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GOVERNMENT OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 96/2024/ND-CP
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Hanoi, July 24,
2024
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DECREE
ELABORATING CERTAIN
ARTICLES OF THE LAW ON REAL ESTATE BUSINESS
Pursuant to the Law on Government Organization
dated June 19, 2015 and the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Law on Real Property Business
dated November 28, 2023;
Pursuant to the Law on Amendments to certain
Articles of Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Law on
Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No.
32/2024/QH15 dated June 29, 2024;
At the request of the Minister of Construction;
The Government hereby promulgates a Decree
elaborating certain Articles of the Law on Real Estate Business.
Chapter I
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Article 1. Scope
This Decree elaborates certain Articles of the Law
on Real Estate Business dated November 28, 2023 (hereinafter referred to as
"Law on Real Estate Business”), including:
1. Clause 2 and clause 3 of Article 5 on buildings
used for education, healthcare, sports, culture, office, trade, service
provision, tourism, accommodation or industrial purpose, and multipurpose
buildings; on floor areas of the buildings. <0}
2. Article 6 on disclosure of information on real
estate and real estate projects to be put on market.
3. Point b and point c clause 2, clause 3 and
clause 4 of Article 9 on ratios of outstanding credit balance and outstanding
bonds to the equity of a real estate enterprise; equity of a real estate
enterprise; small-scale real estate business.
4. Clause 4 of Article 24 on notifying to the
relevant provincial authority in charge of state management in terms of real
estate business (hereinafter referred to as "provincial real estate
authority”) of the conclusion that the housing is qualified for sale or lease
purchase of the project developer.
5. Clause 7 of Article 31 on notifying to the
relevant provincial real estate authority of the project developer’s rights to
use land with existing technical infrastructure thereon within a real estate
project that have met relevant conditions for transfer.
6. Article 42 on procedures for transfer of entire
or partial real estate project.
7. Clause 1 Article 44 on types of standard form
contracts used in real estate business.
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9. Clause 3 of Article 54 on the requirement that a
real estate trading floor must submit an application for an operating license
to the real estate authority of the province where the trading floor is to be
headquartered before operating it.
10. Article 55 on conditions for operating real
estate trading floors.
11. Article 56 on operations of real estate trading
floors.
12. Article 60 on managing operations of real
estate trading floors.
13. Point b clause 1 of Article 61 on material and
technical facilities that any organization or individual that wishes to provide
real estate brokerage services must have.
14. Clause 3 of Article 70 on organization of exams
and issuance of practicing certificate for real estate brokers.
15. Clause 1 of Article 79 on the authority of the
Ministry of Construction to play the leading role and cooperate with
Ministries, ministerial agencies, and provincial People's Committees in
studying and proposing methods for regulating the real estate market as
prescribed in Article 78 of the Law on Real Estate Business.
16. Foreign organizations, foreigners, and overseas
Vietnamese that are not Vietnamese citizens are entitled to lease housing in
accordance with regulations of the Housing Law.
Article 2. Regulated entities
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2. Other authorities, organizations and individuals
involved in real estate business in Vietnam.
Chapter II
EXISTING REAL ESTATE BUSINESS
AND OFF-PLAN REAL ESTATE BUSINESS
Article 3. Types of buildings, floor areas of
buildings put on market
1. Existing buildings and off-plan buildings put on
market specified in clause 2 Article 5 of the Law on Real Estate Business shall
be classified according to regulations of law on construction.
2. Floor areas of buildings put on market include:
a) Floor areas used for commercial purposes,
including: commercial spaces, commercial lot and floor areas serving commercial
purposes under other names;
b) Floor areas used for office purposes, including:
offices, offices combined with accommodation and floor areas used for office
purposes under other names;
c) Floor areas used for tourism and accommodation
purposes, including: tourist apartments, accommodation apartments and floor
areas used for tourism and accommodation purposes under other names;
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Article 4. Disclosure of information on real
estate and real estate projects to be put on market
1. Time to disclose information: A real estate
enterprise, before signing a contract for sale, transfer, lease, or lease
purchase of real estate, or transfer of a real estate project, is responsible
for fully disclosing information as prescribed in Article 6 of the Law on Real
Estate Business.
2. The public information shall comply with the
provisions of Clause 2, Clause 3, Clause 4 and Clause 5, Article 6 of the Law
on Real Estate Business; The information in Point c Clause 2 and Points b and d
Clause 3 Article 6 of the Law on Real Estate Business is the following
documents:
a) Decision to approve the detailed planning or
decision to approve the detailed planning under abridged procedures of a real
estate project by a competent regulatory agency according to laws on
construction and urban planning;
b) Notification of the results of appraisal of the
construction investment feasibility study report or notification of the results
of basic design appraisal by a competent regulatory agency according to
construction laws;
c) Written commitment to issue guarantees specified
in Clause 2, Article 26 of the Law on Real Estate Business by a domestic
commercial bank or a foreign bank branch legally operating in Vietnam.
3. Methods and forms of information disclosure: The
real estate enterprise must fully, honestly and accurately disclose information
on a housing and real estate market information system in accordance with real
estate business laws and on the enterprise’s website.
4. The disclosure of information on the housing and
real estate market information system shall comply with the provisions of the
Decree elaborating certain articles of the Law on Real Estate Business in terms
of building and managing the information systems and databases on housing and
real estate market.
5. The real estate enterprise is responsible for
updating the disclosed information within 05 working days from the date on
which the information is changed.
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1. A real estate enterprise shall, based on the
equity, investment and business plans, decide to apply for a loan from credit
institutions, issue corporate bonds as well as the ratio of outstanding credit
balance and outstanding bonds to the equity of the enterprise which must meet
the following requirements:
a) It must satisfy the prudential financial ratios
of the enterprise; comply with credit laws and corporate bond laws;
b) If the real estate enterprise applies for a loan
from a credit institution or issues corporate bonds to execute a real estate
project in which the enterprise has been approved by a competent regulatory
agency to be an investor, the total outstanding debt of the loan granted by the
credit institution, outstanding corporate bonds and the required equity for
each project must not exceed 100% of the total investment of that project;
c) The total ratio of outstanding debt of the loan
granted by the credit institution and outstanding corporate bonds for the
project execution must not exceed 04 times the equity of the enterprise if the
real estate project has a land use area of less than 20 hectares, and not
exceed 5,67 times the equity of the enterprise if the real estate project has a
land use area of 20 hectares or higher.
2. The equity of the real estate enterprise shall
be determined as prescribed in clause 1 Article 6 of this Decree.
