Decree No. 153/2007/ND-CP details and guides the implementation of the Law on Real Estate Business regarding statutory capital, sale of houses under construction, financial capacity conditions for project investors, project transfer, training and upgrading knowledge in real estate brokerage and valuation. This document applies to organizations and individuals engaged in real estate business and managing such activities.
Đối tượng áp dụng
Organizations and individuals engaged in real estate business; state agencies authorized to manage real estate business activities.
Các điểm cốt lõi
- Enterprises and cooperatives engaged in real estate business must have a statutory capital of 6 billion Vietnamese dong.
- Project investors in real estate business projects may not mobilize advance payment before commencing the construction of technical infrastructure according to the schedule.
- Companies and individuals wishing to transfer a whole new urban area, residential area, or industrial zone technical infrastructure project must meet specific conditions and procedures.
- Individuals applying for a real estate brokerage certificate must complete a training course and not be state officials or civil servants.
- Project investors in real estate business projects must have financial capacity appropriate to the scale of the project.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Creating a clear legal basis for real estate business activities, protecting consumer rights.
- Negative impact: May increase investment costs and administrative procedures for real estate business projects.
❓ Câu hỏi thường gặp
What is the statutory capital of enterprises engaged in real estate business?
6 billion Vietnamese dong.
When can project investors mobilize advance payment?
After commencing the implementation of technical infrastructure construction according to the schedule and content of the project that has been approved.
What conditions are required to transfer a whole project?
The project must not be subject to handling, must have been approved, the investor must have land use rights, completed land clearance compensation work, and the new investor must meet the conditions stipulated by regulations.
What conditions are required for individuals applying for a real estate brokerage certificate?
Not being a state official or civil servant; having full capacity for civil acts; not being prohibited from practicing and having completed a training course.
How many people with certificates are required for a company engaged in real estate brokerage services?
Depending on the scale of operations, but must ensure the number required by law.
Toàn văn
DECREE
Detailed regulations and guidance on the implementation of the Law on Real Estate Business
_________________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Law on Real Estate Business dated June 29, 2006;
Considering the proposal of the Minister of Construction,
DECREE:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree provides detailed regulations and guidance on the implementation of the Law on Real Estate Business regarding types of real estate for business purposes; statutory capital for organizations and individuals engaged in real estate business; sale and purchase of houses and construction works on a prepayment basis; financial capacity conditions for project investors in real estate business; transfer of entire new urban area projects, housing projects, and industrial infrastructure projects; training, enhancing knowledge, and issuing certificates for real estate brokers, appraisers, and management of real estate trading floors; state management over real estate business activities.
Article 2. Types of real estate for business purposes
1. Houses and construction works as prescribed by laws on construction that can be put into business include: civil works; industrial works; transportation works; water conservancy works; technical infrastructure works, except for certain types of houses and construction works as follows: official housing; government agency headquarters; national secret works; security and defense works; historical, cultural, scenic spots recognized as state-owned properties and other works prohibited from being traded under the law.
2. Land use rights may participate in the real estate market as prescribed by laws on land.
3. Real estate consisting of houses, construction works, and land use rights as stipulated in Clause 1 and Clause 2 of this Article must meet the conditions set forth in Article 7 of the Law on Real Estate Business to be eligible for business.
4. Based on actual economic and social development and real estate market conditions, the Prime Minister adjusts and supplements types of real estate for business purposes and other real estate as stipulated in point c, Clause 1, Article 6 of the Law on Real Estate Business to suit current circumstances.
Chapter II
REAL ESTATE BUSINESS
Article 3. Statutory Capital for Enterprises and Cooperatives Engaged in Real Estate Business
1. Enterprises and cooperatives engaged in real estate business must have a statutory capital of 6 (six) billion Vietnamese dong.
2. The confirmation of statutory capital for enterprises and cooperatives shall be carried out in accordance with the provisions of laws on enterprises, cooperatives, and business registration.
