Circular No. 04/2024/TT-BXD guiding the framework training program for real estate brokerage practice knowledge and real estate trading floor management

 CIRCULAR

GUIDELINES ON THE FRAMEWORK TRAINING PROGRAM AND KNOWLEDGE ENHANCEMENT FOR REAL ESTATE BROKERAGE AND MANAGEMENT OF REAL ESTATE EXCHANGE PLATFORMS

REAL ESTATE ENVIRONMENT, ADMINISTERING REAL ESTATE EXCHANGE

______________________

On the basis of Clause 3 Article 69 of the Law on Real Estate Business dated November 28, 2023;

Decree No. Decree No. 52/2022/NĐ-CP dated August 8, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Director of the Department of Housing and Real Estate Market Management;

The Minister of Construction issues this Circular guiding the framework training program and knowledge enhancement for real estate brokerage and management of real estate exchange platforms.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the framework training program and knowledge enhancement for real estate brokerage and management of real estate exchange platforms as provided for in Clause 3 Article 69 of the Law on Real Estate Business No. 29/2023/QH15 dated November 28, 2023 (hereinafter referred to as the Law on Real Estate Business).

Article 2. Applicability

Training institutions providing training and knowledge enhancement for real estate brokerage and management of real estate exchange platforms in accordance with the Law on Real Estate Business.

Chapter II

FRAMEWORK TRAINING PROGRAM AND KNOWLEDGE ENHANCEMENT FOR

REAL ESTATE BROKERAGE PRACTICEMANAGEMENT OF REAL ESTATE EXCHANGE PLATFORMS

REAL ESTATE SERVICES

Section 1.

FRAMEWORK TRAINING PROGRAM AND KNOWLEDGE ENHANCEMENT FOR

REAL ESTATE BROKERAGE

Article 3. Basic Knowledge

Basic knowledge about real estate brokerage has a total duration of 32 class hours, including the following topics and contents:

1. Topic 1: Legal provisions regarding real estate business, including the following main contents:

a) Legal provisions regarding conditions for organizations and individuals engaging in real estate business;

b) Legal provisions regarding conditions for types of real estate and real estate projects put into business;

c) Legal provisions regarding the transfer of real estate projects;

d) Legal provisions regarding the business of land use rights with infrastructure in real estate projects;

đ) Legal provisions regarding contracts in real estate business activities;

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

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

2. Topic 2: Legal provisions regarding housing related to real estate business, including the following main contents:

a) Legal provisions regarding ownership of houses in Vietnam by foreign organizations and individuals;

b) Legal provisions regarding the subjects and conditions for owning houses in Vietnam;

c) Legal provisions regarding conditions for selling, leasing, and renting social housing.

3. Topic 3: Legal provisions regarding land related to real estate business, including the following main contents:

a) Legal provisions regarding issuance of certificates of land use rights and ownership of attached assets;

b) Legal provisions regarding the rights and obligations of land users;

c) Legal provisions regarding forms of land use and payment of land use fees and land rental fees;

d) Legal provisions regarding allocation, leasing, and changing the purpose of land use.

4. Topic 4: Legal provisions regarding investment related to real estate business, including the following main contents:

a) Legal provisions regarding procedures and formalities for implementing a real estate business investment project;

b) Contents of real estate business investment projects.

5. Topic 5: Legal provisions regarding civil matters related to real estate business, including the following main contents:

a) Legal provisions regarding legal entities;

b) Legal provisions regarding civil transactions;

c) Legal provisions regarding contracts.

6. Topic 6: Legal provisions regarding notarization related to real estate business, including the following main contents:

a) Cases requiring notarization of contracts;

b) Legal provisions regarding the authority to certify and responsibilities of certifying bodies and organizations;

c) Procedures and formalities for notarizing contracts related to real estate business activities.

7. Topic 7: Legal provisions regarding enterprises related to real estate business, including the following main contents:

a) Legal provisions regarding establishment of enterprises in the field of real estate business;

b) Legal provisions regarding documents and formalities for establishing enterprises in the field of real estate business.