Article 6. Equity of real estate enterprises and
total investment of real estate projects
1. The equity of a real estate enterprise shall, in
case the real estate enterprise is chosen by a competent regulatory agency as
an investor or chosen as a project developer executing a real estate project
according to investment laws and auction laws; bidding laws, housing laws,
urban development laws; recognized as a housing project developer according to
housing laws, be determined on the basis of:
a) Results of the financial statement or another
report in terms of the equity that has been audited during the year; In case
there is no financial statement or equity report that has been audited during
the year, the financial statement or equity report that was audited in the
previous year shall be used according to enterprise laws, auditing laws,
accounting laws;
b) The charter capital that has been contributed
under enterprise laws, if the enterprise is established and has been operating
for less than 12 months.
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Article 7. Small-scale real estate business;
non-commercial real estate business and ultra-small scale real estate business
1. An individual that wishes to do small-scall real
estate business must meet the following requirements:
a) He/she does not fall under the case where an
investment project is required to be set up according to construction laws and
housing laws;
b) The value of a contract does not exceed 300
billion VND and the number of transactions per year does not exceed 10. In case
of 01 transaction per year, the value is not calculated.
2. An organization or individual that sells
housing, building or its floor area for non-commercial purposes or conducts
sale, lease or lease purchase of housing, building or its floor area of an
ultra-small scale shall be:
a) An individual that does not fall under the case
where an investment project is required to be set up according to construction
laws and housing laws;
b) An organization that does not fall under the
case where the value of a contract exceeds 300 billion VND and the number of
transactions per year exceeds 10. In case of 01 transaction per year, the value
is not calculated.
Article 8. Procedures for notifying that
off-plan housing meets conditions for sale or lease purchase
1. Before signing a contract for sale or lease
purchase of off-plan housing, the project developer must send a written
notification to a real estate authority of a province where the project is
carried out of the conclusion that the off-plan housing meets conditions for
sale or lease purchase, enclosed with 01 application specified in Clause 2 of
this Article.
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2. The application includes copies and their
originals which are required to be presented for comparison with the copies or
valid electronic copies or certified true electronic copies of the following
documents:
a) The documents as specified in clause 2 and
points a and b clause 3 Article 24 of the Law on Real Estate Business;
b) A record of acceptance of completion of the
project's technical infrastructure corresponding to the project schedule that
is approved according to construction laws.
In the case of an apartment building or a mixed-use
building with housing, a record of acceptance of completion of foundation
according to construction laws.
3. In case the project developer of an investment
project for housing construction has mortgaged an off-plan house or part or all
of the project as collateral, the determination of the house to which a release
of mortgage has been granted shall comply with the provisions of Clause 2 Article
183 of Housing Law No. 27/2023/QH15.
4. Within 15 days from the date on which the
notification enclosed with the application specified in clause 1 and clause 2
of this Article is received, the provincial real estate authority shall inspect
conditions of the off-plan house of the real estate project put on market
according to the provisions of the Law on Real Estate Business and respond in
writing that the house is qualified for sale or lease purchase to the project
developer; or provide explanation if conditions for sale or lease purchase are
not met; and post the written response on the web portal on housing and real
estate market. The written response of the provincial real estate authority
must contain the contents specified in Appendix XVI enclosed with this Decree.
If the provincial real estate authority does not
respond within the prescribed period, the enterprise is entitled to file a
lawsuit or lodge a complaint as prescribed by law.
Article 9. Procedures for notifying that land
with existing technical infrastructure thereon within a real estate project
meets relevant conditions for transfer to individuals for building their own
housing
1. Before signing a contract for transfer of the
rights to use land with existing technical infrastructure thereon within a real
estate project to an individual for building their own housing, the project
developer shall send a written notification that such land meets conditions for
transfer of LURs to the individual for building their own housing enclosed with
the application specified in clause 2 of this Article to the real estate
authority of the province where the project is carried out.
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a) Investment guideline decision or investment
guideline approval or investment approval of the real estate project by a
competent regulatory agency as prescribed by laws on investment, construction
and housing;
b) Decision to approve the detailed planning or
decision to approve the detailed planning under abridged procedures of the real
estate project by a competent regulatory agency according to laws on
construction and urban planning;
c) Building permit, if a building permit by a
competent regulatory agency is required according to construction laws;
d) Notification of the results of appraisal of the
construction investment feasibility study report or notification of the results
of basic design appraisal by the competent regulatory agency in accordance with
construction laws;
dd) Documents concerning acceptance of completion
of technical infrastructure as stipulated by construction laws;
e) Contract for providing electricity supply, water
supply, drainage, waste collection, or wastewater treatment services;
g) Certificate of the rights to use the land area
with existing technical infrastructure thereon within the real estate project
that are transferred to the individual for building their own housing as
stipulated by land laws.
3. Within 15 days from the date on which the
written notification enclosed with the application specified in clause 1 and
clause 2 of this Article is received, the provincial real estate authority
shall inspect whether the land with existing technical infrastructure thereon
within the real estate project meets conditions for transfer of LURs to the
individual for building their own housing as stipulated by the Law on Real
Estate Business and send a written response that the land meets conditions for
transfer to the project developer, and provide explanation in case the
conditions are not met; and post the written response on the web portal on housing
and real estate market.
If the provincial real estate authority does not
respond within the prescribed period, the enterprise is entitled to file a
lawsuit or lodge a complaint as prescribed by law.
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PROCEDURES FOR TRANSFER OF
REAL ESTATE PROJECTS
Article 10. Procedures for transfer of all or
part of real estate projects within the Prime Minister’s jurisdiction
1. The transfer of all or part of a real estate
project within the Prime Minister’s jurisdiction shall comply with the
provisions of clause 1 Article 42 of the Law on Real Estate Business.
2. The project developer shall submit 01
application, including copies and their originals which are required to be
presented for comparison with the copies or valid electronic copies or
certified true electronic copies of the documents specified in clause 3 and
clause 4 of this Article to the People’s Committee of the province where the
project is carried out or the provincial real estate authority authorized by
the provincial People’s Committee.
3. Documents of the project developer making a
transfer of the project:
a) The project developer's written request for
permission to transfer all or part of the real estate project using the form in
Appendix XII enclosed herewith;
b) Investment guideline decision or investment
guideline approval or investment approval of the real estate project by a
competent regulatory agency as prescribed by laws on investment, construction
and housing;
c) Documents issued by competent regulatory
agencies on investor selection and project developer selection as stipulated by
laws on investment, auctions, bidding, housing and urban development; project
developer decision or approval in case procedures for project developer
recognition must be followed in accordance with laws on construction and
housing;
d) Decision to approve the detailed planning or
decision to approve the detailed planning under abridged procedures of the real
estate project by a competent regulatory agency according to laws on
construction and urban planning;
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e) In case the entire or partial real estate
project is mortgaged, there must be documents showing that the mortgage has
been released according to the provisions of law;
g) Documents showing the acceptance as stipulated
by constructions laws of completion of technical infrastructure corresponding
to the project schedule, design, detailed planning and project content that
have been approved in case the entire investment project to build
infrastructure is transferred;
h) Confirmation by a tax authority of the fact that
the project developer has fulfilled financial obligations relating to land of
the project to the State and receipts showing that the project developer has
paid fees and charges related to land (if any) specified in clause 3 Article 40
of the Law on Real Estate Business;
i) Regarding a state-owned enterprise that
transfers the entire or partial real estate project, it is required to have documents
proving the compliance with laws on management and use of state capital
invested in production and business at the enterprise;
k) Report on the real estate project execution up
to the time of transfer using the form in Appendix XIII enclosed herewith;
l) Agreement on transfer of the entire or partial
real estate project between the transferor and the transferee (if any).
