses and real estate market meeting requirements for socio-economic development.

Article 4. Principles of construction, management and use of the information system

Establishment, management and use of the information system should follow following principles:

1. The information system must be established and managed in uniformity from central to local government in compliance with standards and regulations on application of information technology in regulatory agencies ensuring scientificity and convenience in operation and use.

2. Database about houses and real estate market should be readily available to meet requirements for state administration and socio-economic development, ensuring national security.

3. Information and data about houses and real estate market collected, updated, maintained, exploited and used should guarantee authenticity and objectivity.

4. Information and data about houses and real estate market should be exploited and used purposefully and in compliance with law provisions.

Article 5. Prohibited acts and handling of violations in establishment, management and use of information system

1. Prohibited acts

a) Supply information not as prescribed hereof;

b) Falsify, damage and lose information and data about houses and real estate market;

c) Illegally seize, destroy and damage information and data about houses and real estate market;

d) Exploit and use information about houses and real estate market in opposition to provisions set out hereof and other law provisions;

dd) Obstruct exploitation and use of information about houses and real estate market;

2. Handling of violations

Agencies, organizations, and individuals in breach of provisions prescribed in Clause 1, this Article, depending on nature and severity of the violations, shall be disciplined, face penalties for administrative violations or be liable to criminal prosecution according to law provisions;

Chapter II

DATABASE ABOUT HOUSES AND REAL ESTATE MARKET

Article 6. Database about houses and real estate market

1. Database about houses and real estate market is a collection of basic information and data about houses and real estate market that have been collected, examined, processed, digitalized, incorporated and stored systematically and in an organized way in the form of data files stored in computer system, storage devices, or information carrier to facilitate updating, management and exploitation by information technology system with the aim of serving state administration, socio-economic activities and other proper purposes;

2. Database about houses and real estate market comprises:

a) National database about houses and real estate market is a collection of general information and data about houses and real estate market on a national scale collected from Local database about houses and real estate market, information provided by ministries and departments, and national housing survey program;

National database about houses and real estate market is established, stored and managed by the Ministry of Construction.

Content of National database about houses and real estate market is detailed in Article 7 hereof;

b) Local database about houses and real estate market is a collection of basic information and data about houses and real estate market collected in the administrative division of central-affiliated cities and provinces;

Database about houses and real estate market is assigned to the Service of Construction for establishment, storage and management by People’s committees of central-affiliated cities and provinces (hereinafter referred to as People’s committees of provinces).

Content of National database about houses and real estate market is detailed in Article 8 hereof;

3. Information and data prescribed in Points c, e, Clause 2, Article 7 and Points b, c, e, g, Clause 2, Article 8 hereof shall be collected and updated for real estate types eligible for trading:

a) Land for housing construction;

b) Individual houses, apartment houses;

c) Offices;

d) Hotels;

dd) Commercial and service premises;

e) Technical infrastructure of industrial zones, industrial complexes;

g) Eco-tourist zones, resorts

4. The Ministry of Construction shall preside over and cooperate with relevant agencies and units in making adjustments and supplements to content of necessary database and information in connection with houses and real estate market in the database about houses and real estate market.

Article 7. Content of National database about houses and real estate market

1. National database about houses comprises:

a) A system of legislative documents concerning houses and housing lands promulgated within competence by National Assembly, Government, Ministries and Departments;

b) Number and area of individual houses; area of land for investment and construction of houses; number and area of urban and rural houses; number and area of houses classified by form of ownership, level of strength as prescribed in Points c, d, dd, e, Clause 1, Article 8 hereof compiled from Local database about houses;

c) Figures, statistics, reports from national program for investigation and statistics of houses;

d) National program and plan for housing development;

dd) Number and area of official residences;

e) Other statistical figures about houses;

