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MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 04/2024/TT-BXD

Ha Noi, July 30, 2024

 

CIRCULAR

ON GUIDELINES FOR THE FRAMEWORK PROGRAM FOR TRAINING KNOWLEDGE OF REAL ESTATE BROKERAGE PRACTICE AND OPERATION OF REAL ESTATE TRADING FLOOR

Pursuant to the Clause 3, Article 69 of the Law on Real Estate Trading dated November 28, 2023;

Pursuant to the Government's Decree No. 52/2022/ND-CP dated August 8, 2022 defining functions, tasks, powers and apparatus of the Ministry of Construction;

At the request of the Director of the Housing and Real Estate Market Management Agency;

The Minister of Construction promulgates a Circular on guidelines for the framework program for training knowledge of real estate brokerage practice and operation of real estate trading floor.

Chapter I

GENERAL PROVISIONS

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This Circular provides for the framework program of training knowledge of real estate brokerage practice and operation of real estate trading floor as prescribed in Clause 3, Article 69 of the Law on Real Estate Trading No. 29/2023/QH15 dated November 28, 2023 (hereinafter referred to as the Law on Real Estate Trading).

Article 2. Regulated entities

Institutions providing training knowledge of real estate brokerage practice and operation of real estate trading floor as prescribed in the Law on Real Estate Trading.

Chapter II

THE FRAMEWORK PROGRAM FOR TRAINING KNOWLEDGE OF REAL ESTATE BROKERAGE PRACTICE AND OPERATION OF REAL ESTATE TRADING FLOOR

Section 1. FRAMEWORK PROGRAM FOR TRAINING KNOWLEDGE OF REAL ESTATE BROKERAGE

Article 3. Fundamental knowledge 

Fundamental knowledge of real estate brokerage has a total duration of 32 study periods, including the following topics:

1. Topic 1: Legal regulations on real estate trading, including some main contents as follows:

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b) Legal regulations on the requirements for types of real estate and real estate projects put into business;

c) Legal regulations on transfer of real estate projects;

d) Legal regulations on trading in land use rights with technical infrastructure in real estate projects;

dd) Legal regulations on contracts in real estate trading activities;

e) Legal regulations on information on real estate and real estate projects put into business;

g) Other contents in the law on real estate trading.

2. Topic 2: Legal regulations on housing related to real estate trading, including some main contents as follows:

a) Legal regulations on home ownership in Vietnam by foreign organizations and individuals;

b) Legal regulations on eligible entities and conditions for home ownership in Vietnam;

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3. Topic 3: Legal regulations on land related to real estate trading, including some main contents as follows:

a) Legal regulations on granting Certificates of land use rights, ownership of property on land;

b) Legal regulations on rights and obligations of land users;

c) Legal regulations on forms of land use and collection of land use fees, land rents;

d) Legal regulations on land allocation, land lease, and change in land use purpose.

4. Topic 4: Legal regulations on investment related to real estate trading, including some main contents as follows:

a) Legal regulations on procedures for implementing a real estate trading investment project;

b) Contents of real estate trading investment projects.

5. Topic 5: Legal regulations on civil matters related to real estate trading, including some main contents as follows:

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b) Legal regulations on civil transactions;

c) Legal regulations on contracts.

6. Topic 6: Legal regulations on notarization related to real estate trading, including some main contents as follows:

a) Cases where contracts must be notarized;

b) Legal regulations on the authority to certify and the responsibility to certify of agencies and organizations;

c) Procedures for notarizing contracts related to real estate trading activities.

7. Topic 7: Legal regulations on enterprises related to real estate trading, including some main contents as follows:

a) Legal regulations on the establishment of enterprises in the field of real estate trading;

b) Legal regulations on documents and procedures for establishing enterprises in the field of real estate trading.

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a) Legal regulations on corporate income taxes for real estate trading enterprises;

b) Types of taxes to be paid when conducting real estate transactions.

9. Topic 9: Legal regulations on anti-money laundering related to real estate trading, including some main contents as follows:

a) Legal regulations on anti-money laundering in the real estate trading;

b) Common money laundering methods and tricks in the real estate trading;

c) Measures to prevent and combat money laundering in the real estate trading;

d) Suspicious transactions and how to identify suspicious transactions in the real estate trading;

dd) Instructions on reporting, providing and storing information.

10. Topic 10: Legal regulations on handling administrative violations related to real estate trading, including some main contents as follows:

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b) Legal regulations on statute of limitations, time limit for handling administrative violations in real estate trading;

c) Legal regulations on administrative sanctions for violations of real estate trading.

11. Topic 11: General overview of the real estate market, including the following main contents:

a) Overview of real estate and real estate market;

b) Classification of real estate market;

c) Factors of the real estate market;

d) Development trends of the real estate market;

dd) The role of the State in the real estate market.

12. Topic 12: Principles of real estate valuation and real estate price consultation, including the following main contents:

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b) Principles of real estate valuation;

c) Real estate valuation process;

d) Basic approaches and methods used to value real estate;

dd) Information and data requirements in determining real estate prices;

e) Real estate price consultancy in real estate trading activities.

Article 4. Professional knowledge

Professional knowledge of real estate brokerage has a total duration of 24 study periods, including the following topics:

1. Topic 1: General overview of the real estate brokerage services, including the following main contents:

a) Introduction to real estate brokerage services;

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c) Principles of real estate brokerage activities;

d) Conditions for real estate brokerage service business and professional requirements for real estate brokers;

dd) Factors affecting the development of real estate brokerage profession;

e) Experience of other countries in real estate brokerage services;

g) Professional ethics of real estate brokers.