4. Documents of the transferee include:
a) Enterprise registration certificate or
investment registration certificate or documents proving the establishment in
accordance with enterprise laws and investment laws;
b) Financial statement as prescribed in Point a,
Clause 1, Article 6 of this Decree;
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d) Documents proving compliance with the conditions
prescribed in clause 5 Article 40 of the Law on Real Estate Business.
5. Within 45 days from the date of receipt of the
valid application, the Provincial People's Committee shall have a consultation
with the Ministry of Construction and relevant ministries, central authorities
and agencies and organize the appraisal of the application for transfer
according to the provisions of Clause 9 of this Article and submit the
application to the Prime Minister for consideration and decision. The decision
to grant permission for transfer shall be made using the form in Appendix XIV
enclosed herewith.
Where the Prime Minister grants authorization to
the provincial People’s Committee, the provincial People’s Committee shall,
based on the opinions of the ministries and central authorities, consider
making a decision to grant permission for transfer of the partial project.
6. Within 60 days from the date on which the
decision to grant permission for transfer of the entire or partial real estate
project is issued by a competent authority, the transferor and the transferee
must complete:
a) the conclusion of the contract for transfer
using the form in Appendix IX or Appendix X enclosed herewith. The contract for
transfer of the entire or partial project is also the contract for disposition
of rights to use land within the entire or partial project that is transferred,
but where the land is leased with annual land rent payments, the disposition of
LURs shall comply with land laws;
b) the handover of the entire or partial project
that is transferred and the entire project dossier, and the partial project
that is transferred from the transferor to the transferee; the handover between
the transferor and transferee must be made in writing.
After 60 days, if the parties fail to complete the
tasks specified in this clause and are not granted an extension by an authority
competent to issue the decision to grant permission for transfer of the entire
or partial real estate project, this decision will be invalid.
7. The transferee may carry on executing the entire
or partial project after receiving it by handover and fulfilling the obligation
to pay taxes, fees, and charges (if any).
8. The transferor and transferee of the entire or
partial real estate project are responsible for following land registration
procedures according to the provisions of land law.
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If the transferee that is a foreign-invested
business organization as prescribed in Clause 4, Article 10 of the Law on Real
Estate Business has the entire or partial real estate project that is
transferred in the following areas: island; border communes, wards and
commune-level towns; coastal communes, wards, commune-level towns and other
areas that affect national defense and security according to the provisions of
law on national defense and security, the People's Committee of the province
where the project is carried out must consult with the Ministry of National
Defense and the Ministry of Public Security on the assurance about national
defense and security.
Article 11. Procedures for transfer of the
entire or partial real estate projects within the provincial People’s
Committees’ jurisdiction
1. The transfer of the entire or partial real
estate project within the provincial People’s Committee’s jurisdiction shall
comply with the provisions of clause 2 Article 42 of the Law on Real Estate
Business.
2. The project developer shall submit 01
application, including copies and their originals which are required to be
presented for comparison with the copies or valid electronic copies or
certified true electronic copies of the documents specified in clause 3 and
clause 4 Article 10 of this Decree to the provincial People’s Committee or the
provincial real estate authority authorized by the provincial People’s
Committee.
3. Within 30 days from the date of receipt of the
valid application, the Provincial People's Committee shall have a consultation
with relevant authorities of the province and organize the appraisal of the
application for transfer according to the provisions of Clause 5 of this
Article and consider making a decision. The decision to grant permission for
transfer shall be made using the form in Appendix XIV enclosed herewith.
In case the provincial real estate authority is
authorized by the provincial People’s Committee, within 30 days from the date
of receipt of the valid application, the provincial real estate authority shall
consult with relevant authorities of the province and organize the appraisal of
the application for transfer according to the provisions of Clause 5 of this
Article and submit the application to the provincial People’s Committee to
consider making a decision.
4. The consultation on and appraisal of the
application and decision to grant permission for transfer of the entire or
partial real estate project shall comply with the provisions of clause 3 of
this Article.
5. Within 15 days from the date of receipt of the
document and survey dossier from the Provincial People's Committee or the
provincial real estate authority, the surveyed agencies shall give their
opinions on the assigned content under the state management with regard to the
contents specified in Article 4, Article 39 and Article 40 of the Law on Real
Estate Business.
If the transferee that is a foreign-invested
business organization as prescribed in Clause 4, Article 10 of the Law on Real
Estate Business has the entire or partial real estate project that is
transferred in the following areas: island; border communes, wards and
commune-level towns; coastal communes, wards, commune-level towns and other
areas that affect national defense and security according to the provisions of
law on national defense and security, the People's Committee of the province
where the project is carried out must consult with the Ministry of National
Defense and the Ministry of Public Security on the assurance about national
defense and security.
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Chapter IV
REAL ESTATE BUSINESS
CONTRACTS
Article 12. Types of real estate business
contracts
1. The real estate business contracts specified in
Clause 1, Article 44 of the Law on Real Estate Business must be entered into
and signed in accordance with the provisions of Clauses 2 and 3 of this
Article.
2. Standard form contracts used in real estate
business stipulated herein include:
a) Housing sale and purchase contract, housing
lease purchase contract, using the form in Appendix I enclosed herewith;
b) Housing lease contract, using the form in
Appendix II enclosed herewith;
c) Contract for sale and purchase or lease purchase
of building used for tourism or accommodation purpose or its floor area, using
the form in Appendix III enclosed herewith;
d) Contract for lease of building used for tourism
or accommodation purpose, or its floor area, using the form in Appendix IV
enclosed herewith;
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e) Contract for lease of building used for
education, healthcare, sports, culture, office, trade, service provision or
industrial purpose, or multipurpose building or its floor area, using the form
in Appendix VI enclosed herewith;
g) Contract for transfer of rights to use land with
existing technical infrastructure thereon within real estate project, using the
form in Appendix VII enclosed herewith;
h) Contract for lease or sublease of rights to use
land with existing technical infrastructure thereon within real estate project,
using the form in Appendix VIII enclosed herewith;
i) Contract for transfer of the entire real estate
project, using the form in Appendix IX enclosed herewith;
k) Contract for transfer of the partial real estate
project, using the form in Appendix X enclosed herewith;
l) Contract for transfer of contract for sale and
purchase or lease purchase of housing or building, using the form in Appendix
XI enclosed herewith.