2. Database about real estate market comprises:

a) A system of legislative documents in connection with real estate market promulgated within competence by National Assembly, Government, Ministries and Departments;

b) Number of enterprises trading real estate;

c) Figures about real estate projects; demands for real estate types according to statistics, forecasts; real estate transaction; finance; database about real estate trading floor prescribed in Points b, c, d, dd, Clause 2, Article 8 hereof compiled from local database about real estate market;

d) Information and data about credit balance for business activities in the area of real estate;

dd) Database about individuals practicing as estate market broker;

e) Other statistical norms about real estate market development;

Article 8. Content of Local database about houses and real estate market

b) Local database about houses and real estate market is collected according to commune-level administrative division and for all central-affiliated cities and provinces including:

1. Local database about houses includes:

a) A system of legislative documents in connection with houses and housing lands promulgated by local authorities;

b) Figures, statistics, reports from local program for investigation and statistics of houses;

c) Information, data about local program and plan for housing development; basic information, number of housing investment projects; number and area of individual houses; area of land for housing investment;

d) Number and area of urban and rural houses;

dd) Number, area of houses owned by state, collectives, individuals and foreign organizations and individuals;

e) Database about houses classified by level of strength;

g) Changes relating to management and use of houses and housing lands;

h) Number of land use right certificates and house ownership rights that have been granted;

i) Management of apartment houses;

k) Other statistical norms about houses in localities;

2. Database about local real estate market comprises:

a) A system of legislative documents in connection with real estate market promulgated by local authorities;

b) Number of projects and development; number of individual types of real estate products of the projects; demands for individual types of real estate products according to statistics and forecasts;

c) Real estate transaction includes information about amount of transaction, prices;

d) Information and data about land-related government revenues and business activities in the area of real estate;

dd) Database about real estate trading floor:

e) Number of houses for rent and types of real estate prescribed in Points c, d, dd, Clause 3, Article 6 hereof comprising such information as characteristics of land, construction; scale, uses; registration for ownership;

g) Other statistical norms about local real estate market development;

Chapter III

CONSTRUCTION OF INFORMATION SYSTEM

Article 9. Establishment of database about houses and real estate market

1. Database about houses and real estate market is established in accordance with architecture of national information system, meeting database standards, technical and information technology regulations and standards, economic – technical norms ;

2. Establishment of database about houses and real estate market includes collection, updating, processing and storage of information as prescribed in Points 10, 11, 12 hereof;

Article 10. Collection, updating of information, data

1. Collecting and updating information and data about houses and real estate market should comply with regulations, processes and economic – technical norms.

2. Manners of collecting and updating information, database about houses and real estate market:

a) From regular and irregular reports by agencies, organizations, and individuals as prescribed;

b) From specialty databases;

c) From available database about houses and real estate market;

d) From investigation and survey data;

dd) Other forms

3. House and real estate market database management agencies (hereinafter referred to as ‘the management agency') shall be responsible for receiving information and data provided by agencies, organizations, and individuals to incorporate into the database about houses and real estate market.

4. The Services of Transport shall make the report to People’s committees of provinces on the collection and updating of information, data about houses and real estate market at local level serving management and socio-economic development.

Article 11. Processing of information, data

1. The management agency shall be responsible for processing information and data before incorporating into the database about houses and real estate market to ensure logicality and uniformity. Processing of information, data includes:

a) Inspect and assess compliance with regulations and processes in collecting information, data;

b) Inspect and assess legal foundation, reliability of information, data;

c) Compile, arrange and classify information, data in accordance with provisions as prescribed;

2. For information, database updated from specialty databases, the agency that manage such specialty database shall be responsible for ensuring accuracy of the information and data.

Article 12. Storage and protection of information, data

1. Information and data about houses and real estate market should be digitalized, stored and protected according to laws on archives and other regulations to ensure safety and convenience in the management, exploitation and use of information.

2. Agencies, units tasked with managing database about houses and real estate market should have plan for digitalizing data and technical measures to ensure safety for digitalized information, data about houses and real estate market.