Article 4. Sale and Purchase of Houses and Construction Works Formed in the Future on a Prepayment Basis
Project investors in real estate business and customers must ensure the following principles and requirements in their contracts for the sale and purchase of houses and construction works formed in the future on a prepayment basis:
1. Prepayments must be made in multiple installments, with the first installment only allowed to be collected when the investor has commenced the construction of technical infrastructure according to the approved project schedule and content. Subsequent prepayment collections must align with the construction progress of the house or construction work;
For housing projects, in addition to complying with the above provisions, they must also comply with the provisions of the law on housing;
2. Investors must use prepayments from customers strictly for the purpose of creating real estate;
3. Customers making prepayments are entitled to the purchase price or transfer price of real estate at the time of signing the contract, unless otherwise agreed by both parties;
4. In case the investor delivers real estate later than the schedule specified in the contract, the investor must bear responsibility towards the customer according to the contract and pay the customer an interest amount on the prepayment portion calculated based on the commercial bank loan interest rate at the time of delivering the real estate corresponding to the delay period;
If the investor delivers houses or construction works not meeting quality standards, deadlines, and commitments in the contract, the investor must bear responsibility towards the customer; the customer has the right to request the investor to take timely corrective measures and compensate for losses caused by the investor's fault; if the investor does not comply, the customer has the right to unilaterally terminate or cancel the contract, and the investor must refund the full amount of prepayments made by the customer and an interest amount on the prepayment portion according to the commercial bank loan interest rate;
5. In case the customer fails to fulfill the commitment regarding prepayment in the contract, the customer must bear responsibility towards the investor according to the contract and pay the investor an interest amount on the delayed payment calculated based on the commercial bank loan interest rate at the time of payment corresponding to the delay period. The investor has the right to request the customer to fulfill the commitments in the contract and compensate for losses caused by the customer's fault; if the customer does not comply, the investor has the right to unilaterally terminate or cancel the contract, the customer will be subject to penalties under the contract and bear responsibility for losses caused by the breach of contract;
6. The selection of the commercial bank loan interest rate as stipulated in Clause 4 and Clause 5 of this Article must be agreed upon in the contract.
Article 5. Financial capacity conditions for the project investors of new urban areas, residential area projects, and industrial zone technical infrastructure projects
1. The project investor of new urban areas, residential area projects, and industrial zone technical infrastructure projects must have their own capital to implement the project according to the following provisions:
a) For new urban area projects and industrial zone technical infrastructure projects, it shall not be less than 20% of the total investment amount of the project approved;
b) For residential area projects, it shall not be less than 15% of the total investment amount of the project with land use scale under 20 hectares, and not less than 20% of the total investment amount of the project with land use scale of 20 hectares or more approved.
2. The total investment amount of new urban area projects, residential area projects, and industrial zone technical infrastructure projects shall be implemented in accordance with the relevant laws.
3. The investor's own capital is the actual capital of the investor calculated up to the year immediately preceding the year in which the investor implements the new urban area project, residential area project, or industrial zone technical infrastructure project, as reflected in the investor’s financial report and must be confirmed by an independent audit. In cases where the investor is a newly established enterprise or cooperative, they must have a confirmation document from the competent authority.
The investor is responsible for proving their financial capacity to implement the project through the establishment of a list of ongoing investment projects, specifying the total investment capital of each project.
Article 6. Transfer of the entire new urban area project, residential area project, and industrial zone technical infrastructure project
1. Transferring the entire new urban area project, residential area project, and industrial zone technical infrastructure project involves transferring all rights, obligations, and legitimate benefits from the old investor to the new investor through a written contract and approval by the competent state agency.
2. In cases where the new urban area project, residential area project, or industrial zone technical infrastructure project is being carried out but the investor encounters difficulties, does not meet the conditions to continue implementing the project according to the approved schedule and content, or the investor no longer wishes to continue implementing the project, the investor must prepare a report to submit to the provincial People's Committee for consideration and permission to transfer the entire project to another investor.
3. The investment approval agency is also the agency that approves the project transfer. The examination and approval of the project transfer must ensure that the project is not interrupted, does not change the objectives, and guarantees the rights and obligations of customers and other related parties.
4. Conditions and procedures for transferring the entire project are implemented in accordance with Articles 7 and 8 of this Decree.
5. The old investor is responsible for promptly, fully, publicly informing and properly resolving the legitimate rights and interests of customers and other related parties.
6. The new investor is responsible for fulfilling all obligations and enjoying all rights and benefits of the project investor as stipulated in Articles 19 and 20 of the Law on Real Estate Business, regulations in the investment approval document of the competent state agency, and the project transfer contract signed by both parties.
