The question of whether businesses operating in the real estate sector require a real estate brokerage certificate is a matter of significance in the industry. Real estate businesses play a crucial role in property transactions, and the legal requirements they must adhere to can impact their operations and legitimacy. In this discussion, we will delve into the regulations surrounding the necessity of a real estate brokerage certificate for businesses in the real estate sector, shedding light on the implications for compliance and the industry as a whole.
Question:
Hello, I am planning to establish a company with business codes 68103, 68104, and 68109 related to real estate business activities. However, the Real Estate Business Law mentions the requirement for a brokerage profession certificate. Could you please guide me? In the case that I register for the real estate business activity codes, do I need a brokerage profession certificate?
Answer:
The Authority of Planning and Investment provides the following response:
– The “Real Estate Business” sector falls under the list of investment business sectors that are subject to conditions, as stipulated in Appendix IV – List of Investment Business Sectors subject to conditions, which is attached to the Investment Law No. 61/2020/QH14 dated June 17, 2020 by the National Assembly.
– Clause 8, Article 7 of Decree No. 01/2021/NĐ-CP dated January 4, 2021 by the Government concerning business registration, states the following: “State management over investment business sectors subject to conditions, as well as sectors with market access conditions for foreign investors, and the examination of enterprises’ compliance with business conditions, shall fall within the competence of specialized agencies as stipulated by specialized legislation.”
– Based on the above-mentioned regulations, in the event that a company engages in the real estate business sector, it must meet all the requirements for real estate business organizations as outlined in the Real Estate Business Law of 2014.
Conclusion
In conclusion, the need for a real estate brokerage certificate for businesses operating in the real estate sector is contingent on several factors, including the nature of their activities and the specific legal requirements of their jurisdiction. While it may not be mandatory in all cases, obtaining such a certificate can enhance a real estate business’s credibility, compliance, and ability to serve clients effectively. Finally, it is essential for businesses in this industry to understand and navigate the regulatory landscape to ensure they are operating within the bounds of the law and contributing positively to the real estate market.
HMLF is always available to offer assistance in understanding the procedures with authorities.
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