8. Topic 8: Legal provisions regarding taxes, fees, and charges related to real estate business, including the following main contents:

a) Legal provisions regarding corporate income tax for real estate business enterprises;

b) Types of taxes payable when conducting real estate transactions.

9. Topic 9: Legal provisions regarding anti-money laundering related to real estate business, including the following main contents:

a) Legal provisions regarding prevention and combating money laundering in the real estate business sector;

b) Common methods and techniques of money laundering in the real estate business sector;

c) Measures for preventing and combating money laundering in the real estate business sector;

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

đ) Guidelines on reporting, providing, and storing information.

10. Topic 10: Legal provisions regarding administrative violations related to real estate business, including the following main contents:

a) Legal provisions regarding handling violations in real estate business; real estate service business; training and knowledge enhancement for real estate brokerage and management of real estate exchange platforms; management, use, declaration of information on housing and real estate market;

b) Legal provisions regarding statute of limitations and time limits for administrative penalties in real estate business;

c) Legal provisions regarding forms of administrative penalties for violations in real estate business.

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

a) Overview of real estate and the real estate market;

b) Classification of the real estate market;

c) Factors of the real estate market;

d) Trends in the real estate market;

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

12. Special Topic 12: Principles of Real Estate Valuation and Real Estate Pricing Consultation, including the following main contents:

a) Value and price of real estate;

b) Principles for determining the price of real estate;

c) Procedures for determining the price of real estate;

d) Approaches and basic methods used to determine the price of real estate;

đ) Information and data requirements in determining the price of real estate;

e) Real estate pricing consultation in real estate business activities.

Article 4. Professional Knowledge

Professional knowledge on real estate brokerage has a total duration of 24 class hours, including special topics and the following contents:

1. Special Topic 1: Overview of Real Estate Brokerage Services, including the following main contents:

a) Introduction to real estate brokerage services;

b) The role of real estate brokers in the real estate market;

c) Principles of real estate brokerage operations;

d) Conditions for operating real estate brokerage services and professional requirements for real estate brokers;

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

e) Experiences of other countries regarding real estate brokerage services;

g) Professional ethics of real estate brokers.

2. Special Topic 2: Process and Skills in Real Estate Brokerage, including the following main contents:

a) Collecting information on supply and demand for real estate;

b) Identifying parties involved in real estate brokerage transactions;

c) Preparing transaction files for real estate brokerage;

d) Mortgage documentation for real estate;

đ) Duration and steps to implement real estate brokerage transactions;

e) Real estate marketing;

g) Communication and negotiation skills in real estate transactions;

h) Sales presentation skills, listing, and advertising real estate;

i) Organizing and managing real estate brokerage organizations;

k) Contract drafting skills;

l) Legal risk management skills in real estate transactions;

m) Application of information technology and social media in real estate business.

Article 5. Practical Training and Final Exam

1. Practical training content has a total duration of 16 class hours, including the following special topics: Research on actual real estate brokerage activities at real estate brokerage organizations and writing a report on the findings.

2. Final exam content has a total duration of two class hours, including the following parts: Basic knowledge and professional knowledge sections:

- Examination time: 120 minutes

- Examination format: Essay, multiple choice, or a combination thereof.

Section 2.

FRAMEWORK TRAINING PROGRAM AND KNOWLEDGE ENHANCEMENT FOR

MANAGEMENT OF REAL ESTATE TRADING FLOORS

Article 6. Basic Knowledge

The total number of class hours, special topics, and main contents of each topic shall be implemented as prescribed in Article 3 of this Circular.

Article 7. Professional Knowledge

Professional knowledge on managing real estate trading floors has a total duration of 24 class hours, including the following special topics and contents:

1. Special Topic 1: Organization and Management of Real Estate Trading Floors, including the following main contents:

a) Introduction to real estate trading floors;

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;

đ) Operating regulations 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 about real estate and real estate business through real estate trading floors;

i) Organization of services at real estate trading floors.

