Procedures for establishing a real estate brokerage company 2022 in Vietnam
Real estate is always a field that many investors are interested in and choose to do business in. There are many approaches and businesses in this field, one of which must be mentioned is the development of the real estate brokerage service business. In the article presented, Lawyer X will help customers have the most comprehensive view of the procedures for establishing a real estate brokerage company in 2022.
Legal grounds
Enterprise Law 2020
What is a real estate broker?
Real estate brokers are intermediaries performing the following tasks:
– Searching for partners who meet customers’ conditions to participate in negotiations and sign contracts;
– Besides, n authorized representative to perform tasks related to the procedures of real estate purchase, sale, transfer, lease, sublease, and lease purchase;
– Then, provide information and support to parties in the negotiation and signing of real estate purchase and sale contracts, transfer, lease, sublease, and lease purchase.
Real estate brokerage business conditions?
To conduct real estate business, an individual must meet several conditions such as:
Individuals and organizations must establish a company by the law on enterprises. The type of company is freely chosen by individuals; or organizations but must also ensure the conditions for that type of company.
– However, must have 2 or more real estate brokerage practice certificates, except for the case of an independent simple real estate broker who has a practicing certificate and registers to pay tax.
An entity engaged in a real estate brokerage business cannot be both a broker and a party to a real estate transaction.
In addition, the real estate brokerage business is on the list of conditional business lines, so practicing individuals and organizations must also meet the following conditions:
Full capacity for civil acts
– Graduated from high school or higher
– Pass the exam on knowledge of real estate brokerage.
Procedures for establishing a real estate brokerage company in 2022
Step 1: Prepare documents and submit them to the Department of Planning and Investment
Dossier to establish a company providing real estate brokerage services includes:
– Business registration application form (Circular 02/2019/TT-BKHDT);
– Secondly, charter of the company;
– Then, list of members or shareholders of the company (if it is a limited liability company with two or more members or a joint-stock company);
– Moreover, copies of papers: copies of citizen identification cards, people’s identity cards, passports, or other lawful personal identification of members or founding shareholders; Besides, a copy of the company’s establishment decision, enterprise registration certificate, or other equivalent documents of the organization; a copy of the valid ID card or passport of the legal representative of the organization;
– Other necessary documents (if any)
– Power of attorney (if any)
After applying to the Department of Planning and Investment where the enterprise’s head office is located, within 03 working days, if the application is valid and complete, the Department of Planning and Investment will issue a certificate of registration. enterprise.
Step 2: Disclosure of business registration information
After being granted an enterprise registration certificate, an enterprise must make a public announcement on the National Business Registration Portal according to the order and procedures within 30 days from the date of publication. The contents of the announcement include contents of the enterprise registration certificate; Business; list of founding shareholders.
Step 3: Engrave the seal and announce the seal sample
Enterprises have the right to decide for themselves on the form, quantity and content of their seals.
Step 4: Apply for a real estate brokerage practice certificate
An individual granted a real estate brokerage practice certificate when fully meeting the following conditions:
– Have full civil act capacity;
– Besides, having graduated from high school or higher;
– Passed the test on knowledge of real estate brokerage.
Procedures for applying for a real estate brokerage practice certificate carried out now. The sequence is as follows:
– Above all, individuals wishing to issue certificates register and participate in the test organized by the Department of Construction;
– After the test results are available, then the chairman of the examination council shall report to the director of the Department of Construction on the process of organizing the exam and approving the exam results at the request of the exam organizer;
– based on the report of the Chairman of the Examination Council and the results of the examination approved by the Chairman of the Examination Council, the Director of the Department of Construction approves the list of individuals who granted certificates;
– Based on the decision approving the list of individuals to be granted certificates; the test organizer is responsible for transferring the photocopies of the test and their records to the Department of Construction for certification.
Within 10 working days from the date of receipt of complete and valid dossiers, the Department of Construction shall print and sign for issuance of certificates. The certificate is valid for use nationwide for 5 years from the date of issuance.
Please see more articles
Can foreign enterprises do real estate business in Vietnam?
Conditions for foreign investors do real estate business services
Frequently asked questions
According to the provisions of the Law on Housing 2014, foreigners are allowed to own houses in Vietnam for about 50 years. However, in terms of land use rights, according to the provisions of the 2013 Land Law, the State does not grant land use right certificates to foreigners. So foreigners are not allowed to register in the red book.
Including the following main business lines: Real estate business, real estate brokerage service business, and real estate trading floor service business.
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