3. A real estate enterprise, when drawing up,
signing and executing a standard form contract used in real estate business,
must comply with the following rules:
a) It may only use the standard form contract after
it is disclosed according to the provisions of Article 6 of the Law on Real
Estate Business;
b) It must observe the inspection and supervision
of the authority competent to manage real estate business in terms of
implementation of regulations and rules on disclosure, use, creation,
conclusion and execution of the standard form contract in real estate business
according to the provisions of law on real estate business;
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d) Any revision to the real estate contract that
has been disclosed must also be disclosed in accordance with the provisions of
Article 4 of this Decree before the contract is signed;
dd) In case a content of the real estate business
contract signed by the enterprise with customers is inconsistent with the
standard form contract, or not different from the standard form contract that
was disclosed according to the provisions herein, or fails to comply with the
rules specified in Clause 3 of this Article, the enterprise shall be handled in
accordance with relevant laws and provide compensations for damage incurred by
customers who have signed the contract due to the enterprise’s violations. Any
dispute shall be resolved on the basis of the provisions of the Civil Code and
relevant laws.
4. If the real estate business contract is signed
according to real estate business laws through an electronic transaction and
using digital signatures, electronic transaction laws shall be applied.
Article 13. Procedures and documentation
requirements for transfer of real estate business contracts
1. The transfer of a real estate business contract
shall comply with the provisions of the Law on Real Estate Business and this
Decree.
2. Procedures and documentation requirements for
transfer of the real estate business contract:
a) The transferor and the transferee reach an
agreement on drawing up a contract for transfer of contract using the form in
Appendix XI enclosed with this Decree.
The contract for transfer of contract must be
executed in 08 originals (02 of which shall be kept by the project developer,
01 of which shall be submitted to a tax authority, 01 of which shall be
submitted to the authority receiving the application for certificate, 02 of
which shall be kept by the transferor, 02 of which shall be kept by the
transferee); in case of notarizing the contract for transfer of contract, there
must be 01 additional original to be kept at the notary practice organization;
b) One of the parties submits an application to a
notary practice organization headquartered in the province or
central-affiliated city to which the real estate belongs for certifying the
contract for transfer of contract. The application to be notarized includes:
Originals of the contract for transfer of contract; original of the first
contract signed with the project developer, or original contract or appendices
showing the transferred housing or building of the contract that has been
signed with the project developer (in case of transferring one or several
houses or buildings in the total houses and buildings that have been held under
purchase or lease purchase contracts); documents proving the amount of money
the transferor has paid to the project developer; original or certified true
copy of the record of handover of housing and construction (if any) and other
documents (if any) according to the provisions of law on notarization and
authentication.
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c) After notarizing (excluding cases where the
contract is not notarized) according to the provisions of point b of this
clause, the transferor shall pay taxes, fees and charges related to the
contract transfer in accordance with provisions of law on taxes, fees and
charges;
d) After implementing the provisions of point c of
this clause, one of the parties shall submit an application to the project
developer for confirming the contract transfer; documents of the application
include: 08 originals of the contract for transfer of contract enclosed with
the original of the contract being transferred; or original contract or
appendices showing the transferred housing or building of the contract that has
been signed with the project developer (in case of transferring one or several
houses or buildings in the total houses and buildings that have been held under
purchase or lease purchase contracts); documents proving the payment or
exemption or reduction of taxes in accordance with tax laws;
dd) Within 05 working days from the date of receipt
of adequate documents as specified in point d of this clause, the real estate
project developer shall inspect and confirm the contract for transfer of
contract and not collect any fee. After confirming the contract for transfer of
contract, the project developer retains 02 original contracts for transfer of
contract and returns 06 original contracts for transfer of contract to the
submitting party along with the documents received according to the provisions
in point d of this clause;
e) From the date on which the contract for transfer
of contract is confirmed by the project developer, the transferee shall carry
on exercising the rights and obligations of the buyer or the tenant-buyer
towards the project developer under the signed contract and contract for
transfer of contract;
g) From the second contract transfer onwards, the
transfer shall be made under the procedures prescribed in this Article, and the
transferor shall submit adequate dossiers of the previous transfers when
following procedures for transfer;
h) The transferee in the contract for transfer of
the final signed contract according to the provisions of this Article shall be
granted a certificate by a competent regulatory authority in accordance with
the provisions of land law.
Chapter V
REAL ESTATE SERVICES
Section 1. real
estate trading floor
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1. Any organization or individual wishes to
establish a real estate trading floor shall submit an application as prescribed
in Clause 2 of this Article to the real estate authority of the province where
the real estate trading floor is to be headquartered in person or via postal
system or online to be granted an operating license.
2. The application for registration includes:
a) An application for registration of the real
estate trading floor (using the form in Appendix XVII);
b) A certificate of enterprise registration as
prescribed by clause 5 Article 9 of the Law on Real Estate Business;
c) Documents proving rights to use the headquarters
of the real estate trading floor;
d) Copy of the certificate of completion of
training course in management and operation of real estate trading floor of the
manager or operator of the real estate trading floor;
dd) List of real estate brokers who have been
granted practicing certificates for real estate brokers.
3. Within 15 working days from the date of receipt
of adequate application, the provincial real estate authority shall check the
application and grant an operating license to the real estate trading floor
(using the form in Appendix XVIII); in case the application is rejected, a
written notification with explanation for the rejection must be provided. After
granting the operating license, the provincial real estate authority shall send
a report to the Ministry of Construction for posting the information of the
real estate trading floor on the web portal of the Ministry of Construction.
Information of the real estate trading floor includes: Name of the real estate
trading floor; name of enterprise establishing the real estate trading floor;
full name of the manager or operator of the real estate trading floor; address
and phone number of the real estate trading floor. If the name, headquarters’ address,
legal representative, or another content in the application for registration is
changed, within 10 working days from the date on which the decision on change
is issued, the real estate trading floor must send a written request for
reissuance of the certificate of registration to the real estate authority of
the province where the real estate trading floor is registered
Article 15. Conditions for operating real estate
trading floors
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2. The enterprise's legal representative and the
real estate trading floor’s manager or operator must be responsible for the
operations of the real estate trading floor. The enterprise's legal
representative may be also the real estate trading floor’s manager or operator.
3. The real estate trading floor must have a
specific name and address, and have been continuously operating for more than
12 months, and have technical equipment that meets the requirements according
to the operations of the real estate trading floor.
