Chapter IV
MANAGING AND USING THE SYSTEM
Article 22. Organization of operations management system (OMS) of information on housing and real estate market
1. The Ministry of Construction shall use the system and staffs assigned to manage and operate the central system; organize training in professional skills for officials assigned to manage and operate the central and local system .
2. The Departments of Construction shall use the system and staffs assigned to make plans for organizing the system, arrange officials meeting requirements for managing and operating the local system but do not increase the staffing system and report them to the provincial People’s Committees.
3. Regulatory authorities of the system are allowed to lease information technology infrastructures as prescribed by laws on state budget and laws on procurement.
4. The selection of organizations eligible for implementation of some contents of development and management of the system as prescribed by laws on state budget, laws on public investment, laws on procurement, laws on cyberinformation security, laws on network security and regulations on management of the investment in information technology application funded by the state budget, including:
a) Development and provision of information technology infrastructure services;
b) Development and provision of software systems for management, operation and exploitation;
c) Management and operation of host computers, informatics equipment, computer networks, other operations and techniques for information systems;
d) Investigation for development of databases on housing and real estate market.
5. Organizations selected to develop and manage the system must have enough experience in operation, human resources, equipment and other requirements suitable for their assigned tasks prescribed in clause 4 this Article.
Organizations selected must be responsible before laws for their assigned tasks according to regulations herein and other relevant regulations of laws.
Article 23. Managing the system
1. The Ministry of Construction shall uniformly manage the system.
2. Local Departments of Construction shall manage the local system.
3. Regulatory authorities of the system shall provide instructions on sharing, providing, collecting, updating, processing, storing, preserving, operating and using information and data on housing and real estate market; prescribe financial regimes for collecting, updating, processing, managing, operating and using the system; ensure adequate and prompt provision of funding for development and operation of the system.
4. Regulatory authorities of the system shall develop and implement solutions for information security and safety; directly carry out or assign qualified organizations to undertake the management and operation of servers, computer equipment and computer networks and to ensure the operation of the system; grant and assign access rights to authorities, organizations and individuals to declare, share, provide information and data, operate and use information and data on housing and real estate market.
5. Upon adjusting information or data on the system:
On the basis of writing requests of authorities or organizations for adjusting information or data which is shared or provided, regulatory authorities of housing and real estate market shall be responsible for cooperation in inspecting, reviewing, adjusting, updating and adding for the purpose of ensuring the conformity, efficiency and accuracy of information and data on housing and real estate market.
Article 24. Operating and using the system
1. Regulations of laws on access to information and other relevant laws must be adhered to when operating and using the system.
2. Methods for operating and using the system include:
a) Via web portal of the system (http://www.batdongsan.xaydung.gov.vn); via Website of the Department of Construction;
b) Via a written request;
c) Via a contract between a regulatory authority of the system and an operator or user of the data on housing and real estate market as prescribed by laws.
3. Registration and assignment of privileges of operating and using information and data on housing and real estate market shall be carried out as follows:
a) An entity having demand for registration of granting privileges of operating and using the system shall send a request to an authority or unit which is assigned to manage and provide information and data on housing and real estate market (hereinafter referred to as “provider”) in person under a written document, by official dispatches, by fax or post; via provider’s website;
b) Within 07 working days after receiving the request, the provider shall consider to assign legal privileges of operating and using information and data on housing and real estate market; in case of refusal to assign the privileges, the provider must have a response with clear reasons.
4. Regulated entities and scope
a) Authorities engaged in developing and maintaining databases on housing and real estate market are allowed to operate data under their management. It must be approved by regulatory authorities of the system when operating data on housing and real estate market beyond their management;
b) State regulatory authorities are allowed to send requests for connecting and sharing information on housing and real estate market to serve state management work, investigation, confirmation and handling of violations;
c) Other authorities, organizations and individuals are allowed to send requests for sharing and providing information on housing and real estate market in conformity with regulations of laws on accessing information;
d) Regulatory authorities of the system shall not be allowed to share and provide information affecting the national security and business secret of enterprises and private information except for information used to serve investigation, confirmation and handling of legal violations and serve state management work of competent authorities.
5. Entities prescribed in point c clause 3 of this Article shall, when having demand for using the information, pay costs for operating and using information on housing and real estate market as prescribed.
Proceeds collected from services of providing information and data on housing and real estate market shall be managed and used according to regulations of laws on state budget.
Article 25. Publishing information on housing and real estate market
1. The Ministry of Construction shall periodically publish fundamental information on housing and real estate market in the national scale on the web portal of the system (http://www.batdongsan.xaydung.gov.vn) including:
a) Annual reports: before December 31 of the year in which statistics are published as prescribed in Article 9 of this Decree;
b) Quarterly reports: on the last day of the quarter in which statistics are published as prescribed in Article 14 of this Decree.
2. The provincial People’s Committees shall assign Departments of Construction to periodically publish basis information on housing and real estate market of provinces on websites of these Departments including:
a) Annual reports: before December 31 of the year on which statistics are published as prescribed in Article 9 of this Decree;
b) Quarterly reports: on the last day of the quarter in which statistics are published as prescribed in Article 14 of this Decree.
Tìm kiếm
Nghị định 44/2022/NĐ-CP (Bản Word)
Nghị định 44/2022/NĐ-CP (Bản Pdf)