Real estate is always an area 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 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. Hopefully, the article will bring many useful things to readers.
Legal grounds
Enterprise Law 2020
Law on real estate business 2014
What is a real estate broker?
Real estate brokers are intermediaries performing the following tasks:
– Firstly, searching for partners who meet the customer’s conditions to participate in negotiations and sign contracts;
– Secondly, an authorized representative to perform tasks related to the procedures of real estate purchase, sale, transfer, lease, sublease, and lease purchase;
– 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.
– 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 the real estate brokerage business cannot be both a broker and a party to a real estate transaction.
In addition, according to current regulations, 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 civil act capacity
– Graduated from high school or higher
– Pass the exam on knowledge of real estate brokerage
Profile of real estate brokerage company
To establish a real estate brokerage company, individuals and organizations must prepare the following documents:
– The application for the establishment of a real estate brokerage company is prepared according to the form provided by the law in the appendix issued with Circular 02/2019/TT-BKHDT
You choose the application form for incorporation corresponding to the type of company decided (Limited Company, Joint Stock Company …)
– Draft charter of the brokerage company. The contents of the charter may be amended and supplemented during the operation of the company
– List of capital contributors if it is a limited liability company with 2 or more members or list of shareholders if it is a joint stock company
– Copies of documents such as Establishment decision, meeting minutes; Identity cards/ID cards, passports, or other similar documents… of the founding members or shareholders of the company, depending on whether that member is a Vietnamese national or a foreign national.
– A copy of the law-recognized real estate brokerage practice certificate
Procedures for setting up 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:
– An application for business registration;
– Charter of the company;
– 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);
– Copies of documents: copies of citizen identification cards, people’s identity cards, passports, or other lawful personal identification of members or founding shareholders; A copy of the company’s establishment decision, enterprise registration certificate, or another equivalent document 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)
So, after submitting the application file 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: Announce business registration information
After granting 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.
Note: According to the provisions of Clause 1, Article 26 of Decree 50/2016/ND-CP, if an enterprise fails to publish or publishes on time the prescribed contents of enterprise registration on the National Portal, Enterprise registration will be fined from 1,000,000 VND to 2,000,000 VND.
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. Enterprises can authorize Viet An Law Firm or self-engrave the seal and notify the seal sample to the Department of Planning and Investment.
After receiving the notice of the seal sample, the Business Registration Office hands over the receipt to the enterprise publishes the enterprise’s notice on the national business registration portal, and issues notice on the registration of the enterprise. Download information about the enterprise’s seal template for the business.
Step 4: Apply for a real estate brokerage practice certificate
An individual shall grant a real estate brokerage practice certificate when fully meeting the following conditions:
– Have full civil act capacity;
– 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 are carried out at present
The sequence is as follows:
– Firstly, individuals wishing to issue certificates register and participate in the test organized by the Department of Construction;
– After having the test results, 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 test results at the request of the exam organizer;
– Besides, 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.
Related article:
Disclosure of real estate information put into a business in Vietnam
New policies affecting the real estate market 2022 in Vietnam
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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