Article 7. Conditions for the transfer of the entire new urban area project, residential area project, and industrial zone technical infrastructure project
The project may be transferred entirely when it meets all of the following conditions:
1. The project does not fall under the objects subject to handling according to the provisions of Article 10 of this Decree;
2. The project has been approved in accordance with the provisions of the law;
3. The investor has acquired land use rights through a land lease contract or a land allocation decision or a land use right certificate;
4. All land clearance compensation work of the entire project or by stages must be completed, and corresponding technical infrastructure works must be in place in accordance with the content and progress of the project that has been approved;
5. The new investor must meet the following conditions:
a) It is an organization or individual engaged in real estate business that satisfies the conditions stipulated in Clause 1, Article 8 of the Law on Real Estate Business and Article 3 of this Decree;
b) It meets the financial conditions for the investor of the project as prescribed in Article 5 of this Decree;
c) It has a commitment document to implement the project in accordance with the approved schedule.
Article 8. Procedures for transferring the entire new urban area project, residential area project, and industrial zone technical infrastructure project
1. For projects permitted by the Provincial People's Committee, the Provincial People's Committee shall examine and resolve. For projects permitted by the Prime Minister, the Provincial People's Committee shall seek opinions from relevant agencies to report to the Prime Minister for decision.
2. The investor sends the application dossier for transferring the entire project to the Provincial People's Committee where the project is located. The application dossier for transferring the entire project includes:
a) The application for transferring the entire project must clearly state the reasons for the transfer; the investment implementation situation of the project up to the date of application for transfer; proposals for the new investor; plans to address the rights and obligations of customers and related parties;
b) The investment permit document issued by the competent state agency;
c) The project dossier that has been approved in accordance with the law;
d) The land lease contract or land allocation decision or land use right certificate;
đ) The commitment of the new investor.
3. Within forty-five days from the date of receiving complete valid dossiers, the Provincial People's Committee shall be responsible for examining and replying in writing to the investor regarding permission or non-permission to transfer the entire project.
Article 9. Contract for transferring the entire new urban area project, residential area project, and industrial zone technical infrastructure project
1. The contract for transferring the entire project is agreed upon by both parties, wherein it must clearly define the new investor's responsibility to fulfill all obligations of the previous investor towards customers, related parties, and other obligations according to the content of the project that has been approved.
2. The contract for transferring the entire project must be notified by the previous investor to customers, related parties for implementation, and relevant agencies for monitoring and management.
Article 10. Handling of new urban area projects, residential area projects, and industrial zone technical infrastructure projects when the investor violates regulations
1. The investment approval agency decides to revoke the investment permit document or investment certificate to assign another investor to continue implementing the project in the following cases:
a) The investor violates laws on investment construction, planning, architecture, land management without timely remedial measures as required by the competent state agency;
b) The investor does not implement the project content correctly or fails to commence the project within twelve months from the date of land handover or delays the project progress by more than twenty-four months compared to the approved schedule.
2. An investor whose project is revoked under Clause 1 of this Article shall not be assigned as the investor of new real estate business projects for two years from the date the project is revoked.
3. The agency deciding to revoke the investment permit document or investment certificate shall be responsible for:
a) Requesting the previous investor to resolve the remaining issues of the project to ensure the rights, obligations, and responsibilities of customers and related parties;
b) Announcing and organizing the selection of a new investor to continue implementing the project.
Chapter III
TRAINING, ENHANCEMENT OF KNOWLEDGE, ISSUANCE OF REAL ESTATE BROKERAGE AND VALUATION CERTIFICATES AND MANAGEMENT AND OPERATION OF REAL ESTATE TRADING FLOORS
Article 11. Training and enhancing knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors
1. Individuals engaged in real estate brokerage, valuation, and management and operation of real estate trading floors must be trained and enhanced with legal and specialized knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors.
2. Training and enhancement institutions for real estate brokerage, valuation, and management and operation of real estate trading floors must meet the conditions stipulated in Article 12 of this Decree.
3. Training and enhancement institutions may organize training and enhancement of knowledge on real estate brokerage, valuation, management and operation of real estate trading floors, and other relevant contents to meet the requirements of real estate business activities and the real estate market.
Article 12. Conditions for training and enhancement institutions for real estate brokerage, valuation, and management and operation of real estate trading floors
Training and enhancement institutions for real estate brokerage, valuation, and management and operation of real estate trading floors must satisfy the following conditions:
1. Having a business registration for training for enterprises or having training functions and tasks for other organizations;
2. Having programs, textbooks, and materials consistent with the framework program issued by the Ministry of Construction;
3. Lecturers must have professional qualifications and teaching experience meeting the requirements of the courses. Lecturers are professional teachers, experts, managers, and individuals with certificates and experience in real estate business activities.