4. The real estate trading floor is responsible for
implementing anti-money laundering measures and submitting reports on
anti-money laundering in accordance with anti-money laundering laws.
Article 16. Operations of real estate trading
floors
1. A real estate trading floor shall be operated
according to the contents specified in Article 56 of the Law on Real Estate
Business.
2. The conduction of real estate transactions shall
be certified as follows:
a) Real estate transactions conducted directly
shall be certified in writing. If a real estate transaction is conducted
through an electronic form, the electronic certification shall be made in
accordance with the provisions of the Law on Electronic Transactions,
e-commerce laws and relevant laws;
b) The written certification of real estate transaction
must contain signatures of the enterprise representative that is the project
developer or real estate owner, representative of the real estate trading floor
and individual broker, and the enterprise's seal matching with to the
transaction method.
Article 17. Managing operations of real estate
trading floors
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2. Issue licenses in accordance with the provisions
of Article 14 of this Decree.
3. Reissue licenses to operate real estate trading
floors:
a) A provincial real estate authority shall reissue
an operating license in case the license is lost, torn, burned, or destroyed in
other forms by request of a real estate trading floor or the information of the
floor is changed according to the provisions of Clause 3, Article 14 of this
Decree;
b) The real estate trading floor must submit an
application to the real estate authority of the province where the operating
license is issued in person or via postal system or online for reissuance of
the operating license. The application for reissuance of the operating license
includes: A written request for reissuance of the operating license (using the
form in Appendix XIX); the operating license (if it is destroyed);
c) The provincial real estate authority, after
receiving the valid application, shall check the application and reissue the
operating license (using the form in Appendix XX) within 05 working days. The
license number of the reissued operating license shall also be the license
number of the original license to remain linking the application and data.
In case of rejection of reissuance, the provincial
real estate authority shall have a written notification with explanation for
the rejection.
4. Revoke licenses or terminate operations of real
estate trading floors
A provincial real estate authority shall issue a
decision to revoke a license, terminate operations of a real estate trading
floor in the following cases:
a) The real estate trading floor violates the
provisions in Article 8 of the Law on Real Estate Business and relevant laws.
Within 07 working days from the date on which the operating license is revoked,
the provincial real estate authority shall send a written notification of the
revocation of the operating license to the Ministry of Construction and the tax
authority in the province where the real estate trading floor is registered.
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b) If the real estate trading floor undergoes
self-termination of its operations, within 30 days to the scheduled date on
which the floor’s operation is terminated, the real estate trading floor must
send a written notice to the real estate authority and the tax authority in the
province where the real estate trading floor is registered. Within 07 working
days from the date on which the written notice of termination of operations of
the real estate trading floor is received, the provincial real estate authority
shall notify in writing to the Ministry of Construction.
Before the date of termination of operation, the
real estate trading floor must fully pay the outstanding tax amount; complete
payment of other debts; complete procedures for terminating contracts signed
with employees of the real estate trading floor; complete service contracts signed
with customers. If the real estate trading floor cannot completely execute
service contracts signed with customers, it must reach agreements on execution
of such service contracts with the customers.
5. Suspend operations of real estate trading floors
a) A provincial real estate authority shall issue a
decision to suspend operations of a real estate trading floor in case the real
estate trading floor fails to meet conditions for operation according to
provisions of law or the floor undergoes self-suspension of its operations;
b) In case the real estate trading floor undergoes
self-suspension of its operations, the floor must send a written report on
suspension and resumption of its operations to the real estate authority of the
province, tax authorities and statistical authorities in the area where the
real estate trading floor is registered and the area where the real estate
trading floor is headquartered within 10 working days from the date of
suspension or resumption. The suspension period must be within 02 years;
c) Within 07 working days from the date on which
the decision to suspend operations of the real estate trading floor, the
provincial real estate authority shall send a written notice of suspension of
operations of the real estate trading floor to the Ministry of Construction and
the tax authority in the area where the real estate trading floor is
registered;
d) The report on suspension of operations of the
floor includes the following main contents: Name of the real estate trading
floor; number, date of issuance of the operating license; headquarters address;
suspension period, start date and end date of the suspension period; reason for
suspension of operations; report on debt payment, settlement of service
contracts with customers and contracts signed with brokers and employees
working at the real estate trading floor.
dd) During the suspension period, the real estate
trading floor must fully pay outstanding tax amount, carry on paying other
debts, completely execute contracts signed with brokers and employees, unless
otherwise agreed.
If the real estate trading floor fails to
completely execute service contracts signed with customers, it must reach
agreements on execution of such service contracts with the customers.
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Article 18.
Requirements for enterprises wishing to provide real estate services (real
estate service enterprises) in terms of physical and technical facilities
Real estate service enterprises must have physical
and technical facilities suitable to operations of real estate service
enterprises.
1. Physical facilities of an enterprise are its
premises which have specific names and addresses and have been continuously
operating for more than 12 months.
2. Technical facilities of an enterprise are a
system of machinery and equipment serving its operations.
Article 19.
Organization of exams and issuance of practicing certificates for real estate
brokers
1. The People’s Committees of provinces and
central-affiliated cities (hereinafter referred to “the provincial People’s
Committees”) shall organize exams and issue certificates.
2. The real estate authority of a province shall
receive application forms for examination of candidates (using the form in
Appendix XXI enclosed herewith) and send an application for the exam to the
provincial People’s Committee; and then the provincial People’s Committee shall
base on the number of candidates registered to take the exam and actual situations
to organize the exam.
3. Each year, the People's Committee of a province
or city is responsible for organizing at least 01 exam, depending on the number
of candidates registered to take the exam (an exam must have at least 10
candidates).
In case there are fewer than 10 candidates and any
of the candidates who have submitted applications wishes to take the exam at
the Examination Council of another province, the Provincial People's Committee
will prepare an official dispatch on sending that candidate to the People's
Committee of another province or city to take the exam.
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5. Exam fees:
a) Candidates must pay exam fees to the Provincial
People's Committee or as announced by the Provincial People's Committee;
b) Exam fee rates will be set by the Chairperson of
the Provincial People's Committee for each exam, depending on the number of
candidates registered to take the exam, to cover the costs of organization of
the exam, on the basis of proposal of the Chairperson of the Examination
Council;
c) The Examination Council is allowed to use exam
fees to pay for activities relating to the exam organization and remuneration
for members of the Examination Council. Payment and final settlement of exam
fees must be approved by the Chairperson of the Examination Council.
Article 20.
