CIRCULAR Guide made some content of Decree 153/2007/ND-CP dated 15 October 2007 of the Government detailing and guiding the implementation of the law on real estate business pursuant to Decree No. 17/2008/ND-CP DATED April 2, 2008 of the Government functions duties, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 153/2007/ND-CP dated 15 October 2007 of the Government detailing and guiding the implementation of the law on real estate business;
Pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization to the professional body in the people's committees of provinces and cities under central;
The Build Guide and some specific content: part I GUIDELINES, CONFIRMATION PROCEDURE of CAPITAL in REAL ESTATE BUSINESS 1. Order confirmation procedure capital when establishing business property or additional business lines of business property (as defined in paragraph 2 of article 3 of Decree 153/2007/ND-CP on 15/10/2007 the Government detailing and guiding the implementation of the law on real estate business , hereinafter referred to as the Decree 153/2007/ND-CP): cooperative enterprises in the real estate business is new or established businesses, cooperatives are active (hereinafter referred to as enterprise) there is additional demand for business real estate, in addition to the prescribed records about business registration procedures, they must have more capital confirmation text sent to the Agency the level of business registration to certification procedures to register additional business or business property as defined as follows: 1.1. For established businesses, the new records to confirm legal capital include: 1.1.1. A capital contribution of the founders for the company or of the founders for the limited liability company (LTD) has two members; the decision delivered owner's equity for the company limited which is owned by an organization; a registered owner's capital for business and private enterprise for a member company that owner is the individual;
1.1.2. where the amount of capital to be contributed by the money they must have written confirmation of the commercial banks are allowed to operate in Vietnam on the amount deposited by the founding members. The minimum deposit amount must equal the amount of capital contributed by the money of the founders and only be disbursed after the enterprise was granted the certificate of business registration;
1.1.3. where the amount of capital contributed by the property must have the certificate of organization of valuation functions are active in Vietnam about the valuation of the property was brought into the building. Certificates must be valid as of the filing date in the business register.
1.2. for active corporate needs additional real estate business, the legal capital verification records must have written confirmation of the audit organization independent of the level of existing capital owned by enterprises that are recorded in the financial statements of the enterprise at the time the closest (in registered or in adjacent years before registering) the security is greater than or equal to the level of capital as defined in the Decree 153/2007/ND-CP (6).
1.3. During the process of operation, the real estate business to maintain capital levels not lower the level of capital (including business has been granted a certificate of registration of the real estate business before the date the Decree 153/2007/ND-CP of effect).
1.4. organizations and individuals directly confirm the same capital jointly take responsibility for the accuracy and honesty of the capital at the time of confirmation.
2. Order confirmation procedure, which is owned by the owner when registering the project for a new city, residential projects, industrial zones and infrastructure projects (as defined in article 5 of the Decree 153/2007/ND-CP) 2.1. Capital owned by the investor is the real capital of the owner as of years ago adjacent in the investor of the project is identified through the financial statements of the enterprise, the confirmation of the independent audit organization.
2.2. for investors is the new established businesses, real capital has been defined as follows: 2.2.1. For Vietnam's money capital or foreign currency shall not be commercial banks where the business open account verification of deposit balance of the business. The time of confirmation within thirty (30) days until applying for approved projects;
2.2.2. for a capital asset must have the certificate of organization of valuation functions are active in Vietnam about the valuation of assets of the business. The deed must guarantee is valid as of the day applying for approved projects.
2.3. for the owner of the new urban projects, housing projects, projects of technical industrial zone must meet capital levels in its possession in accordance with paragraph 1 article 5, Decree 153/2007/ND-CP, namely: 2.3.1. The level of capital owned that the investor must meet to be determined on the basis of the total investment of each project. In it, the total investment of the project is determined by the provisions of the law on management of construction costs;
2.3.2. where the project owner has the right to use the land, the land of the project was to be compensation, clearance, the project owner is the owner of the level 1 (only business infrastructure investment), the total investment in the project of the capital portion only of the technical infrastructure works , not including the cost of land use; the cost of clearance compensation, investment costs to build other buildings.
