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MINISTRY OF
CONSTRUCTION
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SOCIALIST REPUBLIC OF
VIETNAM
Independence - Freedom - Happiness
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No.:
11/2015/TT-BXD
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Ha Noi, December
30, 2015
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CIRCULAR
REGULATIONS
ON ISSUANCE OF REAL ESTATE BROKER LICENSE; GUIDELINES FOR TRAINING AND
IMPROVING KNOWLEDGE OF REAL ESTATE BROKERAGE PRACTICE AND MANAGEMENT OF THE
REAL ESTATE TRADING FLOOR; ESTABLISHMENT AND ORGANIZATION OF ACTIVITIES OF THE
REAL ESTATE TRADING FLOOR
Pursuant to the Law on real estate trading
No. 66/2014/QH13 dated November 25, 2014;
Pursuant to the Government's Decree No.
76/2015/NĐ-CP dated September 10, 2015 on guidelines for the law on real estate
trading;
Pursuant to the Government's Decree No.
62/2013/NĐ-CP dated June 25, 2013 defining functions, tasks, powers and
apparatus of the Ministry of Construction;
Considering the request of the Director
General of the Housing and Real Estate Market Management Agency;
The Minister of Construction promulgates a
Circular providing for the issuance of real estate broker license; guidelines
for training and improving knowledge of real estate brokerage practice and
management of the real estate trading floor; establishment and organization of
activities of the real estate trading floor.
Chapter I
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Article 1. Scope
This Circular provides for the issuance of
real estate broker license (hereinafter referred to as the broker license);
guidelines for training and improving knowledge of real estate brokerage
practice and management of the real estate trading floor; establishment and
organization of activities of the real estate trading floor.
Article 2.
Regulated entities
1. Organizations and individuals who
practice in real estate brokerage and managing the real estate trading floor.
2. Organizations and individuals involved
in the issuance of broker license; training and improving knowledge of real
estate brokerage practice and management of the real estate trading floor;
3. Organizations and individuals who
traded in real estate brokerage services and the real estate trading floor
services.
Chapter II
REGULATIONS
ON THE ISSUANCE OF REAL ESTATE BROKER LICENSE
Section 1:
ORGANIZATION OF THE REAL ESTATE BROKER’S KNOWLEDGE TESTING EXAMINATION
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1. The construction departments of
provinces or central-affiliated cities are responsible for organizing the
testing examination (hereinafter referred to as the examination) and granting
broker license.
2. The construction department shall
organize the examination under one of the following forms:
a) The construction department may directly
organize the examination: a functional unit of the construction department
shall be assigned to hold the examination;
b) The construction department may
authorize one of the following competent agencies or units to hold the
examination (hereinafter referred to as the examination organization unit): the
Vietnam National Real Estate Association, the Real Estate Associations of
provinces (or cities), the Vietnam Association of Realtors or the training
facilities certified by the Ministry of Construction with being a qualified
unit for training and improving knowledge of real estate brokerage practice.
3. Annually, the provincial
construction department shall receive the candidate’s application for testing
(according to the form stated in Annex 1 of this Circular) as of the 01st
of January. The construction department shall base on the number of registered
candidates and actual conditions of that province to hold the examination.
4. Annually, the construction
department shall organize at least 01 examination depending on the number of
registered candidates (at least 10 candidates required for each examination).
As for unsuccessful examination due to
unsatisfactoriness of required number of candidates (less than 10 candidates),
if the registered candidates want to attend the examination held by another
board of examiners, the construction department shall send an official dispatch
on transferring those candidates to such board of examiners.
5. Within at least 30 days prior to the
organization of the examination, the construction department shall publish on
its website the plan for the examination organization, requirements and
application for attendance, time, location and other necessary information
relating to the examination.
6. Examination fees:
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b) The Director of the construction
department shall, basing on the number of registered candidates and proposal of
the Chairperson of the board of examiners, decide the rate of the examination
fees for covering the examination expenditures;
c) The examination organization unit shall
spend the examination fees on the examination activities and payment of
remuneration for members of the board of examiners. Accounting of the
examination fees must be approved by the Chairperson of the board of examiners.
Article 4. The
board of examiners for testing and granting real estate broker license
(hereinafter referred to the board of examiners)
1. The construction department makes
decision of establishment of the board of examiners for each examination. The
board of examiners includes 05 members and more, including:
a) The Chairperson of the board of
examiners who is the leader of the construction department;
b) The members of the board of examiners
include: the representatives of the real estate market management division and
other functional divisions of the construction department or the examination
organization unit; the representatives of the Real Estate Association and
Vietnam Association of Realtors (if any); lecturers of the training facilities
certified by the Ministry of Construction; specialists of the real estate
brokerage services enterprises and the real estate trading floor and other
experts (if any).
2. The board of examiners shall direct
and inspect the organization of the examination executed by the examination
organization unit in accordance with the approved plan and the laws.
3. Rights and responsibilities of the
Chairperson of the board of examiners:
a) Approve the plan for the organization of
the examination, the examination rules, the examination questions and answers
submitted by the examination organization unit;
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c) Approve the exam results including the
list of successful candidates and that of unsuccessful candidates;
d) Report to the Director of construction
department on the examination organizing process;
dd) Direct the examination organizing
process and bear responsibilities before the Director of construction
department and the laws for the exam results;
e) Approve the accounting of the
examination expenditures prepared by the examination organization unit.
4. The members of the board of
examiners shall directly participate in all activities of the examination, work
under the assignment of the Chairperson of the board of examiners, are paid
with remuneration and bear responsibilities before the Chairperson of the board
of examiners for their assigned duties.
