What is the application for the examination for granting real estate broker license in Vietnam?
- Does the real estate service agreement have to be notarized or authenticated?
- What are the requirements for real estate brokerage service providers in Vietnam?
- What is the application for the examination for granting real estate broker license in Vietnam?
- What are the procedures for issuance of real estate broker license in Vietnam?
Does the real estate service agreement have to be notarized or authenticated?
In Article 61 of the 2014 Law on Real Estate Trading in Vietnam on real estate service agreements as follows:
Real estate service agreement in Vietnam
1. Types of real estate service agreement
a) Real estate brokerage service agreement;
b) Real estate counseling service agreement;
c) Real estate management service agreement.
2. The real estate service agreement must be made in writing. The agreement’s notarization or authentication shall be agreed by contracting parties.
3. The effective date of the agreement shall be agreed by contracting parties and stated in the agreement. In case the agreement is notarized or authenticated, the effective date of the agreement is the date on which it is notarized or authenticated. If there is no agreement between contracting parties or the agreement is not notarized or authenticated, the effective date of the agreement shall be the day on which it is signed.
4. The real estate service agreement agreed by contracting parties shall contain
a) Names and addresses of contracting parties;
b) Entities and content of the services;
c) Requirements and results of the services;
d) Service provision duration;
dd) Service fee, remuneration, and service commission;
e) Payment method and deadline;
g) Rights and obligations of contracting parties;
h) Dispute settlement;
i) Effective date of the agreement.
Thus, according to the above provisions, real estate service agreements will not be required to be notarized or authenticated. The agreement’s notarization or authentication shall be agreed by contracting parties.
What is the application for the examination for granting real estate broker license in Vietnam? (Image from the internet)
What are the requirements for real estate brokerage service providers in Vietnam?
Article 62 of the 2014 Law on Real Estate Trading in Vietnam stipulates the requirements for real estate brokerage service providers as follows:
Requirements for real estate brokerage service providers in Vietnam
1. Any real estate brokerage service providers must set up the enterprise and there are at least 2 employees obtaining real estate broker license (hereinafter referred to as broker license), excluding cases prescribed in Clause 2 of this Article.
2. Any individual is entitled to provide real estate brokerage services independently provided that he obtains a broker license and pay taxes as prescribed in law on taxation.
3. Any real estate service provider is not entitled to be both a broker and a contracting party in a real estate transaction.
Thus, in order to provide real estate brokerage services, an individual must meet the requirements of obtaining a broker license and registering to pay taxes. In addition, any real estate service provider is not entitled to be both a broker and a contracting party in a real estate transaction.
What is the application for the examination for granting real estate broker license in Vietnam?
In Article 10 of Circular No. 11/2015/TT-BXD, the application for the examination for granting real estate broker license is as follows:
The application for the examination
1. 01 application form with a 4x6cm color picture taken within 06 months prior to the application for examination (using the form stated in Annex 1 of this Circular);
2. 01 certified copy of ID Card (if the candidate is a Vietnamese citizen) or Passport (if the candidate is a foreigner) (or the copy enclosed with its original for comparison).
3. 01 certified copy of Certificate of completion of a real estate brokerage training course (if any);
4. Certified copy of high-school diploma (or equivalent) or;
5. 02 4x6cm color pictures taken within 06 month prior to the application for examination and 02 envelops having stamps and specifying the full name, telephone number and address of the receiver;
6. Certified copy and translation of broker license issued by foreign competent authorities (if the candidate is a foreigner or Vietnamese holder of unexpired broker incense issued by foreign competent authorities).
Thus, in order to register for the examination for granting real estate broker license, individuals need to prepare documents according to the above provisions.
What are the procedures for issuance of real estate broker license in Vietnam?
The procedures for issuance of real estate broker license as prescribed in Clause 2, Article 15 of Circular No. 11/2015/TT-BXD includes the following steps:
- The Chairperson of the board of examiners shall submit reports to the Director of construction department on the examination organizing process and approve the exam results at the request of the examination organization unit;
- Basing on the reports and the approved exam results submitted by the Chairperson of the board of examiners, the Director of construction department shall approve the list of individuals who are eligible for the broker licenses (using the form stated in Annex 3a of this Circular).
- Basing on the approved list of individuals who are eligible for the broker licenses, the examination organization unit shall send the photocopies of exam papers and records of those individuals to the construction department for granting broker licenses.
Within 10 working days as of receiving date of valid records, the construction department shall sign the issuance of broker licenses.
- The construction department shall retain records of the license holders as stipulated in Clause 2 Article 14 of this Circular.
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