Proposal: Do all investors selling, leasing, and buying off-the-plan housing have to do so through a real estate brokerage in Vietnam?

According to the draft, what does the real estate brokerage trading floor include in Vietnam?

According to Article 63 of the Draft Law on Real Estate Business (amended), content of activities of real estate brokerage trading floors includes:

- Carry out real estate purchase, sale, lease, and lease purchase transactions.

- Organize the sale, transfer, lease, sublease, and lease purchase of real estate; Introducing and checking real estate documents to ensure eligibility for transactions; List and publicly provide information about real estate eligible to be put into business for participating parties wishing to transact; acting as an intermediary for parties to exchange, negotiate and sign real estate purchase, sale, transfer, lease and lease purchase contracts.

- Provide real estate transaction information to state management agencies according to regulations.

- Real estate brokerage trading floors can operate in the form of: direct real estate brokerage trading floors; Electronic real estate brokerage trading platform.

- Confirm real estate transactions carried out through the floor according to the provisions of this Law. This confirmation serves as a basis for entities participating in transactions to declare and pay taxes to the state, register changes, and transfer property ownership and land use rights in accordance with the provisions of this Law and other relevant laws. mandarin.

- Report information about the floor's business activities to state management agencies according to regulations or upon request.

- Other activities as prescribed by law.

Proposal: Do all investors selling, leasing, and buying off-the-plan housing have to do so through a real estate brokerage in Vietnam? (Image from the Internet)

Proposal: Do all investors selling, leasing, and buying off-the-plan housing have to do so through a real estate brokerage in Vietnam?

Pursuant to Article 60 of the latest Draft Law on Real Estate Business (amended), there is a construction plan as follows:

Real estate transactions must go through a real estate brokerage trading floor

Method 1:

1. Investors sell, lease and buy houses to be formed in the future, construction works to be formed in the future; Transfer, lease, or sublease of land use rights with technical infrastructure in real estate projects must be done through a real estate brokerage transaction floor.

2. The State encourages organizations and individuals to buy, sell, and rent houses and construction works other than those specified in Clause 1 of this Article to conduct real estate transactions through real estate brokerage exchanges. assets to ensure publicity, transparency and interests of all parties.

Method 2:

1. Real estate that meets the conditions for being put into business according to the provisions of this Law but does not have a Certificate of land use rights, ownership of houses and other assets attached to land must be done through the floor. real estate transactions.

2. The State encourages organizations and individuals to buy, sell, and rent houses and construction works other than those specified in Clause 1 of this Article to conduct real estate transactions through real estate brokerage exchanges to ensure publicity, transparency and interests of all parties.

According to this Article, the draft Law on Real Estate Business (amended) has proposed that: investors who sell, lease and buy houses formed in the future or construction works formed in the future must implement through real estate brokerage trading floors.

In addition, investors who transfer, lease, or sublease land use rights with technical infrastructure in a real estate project must do so through a real estate brokerage transaction floor.

At the same time, real estate that meets the conditions for being put into business according to the provisions of this Law but does not yet have a Certificate of land use rights, ownership of houses and other assets attached to land must be approved. 

On what principles does a real estate brokerage trading floor operate in Vietnam?

Pursuant to the provisions of Article 59 of the Draft Law on Real Estate Business (amended), there is a draft of operating principles for real estate brokerage trading floors including:

- Real estate brokerage trading floors must comply with the principles specified in Article 4 on real estate business principles.

- Operations of real estate brokerage trading floors must be public, transparent and comply with the law.

- Posted information about the Real Estate Brokerage Exchange on the Housing and Real Estate Market information system.

- When signing a contract with a real estate broker, the broker must be qualified to operate under this Law.

Best regards!