Article 13. Organization of training and enhancement of knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors
1. Before conducting training and enhancement of knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors, training institutions must post on the Ministry of Construction's website information about the institution's name and contact address; fields, training programs, and knowledge enhancement programs; faculty members. When organizing training and enhancement of knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors, training institutions must notify in writing the local Construction Department where the training takes place.
2. The head of the training and enhancement institution for real estate brokerage, valuation, and management and operation of real estate trading floors decides and is responsible for the following contents:
a) Organizing training and enhancement courses on real estate brokerage, valuation, and management and operation of real estate trading floors within the scope registered;
b) Approving training and enhancement programs, textbooks, and materials on real estate brokerage, valuation, and management and operation of real estate trading floors based on the framework program of the Ministry of Construction; ensuring that trainees are provided with legal knowledge on real estate business activities and related laws, professional knowledge, and skills in real estate brokerage, valuation, and management and operation of real estate trading floors;
c) Collecting tuition fees to ensure coverage of training costs and compliance with state regulations;
d) Organizing the assessment of learning outcomes and issuing certificates of completion of training and enhancement courses to trainees.
3. Training and enhancement institutions are required to report periodically every six months on the results of training and enhancement of knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors to the local Construction Department where the main office is located.
Annually, the Construction Department is required to report to the Ministry of Construction on the situation of training and enhancement of knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors.
The Ministry of Construction is responsible for coordinating with provincial People's Committees to inspect training and enhancement institutions, promptly identifying and handling institutions that violate the organization of training and enhancement of knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors.
Article 14. Conditions and Documents for Issuing Real Estate Broker Certificate
1. An individual shall be issued a real estate broker certificate if they meet the following conditions:
a) Not being a state civil servant;
b) Having full capacity to act in civil matters, not being prohibited from practicing according to the decision of the competent authority; not currently under criminal prosecution or serving a prison sentence;
c) Holding a certificate confirming completion of training courses on real estate brokerage knowledge;
d) Submitting the application documents for issuing a real estate broker certificate as stipulated in Clause 2 of this Article.
2. The application documents for issuing a real estate broker certificate include:
a) An application form with a photograph attached and confirmed by the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) where the applicant resides;
b) Two color photographs measuring 3 x 4 cm taken within the year of applying for the certificate;
c) A copy of the identity card or passport of the applicant;
d) A copy of the certificate confirming completion of training courses on real estate brokerage knowledge.
Article 15. Conditions and Documents for Issuing Real Estate Appraiser Certificate
1. An individual shall be issued a real estate appraiser certificate if they meet the following conditions:
a) Not being a state civil servant;
b) Having full capacity to act in civil matters; not being prohibited from practicing according to the decision of the competent authority; not currently under criminal prosecution or serving a prison sentence;
c) Holding a certificate confirming completion of training courses on real estate appraisal knowledge;
d) Holding a college or university graduation diploma;
đ) Submitting the application documents for issuing a real estate appraiser certificate as stipulated in Clause 2 of this Article.
2. The application documents for issuing a real estate appraiser certificate include:
a) An application form with a photograph attached and confirmed by the People's Committee of the commune where the applicant resides;
b) Two color photographs measuring 3 x 4 cm taken within the year of applying for the certificate;
c) A copy of the identity card or passport of the applicant;
d) A copy of the certificate confirming completion of training courses on real estate appraisal knowledge;
đ) A copy of the college or university graduation diploma.
Article 16. Procedures and Organization for Issuing Real Estate Broker and Appraiser Certificates
1. Individuals applying for real estate broker and appraiser certificates shall submit their application documents to the competent authority designated by the Provincial People's Committee.
2. The competent authority issuing the certificate shall be responsible for receiving, examining the documents, and issuing the certificate within ten working days from the date of receipt of complete and valid documents. In case of missing or invalid documents, a written response explaining the reasons must be provided to the applicant within five days from the date of receipt of the documents.
3. Applicants for certificates must pay a fee for issuing the real estate broker and appraiser certificates amounting to 200,000 (two hundred thousand) VND. The issuing authority may use this fee for issuing certificates in accordance with the laws on fees and charges.
4. The real estate broker and appraiser certificates issued shall be valid throughout the country.
The Ministry of Construction shall issue models of real estate broker and appraiser certificates for uniform application throughout the country.