Article 13. Report and supply of information, data by agencies, organizations

1. Information and data are provided on a monthly basis:

a) Real estate trading floor, real estate organizations shall provide information as prescribed in Point c, Clause 2, Article 8 hereof to the Services of Construction according to Forms No. 1, 2, 3 in Appendix enclosed herewith;

b) The investor shall provide information about real estate transaction of the project as prescribed in Point c, Clause 2, Article 8 hereof to the Services of Construction according to Forms 4a, 4b, 4c, 5 in the Appendix enclosed herewith;

c) The Services of Justice, People’s Committees of communes shall report information about real estate transaction as prescribed in Point c, Clause 2, Article 8 hereof through authentication or certification of contracts as true copy to the Services of Construction according to Form 6 in the Appendix enclosed herewith;

2. Information and data are provided on a quarterly basis:

a) The investor shall provide information about development of housing and real estate projects, number of project products as prescribed in Point b, Clause 2, Article 8 hereof to the Services of Construction according to Forms 8a, 8b, 8c, 8d in the Appendix enclosed herewith;

b) The Service of Natural Resources and Environment shall provide information as prescribed in Point h, Clause 1, Article 8 hereof to the Services of Construction according to Form 9 in the Appendix enclosed herewith;

3. Information and data are provided on a monthly basis:

a) People’s committees of districts provide information as prescribed in Point i, Clause 1, Article 8 hereof to the Services of Construction for compilation and storage according to Form 10 in the Appendix enclosed herewith;

b) The Service of Natural Resources and Environment, Provincial Department of Taxation shall provide information about area of land for investment and construction as prescribed in Point c, Clause 1, Article 8 hereof and information prescribed in Point d, Clause 2, Article 8 hereof to the Services of Construction for compilation and storage according to Forms 11, 12 in the Appendix enclosed herewith;

c) The Service of Planning and Investment shall provide information as prescribed in Point b, Clause 2, Article 7 to the Services of Construction for compilation, storage and making report to the Ministry of Construction according to Form 13 in the Appendix enclosed herewith;

4. Information and data are provided on an annual basis:

a) People’s committees of districts shall provide information as prescribed in Points d, e, Clause 1, Article 8 hereof to the Services of Construction for compilation and storage according to Forms 14, 15 in the appendices enclosed herewith;

b) Ministries, ministerial-level agencies within competence shall provide information about types of houses under management as prescribed in Point dd, Clause 1, Article 7 hereof to the Ministry of Construction according to Form 16 in the appendices enclosed herewith;

5. Time limit for provision of information, data

a) For information, data provided to the Services of Construction:

- Before the 5^th of the month succeeding to the reporting month with respect to information and data to be provided on a monthly basis;

- Before the 10^th of the first month of the quarter succeeding to the reporting quarter with respect to information and data to be provided on a quarterly basis;

- Before the 15^th of the first month of the period succeeding to the reporting period with respect to information and data to be provided on a six-month basis;

- Before January 20 of the year succeeding to the reporting year with respect to information and data to be provided on an annual basis;

b) For information, data provided to the Ministry of Construction:

- Before the 15^th of first month of the quarter succeeding to the reporting quarter with respect to information and data to be provided on a quarterly basis;

- Before the 20^th of the first month of the period succeeding to the reporting period with respect to information and data to be provided on a six-month basis;

- Before January 25 of the year succeeding to the reporting year with respect to information and data to be provided on an annual basis;

6. Information relating to characteristics of land, changes concerning ownership of houses, housing lands and types of real estate as prescribed in Points c, d, dd, Clause 3, Article 6; Planning, plan for use of housing lands, land price connected to the land database collected, updated and managed by local agency for natural resources and environment.

7. Database about the system of legislative documents relating to houses, housing lands and real estate market connected to national database about laws managed by the Ministry of Justice.

