I plan to establish a real estate brokerage company. What conditions does my company need to meet, and what are the required documents and procedures?
Trả lời:
1. Conditions for establishing a company
- Establish a business in accordance with the law on enterprises:
+ Single-member Limited Liability Company
+ Multi-member Limited Liability Company
+ Joint Stock Company
- Regulations on provision of real estate brokerage 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 real estate broker.
- Before providing real estate brokerage services, the real estate brokerage 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 Law on Real Estate Business 2023.
Legal basis: Clause 1 Article 61 Law on Real Estate Business 2023
2. Conditions for physical and technical facilities
- Physical facilities of an enterprise are its premises which have specific names and addresses and have been continuously operating for more than 12 months.
- Technical facilities of an enterprise are a system of machinery.
Legal basis: Article 18 Decree 96/2024/ND-CP
3. Procedures for company establishment
Step 1: Choose the type of business entity:
- Limited Liability Company (Single-member or Multi-member)
- Partnership Company
- Joint Stock Company
Step 2: Prepare company registration documents:
- Application for enterprise registration
- Company charter
- List of members (for multi-member LLC) / List of founding shareholders (for joint-stock company)
- A valid copy of identification documents of the legal representative and contributing members/shareholders
- Investment registration certificate (if the company is established or co-founded by a foreign investor or a foreign-invested economic organization)
Step 3: Submit the Application to the Department of Planning and Investment of the Province/City (Currently renamed as the Department of Finance) through one of the following methods:
- At the Business Registration Office
- Via postal service
- Online via the National Business Registration Portal
Step 4: Wait for the result:
Within 3 - 5 working days from the date of submission:
Step 5: Perform post-licensing procedures:
A real estate brokerage business must submit its company information to the provincial real estate business management authority where the company is established to be published on the housing and real estate market information system.