Examination councils for issuance of practicing certificates for real estate
brokers (hereinafter referred to as “examination councils”)
1. An Examination Council is established by the
decision of the Chairperson of the People's Committee of a province for an
exam. The Examination Council has 5 or more members, including:
a) The Chairperson of the examination council who
is the leader of the provincial People’s Committee;
b) The Vice Chairperson of the Examination Council
who is the leader of the provincial real estate authority;
c) Members of the Examination Council who are
proposed by the leader of the provincial real estate authority, including:
Representative of the provincial real estate authority; Representative of the
Real Estate Association (if any), representative of the Association of Real
Estate Brokers (if any), lecturers of training institutions serving the
purposes of training and fostering practice-based knowledge for real estate
brokers (if any); Real estate brokerage experts of real estate brokerage
enterprises, real estate trading floors (if any) or other experts (if any).
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3. Powers and responsibilities of the Chairperson
of the Examination Council:
a) Submit the exam organization plan, exam
regulations, exam questions and answers to the Provincial People's Committee
for approval;
b) Consider the estimated costs for organizing the
exam and the exam fees payable by candidates, and then submit them to the
Chairperson of the Provincial People's Committee for approval;
c) Approve exam results including list of
successful candidates and list of unsuccessful candidates;
d) Report the process of organizing the exam to the
Chairperson of the Provincial People's Committee;
dd) Directly direct the process of organizing the
exam and be responsible to the Chairperson of the Provincial People's Committee
and the law for the results of the exam organization;
e) Approve the final settlement of costs for
organizing the exam.
4. Members of the Examination Council must directly
participate in all activities of the exam, be assigned tasks by the Chairperson
of the Examination Council, receive remuneration and be responsible to the
Chairperson of the Examination Council for their assigned tasks.
Article 21.
Duties and entitlements of the examination council
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2. Make an estimate of the cost of organizing the
exam and estimate the collection rate of exam fees from candidates in a manner
that ensures sufficient costs for the exam and the State's policies.
3. Organize reception, check documents, make a list
of qualified candidates and unqualified candidates.
4. Organize the exam, proctor the exam, mark the
exam papers, and review the exam results according to regulations for
candidates who request a review under the direction of the Chairperson of the
Examination Council according to the plan approved by the Provincial People’s
Committee; make a summary of the exam results, including: report on the exam
organization process; list of successful candidates and list of unsuccessful
candidates.
Article 22.
Exam content and exam questions
1. Candidates taking the exam to receive a
certificate must compulsorily take the following exams, except for the cases
specified in Clause 2 of this Article:
a) Basic knowledge, including: Laws related to real
estate business; laws related to land; investment laws; Civil laws related to
real estate business; notarization laws related to real estate business;
corporate laws related to real estate business; laws on taxes and fees in real
estate transactions; laws on anti-money laundering in real estate business;
laws on handling of administrative violations related to real estate business;
general overview of the real estate market; real estate prices and real estate
price consulting;
b) Professional knowledge, including: Overview of
real estate brokerage services; real estate brokerage process and skills;
resolution of real-life situations.
2. For candidates with a unexpired foreign-issued
practicing certificate for real estate broker, they only have to take the basic
knowledge exam, not the professional knowledge exam.
3. The exam set must be consistent with the content
of the framework program for training in real estate brokerage issued by the
Ministry of Construction.
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Article 23.
Format, time and language of the exam
1. Format and time of the exam:
a) Basic knowledge exam includes: Written exam,
multiple choice exam or both of them. The exam time is 120 minutes;
b) Professional knowledge exam includes: Written
exam, multiple choice exam or both of them. The exam time is 120 minutes.
2. The language used for the exam is Vietnamese
(candidates who are foreigners can have their interpreters).
Article 24.
Eligible candidates
Eligible candidates include: Vietnamese citizens,
Vietnamese residing abroad according to the provisions of law on nationality
and foreigners who are eligible to take the exam as prescribed in Article 25
and Article 26 of this Decree.
Article 25.
Qualification for exam
In order to be qualified for taking the exam, a
candidate must meet the following requirements:
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2. Possesses an upper secondary school’s graduation
diploma or higher.
3. Has a certificate of completion of training in
real estate brokerage.
4. Has submitted the application for exam and paid
the exam fee to the provincial People’s Committee.
Article 26.
Exam application
An exam application includes:
1. 01 exam application form with a 4x6 photo taken
within the last 06 months (using the form in Appendix XXI of this Decree).
2. 01 certified true copy of ID card (old type) or
Citizen ID card or ID card (new type) according to identification laws;
documents proving Vietnamese nationality or confirmation of Vietnamese origin
according to the provisions of law on nationality or passport (or a copy with
the original for comparison).
3. 01 authenticated copy of Certificate of
completion of training practice-based knowledge for real estate broker.
4. Certified true copy of secondary school’s
graduation diploma (or equivalent) or higher.
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6. Certified true copy and translation of
foreign-issued certificate (for foreigners and Vietnamese with a unexpired
foreign-issued practicing certificate for real estate broker).
Article 27.
Exam registration
1. People who need a certificate can register to
take an exam nationwide.
2. Every year, people who need a certificate submit
an exam application form according to the provisions of Clause 3, Article 19 of
this Decree.
3. Before each exam, a candidate directly submits
01 exam registration dossier as prescribed in Article 26 and the exam fee as
prescribed in Point a, Clause 5, Article 19 of this Decree. Time and location
for submitting the dossier is provided as notified by the Provincial People's
Committee.
Article 28.
Criteria for passing
1. A candidate is passed if he/she:
a) scores at least 70/100 points for the basic
knowledge part;
b) scores at least 70/100 points for the
professional knowledge part;
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Article 29.
Approval and announcement of exam results
1. The Chairperson of an Examination Council shall
base on the exam results of each exam part to approve the exam results for each
exam.
2. The exam results are announced at the Provincial
People's Committee and on its website.
4. Within 20 days from the announcement of exam
results, the Provincial People's Committee will organize re-exams for
unqualified candidates. These unsuccessful candidates only need to retake the
failed parts of their exams. Each exam can only be retaken once, and candidates
do not have to pay retake fees.
Article 30.
Document storage
1. The Provincial People's Committee is responsible
for preserving records and documents related to each exam:
a) within 5 years: Records related to the
organization of the exam (Decision to establish the Examination Council; exam
regulations; exam questions and answers for each exam subject; list of exam
proctors and other related documents and materials); records related to exam
marking: List of candidates, list of examiners; candidates' exam papers;
profiles of qualified candidates; summary table of exam results, summary table
of re-marking results (if any) for each exam subject;
b) within 03 years (for profiles of unsuccessful
candidates and candidates who register but do not participate in the exam).
2. The Provincial People's Committee stores
profiles of certified individuals for a period of 10 years from the date of
issuance of certificate.
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1. Candidates who have passed the exams as
prescribed in Article 28 and have submitted adequate documents as prescribed in
Article 26 of this Decree will be issued a certificate.
