04:38 | 10/06/2023

Vietnam: When is a person eligible for reissuance of a real estate broker license after his/her license is revoked?

When is a person eligible for reissuance of a real estate broker license after his/her license is revoked? Question of Mr. Minh from Binh Duong.

When is the real estate broker license in Vietnam revoked?

Pursuant to Circular No. 11/2015/TT-BXD on issuance of real estate broker license; guidelines for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor; establishment and organization of activities of the real estate trading floor promulgated by the Minister of Construction.

Article 18 of Circular No. 11/2015/TT-BXD on revocation of real estate broker license as follows:

Revocation of real estate broker license
1. The real estate broker license shall be revoked in the following cases:
a) The license holder has lost his/her capacity for civil acts;
b) The license holder has declared deceitful information in his/her application;
c) The broker license is erased or altered;
d) The broker license is lent or leased to another person;
dd) The license holder has violated the principles of practice as stipulated in the Law on real estate trading and the contents specified in the license;
e) The license holder has violation acts resulting in his/her license revoked as stipulated by the laws.
2. The broker license is revoked by the construction department issuing such broker license. If it is revoked by other competent agencies in accordance with the laws, a written notice shall be sent to the construction department issuing such broker license for knowing and implementing as prescribed in Clause 4 of this Article.
...
4. After the decision on license revocation is granted, the construction department issuing such broker license shall notify the license holder to resubmit his/her license. The construction department shall publish the name of the person whose broker license is revoked on the mass media and on its website and delete such name from the website of the construction department.

Thus, the real estate broker license shall be revoked in the following 06 cases:

- The license holder has lost his/her capacity for civil acts;

- The license holder has declared deceitful information in his/her application;

- The broker license is erased or altered;

- The broker license is lent or leased to another person;

- The license holder has violated the principles of practice as stipulated in the Law on real estate trading and the contents specified in the license;

- The license holder has violation acts resulting in his/her license revoked as stipulated by the laws.

Vietnam: When is a person eligible for reissuance of a real estate broker license after his/her license is revoked?

Vietnam: When is a person eligible for reissuance of a real estate broker license after his/her license is revoked?

What is the application for the examination to be reissued with a real estate broker license in Vietnam?

Pursuant to Article 10 of Circular No. 11/2015/TT-BXD 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, the application for the examination to be re-issued with the real estate broker license after being revoked includes:

- 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);

- 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).

- 01 certified copy of Certificate of completion of a real estate brokerage training course (if any);

- Certified copy of high-school diploma (or equivalent) or;

- 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;

- 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).

When is a person eligible for reissuance of a real estate broker license after his/her license is revoked?

Pursuant to the provisions of Clause 3, Article 18 of Circular No. 11/2015/TT-BXD as follows:

Revocation of real estate broker license
...
3. The person whose license is revoked can not ask for reissuance of broker license within 05 years as of the issuing date of decision on license revocation.

Thus, the person whose real estate broker license is revoked can not ask for reissuance of broker license within 05 years as of the issuing date of decision on license revocation.

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