Article 17. Rights and Obligations of Applicants for Certificates, Responsibilities of Authorities Issuing Real Estate Broker and Appraiser Certificates
1. Applicants for real estate broker and appraiser certificates have the following rights:
a) Requesting relevant state authorities to provide information related to training, issuing certificates, and managing real estate brokerage and appraisal practices;
b) Requesting issuance of the certificate within the prescribed time frame when all conditions are met;
c) Practicing real estate brokerage and appraisal activities in accordance with the contents of the issued certificate;
d) Filing complaints and reports against violations in training, issuing certificates, and managing real estate brokerage and appraisal practices in accordance with the laws on complaints and reports;
đ) Other rights as prescribed by law.
2. Applicants for real estate broker and appraiser certificates have the following obligations:
a) Submitting application documents in accordance with regulations and bearing legal responsibility for their application documents;
b) Paying the prescribed fee;
c) Other obligations as prescribed by law.
3. The issuing authority has the responsibility to publicly disclose information, procedures, and documents related to issuing certificates, and bear responsibility for delayed, incorrect issuance, or negative actions causing inconvenience to applicants, and compensate for losses caused in accordance with the law.
Article 18. Reissuing Real Estate Brokerage Certificates and Real Estate Valuation Certificates
1. Individuals who have been issued real estate brokerage certificates or real estate valuation certificates may request reissuance of such certificates when the original certificates are torn or lost.
2. The application for reissuance of certificates shall include:
a) An application form for reissuance of certificate with attached photograph;
b) Two color photographs measuring 3 x 4 cm taken within the year of application for reissuance;
c) The original certificate that is torn. In case of loss of the certificate, there must be a confirmation letter from the issuing authority if applying for reissuance at another authority.
3. The procedures for reissuing certificates shall be carried out in accordance with the provisions of Article 16 of this Decree.
4. The content of the reissued certificate shall be recorded as the content of the original certificate.
Article 19. Management of Real Estate Brokerage and Real Estate Valuation Activities
1. Local authorities managing real estate business activities, and authorities issuing real estate brokerage and valuation certificates shall be responsible for:
a) Managing real estate brokerage and valuation activities in their locality in accordance with the law;
b) Inspecting, auditing, and promptly handling violations within their authority or referring to competent authorities for handling in accordance with the law;
c) Annually or at any time (upon request), compiling and reporting to the Ministry of Construction on the situation of issuance, revocation of certificates and management of real estate brokerage and valuation activities in their locality.
2. Foreign individuals and Vietnamese individuals holding valid real estate brokerage and valuation certificates issued by foreign countries shall be recognized and used to practice in Vietnam. Certificates issued by foreign countries must be translated into Vietnamese and notarized or certified in accordance with Vietnamese law and submitted to local real estate business activity management authorities for monitoring and management.
Article 20. Revocation of Real Estate Brokerage Certificates and Real Estate Valuation Certificates
1. Authorities issuing real estate brokerage and valuation certificates shall be responsible for revoking certificates in the following cases:
a) The holder of the certificate loses civil capacity;
b) The holder of the certificate makes false declarations in the application for issuance of the certificate;
c) The certificate has been erased or altered;
d) The holder of the certificate lends or rents the certificate to others for practice;
d) The certificate holder violates the principles of practice stipulated in Articles 44 and 51 of the Law on Real Estate Business and the content recorded in the certificate;
e) The holder of the certificate violates regulations to the extent that the certificate must be revoked according to the provisions of the law.
2. Individuals whose certificates are revoked shall not be eligible to reissue certificates for a period of five years from the date of the decision to revoke the certificate.
Article 21. Conditions for Managers and Operators of Real Estate Trading Floors
Managers and operators of real estate trading floors must meet the following conditions:
1. Have full civil capacity; not currently under criminal investigation or serving a prison sentence;
2. Hold a certificate confirming completion of training courses on management and operation of real estate trading floors;
