Chương V Nghị định 44/2022/NĐ-CP: Trách nhiệm và quyền hạn của các cơ quan, tổ chức, cá nhân trong việc xây dựng, quản lý và sử dụng hệ thống thông tin về nhà ở và thị trường bất động sản

Chapter V

RESPONSIBILITIES AND ENTITLEMENTS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS TO DEVELOP, MANAGE AND USE THE SYSTEM

Article 26. Responsibilities of the Ministry of Construction

1. Be responsible before the Government of Vietnam performing the state management function for developing, managing and using the system.

2. Appeal to the Government of Vietnam to promulgate or promulgate within its competence legislative documents , regimes and policies on developing, managing and using the system; provide guidance to relevant agencies, organizations and individuals on details about the sharing, provision, collection, update, handling, storage, preservation, operation and use of information and data on housing and real estate market (if any). Propose the Government of Vietnam for amendments to databases on housing and real estate market.

3. Assign professional housing and real estate market management units of the Ministry of Construction to inspect, urge and guide relative ministries and central authorities and local authorities nationwide for developing, managing, operating and using the system; use capital sources allocated to develop and upgrade the IT infrastructure system and software system, develop databases on the system and maintain the regular operation thereof in compliance with current regulations; be in charge of receipt and consolidation of information on housing and real estate market which is shared and provided by relevant ministries and central and local authorities.

4. Set up a project for investment in developing and upgrading the IT infrastructure system meeting the connection with Departments of Construction, set up a project for investment in developing and upgrading the software system serving management and operation of the system as prescribed by laws.

5. Organize development and upgrading of a uniform software system for managing and operating the system; develop and upgrade an IT infrastructure system of housing and real estate market meeting the connection with Departments of Construction; develop central databases on the system, manage and operate it; share and provide information on housing and real estate market for agencies, organizations and individuals as per laws.

6. Propose programs on investigation into and statistics on housing and real estate market in multiple provinces and central-affiliated cities and appeal them to the Government of Vietnam to consider, decide and organize the implementation after being approved.

7. Prepare a plan on the use of capital sources allocated to investigate, develop databases thereof, develop, maintain and upgrade the IT infrastructure and software serving the management and operation of the system and manage it in compliance with current regulations.

8. Report the Prime Minister of Government of Vietnam on the development of real estate market; share and provide information in the database on housing and real estate market for relative ministries and central authorities serving the state management.

9. Publish agencies, organizations and individuals committing violations against this Decree on the system.

10. Take charge and cooperate with relative ministries and central and local authorities in enforcing regulations in this Decree.

Article 27. Responsibilities of other ministries, ministerial agencies and government agencies

1. Be responsible before the Government of Vietnam for collection, sharing and provision of information related to housing and real estate market prescribed in this Decree under their management; direct local agencies organized in the vertical structures to share and provide information as prescribed in this Decree.

2. Cooperate with the Ministry of Construction in connecting and sharing information from relative databases under their management, and ensure maintenance, connection and sharing of information with databases on housing and real estate market. To be specific,

a) The Ministry of Natural Resources and Environment of Vietnam shall connect and share information and data on land use planning and the grant of certificates of land use rights and ownership of houses and other land-attached assets.

b) The General Statistics Office of Vietnam shall connect and share digital information and data on the results of overall population and housing census, results of mid-term population and housing census.

3. The Ministry of Finance of Vietnam shall balance and allocate recurrent expenditures of the State budget for ministries, central authorities to develop and upgrade the IT infrastructure system, software system serving the management and operation; investigate, collect information and develop databases and maintain the regular operation of the system as prescribed in the Law on State Budget and guidelines of implementation.

4. The Ministry of Science and Technology of Vietnam shall appraise and announce national standards, and assess national technical regulations; support national scientific and technological research in development, management and use of the system.

5. The Ministry of Information and Communications shall instruct, inspect and assess the compliance with regulations and standards on application of information technology to development of the system.