8. Figures, statistics, reports from the program for investigation and statistics about houses, housing development plan shall be provided to the management agency at least 20 days since survey and statistical figures are approved by competent authorities to incorporate into the database.

9. Information about housing and real estate projects as prescribed in Point b, Clause 2, Article 8 shall be reported to the Services of Construction according to forms 7a, 7b, 7c, 7d in the Appendix enclosed herewith at least 15 days since the decision to approve the project or adjustment decision (if any) is issued.

10. Manner of provision of information, data

a) Information, data is provided through electronic information network;

b) Information, data provided in writing;

11. The Ministry of Construction shall detail provision of other statistical norms about houses and real estate market development as prescribed hereof.

Article 14. Construction of infrastructure of information technology, software system for management, operation and use of information system;

1. Technical infrastructure of information technology comprises a collection of calculating equipment (servers, host computers), interconnecting equipment, network security equipment and database, storage equipment, peripheral devices, auxiliary equipment and internal network.

2. Software system to manage and operate the information system comprises operating system, database management system, applied hardware, network security software.

Article 15. Investment in Information system

1. Expenses for construction of technical infrastructure of information technology, software products serving management, operation and use of the information system; construction of database and maintenance of regular operation of the information system at central level; investigation and statistical work on houses and real estate market conducted on a large scale involving many central-affiliated cities and provinces is from development investment sources, recurrent expenses guaranteed by central budget according to laws on state budget and other sources as prescribed.

2. Expenses for investigation and collection of information, construction of database and maintenance of regular operation of the information system at local level are from recurrent expenses guaranteed by local budget according to laws on state budget and other sources as prescribed.

3. The management agency is allowed to lease technical infrastructure of information technology to manage and operate database with the aim of reducing costs of investment and construction saving for state budget.

Lease of technical infrastructure of information technology is prescribed in relevant law provisions.

Article 16. Organization of management and operation of information system

1. The Ministry of Construction shall use existing apparatus and personnel to carry out management and operation of the information system at central level; provide training in professional competence to staff tasked with managing and operating the information system at central and local level.

2. The Services of Construction shall use existing apparatus and personnel to manage and operate the information system at local level and make the report to People’s committees of provinces.

3. The management agency is allowed to assign other organizations to take charge of some tasks relating to construction and management of the information system, including:

a) Construct and supply services of IT- related technical infrastructure system (IT stands for information technology)

b) Construct and supply software system serving management and operation;

c) Perform management and operation of host computers, computer devices, computer network and other technical operations on the information system;

d) Conduct investigation and survey to construct the database about houses and real estate market;

dd) Determine statistical norms about houses and real estate market

4. Organizations tasked with constructing and managing the information system must satisfy requirements for qualification, personnel, equipment and others as prescribed in Clause 3, this Article and shall be responsible for the tasks performed.

Chapter IV

MANAGEMENT AND USE OF INFORMATION SYSTEM

Article 17. Management of information system

1. The Ministry of Construction shall unify the management of the information system.

2. The Services of Construction shall carry out the management of the information system at local level.

3. State administration agencies shall promulgate legislative documents detailing provision, collection, updating, processing, storage, operation and use of information, data about houses and real estate market; financial regulations on the collection, updating, processing, management, exploitation and use of information about houses and real estate market; ensure expenses for construction and operation of the information system in a timely way.

4. The management agency shall establish regulations on construction of database and management of the information system; establishment and implementation of information security and safety solutions; Be directly involved or assign other organizations to manage and operate the host computers, computer devices, computer network to ensure operation of the system; grant agencies, organizations, and individuals access to the database for registration and use of information, data as prescribed.

