Question: We are planning to establish a company operating a real estate exchange. Could you please advise on the procedures for setting up such a business? Additionally, are there any key points we should be aware of during the process?
Answer:
1. Conditions:
- Legal entity requirement: Any organization or individual that wishes to provide real estate services must establish real estate service enterprise.
Legal basis: Clause 5, Article 9 of Law on Real Estate Business 2023
- The manager or operator of a real estate trading floor must meet the following eligibility requirements:
- He/she has the rights to manage enterprises in Vietnam in accordance with provisions of the Law on Enterprises;
- He/she has successfully completed a training course in management and operation of real estate trading floor, and been issued by the training institution with a certificate of completion of training course in management and operation of real estate trading floor.
Legal basis: Clause 1, Article 55 of Law on Real Estate Business 2023
- Regarding the name of enterprise: Name of the enterprises shall be decided by the organization or individual establishing that floor in accordance with provisions of the Law on Enterprises and must not be identical or confusingly similar to the name of another enterprise providing real estate trading floor services which has been duly registered.
Note: Name of enterprise providing real estate trading floor services must contain the phrase “sàn giao dịch bất động sản” (“real estate trading floor”)
Legal basis: Clause 2, Article 54 of Law on Real Estate Business 2023
- The real estate trading floor must be established and registered in accordance with provisions of Law.
- Process of trading in real estate on the real estate trading floor must be promulgated and made public available.
- The real estate trading floor must be located at a fixed place which has been duly registered, and have sufficient material and technical facilities to serve its operations.
- The enterprise’s legal representative and the real estate trading floor’s manager or operator must be responsible for the operations of the real estate trading floor. The enterprise's legal representative may be also the real estate trading floor’s manager or operator.
- The real estate trading floor must have a specific name and address, and have been continuously operating for more than 12 months, and have technical equipment that meets the requirements according to the operations of the real estate trading floor.
- The real estate trading floor is responsible for implementing anti-money laundering measures and submitting reports on anti-money laundering in accordance with anti-money laundering laws.
Legal basis: Article 55 of Law on Real Estate Business 2023 and Article 15 Decree 96/2024/ND-CƠ
2.The application for registration includes:
- An application for registration of the real estate trading floor (using the form in Appendix XVII).
- A certificate of enterprise registration. - Documents proving rights to use the headquarters of the real estate trading floor.
- Copy of the certificate of completion of training course in management and operation of real estate trading floor of the manager or operator of the real estate trading floor.
- List of real estate brokers who have been granted practicing certificates for real estate brokers.
3. Order and procedures for registration of establishment of a real estate trading floor business enterprise
Step 1: Registering the Company with at the provincial Department of Finance where the company is headquartered
Business registration procedures follow the Enterprise Law 2020 and Decree 168/2025/ND-CP.
Processing Time: Within 03 working days of receiving a complete application, the business registration authority will review and issue a decision.
Step 2: Applying for a real estate business license Organizations and individuals establishing a real estate trading floor shall submit the application dossier to the Department of Construction where the trading floor’s head office is located through one of the following three methods in order to be granted an operation license:
- Direct submission;
- By postal service;
- Online submission.
Step 3: Within 15 working days from the date of receipt of the application dossier, the Department of Construction where the real estate trading floor’s head office is located shall check the application and issue one of the following decisions:
- Grant an Operation License to the real estate trading floor (Form in Appendix XVIII);
- In case of refusal, provide a written notification with explanation for the rejection.
Step 4: After granting the Operation License to the real estate trading floor, the Department of Construction where the head office is located shall report to the Ministry of Construction to publish the information of the real estate trading floor on the Ministry of Construction’s electronic portal.
Legal basis: Article 14 of Decree No. 96/2024/NĐ-CP and Articles 25 and 26 of Decree No. 144/2025/NĐ-CP.
Consulting reference: Real estate and construction services