Article 5. Duties
and rights of the examination organization unit
1. Prepare and submit the plan for
organizing the examination and examination rules to the Chairperson of the
board of examiners for approval;
2. Prepare the estimate for the
examination expenditures and the estimated rate of the examination fees
provided that it must cover the examination expenses and comply with the state
policies and submit it to the Chairperson of the board of examiners for
obtaining the approval from the Director of the construction department.
3. Compile the set of exam questions
and answers for each examination as guided in this Circular and submit it to
the Chairperson of the board of examiners for approval. Expenses for compiling
the set of exam questions and answers shall be included in the examination
expenditures.
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5. Organize and invigilate the
examination, mark the exam papers under the direct management of the Chairperson
and the members of the board of examiners according to the plan approved by the
Director of the construction department.
6. Reexamine the exam results at the
candidate's request as prescribed.
7. Aggregate and submit the exam
results to the Chairperson of the board of examiners for approval, including
the reports on the examination organizing process; the list of successful
candidates and the list of unsuccessful candidates.
8. Send 01 set of records of successful
candidate as stipulated in Article 10 of this Circular to the construction
department for granting broker license.
9. Bear responsibilities before the
Chairperson of the board of examiners, the Director of the construction
department and the laws for the entire examination organizing process and the
exam results.
Article 6. The exam
contents and questions
1. The examinee for the broker license
is required to take the examination on the following contents, except for cases
stipulated in Clause 2 of this Article.
The subjects of fundamental knowledge
include:
- Law on real estate trading;
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- Real estate investment;
- Anti-money laundering in real estate
trading.
b) The subjects of professional knowledge
include:
- Overview of real estate brokerage
services;
- Real estate brokerage processes and
skills;
- Resolution of a case study.
2. The candidate who holds an unexpired
broker license granted by foreign authorities and the applicant for re-issuance
of the broker license in substitute of his/her expired license are required to
take the examination on fundamental knowledge and exempt from the examination
on professional knowledge.
3. The examination organization unit
shall compile and submit the set of exam questions and answers to the
Chairperson of the board of examiners for approval.
4. The set of exam questions and
answers shall be complied as guided in Annex 2 of this Circular. The exam
questions must be inconformity with the contents of the framework program of
training knowledge of real estate brokerage practice.
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Article 7. Form,
duration and language of the examination
1. The form and duration of the
examination:
Fundamental knowledge: Take a written test
or multiple choice tests or the combination of the two aforesaid forms.
Examination duration: 120 minutes.
b) Professional knowledge: Take a written
test or multiple choice tests or the combination of the two aforesaid forms.
Examination duration: 120 minutes.
2. Examination language: Vietnamese
language (the foreign candidate can be assisted by an interpreter).
Article 8.
Candidates
The candidates include Vietnamese citizens,
overseas Vietnamese and foreigners who are eligible for the examination as
prescribed in Article 9 and Article 10 of this Circular.
Article 9. The
examination requirements
The candidates must satisfy the following
requirements:
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2. Having high-school diploma or
higher;
3. Having submitted the application and
paid the examination fees to the examination organization unit as prescribed in
this Circular.
Article 10. The
application for the examination
1. 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);
2. 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).
3. 01 certified copy of Certificate of
completion of a real estate brokerage training course (if any);
4. Certified copy of high-school
diploma (or equivalent) or;
5. 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;
6. 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).
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1. The applicant for broker license may
register for taking the examination nationwide.
2. Annually, the applicant for broker
license may submit the application for examination as prescribed in Clause 3
Article 3 of this Circular.
3. Before each examination is
organized, each candidate shall directly submit 02 sets of the application as
prescribed in Article 10 and pay the examination fees to the examination
organization unit (01 set is filed at the examination organization unit and the
other is sent to the construction department for granting broker license).
Deadline and location for submitting the application are performed as notified
by the construction department or the examination organization unit.
Article 12. Passed
exam papers
1. An exam paper is considered as
passed if the following conditions are satisfied:
a) Taking at least 70 marks of fundamental
knowledge (out of 100);
b) Taking at least 70 marks of professional
knowledge (out of 100);
2. The candidate who has the passed
exam paper as prescribed in Clause 1 of this Article is eligible for the broker
license issued by the Director of construction department.
Article 13.
Approval and publishing of exam results
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2. The exam results shall be published
at the examination organization unit and on the website of the construction
department.
3. Within 10 days as of the date on
which the exam results are published, if any candidate wants to ask for
re-examination, he/she must submit the application to the examination
organization unit. The board of examiners shall organize the re-examination and
submit additional list of successful candidates to the Director of construction
department for approval.
4. Within 20 days as of the date on
which the exam results are published, the examination organization unit shall
organize a resit for unsuccessful candidates. The unsuccessful candidate is
required to take the resit on failed part of knowledge only. Only one resit is
organized and the candidates shall not pay the resit fees.
Article 14.
Retention of documents
1. The examination organization unit
shall retain documents and materials relating to the testing examination as
follows:
a) The following documents shall be
retained within 05 years
- Documents relating to the
organization of examination: Decision on approving the examination organization
unit; decision on establishment of the board of examiners; the exam rules; the
questions and answers of each exam subject; the list of invigilators;
- Documents relating to the assessment
of exam papers: The list of candidates and the list of examiners;
- The candidates’ exam papers;
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- Summation of the exam results and
the summation of reexamination results (if any) of each subject.
b) Documents of unsuccessful candidates and
those of candidates who are absent from the examination shall be retained
within 03 years.
2. The construction department shall
retain documents of the license holders within 10 years as of the date of
issuance.
Section 2: ISSUANCE
OF REAL ESTATE BROKER LICENSE
Article 15.