3. Not prohibited from practicing according to a decision by a competent authority.
Chapter IV
STATE MANAGEMENT RESPONSIBILITIES FOR REAL ESTATE BUSINESS ACTIVITIES
Article 22. Responsibilities of Ministries and Agencies
1. The Ministry of Construction is responsible before the Government for state management of real estate business activities, including:
a) Drafting and submitting to competent authorities for promulgation of new, amended, or supplemented legal documents on real estate business activities or promulgating them within its authority;
b) Developing and submitting to the Prime Minister for approval strategies and policies for developing the real estate market;
c) Leading and coordinating with ministries, agencies at the same level, provincial people's committees, and centrally-administered city people's committees in managing real estate business activities;
d) Managing the organization of training and upgrading knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors;
đ) Issuing a framework program for training and upgrading knowledge on real estate brokerage, valuation, and management and operation of real estate trading floors; issuing models of real estate brokerage and valuation certificates; guiding the management of training and upgrading knowledge and practice of real estate brokerage, valuation, and management and operation of real estate trading floors;
e) Establishing and managing the operation of information systems on the real estate market and real estate business activities;
g) International cooperation in the field of real estate business activities;
h) Inspecting, auditing real estate business activities and managing real estate business activities, resolving complaints and handling violations within its authority or referring to competent authorities for handling according to the law;
i) Regularly or at any time reporting to the Prime Minister on the situation of real estate business activities nationwide.
2. The Ministry of Natural Resources and Environment, within its scope of duties and powers, is responsible for guiding the implementation of regulations on managing land types participating in the real estate market, and issuing specific regulations on the rights to use land types allowed for business operations under the Law on Real Estate Business.
3. The Ministry of Finance, within its scope of duties and powers, is responsible for guiding tax, fee, and charge regimes applicable to real estate business activities; guiding professional liability insurance for real estate valuation.
4. The State Bank of Vietnam, within its scope of duties and powers, is responsible for researching and issuing credit support mechanisms, guiding payment procedures in real estate transactions through banks and credit institutions operating in Vietnam to create favorable and safe conditions for transaction participants.
5. Relevant ministries and agencies, within their scope of duties and powers, are responsible for coordinating with the Ministry of Construction in organizing and managing real estate business activities.
Article 23. Responsibilities of the People's Committees of provinces and centrally governed cities
1. Implement state management over real estate business activities within their jurisdiction.
2. Approve investment and transfer of real estate business projects within their authority.
3. Directly invest, support investment, or adopt policies to encourage investment in new urban area projects, housing projects, and industrial zone technical infrastructure at the local level in accordance with the law.
4. Direct and organize the issuance and revocation of real estate brokerage certificates and real estate valuation certificates; specify the agencies issuing real estate brokerage and valuation certificates to ensure they are suitable for local conditions, simplify procedures, and not cause undue inconvenience to those applying for certificates.
Manage real estate brokerage practices, real estate valuation practices, and the operation of real estate trading floors and other real estate services within their jurisdiction.
5. Promote and disseminate laws on real estate business, establish a system of information on the real estate market within the province.
6. Inspect, audit, and handle violations related to real estate business activities in accordance with the law.
7. Regularly report annually or at any time to the Ministry of Construction on the situation of real estate business activities and their management at the local level.
Chapter V
IMPLEMENTING PROVISIONS
Article 24. Transitional Provisions
1. Organizations and individuals who have been granted business registration certificates for real estate business and real estate service business before this Decree takes effect shall continue to operate without having to re-register. For organizations and individuals who have registered for real estate brokerage and valuation services but do not yet have sufficient certified personnel, they may continue to operate but must supplement the required certified personnel according to regulations by January 1, 2009.
2. From the date this Decree takes effect until December 31, 2008, organizations and individuals registering for real estate brokerage services, real estate valuation services, and real estate trading floor services that do not yet have sufficient certified personnel or certificates shall still be granted business registration certificates provided that they must complete the required certifications or certificates by December 31, 2008.
As of January 1, 2009, organizations and individuals registering for real estate brokerage services, real estate valuation services, and real estate trading floor services must have sufficient certified personnel or certificates in accordance with the regulations.
From the date this Decree takes effect until December 31, 2008, individuals holding appraisal cards issued by competent state authorities under Decree No. 101/2005/NĐ-CP dated August 3, 2005 on appraisal, and individuals holding construction cost engineer certification under Decree No. 99/2007/NĐ-CP dated June 13, 2007 on construction project cost management can provide real estate valuation services.
As of January 1, 2009, individuals holding appraisal cards and construction cost engineer certifications who engage in real estate valuation services must hold real estate valuation certificates. To obtain a real estate valuation certificate, individuals holding appraisal cards and construction cost engineer certifications only need to study additional subjects missing from the framework training program on real estate valuation knowledge issued by the Ministry of Construction. The certificate of completion of these additional subjects replaces the certificate of completion of the entire training course on real estate valuation knowledge.
Article 25. Effective Date
This Decree shall take effect fifteen days after its publication in the Official Gazette.
Article 26. Implementation
1. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree.
2. The Minister of Construction is responsible for guiding, monitoring, and inspecting the implementation of this Decree./.
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