2. Topic 2: Real estate brokerage process and skills, including some main contents as follows:

a) Collecting information on real estate supply and demand;

b) Identifying subjects and parties involved in real estate brokerage transactions;

c) Preparing brokerage transaction documents;

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dd) Time limit and steps for implementing brokerage transactions;

e) Real estate marketing;

g) Communication and negotiation skills in real estate transactions;

h) Real estate offering, listing and advertising skills;

i) Organizing and managing real estate brokerage organizations;

k) Contract drafting skills;

l) Legal risk management skills in real estate transactions;

m) Applying information technology and social networks in real estate trading.

Article 5. Practice and final exams

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2. The final exam has a total duration of 2 periods, including fundamental knowledge and professional knowledge:

- Exam duration: 120 minutes

- Exam form: Essay, objective test or combination.

Section 2. FRAMEWORK PROGRAM FOR TRAINING KNOWLEDGE OF OPERATION OF REAL ESTATE TRADING FLOOR

Article 6. Fundamental knowledge 

The total duration of study periods, topics, and main content of each topic shall be as prescribed in Article 3 of this Circular.

Article 7. Professional knowledge

Professional knowledge of operation of real estate trading floor has a total duration of 24 study periods, including the following topics:

1. Topic 1: Operation of the real estate trading floors, including the following main contents:

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b) The role of real estate trading floors in the real estate market;

c) Principles of organization and operation of real estate trading floors;

d) Conditions for establishment and operation of real estate trading floors;

dd) Regulations on operation of real estate trading floors;

e) Conditions for managers and operators of real estate trading floors;

g) Confirmation of transactions through real estate trading floors;

h) Information on real estate and real estate trading through trading floors;

i) Organizing services at real estate trading floors.

2. Topic 2: Real estate brokerage process and skills, including some main contents as follows:

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b) Identifying subjects and parties involved in real estate brokerage transactions;

c) Preparing brokerage transaction documents;

d) Time limit and steps for implementing brokerage transactions;

dd) Real estate marketing;

e) Communication and negotiation skills in real estate transactions;

g) Organizing and managing real estate brokerage offices;

h) Contract drafting skills.

Article 8. Practice and final exams

1. Practical module has a total duration of 16 periods, including the following topics:  Conduct a field study of 1-2 real estate trading floors; product a final research report; and resolve actual scenarios.

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- Exam duration for each part: 120 minutes.

- Exam form: Essay, objective test or combination.

Chapter III

IMPLEMENTATION

Article 9. Transitional provisions

Regulations regarding training knowledge of real estate brokerage practice and operation of real estate trading floor prescribed in legal documents issued by the Ministry of Construction, ministries, agencies and provincial People's Committees before the effective date of this Circular, which are inconsistent with the provisions under the scope of this Circular, shall be governed by the provisions of this Circular.

Article 10. Implementation

1. The Department of Housing and Real Estate Market Management shall guide and coordinate with the Department of Construction of provinces to inspect the training knowledge of real estate brokerage practice and operation of real estate trading floor as prescribed in this Circular.

2. Provincial People's Committees shall have the following responsibilities:

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b) Direct the organization of implementation, inspection, and supervision of compliance with the provisions of this Circular, and handle violations within their authority or propose to competent authorities for handling violations within their jurisdiction.

3. The Department of Construction shall be responsible for the following:

a) Monitoring and reporting to the Provincial People's Committee and the Ministry of Construction on the operation of training facilities providing knowledge of real estate brokerage practice and operation of real estate trading floors in the province as prescribed in this Circular;

b) Monitoring, urging, and responding to instructions for organizations and individuals on the implementation of regulations related to training knowledge of real estate brokerage practice and operation of real estate trading floors in the province as prescribed in this Circular;

c) Inspecting and examining the compliance with legal provisions, resolving complaints and denunciations and handling violations of the law related to training knowledge of real estate brokerage practice and operation of real estate trading floors as prescribed in this Circular in the province within its authority or reporting to competent authorities for handling according to regulations.

d) Performing other tasks assigned by the Provincial People's Committee within its authority.

Article 11. Entry in force

1. This Circular comes into force as of August 1, 2024.

2. The following documents are completely or partially annulled:

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b) Article 2 of Circular No. 28/2016/TT-BXD dated December 15, 2016 on amendments to Circular No. 10/2015/TT-BXD dated December 30, 2015, Circular No. 11/2015/TT-BXD dated December 30, 2015 and Regulations on management and use of apartment buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Minister of Construction.

c) Article 2 of Circular No. 10/2018/TT-BXD dated December 26, 2018 of the Minister of Construction on amendments to Circular No. 10/2015/TT-BXD dated December 30, 2015 and Circular No. 28/2016/TT-BXD dated December 15, 2016 on amendments to Circular No. 10/2015/TT-BXD dated December 30, 2015, Circular No. 11/2015/TT-BXD dated December 30, 2015 and some provisions of the regulations on management and use of apartment buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Minister of Construction.

 



PP. MINISTER
DEPUTY MINISTER




Nguyen Van Sinh

 

 

HIỆU LỰC VĂN BẢN

Circular No. 04/2024/TT-BXD dated July 30, 2024 on guidelines for the framework program for training knowledge of real estate brokerage practice and operation of real estate trading floor

  • Số hiệu: 04/2024/TT-BXD
  • Loại văn bản: Thông tư
  • Ngày ban hành: 30/07/2024
  • Nơi ban hành: Bộ Xây dựng
  • Người ký: Nguyễn Văn Sinh
  • Ngày công báo: Đang cập nhật
  • Số công báo: Đang cập nhật
  • Ngày hiệu lực: 01/08/2024
  • Tình trạng hiệu lực: Kiểm tra
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