Issuance of real estate broker license
1. A broker license shall be granted to
the candidate who has been given with passed marks as prescribed in Article 12
and sufficiently submitted the application as prescribed in Article 10 of this
Circular.
2. Order for issuance of broker
license:
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).
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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.
3. The license holder shall pay VND
200,000 of the fees for issuing the broker license at the construction
department when he/she receives his/her broker license. The construction
department shall spend this collection in accordance with the law on costs and
fees.
4. The broker license is valid
nationwide within 05 years as of the date of issuance.
5. Form of broker license shall apply
Annex 4a of this Circular.
6. The individual may receive his/her
broker license at the construction department or the examination organization
unit. Failing in direct receipt of broker license, such broker license shall be
sent to the holder by post.
7. The license holder must comply with
the following provisions:
a) Not to change or erase the license
contents;
b) Not to lease, lend or authorise any
organization or individual to use the name and the broker license to conduct
any real estate brokerage activities;
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8. Upon an end of each examination for
testing and granting broker license, the construction department shall submit
reports to the Ministry of Construction on the examination organizing situation
and the list of license holders; and publish the list of license holders on its
website (using the form stated in Annex 3b of this Circular).
9. Annually, the provincial
construction department shall submit reports to the Ministry of Construction on
issuing results of broker license ahead of the 15th of December.
Article 16.
Re-issuance of the real estate broker license
1. If the broker license is lost, torn,
fired or destroyed by the act of God or the force majeure, the holder can apply
for the reissuance.
2. The application for re-issuance of
broker license is submitted to the construction department issuing the former
license, including:
a) The application form for re-issuance of
broker license with picture (using the form stated in Annex 5 of this
Circular);
b) 02 4x6cm pictures taken within 06 months
prior to the submission of application;
c) Former broker license (if any).
3. Within 10 working days as of the
receiving date of valid application as prescribed in Clause 2 of this Article,
the construction department shall check the application and re-issue the broker
license (the word “re-issuance” shall be stated in the re-issued broker
license).
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5. The broker license is once re-issued
and the license number is the old one. The re-issued license is valid within 05
years as of the issued date of the former license (using the form stated in Annex
4b of this Circular).
Article 17.
Regulations on expired license
1. The holder of an expired broker
license is not allowed to practice in real estate brokerage.
2. The holder of an expired or expiring
license must attend a testing examination for re-issuance of license in
accordance with the following provisions:
a) If the applicant submits the application
for examination to the authorities issuing former broker license, he/she shall
only take the examination on fundamental knowledge as prescribed in this
Circular for reissuance of broker license, the number of the r-issued license
shall be the same with the old one and the phrases “second issuance" or
"third issuance" must be specified at page 01 of the re-issued
license (using the form stated in Annex 4c of this Circular);
b) If the applicant submits the application
for examination to other authorities, he/she must carry out procedures for the
examination as those for a new license but only take examination on fundamental
knowledge.
3. The application includes:
a) The application stated in Article 10 of
this Circular;
b) The former broker license (original),
applicable to the expired license, or certified copy of the expiring license.
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5. Basing on actual situation, the
construction department shall hold a separate examination for the holders of
expired licenses or arrange them to take the examination together with the
candidates for new licenses.
Article 18.
Revocation of real estate broker license
1. The real estate broker license shall
be revoked in the following cases:
a) The license holder has lost his/her
capacity for civil acts;
b) The license holder has declared
deceitful information in his/her application;
c) The broker license is erased or altered;
d) The broker license is lent or leased to
another person;
dd) The license holder has violated the
principles of practice as stipulated in the Law on real estate trading and the
contents specified in the license;
e) The license holder has violation acts
resulting in his/her license revoked as stipulated by the laws.
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3. The person whose license is revoked
can not ask for reissuance of broker license within 05 years as of the issuing
date of decision on license revocation.
4. After the decision on license
revocation is granted, the construction department issuing such broker license
shall notify the license holder to resubmit his/her license. The construction
department shall publish the name of the person whose broker license is revoked
on the mass media and on its website and delete such name from the website of
the construction department.
Chapter III
GUIDELINES
FOR TRAINING AND IMPROVING KNOWLEDGE OF REAL ESTATE BROKERAGE PRACTICE AND
MANAGEMENT OF THE REAL ESTATE TRADING FLOOR
Section 1:
CERTIFICATION OF A FACILITY’S ELIGIBILITY FOR TRAINING AND IMPROVING KNOWLEDGE
OF REAL ESTATE BROKERAGE PRACTICE AND MANAGIEMENT OF THE REAL ESTATE TRADING
FLOOR
Article 19.
Requirements for a facility training and improving knowledge of real estate
brokerage practice and management of the real estate trading floor (hereinafter
referred to as the training facility)
The training facility must satisfy the
following conditions:
1. Legal entities
a) The training facilities permitted by the
competent authorities;
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c) Other organizations which are
established and authorized by the competent authorities to carry out the
professional knowledge training functions and tasks.
2. Training infrastructure
The classroom’s area must be in conformity
with the number of students and equipment meeting teaching and learning demand.
In case of lease, the lease contract must be executed in accordance with the
laws (it’s not allowed to lease a residential house to use as a classroom).
3. Lecturers
a) At least 30% of total lecturers of the
training facility are regular lecturers or lecturers with indefinite-term
contracts (with payment of insurance);
b) Standards: A lecturer is a professional
educator, specialist or manager with bachelor's degree or higher in major
suitable for teaching contents. The lecturer has at least 05 years of
experience.
4. Teaching materials
a) The training facility shall provide with
syllabi and the set of testing questions with the contents suitable to the
framework program as stipulated in Annex 6 of this Circular. The head of the
training facility must approve and bear responsibility for the syllabi.
b) The framework program is divided into 02
parts as follows:
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- The framework program for training
and improving knowledge of management of the real estate trading floor.
5. Facilities for internship
The training facility must arrange students
into real estate trading enterprises, real estate brokerage offices or real
estate trading floors for internship for at least 02 days.
6. Management of training activities
The training facility must establish a
managing division for holding the training courses, storing students' records
and other documents relating to the training activities; set up training
management rules; and the course manager must have at least 03 years'
experience in organization of training and improving courses.
Article 20.
Registration of training activities and certification of a facility’s
eligibility for training and improving knowledge of real estate brokerage
practice and management of the real estate trading floor (hereinafter referred
to as a qualified training facility)
1. Registration of training activities: The
training facility that has satisfied all requirements stated in Article 19 of
this Circular may prepare and send 01 set of application to the Ministry of
Construction for considering and certifying the facility’s eligibility for
training.
2. The application includes:
a) An official dispatch which shall be sent
to the Ministry of Construction asking for permission in organization of
training activities;
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c) List of training infrastructure and
equipment, and documents proving the location of training activities (using the
form stated in Annex 7 of this Circular).
d) Teaching materials, the set of testing
questions and decision on approval of the head of the training facility;
dd) List of lecturers (using the form
stated in Annex 8 of this Circular).
e) Lecturer’s declaration on professional
qualification and actual teaching experience (using the form stated in Annex 9
of this Circular), enclosed with copy of teaching contract or labour contract.
g) Joint-training contracts or written
approval of the units where students shall be arranged into for internship.
h) The training rules include the following
contents:
- Regulations on enrollment;
- Regulations on student’s
application;
- Regulations on training duration;
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- Regulations on internship;
- Regulations on course-end exams,
grading system and assessment of exam papers;
- Criteria for evaluating and ranking
study results;
- Regulations on requirements for
issuance of certificate of completion.
3. Certification of a facility’s
eligibility for training:
The Ministry of Construction shall verify
the application (an actual inspection may be conducted at the training
facility) and compare with the laws. If the training facility is qualified, the
Ministry of Construction shall grant certificate of facility’s eligibility for
training. This certificate is sent to the training facility and the
construction department of the province where the head office of the training
facility is located and published on the website of the Ministry of
Construction.
4. The training facilities which have been
certified by Ministry of Construction succeeding the effective date of this
Circular shall maintain their training activities. The aforesaid training
facilities must satisfy all requirements stipulated in Article 19 of this Circular
and submit all documents required in Clause 2 of this Article to the Ministry
of Construction ahead of July 01, 2016. If all conditions are satisfied, the
Ministry of Construction shall grant a written approval for maintaining
training activities. As of July 01, 2016, if the training facility fails in
submitting required documents, it's considered as stopping its training
activities and its name shall be deleted from the website of the Ministry of
Construction.
Section 2:
ORGANIZATION OF TRAINING ACTIVITIES AND ISSUANCE OF CERTIFICATE OF COMPLETION
Article 21.
Organization of training activities
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a) Notify the enrollment including the
training fields, requirements for students, the training program and contents,
duration, location and tuition of the training course, and other necessary
information;
b) Disseminate the training rules and
provide students with the learning materials on the starting date of the
training course.
c) Organize program-based teaching and
learning activities that uphold contents and duration. The lecturers must
execute their teaching duties according to registered list of lecturers.
Control student’s study period by means of taking roll call with lecturer's
confirmation. If the student’s attendance rate is less than 80% of total
periods of a seminar, he/she must repeat that seminar to be eligible for
attending the course-end exam.
d) Test, evaluate and rank study results
for granting certificate of completion to qualified student:
- The training facility shall arrange
students into real estate brokerage offices, real estate trading floors or real
estate trading enterprises for the course-end internship at with sufficient
duration for preparing reports.
- Student is eligible to attend the
course-end exam only when he/she has satisfied requirements on attendance rate
and duration of internship.
- Hold course-end exams; the examiners
are included in the list of lecturers which is registered by the training
facility for certification of its eligibility for training;
- The testing contents shall be
compiled by the training facility provided that such contents must be in
conformity with the framework program stated in Annex 6 of this Circular.
dd) Take opinions contributed by the
students on the course.
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3. The number of students shall not exceed
100 persons for each class for ensuring teaching and learning quality.
4. The training facility makes decision on
the rate, management and use of the tuition on the basis of ensuring reasonable
expenses of the training course and compliance with the laws.
Article 22.
Evaluation of student results and consideration of the eligibility for granting
certificate of completion
1. The head of the training facility shall
make decision on establishing the evaluation council and promulgating the
operating rules of such council for managing organization affairs, evaluating
testing results, ranking students at the end of course and considering the
eligibility for granting certificates of completion to qualified students.
2. Students with GPA of all tests and
reports from 70 marks (out of 100) are considered as qualified students.
3. Certificate of completion includes:
a) Certificate of completion of the
training and improving course in real estate brokerage knowledge (using the
form stated in Annex 10a of this Circular).
b) Certificate of completion of the
training and improving course in knowledge of management of the real estate
trading floor (using the form stated in Annex 10b of this Circular).
Certificate of completion of each part of
the training course shall be granted to student upon his/her study and
completion.
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1. Retention of documents
The training facility shall retain
documents after each training course within at least 5 years for serving the
inspection of the state competent authorities and re-issuance of certificates
to students, including:
- List of students and admission
documents;
- Decision and list of students who
are eligible for granting certificate of completion;
- Students’ exam papers and reports;
- The training facility’s minutes on
evaluation of study results;
- List of lecturers in charge of the
training course.
2. Report policies
The training facility shall send reports on
training results of each course to the construction department of the province
where its head office and the classroom are located (using the form stated in Annex
11 of this Circular).
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The Housing and Real Estate Market
Management Agency (Ministry of Construction) shall coordinate with the
construction department of provinces to inspect the training facilities for
timely taking action against violations in training activities.
Chapter IV
REGULATIONS
ON ESTABLISHMENT AND ORGANIZATION OF ACTIVITIES OF REAL ESTATE TRADING FLOOR
Article 24.
Guidelines for establishment of real estate trading floor
1. The organization or individual who want
to establish the real estate trading floor (hereinafter referred to as the
floor) must satisfy all conditions prescribed in Article 69 of the law on real
estate trading. Particulars are as follows:
a) The organization or individual who want
to establish the real estate trading floor must establish an enterprise;
b) The real estate trading floor requires
at least 02 members with real estate broker licenses.
c) The manager of the real estate trading
floor must have the real estate broker license.
d) The real estate trading floor must have
operating rules, unchanged name and address within at least 12 months. Any
change must be notified to the construction department and the customers;
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2. The real estate trading floor may be an
independent enterprise or an affiliated unit of an enterprise.
3. Before the real estate trading floor
starts its operations, the enterprise must send the following documents to the
construction department:
a) Business registration certificate or
registration certificate of establishment of enterprise (certified copies);
b) Operating rules of the real estate
trading floor;
c) List of brokers and certified copies of
their real estate broker licenses;
d) Certified copy of real estate broker
license of the manager of the real estate trading floor.
dd) Certified copy of certificate of
completion of the training course of knowledge of management of the real estate
trading floor of the manager of the real estate trading floor;
e) Certified copies (or copies enclosed
with the originals for comparison) of documents proving the location and area
of the real estate trading floor;
g) Certified copies of documents relating
to the establishment of the real estate trading floor (including: Decision on
establishing the real estate trading floor; Decision on appointing the manager
of the real estate trading floor).
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Article 25.
Organization model
1. The real estate trading floor may be an
independent enterprise or an affiliated unit of an enterprise and all
operations of the real estate trading floor shall be governed by the
enterprise. The company’s legal representative and the manager of the real
estate trading floor shall bear responsibility for all operations of the real
estate trading floor.
2. The floor’s manager is appointed by the
enterprise’s legal representative to manage the real estate trading floor and
shall bear responsibility before the law for all operations of the real estate
trading floor.
3. Organizational structure of the real
estate trading floor includes the floor’s manager (or floor's Director) and
specialized divisions in conformity with the floor's operation.
Article 26.
Activities of the real estate trading floor
1. The activities of the real estate trading
floor are performed in accordance with Article 70 of the Law on real estate
trading in 2014.
2. The real estate trading floor must
publish information of the real estate which is traded on the floor in
accordance with Section 2 Article 6 of the Law on real estate trading in 2014.
3. The real estate trading floor shall
verify legal documents of the real estate before it is traded on the floor. The
real estate shall be introduced to the customers only when all trading
conditions are satisfied. The real estate trading floor shall bear
responsibility before the customers and the law for the information provided
for the customers.
4. All services of the real estate trading
floor must be carried out by means of contracts.
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6. The real estate trading floor shall
prepare monthly reports on trading status via the floor (using the form stated
in Annex 13 of this Circular). Monthly reports shall be sent to the
construction department and the Ministry of Construction ahead of the 05th
of the next month.
7. The real estate trading floor shall
effectuate the anti-money laundering plan and prepare reports on anti-money
laundering in accordance with the anti-money laundering law.
Chapter V
IMPLEMENTATION
Article 27.
Transitional regulations
1. The real estate broker licenses which
are issued ahead of July 01, 2015 (the effective date of the law on real estate
trading) shall take effect within 05 years as of July 01, 2015. The real estate
broker licenses or certificates for practice in real estate brokerage which are
issued as of July 01, 2015 shall take effect within 05 years as of the date of
issuance.
2. The training facility whose eligibility
for training is certified by the Ministry of construction ahead of the
effective date of this Circular shall continue its training operations. The
training facilities must satisfy all conditions stipulated in Article 19 of
this Circular and send reports to the Ministry of Construction as prescribed in
Clause 4 Article 20 of this Circular ahead of July 01, 2016.
3. The real estate trading floors which are
established ahead of the effective date of this Circular shall continue their
operations. The real estate trading floors must satisfy all conditions
stipulated in Clause 1 Article 24 of this Circular ahead of July 01, 2016.
Article 28. Effect
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The following documents shall be annulled
from the effective date of this Circular:
- The Circular No. 13/2008/TT-BXD
dated May 12, 2008 of Ministry of Construction providing guidelines for a
number of contents of the Government’s Decree No. 153/2007/NĐ-CP dated October
15, 2007 on guidelines for implementing the Law on real estate trading;
- Decision No. 29/2007/QĐ-BXD dated
December 31, 2007 of the Minister of Construction promulgating the framework
program for training and improving knowledge of real estate brokerage, real
estate price appraisal and management of the real estate trading floor.
Article 29.
Execution organization
1. The Housing and Real Estate Market
Management Agency shall provide guidelines and inspect the testing examination
and granting real estate broker licenses as stipulated by this Circular;
consider and recognize a unit as qualified unit for holding training courses in
real estate brokerage and management of the real estate trading floor;
coordinate with the construction departments to inspect the training and
improving courses in knowledge of real estate brokerage and management of the
real estate trading floor; inspect the operations of the real estate trading
floors as stipulated by this Circular.
2. The construction department shall
organize the examinations for testing and granting real estate broker licenses
and guide and check the implementation of this Circular at its locality.
3. Any question in the course of
implementation should be sent to the Ministry of Construction for solution.
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APPENDIX 1
APPLICATION FORM
FOR SITTING EXAMINATION FOR ISSUANCE OF REAL ESTATE BROKER LICENSE
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of the real estate trading floor; establishment and
organization of activities of the real estate trading floor)
(Photo sized 4
x6)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
(Location and
date)
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REGISTRATION FOR EXAMINATION
FOR ISSUANCE OF REAL ESTATE BROKER LICENSE
To:……………………
1. Full name:
2. Date of birth:
3. Place of birth:
4. Nationality:
5. ID card no./Passport No.:
6. Residence address:
7. Phone number:
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- Certificate(s)/diploma(s) granted; (High School Diploma and
higher)
...................................................................................................................................
I would like to register to sit the
examination to be granted a real estate broker license.
Applicant
(Sign
and full name)
APPENDIX 2
GUIDELINES ON
QUESTIONS OF EXAMINATION FOR ISSUANCE OF REAL ESTATE BROKER LICENSE
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
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Take a written test or
multiple choice tests (including from 30 to 50 questions) or the combination of
the two aforesaid forms. Examination duration: 120 minutes. The examination
questions include:
1. 1. Law on real estate trading
a) Provisions on real estate trading
specified in the Real Estate Law;
b) Provisions on real estate trading
provided in the Land Law and guiding documents thereof;
c) Provisions on real estate trading
provided in the Housing Law and guiding documents thereof;
d) Provisions on real estate trading
provided in the Civil Law;
dd) Provisions on taxes and fees on real
estate trading provided in the law on taxes and fees
2. Real estate market
a) Overview on real estate and real estate
market;
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c) Elements of the real estate market;
d) Development orientation of the real
estate market;
dd) The State’s role in the real estate
market;
e) Value and price of real estate
3. Real estate trading investment
Fundamental knowledge of real estate
trading investment;
b) Procedures for investment in real estate
trading;
c) Contents of investment projects on real
estate trading;
d) Contracts for real estate trading;
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4. Anti-money laundering in real estate
trading
a) Law provisions on anti-money laundering
in real estate trading;
a) Common modes and means of money
laundering in real estate trading;
c) Methods for anti-money laundering in
real estate trading;
d) Suspicious transactions and measures to
identify such transactions in real estate trading;
dd) Guidelines on reporting, providing and
storing information
II. Professional knowledge (100 points):
Take a written test or
multiple choice tests (including from 30 to 50 questions) or the combination of
the two aforesaid forms. Examination duration: 120 minutes. Examination duration:
120 minutes. The examination
questions include:
1. Overview of real estate brokerage services
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b) The role of real estate brokerage
services in the real estate market;
c) Principles for providing real estate
brokerage services;
d) Conditions for providing real estate
brokerage services and requirements for professional knowledge of real estate
brokers;
dd) Factors affecting development of real
estate brokerage;
e) Professional ethics of real estate
brokers
2. Real estate brokerage processes and skills
a) Collection of information about supply
of demand for real estate;
b) Identification of objects and participants
in the real estate brokerage transaction;
c) Preparation of the real estate brokerage
transaction dossier;
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dd) Real estate brokerage skills;
e) Real estate marketing;
g) Communication and negotiation skills in
real estate transaction;
h) Organization and management of real
estate brokerage office;
I) Skills for writing real estate
transaction contracts;
k) Real estate marketing skills
3. Resolution of 1-2 case studies
APPENDIX 3a
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PEOPLE’S
COMMITTEE OF ….
DEPARTMENT
OF CONSTRUCTION
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
No./QD-SXD
(Location and
date)
DECISION
On issuance of real
estate broker license
DIRECTOR OF
CONSTRUCTION
Pursuant to the Law on Real Estate Trading
dated November 25, 2014;
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HEREBY DECIDES:
Article 1. Grant real estate
broker licenses to individuals who have passed the examination held on …/…/….
by.... (attached list)
Article 2. This Decision comes
into force from the day on which it is signed.
Chairperson of the examiner board and
individuals issued with real estate broker license shall take responsibility
for implement this Decision./.
DIRECTOR
(Sign
and seal)
LIST OF INDIVIDUALS
TO BE ISSUED WITH REAL ESTATE BROKER LICENSE
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No.
License No.
Full name
Date of birth
Residence address
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APPENDIX 3b
SPECIMEN OF THE
LIST OF INDIVIDUAL WHO HAVE BEEN ISSUED WITH REAL ESTATE BROKER LICENSE
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
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Construction
Department of ….
No.
License No.
Issuance date
Full name
Date of birth
Residence address
1
HN - 0001
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2
HN - 0002
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APPENDIX 4a
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Note: The license shall be numbered
depending on the issuance place (e.g. HN-0001, HCM-0001)
APPENDIX 4b
SPECIMEN OF REAL
ESTATE BROKER LICENSE IN CASE OF RE-ISSUANCE OR CHANGE
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
Note: The license shall be numbered
depending on the issuance place (e.g. HN-0001, HCM-0001)
(*) The real estate license that is
re-issued or changed shall expire after 5 years from the day on which the previous
license is granted.
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SPECIMEN OF REAL
ESTATE BROKER LICENSE IN CASE OF RENEWAL
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
Note: The license shall be numbered
depending on the issuance place (e.g. HN-0001, HCM-0001)
APPENDIX 5
APPLICATION FORM
FOR RE-ISSUANCE OF REAL ESTATE BROKER LICENSE
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
(Photo sized 4
x6)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
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To:……………………
1. Full name:................................................................................................................
2. Date of birth:............................................................................................................
3. ID Card No./Passport No. issuance date:
.............. Issuer:.........................
4. Place of permanent residence registration:.................................................................
5. Current residence: ....................................................................................................
6. Workplace:...............................................................................................................
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8. Reasons for re-issuance:
I have been granted real estate broker
license No…. on …/…/…
The applicant shall specify the reasons for
re-issuance of the license
...................................................................................................................................
I hereby commit that the aforementioned
information is correct. I will take legal responsibility if any wrong
information is found.
By this application, I respectfully request
the Department of Construction to re-issue the real estate broker license.
Enclosures:
- 2 photos (sized 4x6);
- The issued license (if any)
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(Location and
date)
Applicant
(Signature
and full name)
APPENDIX 6
FRAMEWORK PROGRAMS FOR
TRAINING AND IMPROVING KNOWLEDGE OF REAL ESTATE BOROKERAGE PRATICE AND
MANAGEMENT OF THE REAL ESTATE TRADING FLOOR
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
Part 1. THE FRAMEWORK PROGRAM FOR TRAINING
AND IMPROVING KNOWLEDGE OF REAL ESTATE BROKERAGE PRACTICE
(The framework program for training and
improving knowledge of real estate brokerage practice consists of subjects of
fundamental knowledge, professional knowledge and a final exam)
I. Fundamental knowledge (32 periods in total)
including the following subjects:
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a) Provisions on real estate trading
specified in the Real Estate Law;
b) Land provisions and provisions on real
estate trading provided in the Land Law and guiding documents thereof;
c) Housing provisions and provisions on
real estate trading provided in the Housing Law and guiding documents thereof;
d) Provisions on real estate trading
provided in the Civil Law;
dd) Provisions on taxes and fees imposed on
real estate trading provided in the law on taxes and guiding documents thereof.
2. (Subject no.2): Real estate market (8 periods)
including the following contents:
a) Overview on real estate and real estate
market;
b) Classification of the real estate
market;
c) Elements of the real estate market;
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dd) The role of the State in the real
estate market;
e) Value and price of real estate
3. (Subject no.3): Real estate trading investment (8 periods)
including the following contents:
a) Fundamental knowledge of real estate
trading investment;
b) Procedures for investment in real estate
trading;
c) Contents of investment projects on real
estate trading;
d) Contracts for real estate trading;
dd) Information and dossiers on real estate
4. (Subject no.4): Anti-money laundering in real estate
trading (4
periods) including the following contents:
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a) Modes and means of money laundering in
real estate trading;
c) Methods for anti-money laundering in
real estate trading;
d) Suspicious transactions and measures to
identify such transactions in real estate trading;
dd) Guidelines on reporting, providing and
storing information
II. I. Professional knowledge (24 periods in total)
consisting of the following subjects:
1. (Subject no.1): Overview of real estate brokerage services
(8
periods) including the following contents:
a) Introduction to real estate brokerage
services
b) The role of real estate brokerage
services in the real estate market;
c) Principles for providing real estate
brokerage services;
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dd) Factors affecting development of real
estate brokerage;
e) Experience in real estate brokerage
services from various countries;
g) Professional ethics of real estate
brokers
2. (Subject no.2): Real estate brokerage processes and
skills (16
periods) including the following contents:
a) Collection of information about supply
of demand for real estate;
b) Identification of objects and participants
in the real estate brokerage transaction;
c) Preparation of documents on real estate brokerage
transaction;
d) Duration and steps for conducting a brokerage
transaction;
dd) Real estate marketing;
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g) Organization and management of real
estate brokerage office;
h) Skills for writing real estate trading
contracts;
III. Practice and final examination (18 periods):
1. Practice (16 periods): Conduct a field study on real estate
brokerage services in the real estate brokerage office or real estate trading
floor and prepare a report on the study’s result.
2. The final examination includes the subjects of fundamental
knowledge and professional knowledge:
- Examination duration: 120 minutes
- Examination form: written test or multi-choice test or
combination of both forms
Part 2. THE FRAMEWORK PROGRAM FOR TRAINING
AND IMPROVING KNOWLEDGE OF MANAGEMENT OF THE REAL ESTATE TRADING FLOOR
(The framework
program for improving knowledge of management of the real estate trading floor
includes subjects of fundamental knowledge, professional knowledge and a final
examination)
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II. Professional knowledge (24 periods in
total) consisting of the following subjects:
1. (Subject no.1): Management of the real estate trading
floor (8
periods) including the following contents:
a) Introduction to real estate trading
floor;
b) The role of real estate trading floor in
the real estate market;
c) Principles for organization and
operation of the real estate trading floor;
d) Conditions for establishment of the real
estate trading floor;
dd) Regulations on operation of the real
estate trading floor;
e) Requirements applied to mangers and operators
of the real estate trading floor;
g) Information about real estate and real
estate trading through the trading floor;
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2. (Subject no.2): Real estate brokerage processes and
skills (16
periods) including the following contents:
a) Collection of information about supply
of demand for real estate;
b) Identification of objects and participants
in the real estate brokerage transaction;
c) Preparation of documents on real estate brokerage
transaction;
d) Duration and steps for conducting a
brokerage transaction;
e) Real estate marketing;
g) Communication and negotiation skills in
real estate transaction;
g) Organization and management of real
estate brokerage office;
h) Skills for writing real estate trading
contracts;
...
...
...
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1. Practice (16 periods): Study activities of 1-2 real estate
trading floor; prepare a report and resole a number of case study
2. The final examination includes the subjects of fundamental
knowledge and professional knowledge:
- Examination duration of each part: 120 minutes
- Examination form: written test or multi-choice test or
combination of the aforesaid forms
APPENDIX 7
SPECIMEN OF
DECLARATION OF METERIAL FACILITIES AND CAPACITY OF TRAINING INSTITUTIONS
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
DECLARATION OF MATERIAL FACILITIES AND
CAPACITY OF THE TRAINING INSTITUTION
- Name of the training institution:
...
...
...
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- Director of the training institution:
No.
Details
Note
1
Material facilities
- Classroom: ………… (m2)
- Equipment:
The contract is required in case of lease
...
...
...
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The list of managers and trainers (Name,
year of birth, education level, working duration)
3
Experience in the training field: ….
Year(s)
Director
(Sign and seal)
...
...
...
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SPECIMEN OF
LECTURER LIST AND INFORMATION
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
LECTURER LIST AND
INFORMATION
List of regular
lecturers or lecturers with contracts (with payment of insurance) of the training
institution
No.
Full name
Year of birth
Nationality
Position,
workplace
Qualifications
...
...
...
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Contacting
address (Phone number)
Teaching major
Signature
...
...
...
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List of other
lecturers
No.
Full name
Year of birth
Nationality:
Position, workplace
...
...
...
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Working
experience
Contacting
address (Phone number)
Teaching major
Signature
...
...
...
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Director
(Sign
and seal)
APPENDIX 9
...
...
...
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DECLARATION OF
LECTURERS’ CAPACITY AND EXPERIENCE
1) Name of the lecturer: ……………….. Year of birth......................................................
2) Position ………………………. Phone number:............................................................
3) Workplace:...............................................................................................................
4) Job, educational level:..............................................................................................
5) Teaching process:
No.
Working process,
working field
Years of
experience
...
...
...
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2
3
...
...
...
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Lecturer
(Sign)
APPENDIX 10a
SPECIMEN OF
CERTIFICATE OF COMPLETION OF TRAINING COURSE FOR IMPROVEMENT OF KNOWLEDGE ABOUT
REAL ESTATE BROKERAGE PRACTICE
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
Name of the
training institution
Photo (sized
4x6)
No…..
...
...
...
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CERTIFICATE
COMPLETION OF
TRAINING COURSE FOR IMPROVEMENT OF KNOWLEDGE ABOUT REAL ESTATE BROKERAGE
PRACTICE
(Name of the
training institution)
Certifies that Mr./Mrs…….
Date of birth:
Place of birth: ………………….
ID Card No./Passport No. ……………….
Has completed the training course for
improvement of knowledge about real estate brokerage practice
which is held from …/…/… to …/…/…
...
...
...
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Director
(Sign, full name and seal)
APPENDIX 10b
SPECIMEN OF
CERTIFICATE OF COMPLETION OF TRAINING COURSE FOR IMPROVEMENT OF KNOWLEDGE ABOUT
MANAGEMENT OF THE REAL ESTATE TRADING FLOOR
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
[Name of the
training institution]
-----------
...
...
...
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No…..
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
CERTIFICATE
COMPLETION OF
TRAINING COURSE FOR IMPROVEMENT OF KNOWLEDGE ABOUT MANAGEMENT OF THE REAL
ESTATE TRADING FLOOR
(Name of the
training institution)
Certifies that Mr./Mrs…….
Date of birth:
Place of birth: ………………….
...
...
...
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Has completed the training course for
improvement of knowledge about management of the real estate trading floor
which is held from .../.../... to .../.../...
Rank: …………………………………
(Location and
date)
Director
(Sign, full name and seal)
APPENDIX 11
REPORT ON OUTCOMES
OF TRAINING OF REAL ESTATE BROKERAGE AND MANAGEMENT OF THE REAL ESTATE TRADING
FLOOR
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
...
...
...
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......., (Location and date)
To:……………………
- Name of the training institution:
- Name of the training course:
- Training duration: From date …. to date
- Training place:
List of students
issued with the certificate of completion of training course in real estate
brokerage and management of the real estate trading floor
No.
Full name
...
...
...
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Residence
registration place
Note
I.
In terms of real estate brokerage
1.
2.
...
...
...
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In terms of management of the real estate
trading floor
1.
2.
(Location and
date)
Director
(Sign and seal)
...
...
...
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APPENDIX 12
SPECIMEN OF LIST OF
REAL ESTATE TRADING FLOORS
(Issued together with Circular No.11/2015/TT-BXD dated December 30, 2015 of
the Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
LIST OF REAL ESTATE
TRADING FLOORS
Province (City) …….
No.
Name of the real
estate trading floor
Name of the
founder
Foundation date
Location
...
...
...
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Phone number
Note
1
...
...
...
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2
3
...
...
...
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...
...
...
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APPENDIX 13
SPECIMEN OF REPORT
ON MONTHLY REAL ESTATE TRANSACTION
(Issued
together with Circular No.11/2015/TT-BXD dated December 30, 2015 of the
Ministry of Construction on regulations on issuance of real estate broker
license; guidelines for training improving knowledge of real estate broker
practice; management of real estate trading floor; establishment and operation
of real estate trading floor)
Name of the trading floor:
………………
REPORT ON MONTHLY
REAL ESTATE TRANSACTIONS
...
...
...
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Reporting date:
(date/month/year)
No.
Content
Figures recorded
in the reporting month
Data accumulated
from the beginning of the year to the reporting date
Note
Number of
transaction (building/foundation)
Total transaction
value (VND million)
Average price
(VND million/m2)
...
...
...
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Total transaction
value (VND million)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
...
...
...
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Name of the project:…
1.1
Apartment
...
...
...
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Apartment area: ≤ 70m2
...
...
...
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Apartment area: > 70m2
...
...
...
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1.2
Low-rise building
...
...
...
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Foundation soil
2
Name of the project:…
...
...
...
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...
...
...
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TOTAL
...
...
...
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PREPARED BY
(Signature and full name)
Phone number: ………….
Email: ..................
Date/moth/year
DIRECTOR
(Sign and seal)
...
...
...
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