Part II the GUIDE SOME CONTENT ABOUT the ENTIRE PROJECT on the move nhựợng the entire project new urban housing projects, infrastructure projects, industrial engineering (as defined in the Article 6.7, 8 and 9 of Decree 153/2007/ND-CP) as follows: 1. The authority to allow transfer of the entire project : 1.1. The State Agency has the authority to allow investment in the project is the Agency allow the transfer of the entire project.
1.2. Before the decision to allow the transfer of the entire project, application for transfer of the project must be professional unit directly under the Agency allow the transfer evaluation. The project evaluator is responsible for submitting the records consulted relevant bodies. For the project by the Prime Minister to allow the investment then the provincial people's Committee to organize the evaluation and comments of the ministries concerned before the Prime Minister to review the decision.
2. The order and procedure of transfer of the whole project: 2.1. Application for transfer of the entire project, filed at the provincial level where the evaluator of the project (for project of new urban housing projects and the evaluator's provincial Department of construction, infrastructure projects for industrial engineering the evaluator by the Chairman of the provincial people's Committee rules);
2.2. The evaluator responsible provincial appraisal assignment records the entire project during 30 days from the date of receipt of application;
2.3. After completion of the evaluation, the evaluator the provincial people's Committee decision to allow the transfer of projects under the authority or the Prime Minister to review the decision.
3. Application for transfer of the entire project including: 3.1. Application for transfer of the former owner's project (Appendix 1);
3.2. The text allows the investment of competent State agencies; project profile was approved; the decision approving the project; land or lease decisions or land use right certificates; the profile of the new owner;
3.3. Reporting to the project implementation time of the transfer;
3.4. The profile of the new owner, include: 3.4.1. Business registration are functionality of business property;
3.4.2. The commitment of the new owner when it received the assignment of the project, which is responsible for implementing the obligations for the State and customers that the former owner has committed (annex 2);
3.4.3. The text defining the financial capacity of the new owner as defined in point 2 of part I of this circular.
4. content transfer application evaluation the whole project: 4.1. The reason for the transfer;
4.2. Conditions of assignment of the project;
4.3. Condition of the capacity of the new owner;
4.4. the project approach of the new owner.
5. The procedure of handover between the former owner and the new owner: 5.1. At the latest 30 (thirty) days from when the decision to allow the transfer of the competent agency, the new owner and the former owner to proceed with the contract of assignment of the project (Appendix 3) and completed the delivery of the project. The new owner has the responsibility to continue implementing the project immediately after receiving the transfer;
5.2. the former owner to the new owner of the entire project, has delivered a report on the attached checklist. The handing over of land boundary on field projects implemented under the provisions of the law of the land;
5.3. procedure before handing the former owner must be notified in writing to all customers (if available) and reported on the mass media before the 15 days (at least 3 numbers name li next obligations a newspaper released locally, a local television station or Central and web site (if any) of the province where the evaluator has attended project) on the project and the interests of the client.
Part III GUIDELINES on PROPERTY TRANSACTIONS through the TRANSACTION PROPERTY property business to make the sale, transfer, lease, hire purchase real estate through real estate transactions (except social housing projects under Housing Law) according to the following rules : 1. The property must be eligible under the provisions of the new law was to sell, transfer, lease, hire purchase;
2. The investor can establish trading floors or selected the real estate transaction by other unit established to introduce property and make real estate transactions;

3. real estate trading floor to public information (as defined in point 2 of part IV of this circular) about real estate for sale, transfer, lease, hire purchase at the trading floor to customer and register transaction. The time made public a minimum of 7 (seven) days in floor trading. Within the time limit stated above, information on the project name, type, the number of property, the location and time of the sale, transfer, lease, hire purchase property must be a minimum of 3 (three) consecutive numbers on a newspaper released locally, minimal 1 (one) times on local television station where the project and on the website (if any) of the platform room property. The cost of posting information because the owner (or owners) pay;
4. Upon expiry of the public according to the provisions of point 3 of this Section, the owner (or the real estate transaction is authorized) hosted the sale, transfer, lease, hire purchase property publicly. Cases of the same kind of property from 2 (two) customer registration or the number of registered customers is more than the amount of the property owner (or the real estate transaction is authorized) to make the choice of the customer according to the draw method or auction. The deposit before the draw for the implementation or real estate auction due to the parties to the agreement in accordance with the law;
5. The real estate auction t ¹ i transaction made under the provisions of the law of property auction;
6. property transactions are responsible for confirming the real estate of the real estate business was transacted through the floor (according to the model in annex 4) to confirm real estate has been trading as prescribed by law;
7. With regard to the Organization's property, not personal property business that trades through trading property is not required to be public information as specified in point 3 of this section.
