Conditions for setting up a real estate company

You are looking to set up a real estate company but do not know the regulations and conditions for the establishment? This article by TASCO will specifically inform business people about the conditions to set up a real estate company.

1. What is a real estate company?

🔰 Real estate business is the investment of capital to carry out construction activities, purchase, receive an assignment for sale or transfer; lease, sub-lease, lease-purchase real estate; real estate brokerage services; real estate trading floor services; real estate consulting or real estate management services for profit.

🔰 Real estate companies can be divided into 2 business forms as follows:

Real estate business: including activities: building, buying, receiving transfer for sale, transfer; lease, sublease, lease buy real estate.

Real estate service business: includes activities: performing real estate brokerage services; real estate trading services; real estate consulting or real estate management services for profit.

 2. Conditions for establishing a real estate company:

2.1. Real estate company:

🔗   Organizations and individuals dealing in real estate must establish an enterprise.

🔗  Organizations, households, and individuals that sell, transfer, lease, or lease-purchase real estate on a small scale, infrequently, are not required to establish businesses but must declare and pay tax following the law.

2.2. Real estate service company:

⏩ For real estate brokerage:

🔗 Must establish a business and must have at least 02 people with real estate brokerage practice certificates.

🔗  Individuals have the right to provide independent real estate brokerage services but must have a real estate brokerage practice certificate and register to pay tax following tax laws.

🔗  Organizations and individuals providing real estate brokerage services may not be both brokers and contract performers in a real estate transaction.          

⏩ For the form of real estate trading floor:

🔗  Organizations and individuals providing real estate trading floor services must establish an enterprise.

🔗  Enterprises providing real estate trading floor services must have at least 02 people with real estate brokerage practice certificates; Managers and operators of real estate trading floors must have a real estate brokerage practice certificate.

🔗 A real estate trading floor must have operating regulations, name, address, and physical and technical facilities that meet operational requirements.

⏩ For real estate consulting and management services:

🔗 Organizations and individuals providing real estate consulting services must establish an enterprise.

🔗 Organizations and individuals providing real estate management services must establish an enterprise. In the case of providing management services for condominiums and mixed-use buildings with residential purposes, they must fully satisfy the conditions prescribed by the law on housing., address, physical and technical


3. Procedures for setting up a real estate company:

3.1. Place of business license:

📌  Submit the application directly to the one-stop department at the Business Registration Office of the Department of Planning and Investment where the enterprise's head office is located.

📌  Register online at the National Business Registration Portal with a public digital signature or use a business registration account.

3.2. Procedures for setting up a real estate company:

👉 Step 1: Advise business people on the regulations on setting up a company

👉 Step 2: Prepare documents and give them to business people to sign.

👉 Step 3: TASCO will submit the application on your behalf and receive the results.

👉 Step 4: Hand over the registration certificate to entrepreneurs.

👉 Step 5: Post-establishment consultation.

3.3. Records include:

➥ Application for registration of real estate brokerage business;

➥ Charter of real estate brokerage company;

➥ List of founding members or shareholders (if it is a limited liability company with two or more members or a joint stock company)

➥ Valid copies of citizens' identification/IDs card/passports of members or founding shareholders, and legal representatives;

➥ In case the founding capital contributing member is an organization, it is necessary to add:

● A valid copy of the establishment decision, enterprise registration certificate, and other equivalent documents of the organization;

● A document appointing an authorized representative of the organization, a valid copy of the ID card/ citizens identification /passport of the authorized representative of the member being the organization.

➥ Authorization letter for another person to submit the application and receive the result (in case the legal representative does not directly do it);

➥ A valid copy of citizen identification /ID card/passport of the person authorized to submit the application

⇒ Register here for TASCO's earliest advice or contact hotline: 0975480868 (Zalo)


TASCO – THE HIGHEST RESPONSIBLE TAX AGENT OF EVERY SERVICE

Hotline: 0854862446 - 0975480868 (zalo)

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