Is it compulsory to establish an enterprise when operating real estate business in Vietnam? What are operations of real estate business in Vietnam?
Is it compulsory to establish an enterprise when operating real estate business in Vietnam? What are operations of real estate business in Vietnam?
Is it compulsory to establish an enterprise when operating real estate business in Vietnam?
Pursuant to Article 5 of the Decree 02/2022/ND-CP stipulating organizations, households and individuals that sell, transfer, lease, lease-purchase real estate on a small scale and discontinuing operations:
Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate on a small scale and discontinuing operations
Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate specified in Clause 2, Article 10 of the Law on real estate trading and are not required to meet the eligibility criteria specified in Article 4 of this Decree include:
1. Agencies and organizations that sell houses and construction works, transfer land use rights due to bankruptcy, dissolution, or division in accordance with law.
2. Agencies or organizations that sell, transfer, lease, lease-purchase real estate as public property in accordance with law.
3. Credit institutions, foreign bank branches, Asset Management Company (AMCs), Vietnam Asset Management Company (VAMCs) that sell houses, construction works, transfer land use rights, transfer real estate projects which are put up as guarantee or collateral for debt recovery in accordance with law.
4. Organizations, households and individuals that sell houses, construction works, transfer land use rights under decisions of courts or competent authorities when settling disputes, complaints, and whistleblowing reports.
5. Organizations, households and individuals that sell, lease, lease-purchase houses and construction works under lawful ownership, transfer, lease or sublease land use rights under their lawful land use rights.
6. Organizations, households, and individuals that sell, lease, lease-purchase or transfer real estate that is invested and constructed by themselves and this real estate is not for being put on market in accordance with the law.
Pursuant to Article 4 of the Decree 02/2022/ND-CP stipulating eligibility criteria for organizations and individuals to conduct real estate trading:
Eligibility criteria for organizations and individuals to conduct real estate trading
1. Organizations and individuals shall meet the following criteria to conduct real estate trading:
a) They must establish an enterprise in accordance with the law on enterprises or a cooperative in accordance with the law on cooperatives, with a line of business in relation to real estate trading (hereinafter referred to as enterprise);
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As regulated above, it is not compulsory to establish an enterprise when operating real estate business in Vietnam in following cases:
- Agencies and organizations that sell houses and construction works, transfer land use rights due to bankruptcy, dissolution, or division in accordance with law.
- Agencies or organizations that sell, transfer, lease, lease-purchase real estate as public property in accordance with law.
- Credit institutions, foreign bank branches, Asset Management Company (AMCs), Vietnam Asset Management Company (VAMCs) that sell houses, construction works, transfer land use rights, transfer real estate projects which are put up as guarantee or collateral for debt recovery in accordance with law.
- Organizations, households and individuals that sell houses, construction works, transfer land use rights under decisions of courts or competent authorities when settling disputes, complaints, and whistleblowing reports.
- Organizations, households and individuals that sell, lease, lease-purchase houses and construction works under lawful ownership, transfer, lease or sublease land use rights under their lawful land use rights.
- Organizations, households, and individuals that sell, lease, lease-purchase or transfer real estate that is invested and constructed by themselves and this real estate is not for being put on market in accordance with the law.
Is it compulsory to establish an enterprise when operating real estate business in Vietnam? What are operations of real estate business in Vietnam? - image from internet
What are prohibited acts in real estate business in Vietnam in 2025?
Pursuant to Article 8 of the Law on Real Estate Business in 2023 stipulating prohibited acts in real estate business in Vietnam in 2025:
- Put the real estate that does not meet the conditions set forth in this Law on the market.
- Forge documents or deliberately falsify information on the real estate or the real estate project to be put on the market.
- Fail to disclose information on the real estate or the real estate project to be put on the market as prescribed in this Law.
- Commit fraudulent or deceitful acts in real estate business.
- Receive payment for sale or lease purchase of off-plan housing, off-plan buildings or their floor areas against the provisions of this Law; use money received from buyers or tenant-buyers of off-plan housing, off-plan buildings or their floor areas against regulations of law.
- Partially fulfill or fail to fulfill financial obligations to the State.
- Issue or use practicing certificates for real estate brokers against the provisions of this Law.
- Collect, manage or use charges, fees and other amounts related to real estate business against regulations of law.
What are operations of real estate business in Vietnam?
Pursuant to Article 3 of the Law on Real Estate Business in 2023 stipulating real estate business:
Definitions
For the purposes of this Law, the following terms shall be construed as follows:
1. “real estate business” refers to the practice of funding construction of housing or buildings or acquisition of rights to use land that already has infrastructure within real estate projects for sale or transfer; leasing, subleasing or offering lease purchase of housing or buildings; leasing or subleasing rights to use land that already has infrastructure within real estate projects; transfer real estate projects; and/or providing real estate business services for earning profits.
2. “real estate service” refers to one of the following services: real estate trading floor, real estate brokerage, real estate counseling, and real estate management.
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As regulated above, real estate business includes following operations:
- Sale or transfer;
- Leasing, subleasing or offering lease purchase of housing or buildings;
- Leasing or subleasing rights to use land that already has infrastructure within real estate projects;
- Transfer real estate projects;
- Provide real estate business services for earning profits, including:
+ Real estate trading floor;
+ Real estate brokerage;
+ Real estate counseling;
+ Real estate management.
