|
No.
|
Type of violations
|
Violation
|
Fine
|
|
1
|
Violations against regulations on real estate business
|
Failure to establish an enterprise or cooperative to engage in real estate business as regulated by law or failure to have enough legal capital as regulated by law
|
VND 50.000.000 - VND 60.000.000
|
|
Failure to publish or improperly or insufficient publishing information about real estate project or housing construction project as regulated by law
|
|
Failure to make contracts or failure to specify all required contents in contracts for real estate business; failure to make notarization or certification of contracts as regulated by law
|
|
Failure to provide information about construction progress or use of option fee as requested; failure to facilitate buyer or tenant to conduct physical inspection of the in-progress construction work
|
|
Collection of fees relating to the transfer of real estate inconsistently with regulations
|
|
Entering into a contract for sale or lease purchase of a building which is not enclosed with land use right
|
VND 60.000.000 - VND 80.000.000
|
|
Failure to notify the buyer of restrictions on ownership and right to enjoyment of building (if any)
|
|
Receiving payments from buyer or tenant of off-the-plan building inconsistently with the project progress or in excess of the prescribed percentage of the contract value as regulated by law
|
|
Trading real estate which fails to satisfy requirements for trading or is banned from trading as regulated
|
VND 250.000.000 - VND 300.000.000
|
|
Failure to trade real estate within the licensed scope of business
|
|
Failure to ensure construction progress of the real estate trading project or the housing construction project as approved by competent authority
|
|
Sale or lease purchase of off-the-plan commercial buildings without financial guarantee given by a qualified commercial bank as regulated by law
|
|
Failure to carry out procedures for issuance of certificate of land use right, ownership of house and property on land to the buyer or tenant, or failure to provide relevant documents/papers to the buyer or tenant as regulated by law
|
|
Giving authorization or delegation to a party of an investment cooperation, joint venture, association, partnership or the capital contributor to sign contracts for sale, transfer or lease purchase of real estate
|
|
Refusal to make certification without legitimate reasons or failure to make certification on the written agreement for transfer of the contract for sale or lease purchase of the off-the-plan property
|
|
Failure to comply with applicable regulations on prices for sale, transfer, lease and lease purchase of property
|
|
Failure to follow procedures for full or partial transfer of the project
|
VND 270.000.000 - VND 300.000.000
|
|
Failure to satisfy all requirements or conditions for full or partial transfer of project
|
|
Penalties prescribed in the Government's Decree on administrative penalties for violations against regulations on land shall be imposed for transfer cases where certificate of land use right is unavailable, or the land use right is in dispute or under seizure to enforce judgment, or where the transferee is not a real estate trading enterprise or is financially incapable as regulated
|
|
Transfer of houses and buildings to clients before they are finished according to the construction progress specified in the approved project, or they are not connected to the regional technical infrastructure system, or before external parts of rough-in buildings are not finished, or housing works or social infrastructure systems are not properly commissioned as regulated by law
|
|
Unlawful mobilization or appropriation of capital; using capital mobilized from organizations and individuals or option fees paid by buyer, lessee or tenant of off-the-plan property for wrong purposes
|
|
2
|
Violations against regulations on provision of real estate services
|
Failure to obtain practicing certificate or using an expired practicing certificate to provide independent real estate brokerage services
|
VND 10.000.000 - VND 15.000.000
|
|
Erasing, falsifying, borrowing or lending practicing certificate in real estate brokerage
|
|
Failure to establish an enterprise to provide real estate services as regulated by law or failure to employ enough employees who have practicing certificates in real estate brokerage as regulated by law or employing persons whose practicing certificates have expired
|
VND 30.000.000 - VND 40.000.000
|
|
Failure to prepare contracts or failure to specify all required contents in contracts for provision of real estate services as regulated by law
|
|
Failure to comply with reporting provisions applicable to enterprises providing real estate services or real estate trading floor services, or individuals providing independent real estate brokerage services
|
|
Failure to establish regulations on operation or have name and address of real estate trading floor as regulated, or failure to comply with the operating regulations approved by a competent authority
|
|
Collecting fees of real estate services other than the ones prescribed by law
|
|
Trading real estate types which fail to satisfy trading requirements on the real estate trading floor
|
VND 40.000.000 - VND 50.000.000
|
|
Failure to provide or provision of insufficient or inaccurate documents and information about the real estate to be traded through brokerage service
|
|
3
|
Violations against regulations on management and use of housing and real estate market information
|
Failure to provide or provision of inaccurate or insufficient or delayed provision of real estate market information to the agency in charge of managing the housing and real estate market database as regulated by law
|
|
|
Failure to obtain an approval from the agency in charge of managing the housing and real estate market database as regulated by law before providing housing and real estate market data provided by a competent authority for the third party
|
VND 30.000.000 - VND 40.000.000
|
|
Failure to make explanation about real estate market information upon the request of the agency in charge of managing the housing and real estate market database
|
|
Falsifying, causing damage or loss of housing information and data
|
|
Illegally obtaining or destroying or damaging housing or real estate market information or data
|
|
Obstructing the lawful collection and use of housing or real estate market information
|
|
4
|
Violations against regulations on training and improving knowledge of real estate brokerage practice, and management of real estate trading floors
|
Failure to follow the prescribed template of certificate of completion of training course
|
|
|
Failure to submit reports on each training course or periodical reports to competent authorities as regulated by law
|
VND 2.000.000 - VND 5.000.000
|
|
Failure to provide training institution’s profile for Ministry of Construction and Department of Construction of Province where such training institution’s head office is located for publishing on their websites as regulated by law
|
|
Failure to provide real estate trading floor’s profile for Ministry of Construction and Department of Construction of Province where such real estate trading floor’s head office is located for publishing on their websites as regulated by law
|
|
Failure to keep training documents or materials related to each examination as regulated by law
|
|
Failure to organize testing or examination or classification of training results for trainees as regulated by law
|
VND 10.000.000 - VND 20.000.000
|
|
Failure to obtain the approval for exam questions as regulated by law before using them in the examination for real estate broker license
|
|
Giving permission to an unqualified trainee to attend the examination for real estate broker license
|
|
Failure to promulgate the Regulation on training management or application of a training management Regulation which lacks required contents
|
|
Using teaching materials inconsistently with the framework program
|
VND 30.000.000 - VND 40.000.000
|
|
Issuance of certificates to trainees despite of failure to ensure teaching volume and training programs as regulated
|
|
Using examination fees inconsistently with regulations
|
VND 60.000.000 - VND 70.000.000
|
|
Failure to properly manage exam questions or keep them from revelation
|
|
5
|
Violations against regulations on training and improvement of professional and operational knowledge of management and operation of apartment buildings
|
Failure to have teaching diary
|
|
|
Failure to follow the prescribed template of certificate of completion of training course in management of apartment buildings
|
VND 10.000.000 - VND 20.000.000
|
|
Failure to submit reports on training activities to competent authorities as regulated
|
|
Failure to keep training documents as regulated
|
|
Using teaching materials inconsistently with the framework program
|
VND 30.000.000 - VND 40.000.000
|
|
Failure to ensure teaching volume and training programs as regulated
|
|
Failure to comply with regulations on issuance of certificate of completion of training course
|
|
Borrowing, hiring, lending or leasing legal status to carry out training activities
|
VND 50.000.000 - VND 60.000.000
|
|
Failure to obtain a certificate of eligibility to organize training courses from a competent authority before organizing training courses
|
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