Chương III Nghị định 44/2022/NĐ-CP: Xây dựng hệ thống thông tin về nhà ở và thị trường bất động sản

Chapter III

DEVELOPMENT OF THE SYSTEM

Article 15. Developing a information technology infrastructure and a software system serving the operation of the system

1. The information technology (IT) infrastructure of housing and real estate market includes a set of computing equipment (host computer, servers), network-connected equipment, network and database security equipment, storage equipment, peripherals and auxiliary equipment, internal network.

2. The software system serving the operation of the system includes an operating system, database management system and applications, cybersecurity software.

3. The development and maintenance of the operation of the system includes:

a) Establishment, upgrading and maintenance of information technology infrastructure;

b) Development and upgrading of the software system in order to operate the system;

c) Organization of training and education in order to improve the capacity of officials, public employees and workers;

d) Inspection of the update and connection of database;

dd) Other activities as prescribed by laws.

Article 16. Developing a database on housing and real estate market

1. The database on housing and real estate market is developed in accordance with the Vietnam e-Government Architecture Framework, local e-Government Architecture Framework, standards of databases and regulations on techniques, information technology and economic and technical norms.

2. The database on housing and real estate market is developed and managed uniformly from central authorities to local authorities, connected with database and information on land. The share of database on housing and real estate market between relevant ministries, central authorities with local authorities serving the state management and handling of administrative procedures complies with regulations of the Government of Vietnam on management, connection and share of digital database of state agencies.

3. Information and data on housing and real estate market must be collected, declared, updated, handled and stored according to regulations specified in Articles 17, 18 and 20 hereof when developing the database on housing and real estate market.

Article 17. Collecting information and data

1. Sources of collecting information and data:

a) Periodic reports specified in Article 29 hereof;

b) Professional database, data of the Program and Plan of housing development;

c) Data, results and reports of programs of investigation and statistics of housing;

d) Available data on housing and real estate market.

2. Regulatory authorities of the system shall be responsible for receiving information and data shared and provided by authorities and organizations as prescribed to integrate into the database on housing and real estate market.

3. The Department of Construction shall propose and report the additional collection and update of local information and data on housing and real estate market to the provincial People’s Committees in order to promptly serve the socio-economic management and development and implementation organization after being approval.

Article 18. Sharing and providing information and data on housing and real estate market

The information and data shall be shared and provided online via the web portal of the system (at http://www.batdongsan.xaydung.gov.vn) and according to the set of forms prescribed in the Appendix issued herewith. To be specific:

1. The State Bank of Vietnam shall share and provide information and data on credit balance for the real estate business according to Form No.1

2. The Ministry of Planning and Investment shall share information and data on foreign direct investment (FDI) in the real estate business according to Form No. 2.

3. The Ministry of Finance shall share information and data on the issuance of corporate bonds related to the real estate business according to Form No. 3.

4. Departments of Construction shall provide information and data on:

a) Real estate brokerage certificate granted in a particular period according to Form No. 4;

b) Program and plan for housing development and results thereof; cases of housing development according to Form No. 5.

5. Departments of Natural Resources and Environment shall:

Share and provide information and data on the issuance of certificates of land use rights and ownership of houses and other assets on land according to Form No. 6.

6. Departments of Planning and Investment shall:

Share information and data on foreign direct investment (FDI) in the real estate business according to Form No. 7.

7. Tax Departments shall

Share and provide information and data on tax on the real estate transfer according to Form No. 8.

8. The district-level People’s Committees shall:

Provide information and data on the quantity and area of houses and population of urban and rural areas according to Form No. 9.

9. Investors shall:

Provide information and data on real estate projects according to the following Forms:

a) Form No. 10 in case the investors provide information and data on real estate projects and products eligible for trade in a particular reporting period.

The declaration and provision of information and data about a project, the structure of the real estate types of the project approved and appraised as a construction investment project by a competent authority shall be carried out before a notice of commencement of the project is issued or before a construction permit is issued by a competent authority to carry out the project (if any);

The declaration and provision of information and data on property eligible for trade and update of a written notice of the Department of Construction on off-plan property eligible for sale or rent must be implemented before the investor trades such property.

b) Form No. 11 in case investors accept the complete or partial transfer of projects; the investors must reamend the information and data of the projects.