Part IV Of NNỘI Of REAL ESTATE TRADING FLOOR 1. Organization and operation of trading in real estate 1.1. Property right trading is legal function of real estate service businesses. The case of the real estate business established real estate trading platform, the platform shall have legal personality or legal personality of enterprises ® ã to operate.
1.2. property transactions Floor in addition to the implementation of traded services, transfer, lease, hire purchase and real estate brokers also are allowed to make one, some or all of the following services: 1.2.1. Valuation of real estate;
1.2.2. the real estate consultant;
1.2.3. the real estate ads;
1.2.4. property auctions;
1.2.5. property management.
1.3. Structure of the trading real estate include the Director, the Deputy Director and professional parts match the active content of the trading floor.
1.4. the operating Manager of real estate transaction must ensure the conditions prescribed in article 21 of the Decree 153/2007/ND-CP 1.5. Real estate trading floor must have a minimum of 2 (two) employees do work real estate brokers are real estate broker certificate. If there is property valuation services must have a minimum of 2 (two) employees do work real estate appraiser certificate property valuation by the competent authority.
1.6. property transactions must have an area of use to Transact a minimum of 50 m 2 for service broker operations, transactions and more 20 m2 for every additional service activities, while ensuring there is appropriate equipment with active content.
1.7. property transaction must have the name, signage and trading address is the minimum stability within a period of 1 year (12 months). If there is a change in the location of the transaction must be reported to the authorities at the State and local customers are trading knowledge. Before conducting the activity, real estate trading floor to send the profile includes business registration and regulation of activity of the local building Department. Local construction departments are responsible to report The building to unify the management of the network's website and put up the Vietnam real estate trading floor.
1.8. The floor property transactions must have active regulation, include the following basic content: 1.8.1. The provisions on the functions, duties and powers of the trading real estate;
1.8.2. the regulation on organization and operation of the Department of real estate trading;
1.8.3. Regulations on financial management mode of real estate trading;
1.8.4. Rules on the relations with the customers while dealing;
1.8.5. Regulations on real estate information put into the transaction; management mode, providing information on real estate, transactions in the real estate transaction.
1.9. when making real estate showcase, dealing in property transactions must ensure the conditions stipulated in article 6, article 7 of law and real estate business must declare full content information on real property as defined in paragraph 2 of this Section.
1.10. The operation of the service of real estate transactions must be made through the contract.
1.11. The rights and obligations of the Organization, individuals involved in property transactions made under the provisions of article 62 of law real estate business.
1.12. the business personal property brokerage service must be independent real estate broker certificate and must register the business under the provisions of the law on business registration.
2. Guide to some of the content of information on real property as defined in article 11 of law real estate business 2.1. Information for property brought into the business is in full as defined in article 11 of law real estate business.
2.2. Information on property type: 2.2.1. For housing are clearly is individual housing or apartment. If is specified, then individual houses is adjacent villas, or Garden House..;
2.2.2. With regard to the service estate is clearly is the Office, shops, supermarkets, markets, hotels, guesthouses or hostels ..;
2.2.3. for industrial property must specify is the infrastructure or industrial workshop, factory, warehouse, parking..;
2.2.4. for the land use rights are stated as non-agricultural soils (soils in INDUSTRIAL ZONES, the land, the land do production business...), agricultural soils or other soil types (if any).