2. Certificate issuance process:
a) The Chairperson of the Examination Council shall
send a report on the exam organization process to the Chairperson of the
Provincial People’s Committee and approve exam results;
b) Based on the report made and the exam results
approved by the Chairperson of the Examination Council, the Chairperson of the
Provincial People’s Committee shall approve the list of certified individuals
(using the form in Appendix XXII of this Decree). Within 10 working days from
the date of receipt of valid applications, the provincial People’s Committee
shall print, sign and then issue certificates;
c) The Provincial People’s Committees shall keep
applications of certified individuals as prescribed in clause 2 Article 30 of
this Decree.
3. The certified individuals shall pay certificate
issuance fees according to the provisions of law on fees and charges in person
at the Provincial People's Committee or in another form as notified by the
Provincial People's Committee.
4. The certificates shall be valid for use
nationwide for a period of 5 years from the date of issue.
5. The certificate form shall be as prescribed in
Appendix XXIII of this Decree.
6. The certificates are given to the certified
individuals in the provincial People’s Committee or in other places as notified
by the provincial People’s Committee. If a certified person does not come to
receive his/her certificate in person, it will be sent by post.
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a) Do not edit or erase the content of the
certificate;
b) Do not lease, lend or let other organizations or
individuals use the certified person’s name and certificate to carry out
activities related to real estate brokerage;
c) Do not use the certificate for other purposes
not prescribed by law.
8. Quarterly (before the 15th day of the
first month of the quarter following the reporting quarter), the Provincial
People's Committee is responsible for reporting the exam organization and the
list of certified individuals to the Ministry of Construction according to the
provisions of the Decree elaborating the Law on Real Estate Business in terms
of building and managing information systems and databases on housing and real estate
markets; and updating the list of certified candidates on the website of the
Provincial People's Committee (using the form in Appendix XXVI of this Decree).
9. Any certificate that is lost, torn, burned, or
destroyed due to natural disasters or other force majeure reasons will be
reissued. The certificate number shall be the original certificate number
(according to the form in Appendix XXIV). The certificate period shall be 05
years from the date of initial issuance. Any applicant for re-issuance of certificate
shall pay a certificate reissuance fee according to the provisions of law on
fees and charges to the Provincial People's Committee. An application for
reissuance of certificate submitted to the Provincial People’s Committee which
has issued the certificate includes:
a) An application form for reissuance of
certificate with a photo thereon (using the form in Appendix XXVII);
b) 02 4x6 photos taken within 06 months before the
date of submission of the application;
c) The original certificate (if any).
Within 10 working days from the date of receipt of
a sufficient application as prescribed in Clause 9 of this Article, the
Provincial People's Committee which issued the original certificate is
responsible for re-checking the application and re-issuing the certificate.
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1. A person whose certificate has expired is not
allowed to continue practicing as a real estate broker.
2. If a person who has an expired or nearly expired
certificate wishes to re-issue his/her certificate, he/she must take an exam
according to the following regulations:
a) In case he/she registered for the exam again in
the local authority which has issued the original certificate, he/she only have
to take the basic knowledge exam as prescribed in this Decree to be granted a
certificate with the original certificate number. This must be stated on page
01 of the reissued certificate (according to the form in Appendix XXV of this
Decree);
b) In case he/she registered for the exam in
another local authority, he/she must follow the same examination procedures as
those for issuance of a new certificate but only have to take the basic
knowledge exam.
3. An exam application includes:
a) The dossier specified in Article 26 herein;
b) The original certificate (if the certificate is
expired), or a certified true copy of the existing certificate (if the
certificate is unexpired).
4. The exam registration shall comply with the
provisions of Article 27 of this Decree.
5. The Provincial People's Committee shall decide
whether to organize a separate exam for people applying for reissuance of
expired certificates, or organize an exam for both people applying for
reissuance of expired certificates and issuance of new certificates.
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1. Certificate holders will have their certificates
revoked in the following cases:
a) They have become incapacitated;
b) Their statements in their applications for
certificate issuance are untruthful;
c) Their certificates are erased or modified;
d) They lend or rent their certificates to others
to serve the practicing purpose;
dd) They violate the provisions of Article 8 of the
Law on Real Estate Business.
2. Certificates issued by the People's Committee of
any province or city shall be revoked by the People's Committee of that
province or city; In case a certificate is revoked by another competent
authority according to the provisions of law, this authority must notify in
writing the People's Committee of the province or city that issued the
certificate to comply with the provisions of Clause 3 of this Article.
3. After a decision to revoke a certificate is
issued, the Provincial People's Committee that issued the certificate shall notify
the person whose certificate was revoked to return the certificate. At the same
time, the Provincial People's Committee will notify the name of the person
whose certificate was revoked on its website and delete the name of the
certificate holder on the website.
Chapter VI
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Article 34.
Assessment of the real estate market situation as a basis for proposals to
regulate the real estate market
1. The Ministry of Construction shall, following
the direction of the Government or based on the price index, the number of real
estate transactions and socio-economic indicators and statistics of other
industries and fields related to the real estate market, evaluate the real
estate market situation and propose implementation of real estate market
regulation.
2. Research and consolidation of market performance
reports and propose measures to regulate the real estate market shall be
carried out when the real estate transaction price index fluctuates by more
than 20% in 3 months; or the real estate market has other fluctuations
affecting socio-economic stability.
Article 35.
Proposing measures to regulate the real estate market
1. According to the provisions of Clause 2, Article
34, within 15 days, the Ministry of Construction shall take charge and
cooperate with ministries, ministerial agencies, and provincial People's
Committees in compiling market performance reports and proposing measures to
regulate the real estate market to be submitted to the Government for consideration
and decision, including the contents specified in Clauses 2, 3, 4, 5, 6 and 7
of this Article.
2. The Ministry of Construction shall propose
measures to regulate the real estate market related to legal policies on urban
planning, construction planning, housing planning, and real estate business
planning; on urban development programs and plans, programs and plans for
development of housing and real estate; on real estate product structure.
3. The Ministry of Planning and Investment shall
propose measures to regulate the real estate market related to legal policies
on investment and bidding.
4. The Ministry of Natural Resources and
Environment shall propose measures to regulate the real estate market related
to legal policies on land.
5. The Ministry of Finance shall propose measures
to regulate the real estate market related to legal policies on taxes, finance,
securities, and corporate bonds.
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7. The Provincial People's Committees shall review
the implementation of real estate projects of provinces and enterprises, and
propose measures to regulate the real estate market in their provinces.
Article 36.
Submitting measures to regulate the real estate market to competent authorities
for decision
1. The Ministry of Construction shall prepare
consolidated market performance reports and propose measures to regulate the
real estate market, and submit them to the Government for consideration and
decision.
2. In case measures to regulate the real estate
market exceed the Government's authority, the Ministry of Construction shall
send reports to the Government which will submit them to the National Assembly
and the Standing Committee of National Assembly for consideration and decision.