2. Special Topic 2: Process and Skills in Real Estate Brokerage, including the following main contents:

a) Collecting information on supply and demand for real estate;

b) Identifying parties involved in real estate brokerage transactions;

c) Preparing transaction files for real estate brokerage;

d) Duration and steps to implement brokerage transactions;

đ) Real estate marketing;

e) Communication and negotiation skills in real estate transactions;

g) Organization and management of real estate brokerage offices;

h) Contract drafting skills.

Article 8. Practical Training and Final Examination

1. The practical content has a total duration of 16 periods, including the following topics: Understanding the actual operation of 1-2 real estate trading floors; writing a report on gains; Resolving some actual situations.

2. Final exam content has a total duration of two class hours, including the following parts: Basic knowledge and professional knowledge sections:

- Time for each part examination: 120 minutes.

- Examination format: Essay, multiple choice, or a combination thereof.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Transitional Provisions

Contents related to training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors, as stipulated in legal documents issued by the Ministry of Construction, other ministries, sectors, and provincial People's Committees before this Circular takes effect, which differ from the provisions within the scope of regulation of this Circular, shall be implemented according to the provisions of this Circular.

Article 10. Implementation Organization

1. The Department of Housing Management and Real Estate Market guides and coordinates with Provincial Construction Departments to organize inspections of training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors in accordance with the provisions of this Circular.

2. The provincial People's Committee shall have the following responsibilities:

a) Directing competent agencies at the local level to review, amend, and supplement relevant legal documents within their authority concerning training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors to ensure compliance with the provisions of the Law on Real Estate Business, Decree No. 96/2024/NĐ-CP dated July 22, 2024 of the Government detailing certain provisions of the Law on Real Estate Business, and this Circular;

b) Directing the implementation, inspecting, and examining compliance with the provisions of this Circular and handling violations within their authority or referring cases to competent authorities for handling on the local territory.

3. The Provincial Construction Department shall have the following responsibilities:

a) Monitoring and reporting to the provincial People's Committee and the Ministry of Construction on the activities of training and enhancing knowledge institutions for real estate brokerage practice and managing real estate trading floors on the local territory in accordance with the provisions of this Circular;

b) Monitoring, urging, and providing guidance to organizations and individuals regarding the implementation of relevant regulations concerning training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors on the local territory in accordance with the provisions of this Circular;

c) Inspecting compliance with legal provisions, resolving complaints and grievances, and handling violations related to training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors on the local territory within their authority or reporting to competent authorities for handling in accordance with the provisions of this Circular;

d) Performing other tasks assigned by the provincial People's Committee within their authority.

Article 11. Effective Date

1. This Circular takes effect from August 1, 2024.

2. The following documents are hereby abolished in full or in part:

a) Circular No. 11/2015/TT-BXD dated December 30, 2015 of the Minister of Construction on issuing real estate brokerage practice certificates; guiding the training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors; establishing and operating real estate trading floors;

b) Clause 2 of Circular No. 28/2016/TT-BXD dated December 15, 2016 on amending and supplementing certain provisions of Circular No. 10/2015/TT-BXD dated December 30, 2015 on training and enhancing knowledge for professional management and operation of apartment buildings, Circular No. 11/2015/TT-BXD dated December 30, 2015 on issuing real estate brokerage practice certificates; guiding the training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors; establishing and operating real estate trading floors, and the Regulation on the 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) Clause 2 of Circular No. 10/2018/TT-BXD dated December 26, 2018 of the Minister of Construction amending and supplementing certain clauses of Circular No. 10/2015/TT-BXD dated December 30, 2015 on training and enhancing knowledge for professional management and operation of apartment buildings, and Circular No. 28/2016/TT-BXD dated December 15, 2016 on amending and supplementing certain provisions of Circular No. 10/2015/TT-BXD dated December 30, 2015 on training and enhancing knowledge for professional management and operation of apartment buildings, Circular No. 11/2015/TT-BXD dated December 30, 2015 on issuing real estate brokerage practice certificates; guiding the training and enhancing knowledge for real estate brokerage practice and managing real estate trading floors; establishing and operating real estate trading floors, and certain provisions of the Regulation on the management and use of apartment buildings issued together with Circular No. 02/2016/TT-BXD dated February 15, 2016 of the Minister of Construction.