When do houses and construction be put on the market in Vietnam? What do types of real estate trading agreement include in Vietnam?

What are procedures for granting a real estate broker license in Vietnam?

I work in the real estate brokerage field. To serve my work needs, I have questions and hope to receive guidance from you. Please ask, what current procedures for granting real estate broker licenses are? Sincerely thank

Answer: Legal basis: the Real Estate Business Law 2014 and Circular 11/2015/TT-BXD.

1. Conditions:

 An individual shall be granted broker license if they:

a) Have full capacity for civil acts;

b) Obtain at least upper-secondary graduation degree;

c) Have passed examination in real estate brokerage knowledge.

+ Taking at least 70 marks of fundamental knowledge (out of 100);

+ Taking at least 70 marks of professional knowledge (out of 100);

2. Document components:

- 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).

3. Implementation sequence:

a) 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;

b) 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).

c) 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.

d) The construction department shall retain records of the license holders as stipulated in Clause 2 Article 14 of this Circular.

4. Issuing authority: Department of Construction.

5. Processing time: 10 working days from the date of receipt of complete and valid documents.

6. Fee: 200,000 VND/CCHN.

7. Certificate validity: 05 years.

To get information about conditions, standards, documents, and procedures for applying for other practicing certificates, please look up at: Practicing certificates.

When do houses and construction be put on the market in Vietnam? What do types of real estate trading agreement include in Vietnam? (Image from the Internet)

When do houses and construction be put on the market in Vietnam?

Please ask the following question: When do houses and construction be put on the market in Vietnam? Is this issue mentioned in any legal documents? Hope to receive a response soon. Thank you!

Answer: Houses and construction projects are one of the types of real estate put into business.

According to Clause 1, Article 9 of the Real Estate Business Law 2014, there are regulations on requirements in terms of real estate to be put on the market as follows:

1. A building to be put on the market shall satisfy the following requirements:

a) The ownership of the building on land is registered in the Certificate of land use right (hereinafter referred to as Certificate of land). Regarding an off-the-plan building in the real estate project, it is only required to have the Certificate of land as prescribed in regulations of law on land.

b) There is no dispute about the land and ownership of the building on land.

c) The building is not distrained.

Above is answer to conditions for houses and construction projects to be put on the market in Vietnam.

What do types of real estate trading agreement include in Vietnam? 

Please ask, according to current law, what do types of real estate trading agreement include?

Answer: Types of real estate business contracts include contracts specified in Clause 1, Article 17 of the Real Estate Business Law 2014, specifically as follows:

1. Types of real estate trading agreement:

a) Building sale agreement;

b) Building rent agreement;

c) Lease purchase agreement;

d) Land transfer, lease, and sublease agreement;

dd) Agreement on transfer of all or a portion of real estate project.

We respond to you!

Best regards!