Article 28. Responsibilities of the provincial People's Committee

1. Submit a report to the People's Council at the same level for decision on provision of annual funding from local budget for the investigation and collection of information serving development of databases on housing and real estate market; management and operation of the system of the province; creation, disclosure and integration of planning information into the system.

2. Assign the Department of Construction of its province to:

a) Formulate Regulations on cooperation in establishing and maintaining the information system, sharing and providing information and data on housing and real estate market in the province;

b) Organize operation of the system of information on housing and real estate market in the province;

c) Take charge and cooperate with relevant units in collecting information related to housing and real estate market in the province; receive information related to housing and real estate market in the province which is shared and provided by agencies, organization and individuals;

d) Share and provide information to agencies, organizations and individuals who wish to operate and use the information as prescribed by laws;

dd) Publish information on housing and real estate market in the province and send reports to the Ministry of Construction as per regulation;

e) Formulate and send plans for investigating, collecting, and updating information on housing and real estate market in the province to the Provincial People's Committee and implement them after the approval is granted;

g) Monitor, urge and inspect investors and real estate exchanges in terms of provision of information and data as prescribed in this Decree;

h) Publish agencies, organizations and individuals committing violations against this Decree on the e-portal managed by the Department of Construction;

i) Take charge and cooperate with relevant agencies and organizations in consolidating and counting criteria of statistics on housing and real estate market as prescribed in Articles 9 and 14 hereof to consolidate and report the Ministry of Construction and Provincial People’s Committee.

3. Provide directions for ensuring connection of databases on housing and real estate market with district-level housing management authorities in the province.

4. Promulgate a Regulation on cooperation in developing and maintaining the information system, sharing and providing information and data on housing and real estate market in the province and direct relevant units to implement the Regulation after being promulgated.

5. Direct departments to connect and share professional databases related to housing and real estate market as prescribed in this Decree under its management with databases on housing and real estate market in the province; direct connection, integration and sharing of information about the databases on land managed by local natural resources and environment agencies and direct connection, integration and sharing of information and data on planning managed by local planning agencies.

6. Allocate annual funding from the local budgets to investigate, collect information serving the development of database on housing and real estate market; manage and operate the system in the province; develop application to search information on planning via the web application, publish planning and integrate planning information into the national housing and real estate market information system.

7. Direct the Department of Construction to arrange equipment and officials develop and manage the system as prescribed in clause 2 Article 22 hereof.

Article 29. Responsibilities and entitlements of agencies, organizations and individuals

1. Agencies, organizations and individuals shall:

a) Comply with principles of developing and using information and data on housing and real estate market prescribed in Article 6 hereof and relevant regulations of competent authorities;

b) Share and provide adequate information on housing and real estate market according to regulations and on time. In case information is not shared or provided on time as prescribed due to force majeure or objective obstacles, make written reports and then share and provide information immediately after meeting adequate requirements for sharing and providing;

c) Be responsible before law for their accounts provided and be responsible for all activities done by their accounts. If a user forgot password or the password is lost or stolen or the user detects that there is someone used the user's account, must notify promptly to the agency managing and operating the system;

d) Do not falsify, damage or lose information and data on housing and real estate market; illegally occupy, destroy, damage information and data on housing and real estate market;

dd) Do not take advantage of sharing and providing information to harass, profit, or distribute information contrary to law; obstruct the operation and use of information on housing and real estate market according to regulations;

e) Operate and use information on housing and real estate market contrary to this Decree and other laws;

g) Do not share or provide data which is shared or provided by the state competent authorities to any third party for operation and use except for cases permitted by competent agencies managing the system;

h) Promptly notify agencies managing the system of in information and data shared or provided.

2. Agencies, organizations and individuals shall:

a) Refuse requests for sharing or providing information and data contrary to this Decree and other relevant laws;

b) Complain and accuse ass prescribed by laws upon operation and use of their erroneous information.