Regulatory authorities of the system shall issue new accounts and provide guidance on access, declaration and provision of information and data to the investors accepting the transfer;

c) Form No. 12 in case investors declare and provide information and data on the off-plan property trade in specific reporting periods.

10. Real estate exchanges shall:

Provide information and data according to Form No. 13 to the Department of Construction where the property is traded.

Article 19. Frequencies and time limit for sharing and providing information and data on housing and real estate market

1. Frequency of sharing and providing information and data:

a) Quarterly for Forms No. 1, 2; 3; 4; 6; 7; 8; 10; 11; 12; 13;

b) Annually for Forms No.5 and 9;

2. Time limit for closing data and submit Forms sharing and providing information and data:

a) The Ministry of Construction shall receive information and data:

- Quarterly before the 20^th of the last month of each reporting quarter. For Form No. 01, before the 30^th of the first month of the next quarter;

- Annually before the 20^th of the last month of each reporting year;

b) The Department of Construction shall receive information and data:

- Quarterly before the 10^th of the last month of each reporting quarter;

- Annually before the 10^th of the last month of each reporting year;

c) Time limit for closing data: 05 days before the date on which each report is made.

Article 20. Processing and storing information and data

1. Receiving and consolidating information and data

The Department of Construction shall receive, consolidate and review information and data prescribed in clauses 4, 5, 6, 7, 8, 9 and 10 of Article 18; The Ministry of Construction shall receive, consolidate and review information and data prescribed in clauses 1, 2, 3 and 4 of Article 18 according to regulations in clause 2 Article 20 hereof.

2. Regulatory authorities of the system shall be responsible for processing information and data before they are integrated and stored into the database on housing and real estate market for ensuring the conformity and uniformity. Contents of processing information and data include:

a) Inspection and evaluate of the compliance of regulations in the collection of information and data;

b) Inspection and evaluation of the legal basis and reliability of information and data;

c) Consolidation, sort and classification of information and data in conformity with prescribed contents;

d) Within 05 working days, regulatory authorities of the system of provinces must inspect and review reports of authorities and organizations as prescribed in this Decree before they are submitted to the Ministry of Construction.

3. For information and data updated from a specialized database, the regulatory authority managing such specialized database shall be responsible for ensuring the accuracy of the information and data.

4. Information and data on housing and real estate market must be digitalized, stored and preserved as prescribed by laws on archives and specialized regulations for ensuring the security and convenience in managing, operating and using the information.

5. Authorities and units assigned to manage databases on housing and real estate market must have plans for digitalizing data that is not yet digital; must have managing, professional and technical measures for the information system to ensure the security of digital information and data on housing and real estate market.

Article 21. Ensuring funds for constructing, managing, operating and using the system

1. State budget funding:

a) The central budget shall ensure the construction and upgrading of information technology infrastructure systems and software systems for management, operation and exploitation; investigation, collection of information, development of databases and maintenance of the regular operation of the information system on housing and real estate market implemented by the central government;

b) The local budget shall ensure the construction and upgrading of information technology infrastructure systems for operation; investigation, collection of information, development of databases and maintenance of the regular operation of the information system on housing and real estate market implemented by the local government;

2. Other sources as prescribed by laws (if any).

3. Regulatory authorities of the housing and the real estate market information system shall be allowed to extract a part of the funding obtained from the collection of information and data on housing and the real estate market to serve the regular operation and maintenance of the housing and the real estate market information system; the extraction of a part of the funding shall comply with the regulations of laws on the state budget.

4. Funding for the construction and upgrading of information technology infrastructure systems for operation; investigation, collection of information, regular development and maintenance of the system and the management and use of the proceeds from collection and use of information and data from the database on housing and the real estate market shall comply with the regulations of laws on state budget; in case a project has used public investment capital from the state budget (if any), the laws on public investment shall be applied.