From March 1, 2021, one of the conditions for real estate business is to publicize information on the enterprise's website in accordance with the provisions of Decree 02/2022/ND-CP .
Article table of contents
Information that must be published on the website of the real estate business (Artwork)
Specifically, at Point b, Clause 1, Article 4 of Decree 02/2022/ND-CP stipulating the information that must be disclosed on the enterprise's website, at the headquarters of the Project Management Board (for the real estate investment projects), at the real estate trading floor (in the case of business through the real estate trading floor), including:
- Information about the enterprise (including name, head office address, contact phone number, name of the legal representative);
- Information about real estate put into business as prescribed in Clause 2, Article 6 of the Law on Real Estate Business includes:
+ Type of real estate;
+ Location of real estate;
+ Information on planning related to real estate;
+ The size of the real estate;
+ Characteristics, properties, usability and quality of real estate; information on each type of use purpose and the common use area for real estate that is a mixed-use building, apartment building;
+ Actual situation of infrastructure works and services related to real estate;
+ Dossiers and papers on ownership of houses, construction works, land use rights and papers related to real estate investment and construction; guarantee contract, written permission to sell, lease-purchase by a competent state agency for the sale, lease-purchase of houses to be formed in the future;
+ Restrictions on ownership and right to use real estate (if any);
+ Price of real estate sale, transfer, lease, sublease, lease purchase.
- Information about mortgage of houses, construction works, real estate projects put into business (if any);
- Information on the quantity and type of real estate products being traded, the quantity and type of real estate products sold, transferred, leased and purchased, and the remaining quantity and types of products that are still being traded.
Note : For the information that has been made public in the above-mentioned regulations, which then changes, it must be updated promptly after the changes are made.
In addition to meeting the conditions for disclosure of information mentioned above, organizations and individuals doing real estate business must satisfy other conditions specified in Article 4 of Decree 02/2022 as follows:
- Must establish an enterprise in accordance with the law on enterprises or a cooperative in accordance with the law on cooperatives, having a business in real estate.
- Only trade in real estate that fully meets the conditions specified in Article 9, Article 55 of the Law on Real Estate Business .
- In case an investor is selected to be the investor of a real estate project according to the provisions of law, such investor must have an equity capital of not less than 20% of the total investment capital for the project. having a land use scale of less than 20 hectares, not less than 15% of the total investment capital, for projects with a land use scale of 20 hectares or more.
The determination of equity is based on the results of the most recent audited financial statements or the results of independent audit reports of the operating enterprise (made in the year or the preceding year). ; In the case of a newly established enterprise, the equity capital shall be determined according to the actual contributed charter capital in accordance with law.
(Compared to the current one, Decree 02/2022 has removed the condition that the legal capital must not be lower than 20 billion VND).
Thus, from March 1, 2022, a real estate business enterprise must disclose information as prescribed, and at the same time must meet the conditions on equity in case the investor is selected. Real estate project investor.
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