Article 18. Exploitation and use of database about houses and real estate market

1. Manners of exploitation and use of database about houses and real estate market comprise:

a) Via Internet;

b) Via electronic information page prescribed by the management agency;

c) Via specialized network;

d) On request;

dd) Via a contract between the management agency and data users as prescribed;

2. Entities and scope of exploitation and use

a) Agencies involved in construction and maintenance of database about houses and real estate market may exploit the data within management. Exploitation of data about houses and real estate market outside competence must be approved by the management agency;

b) Competent state agencies have the right to request provision of relevant information about houses and real estate market to serve state administration, investigation, verification and handling of violations;

c) Agencies, organizations, and individuals outside Point a, b, this Clause have the right to request provision of information about houses and real estate market for legitimate purposes

d) The management agency is not allowed to provide information about national security, trade secrets of enterprises, personal and private information unless it is used for state administration, investigation, verification and handling of violations by competent agencies.

3. Entities as prescribed in Point c, Clause 2, this Article should pay service fees for use of information about houses and real estate market as prescribed.

Amount of money collected from provision of information and data about houses and real estate market shall be managed and used according to laws on state budget.

The Ministry of Construction shall preside over and cooperate with the Ministry of Finance in providing detailed guidance on this Clause.

Article 19. Public announcement of houses and real estate market

1. Basic information about houses and real estate market shall be made public on mass media, portals of central and local agencies to serve communities and requirements for the country’s socio-economic development.

2. Periodically, the Ministry of Construction shall make public announcement of basic information about houses and real estate market across the country.

3. People’s committees of provinces shall assign the Services of Construction to periodically make public announcement of basic information about houses and real estate market as prescribed by the Ministry of Construction.

4. Real estate associations and qualified organizations may make public announcement of information about houses and real estate market collected and processed by themselves and take responsibility for announced information. The information to be published should include origin and scope of figures and be delivered to the Ministry of Construction and the Services of Construction for monitoring and supervision.

Chapter V

RESPONSIBILITY AND AUTHORITY OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS FOR CONSTRUCTION, MANAGEMENT AND USE OF INFORMATION SYSTEM

Article 20. Responsibility of the Ministry of Construction

1. Be responsible to the Government for performing state administration on construction, management and use of the information system.

2. Promulgate or submit legislative documents, mechanism and policies on construction, management, exploitation and use of information about houses and real estate market to the Government for promulgation; provide detailed guidance on supply, updating, processing, storage, exploitation and use of information and data about houses and real estate market;

3. Establish projects on investment and construction of IT technical infrastructure facilitating connection to the Services of Construction in localities, software system serving management, operation and exploitation of the information system according to laws on investment and construction;

4. Construct uniform software system for management, operation and exploitation of the information system; construct IT technical infrastructure system about houses and real estate market facilitating connection to the Services of Construction in localities; construct database; manage and operate the information system at central level; provide information about houses and real estate market to agencies, organizations, and individuals according to law provisions.

5. Propose the program for investigation and statistics with respect to houses and real estate market on multiple central-affiliated cities and provinces and make the submission to the Prime Minister for consideration and decision, and organize implementation after approval;

6. Make regular reports on real estate market development to the Prime Minister; supply and share information in the database about houses and real estate market with ministries, departments serving state administration;

7. Periodically, make public announcement of basic information in the national database about houses and real estate market; instruct localities to construct statistical norms and announce basic information about houses and real estate market in localities;

8. Construct plan for use of capital for investigation and construction of database; construct, maintain and upgrade IT technical infrastructure, software products serving management, operation and exploitation of the information system according to applicable regulations;

9. Preside over, cooperate and speed up ministries, sectors and localities to implement provisions prescribed hereof;

Article 21. Responsibility of ministries, ministerial-level agencies, Governmental agencies

1. Collect and supply information in relation to houses and real estate market as prescribed hereof within management;  

2. Cooperate with the Ministry of Construction in connecting and integrating information from the database under management, and at the same time maintain, connect and share information with the database about houses and real estate market, specifically:

a) The Ministry of Natural Resources and Environment shall connect, integrate and share information, data about land-use planning, housing land price, issuance of certificates of land use rights, house ownership, information about houses, housing land, shifts in ownership of houses, housing land and real estate, land characteristics as prescribed hereof;

b) The Ministry of Justice shall connect, integrate and share information and data about legislative documents in relation to houses and real estate market;

c) The Ministry of Planning and Investment shall connect, integrate and share information and data about enterprises operating in the area of real estate;

3. The State Bank shall provide general information about credit balance with respect to real estate business activities to the Ministry of Construction as prescribed in Form 17 in the Appendix enclosed herewith.