2.3. Information on location of property: 2.3.1. For real estate in the metropolitan area have identified specific address, must clearly state the number of the House, corner, lane (the alley), the street, the County (district), the city (province). As for the condo, the specific number stated, second floor, suites (lot). For rural areas stating the address of the property under the name Hamlet, town, district, province;
2.3.2. for real estate has not yet identified the specific address (not yet established administrative units) then the named project, lot sign (for the plot of land to build homes in individually or other buildings), each apartment (for the House).
2.4. Information about the scale, the area of the property: 2.4.1. For individual housing must specify: land area, building area, number of floors, total floor area; for apartments and condominiums must specify number of apartments, each apartment floor area, number of rooms..;
2.4.2. for other property must specify: land area, number of floors, total floor area, an area of general use, capacity (if available);
2.4.3. for industrial infrastructure are stated: the whole area of the industrial park, building density, land (General use), land each land box..;
2.4.4. The drawing of the ground, the ground floor (if any).
2.5. Information about ® or points, the nature, the use, the quality of real estate: 2.5.1. On the characteristics, properties, specify structure, foundations, frames, walls, floors, roof;
2.5.2. The use of real property information in the original design;
2.5.3. The quality stated in specific real estate construction, level, rank works;
2.5.4. panoramic photographs of works at the time of the introduction (if any).
2.6. Information on the rights and interests of third persons concerned about property rights, use rights, the right to enjoy the benefits, the status is for rent, mortgage, loan, give in. (if any).
(Real estate referral form in Appendix No. 5).
Part V INSTRUCTIONS The CERTIFICATE Broker, REAL ESTATE APPRAISER And BROKER MANAGEMENT, VALUATION Of PROPERTY 1. The order broker certification procedure, property valuation 1.1. The new application, certificate re-issuance brokerage, property valuation submission (according to the model in annex 6 of this circular) in the Department building, where the training facility or where the applicant lives (permanent or permanent resident).
1.2. Before granting the certificate broker, real estate appraiser, to perform the evaluation certificate application, content evaluators include: 1.2.1. Review about the condition of the individual level certificate (to ensure conformity with the provisions of article 14 paragraph 1 of the Decree 153/2007/ND-CP for real estate broker certificate and paragraph 1 article 15 of the Decree 153/2007/ND-CP for property valuation certificate);
1.2.2. The review of the content of the application (to ensure conformity with the provisions of item 2 article 14 Decree 153/2007/ND-CP for real estate broker certificate and item 2 article 15 Decree 153/2007/ND-CP for property valuation certificate).
1.3. evaluation results must be made in writing (form guide in Appendix 7 of this circular).
1.4. Director of the Department of construction decided to list those who are issued a certificate (according to the model in annex 8 of this circular); organizing print, release and sign the certificate of decision for each individual according to template instructions in Appendix 4 and 5 attached to decision 29/2007/QD-BXD DATED December 31, 2007, the Minister of construction.

1.5. Construction is responsible for keeping records and General personal list brokerage certificate, certified appraiser. Annual recurring (or irregularly), are responsible for reporting the results certified broker, valuation certificate of the Ministry of construction (according to the model in annex 9) to synthesize the personal list brokerage certificate, national pricing posted on the network's web site and the Vietnam real estate trading floor.
2. Operations Management brokerage, real estate valuation 2.1. Department of construction management agency is the local State of the brokerage operations, valuation of real estate on the range.
2.2. active management content broker, real estate appraiser include management training activities, fostering knowledge of the brokers, property valuation and management, operating real estate trading; certified broker, real estate appraiser; active management of real estate brokerage offices; inspected, checked and processed in active broker, real estate appraiser.
2.3. training institutions, fostering knowledge of the brokerage, valuation, management of real estate trading floor before conducting refresher training must be notified in writing (according to the model in annex 10) for local building Department where the training facility known to management.
Part VI EFFECT 1. This circular has the effect after 15 days from the date The report.
2. the people's committees of provinces and cities under central responsibility for directing the Department of construction and related agencies under the jurisdiction of the proper implementation of the provisions of the real estate, business law, Decree 153/2007/ND-CP dated 15 October 2007 of the Government detailing and guiding the implementation of the law on property and other business regulations in This circular.
In the process, if difficult obstacles suggest the timely reflection of local Ministry of construction to solve under the authority or the Prime Minister to review the decision.