Article 37.
Implementing real estate market regulation
1. The Ministry of Construction shall take charge
and cooperate with ministries, ministerial agencies, and provincial People's
Committees in implementing measures to regulate the real estate market
according to the decisions of the competent authorities specified in Clause 2
and clause 3 Article 79 of the Law on Real Estate Business.
2. Regulating the real estate market in a manner
that ensures supply and demand and real estate product structure, and is
appropriate to each stage of the market is also done through the preparation,
submission for approval and implementation of land use planning and plans,
construction planning, urban and housing development programs and plans.
Chapter VII
IMPLEMENTATION PROVISIONS
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1. Any practicing certificate for real estate
broker issued before the effective date of the Law on Real Estate Business will
continue to be used according to the term on the Certificate. In case by the
effective date of this Decree it has expired or if the broker applies for a new
one, the provisions of this Decree must be followed.
2. For a real estate project for which the
Provincial People's Committee has issued a written approval or permission to
the project developer to sell subdivisions of land with existing technical
infrastructure to individuals building their own houses according to the
provisions of law before the effective date of the Law on Real Estate Business,
the documents issued by the Provincial People's Committee shall continue to be
applied in a manner that meets the provisions of Article 28, Article 29, Clause
1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 7 and Clause 8, Article 31,
Article 32 of the Law on Real Estate Business and Article 9 of this Decree.
In case the project developer has submitted an
application for permission to sell subdivisions of land with existing technical
infrastructure to individuals to build their own houses before the effective
date of this Law but the competent regulatory agency has not yet issued any
written permission, the project developer is responsible for supplementing
their application according to the provisions of the Law on Real Estate
Business and this Decree (if any) to be considered by the competent regulatory
agency.
3. Clause 1 of Article 5 of this Decree does not
apply to outstanding debts of loans granted by credit institutions and
outstanding corporate bonds issued by real estate project developers before the
effective date of this Decree. In case an outstanding debt of loan granted by a
credit institution or outstanding corporate bond issued by the project
developer of a real estate project before the effective date of this Decree
exceeds those specified in Clause 1, Article 5 of this Decree, the project
developer is only allowed to raise capital by taking loans from credit
institution or issuance of corporate bonds to implement the project when they
meet the provisions in Clause 1, Article 5 of this Decree.
4. Point b, Clause 1 and Point b, Clause 2, Article
7 of this Decree do not apply to individuals and organizations that have signed
contracts for trade and receipt of real estate by transfer, including off-plan
real estate in real estate projects, before this Decree takes effect.
5. It is allowed to carry on business of houses and
buildings within a real estate project that has been approved by a competent
regulatory agency according to the provisions of law before the effective date
of the Law on Real Estate Business according to the content and objectives of
the approved project; the project is not required to meet the conditions for
off-plan houses and buildings to be put into business according to the
provisions of Clause 5, Article 24 of the Law on Real Estate Business.
In case the project's investment guidelines are
adjusted according to the provisions of law after the effective date of the Law
on Real Estate Business, the investment guidelines of the project to which
adjustments are approved will be applied.
6. Commercial housing purchase and sale contracts
that have been transferred according to the provisions of housing law before
the effective date of the Real Estate Business Law may carry on being
transferred. The procedures for transferring these contracts shall comply with
the provisions of Article 13 of this Decree.
Article 39.
Implementation
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a) Guide, monitor and urge the implementation of
the provisions of the Law on Real Estate Business and this Decree;
b) Take charge and cooperate with relevant agencies
in studying and promulgating legislative documents on real estate business
under their jurisdiction or submitting them to the competent authorities for
promulgation;
c) Take charge and cooperate with relevant agencies
in inspecting and handling violations against regulations on real estate
business as prescribed by law;
d) Study and develop a real estate transaction
price index suitable to the conditions and ability to collect, compile, and
summarize data on housing and real estate markets in each period;
dd) Perform other tasks specified in the Law on
Real Estate Business, this Decree or assigned by the Government and the Prime
Minister.
2. The Ministry of Finance shall formulate
regulations and guidelines on implementation of regulations on taxes, fees and
charges related to the real estate business.
3. Ministries and central authorities are
responsible for guiding, urging and implementing the provisions of the Law on
Real Estate Business and this Decree within the scope of their functions and
assigned tasks.
4. The People's Committees of provinces or
central-affiliated cities shall:
a) Organize and direct the implementation of the
provisions of the Law on Real Estate Business and this Decree in their
provinces or cities;
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c) Decide permission to transfer the entire or
partial real estate projects according to the provisions of the Law on Real
Estate Business and this Decree. Take charge of appraising and submitting
applications for transfer of the entire or partial real estate projects under
the Prime Minister's authority to permit transfer, except in cases where the
Prime Minister authorizes the People's Committees to decide transfer of partial
real estate projects;
d) Organize or direct the implementation of
inspection, examination and handling of violations against regulations on real
estate business within their jurisdiction and according to the provisions of
law;
d) Report the real estate market situation in their
provinces to the Ministry of Construction every 3 months and according to the
provisions of the Decree elaborating certain articles of the Law on Real Estate
Business in terms of construction and management information system, database
on housing and real estate market or upon unexpected request for the Ministry
of Construction to synthesize and report to the Government and Prime Minister;
e) Direct and organize the receipt and settlement
of administrative procedures in electronic means within their jurisdiction on
the public service portals of provinces in compliance with the provisions of
law on following administrative procedures in electronic means;
g) Perform other tasks specified in the Law on Real
Estate Business, this Decree or assigned by the Government and the Prime
Minister.
Article 40.
Effects
1. This Decree comes into force from August 01,
2024.
2. After this Decree comes into force, the
Government's Decree No. 02/2022/ND-CP dated January 06, 2022 on elaborating the
Law on Real Estate Business shall expire.
3. Clause 7, Article 4 of Decree No. 11/2013/ND-CP
dated January 14, 2013 of the Government on urban development investment
management, which has been amended by Clause 4, Article 4, Decree No. 35
/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing
certain articles of decrees in the state management sector of the Ministry of
Construction shall be annulled.
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5. In case a Vietnamese citizen has been granted a
personal identification number, and the national population database, databases
on investment registration and business registration have been connected and
operated, he/she is allowed to use his/her personal identification number instead
of documents related to personal identity (ID card (old type), Citizen ID card,
ID card (new type), Passport and other personal identification documents as
prescribed by relevant law) when following procedures related to real estate
business activities according to the provisions of law on real estate business.
Ministers, Heads of ministerial agencies, Heads of
Governmental agencies, Chairpersons of the People's Committees of provinces and
central-affiliated cities are responsible for implementation of this Decree.
ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha