18/04/2024 09:48

đá bóng trực tiếp service providers in Vietnam must possess a practicing certificate for real estate broker as of January 2025

đá bóng trực tiếp service providers in Vietnam must possess a practicing certificate for real estate broker as of January 2025

I heard information that from January 1, 2025, đá bóng trực tiếp service providers in Vietnam must possess a practicing certificate for real estate broker. Is it true? Minh Chau – Hanoi.

Regarding this matter, LawNet would like to answer as follows:

1. đá bóng trực tiếp service providers in Vietnam must possess a practicing certificate for real estate broker as of January 2025

According to the provisions of Article 61 of theLaw on đá bóng trực tiếp Business 2023(effective from January 1, 2025), the eligibility requirements to be satisfied by organizations and individuals providing đá bóng trực tiếp service are as follows:

- Any organization or individual that wishes to provide đá bóng trực tiếp services shall be required to establish a real estate service enterprise as prescribed in clause 5 Article 9 of theLaw on đá bóng trực tiếp Business 2023, and must meet the following requirements:

+ Regulations on provision of đá bóng trực tiếp services are available;

+ There are material and technical facilities to serve the provision of brokerage services as prescribed by the Government;

+ There is at least 01 employee possessing practicing certificate for đá bóng trực tiếp broker;

+ Before providing đá bóng trực tiếp services, the đá bóng trực tiếp enterprise shall be required to provide its profiles to the real estate authority of the province or city where it is located for publishing on the housing and real estate marketing information system as prescribed in theLaw on đá bóng trực tiếp Business 2023.

- A đá bóng trực tiếp broker shall be required to meet the following eligibility requirements;

+ He/she must possess a practicing certificate for đá bóng trực tiếp broker; and

+ He/she must work for an enterprise providing real estate trading floor services or a đá bóng trực tiếp enterprise.

Compared to the provisions in Article 62 of theLaw on đá bóng trực tiếp Business 2014(effective until December 31, 2024) on the requirements for đá bóng trực tiếp service providers as follows:

- Any đá bóng trực tiếp service providers must set up the enterprise and there are at least 2 employees obtaining real estate broker license (hereinafter referred to as broker license), excluding cases prescribed in Clause 2 of Article 62 of theLaw on đá bóng trực tiếp Business 2014.

- Any individual is entitled to provide đá bóng trực tiếp services independently provided that he obtains a broker license and pay taxes as prescribed in law on taxation.

- Any đá bóng trực tiếp service provider is not entitled to be both a broker and a contracting party in a đá bóng trực tiếp transaction.

Thus, according to the provisions of theLaw on đá bóng trực tiếp Business 2023, individuals will no longer be able to freely provide or independently provide đá bóng trực tiếp services as specified in the current regulations, but will be required to work for an enterprise providing real estate trading floor services or a đá bóng trực tiếp enterprise.

2. How to calculate đá bóng trực tiếp remunerations in Vietnam?

Article 63 of theLaw on đá bóng trực tiếp Business 2023stipulates đá bóng trực tiếp remunerations and commissions as follows:

- Real estate brokers are entitled to remunerations and/or commissions paid by enterprises providing real estate trading floor services or đá bóng trực tiếp enterprises.

- The đá bóng trực tiếp remuneration or commission shall be agreed upon by the real estate broker and the enterprise providing real estate trading floor services or a đá bóng trực tiếp enterprise. The đá bóng trực tiếp remuneration is not dependent on the price of the transaction actually conducted with the assistance of the broker.

Therefore, real estate brokers are entitled to remunerations and/or commissions paid by enterprises providing real estate trading floor services or đá bóng trực tiếp enterprises. At the same time, the level of remuneration and commission is agreed upon by the real estate broker and the enterprise providing real estate trading floor services or a đá bóng trực tiếp enterprise.

3. What do đá bóng trực tiếp contents include?

According to the provisions of Article 62 of theLaw on đá bóng trực tiếp Business 2023stipulating đá bóng trực tiếp contents:

- Look for partners who meet conditions set out by clients for negotiation and conclusion of contracts.

- Act as an authorized representative to follow procedures for đá bóng trực tiếp sale and purchase, transfer, lease, sublease or lease purchase.

- Provide information and assist relevant parties in negotiating and concluding đá bóng trực tiếp sale and purchase, transfer, lease, sublease or lease purchase contracts.

Best regards!

Nguyen Ngoc Tram
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