4. The Ministry of Finance shall arrange recurrent expenses for the construction of database and operation of the information system according to laws on state budget; cooperate with the Ministry of Construction in instructing management and use of money collected from exploitation and use of information and data from the database about houses and real estate market.

5. The Ministry of Science and Technology shall carry out appraisal and public announcement of national standards, regulations supporting national-level science and technology research on construction, management and use of the information system.

6. The Ministry of Information and Communications shall instruct, inspect and assess compliance with regulations and standards on application of IT to the construction of the information system.

7. The Ministry of Planning and Investment shall be responsible for arranging expenses from state budget capital for construction and upgrading of IT technical infrastructure, software products serving management, operation and exploitation of the information system.

Article 22. Responsibility of People’s committees of provinces

1. Assign the Services of Construction to:

a) Preside over organization of operation of the information system in localities;

b) Preside over and cooperate with relevant units in collecting information about houses and real estate market in localities; receive information in relation to houses and real estate market in localities supplied by agencies, organizations, and individuals;

c) Provide information to agencies, organizations, and individuals that need to exploit and use information according to law provisions;

d) Periodically, make public announcement of basic information about houses and real estate market at local level as prescribed;

dd) Construct the plan for investigation, collection, updating of information about houses and real estate market at local level and make the report to People’s committees of provinces for approval; organize the implementation of the plan after approval;

e) Monitor, speed up and inspect the implementation of reporting, supply of information, data by investors, real estate trading floors, real estate organizations as prescribed hereof;

g) Make regular and irregular reports to the Ministry of Construction and People’s committees of provinces on information about houses and real estate market in localities;

2. Direct commune-level housing management agencies in localities to ensure connection to database about houses and real estate market;

3. Promulgate regulations on coordination and instruction to relevant units on construction and maintenance of the information system, supply of information and data about houses and real estate market at local level

4. Direct Departments, sectors to connect specialty data in relation to houses and real estate market under management with database about houses and real estate market at local level; direct connection, integration and sharing of information between database about land under the management of local natural resource and environment agency with database about houses and real estate market in localities;

5. Direct the Services of Construction to arrange personnel to construct and manage the information system as prescribed in Clause 2, Article 16 hereof;

6. Arrange annual budget for investigation and construction of database; manage and operate the information system and calculate other statistical norms about houses and real estate market in localities;

Article 23. Responsibility and authority of agencies, organizations, and individuals for supply and use of information, data about houses and real estate market

1. Agencies, organizations, and individuals shall:

a) Comply with rules on construction and use of information, data about houses and real estate market as prescribed in Article 4 hereof and other relevant law provisions;

b) Supply adequate information to the management agency as prescribed;

c) Not take advantage of supply of information to harass, seek profit or disseminate information in opposition with law provisions;

d) Not provide data provided by competent state agencies to the third party unless otherwise as accepted by the management agency;

dd) Make early notification to the management agency about mistakes made to the information and data provided;

2. Agencies, organizations, and individuals are entitled to:

a) Reject to provide information and data in opposition with provisions set out hereof and other relevant law provisions;

b) Lodge complaints or denunciations according to law provisions in case the rights to exploitation and use of information are violated;

Chapter VI

IMPLEMENTARY PROVISIONS

Article 24. Effect

This Decree takes effect since January 01, 2016.

Article 25. Implementation

1. The Minister of Construction shall be responsible for instructing and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of the provincial People’s Committees shall be responsible for executing this Decree. /.