Regulations on the Examination Council for issuance of real estate brokerage practice certificates in Vietnam

Regulations on the Examination Council for issuance of real estate brokerage practice certificates in Vietnam​ (Image from the Internet)

1. Regulations on the Examination Council for issuance of real estate brokerage practice certificates in Vietnam

According to Article 20 of Decree 96/2024/ND-CP, regulations concerning the Examination Council for issuance of real estate brokerage practice certificates (abbreviated as the Examination Council) are as follows:

- The Examination Council is established by a decision of the Chairman of the provincial People's Committee for each examination session. The board consists of five or more members, including:

+ The Chairman of the Examination Council is a leader of the provincial People's Committee;

+ The Vice Chairman of the Examination Council is a leader of the state management agency on real estate business at the provincial level;

+ Members of the Examination Council are nominated by the leader of the state management agency on real estate business at the provincial level, including: a representative from the provincial state management agency on real estate business; a representative of the Real Estate Association (if any), a representative of the Real Estate Brokerage Association (if any), lecturers from educational institutions with the function of training real estate brokerage practice knowledge (if any); real estate brokerage experts from real estate service businesses, real estate exchanges (if any) or other experts (if any).

- The Examination Council is responsible for directing and urging the organization of the examination session according to plans and legal regulations.

- Powers and responsibilities of the Chairman of the Examination Council:

+ Submit the examination organization plan, exam regulations, exam questions, and answers to the provincial People's Committee for approval;

+ Review budget estimates for the examination session and examination fee levels from candidates and submit them to the Chairman of the provincial People's Committee for approval;

+ Approve examination results, including lists of candidates who meet and do not meet the requirements;

+ Report the examination process to the Chairman of the provincial People's Committee;

+ Directly lead the examination process and be responsible to the Chairman of the provincial People's Committee and the law for the examination organization results;

+ Approve final settlements of examination session finances.

- Members of the Examination Council must directly participate in all activities of the exam, abide by the job assignments from the Chairman of the Examination Council, receive allowances, and are responsible to the Chairman of the Examination Council for assigned tasks.

2. Regulations on the organization of the examination and issuance of real estate brokerage practice certificates in Vietnam

According to Article 19 of Decree 96/2024/ND-CP, regulations on organizing the examination and issuance of real estate brokerage practice certificates are as follows:

- The provincial People's Committees, directly under the central government (hereinafter referred to as the provincial People's Committee) are responsible for organizing the examination (abbreviated as the exam) and issuing certificates.

- The provincial state management agency on real estate business receives the registration forms for the examination from candidates (according to the form in Appendix XXI issued with Decree 96/2024/ND-CP) and submits a proposal for examination participation to the provincial People's Committee. The provincial People's Committee organizes the examination based on the number of registered candidates and the actual situation.

- Each year, the provincial People's Committee is responsible for organizing at least one exam, depending on the number of registered candidates (one session must have a minimum of 10 candidates).

In case there are not enough candidates to organize an examination (below 10 candidates), and the candidates have a need to take the exam at the Examination Council of another locality, the provincial People's Committee sends an official letter about the candidate to the People's Committee of a different province or city for the candidate to take the exam.

- At least 30 days before the examination is organized, the provincial People's Committee has the responsibility to announce on the electronic information portal of the provincial People's Committee about the examination plan, conditions, registration documents, time, venue, and other necessary information related to the examination.

- Examination fees:

+ Candidates must submit examination fees to the provincial People's Committee or as per the announcement of the provincial People's Committee;

+ Examination fees are set by the Chairman of the provincial People's Committee for each examination session, depending on the number of registered candidates, to cover the organization costs, based on the proposal of the Chairman of the Examination Council;

+ The Examination Council can use the examination fees for organization activities, and allowances for its members. The financial settlement of examination expenses must be approved by the Chairman of the Examination Council.

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