Compliance Checklist for Real Estate Brokerage Trading Floors

Compliance Checklist for Real Estate Brokerage Trading Floors helps enterprises establish safe and lawful operational processes. Brokerage activities are currently strictly governed by the 2023 Law on Real Estate Business. Organizations providing these services must fully meet conditions regarding enterprise registration and personnel. Lapses in dossier control lead to the risk of administrative fines or operational suspension. Internal governance systems must be reviewed periodically to maintain transparency before management agencies. The content below provides in-depth executive solutions from the experts at Long Phan Consulting Company.

Conditions for a brokerage firm to be allowed to operate

A real estate trading floor is a place where real estate buying, selling, transferring, leasing, subleasing, and lease-purchasing transactions occur, established and operating under the Law on Real Estate Business. Right from the enterprise establishment phase, the trading floor must build a solid legal foundation. Cross-referencing legal requirements systematized in the compliance checklist is a crucial step. Clients must pay special attention to reviewing regulations on business line registration and standards for the head of the trading floor.

Registering a business with real estate brokerage as its registered business activity

Individuals establishing a real estate exchange must submit the required documents to the provincial-level state management agency for real estate business where the exchange’s head office is located (submitting documents directly, via postal service, or online) to obtain an operating license. The real estate brokerage industry code must be clearly stated on the Business Registration Certificate. This regulation complies with Article 54 of the 2023 Law on Real Estate Business regarding the conditions for organizing services.

Qualifications required for managers and operators of real estate exchanges

The real estate trading floor must meet the operational conditions prescribed in Article 55 of the 2023 Law on Real Estate Business:

• Possess the right to manage enterprises in Vietnam under the Enterprise Law.
• Have completed a training course on managing and operating real estate trading floors and been issued a completion certificate by a training facility.

Legal eligibility requirements for real estate exchanges

Article 55 of the 2023 Law on Real Estate Business stipulates the legal status conditions, including:

• Organizations/individuals engaging in real estate trading floor services must establish a real estate service enterprise under Clause 5, Article 9 of the Law on Real Estate Business. Accordingly, the name chosen under the Enterprise Law must contain the phrase (real estate trading floor) and must not duplicate or cause confusion with previously registered trading floors.
• The real estate trading floor must register its operations at the Department of Construction where its headquarters is located to be issued an operating license.

Requirements for real estate brokerage licenses

This is a mandatory condition under Clause 2, Article 61 of the 2023 Law on Real Estate Business. Individuals practicing real estate brokerage must:

• Possess a real estate brokerage practicing certificate issued by a competent state agency after passing an examination.
• Practice within a real estate trading floor service enterprise or a real estate brokerage service enterprise.

Regulations regarding the number of certified individuals in the exchange

Under Point c, Clause 1, Article 61 of the 2023 Law on Real Estate Business, the trading floor must have at least 01 people with a brokerage certificate. This person is responsible for managing and operating the floor’s professional activities. Maintaining the standard number of personnel helps the floor operate compliantly.

Conditions regarding business location and facilities

Under Clause 4, Article 55 of the 2023 Law on Real Estate Business: The trading floor must register a fixed operating location and possess physical/technical facilities ensuring its activities. Accordingly, it must have a stable transaction name and address for over 12 months and technical equipment meeting operational requirements. Infrastructure serves as the foundation for stable operation. You must build a tight system of internal regulations and data processing procedures.

The headquarters operates legally and stably

The exchange must have a specific and clearly stated registered address within the territory of Vietnam. This location must be legally owned or used by the business. A stable registered address facilitates inspections and audits by relevant authorities.

Internal operating regulations of the exchange

Businesses need to issue and publicly display their operating regulations at their headquarters. These regulations should include the authority and responsibilities of each department and the coordination procedures. This document serves as the basis for resolving internal disputes and customer complaints.

Article 53 of the 2023 Law on Real Estate Business stipulates that real estate exchanges must comply with the principles prescribed in Article 4 of the 2023 Law on Real Estate Business.

The operations of a real estate exchange must be public, transparent, and in accordance with the issued operating regulations and transaction procedures; it must provide real estate transaction services through the exchange, and receive remuneration as stipulated in the regulations and contracts signed with the parties requesting the services.

Transaction reception and processing procedures

All brokerage transactions must follow a specific procedure from information reception to contract completion. Standardizing the process helps minimize legal errors for brokers. Transaction records need to be closely monitored at each stage of execution.

Customer record and data storage system

According to Clause 6, Article 56 of the 2023 Law on Real Estate Business, the exchange is responsible for storing transaction records for a minimum period as prescribed by law. The data system must ensure confidentiality and quick retrieval. This serves the purpose of reporting and compliance checks when required.

>>>See more: Guide to Real Estate Exchange Transactions

Compliance checklist for brokerage personnel

Personnel is a key factor determining the reputation of a brokerage firm in the market, and it is also a central focus when reviewing compliance checklists for real estate brokerage firms. Businesses need to fully implement all types of employment contracts, ensuring the legality of working relationships and including training commitments to improve the quality of their staff. The content below emphasizes the requirements for professional ethics as well as the validity and effectiveness of real estate brokerage licenses.

Employment contract or cooperation agreement with the broker

Real estate brokerage firms establish legal relationships with their personnel through a system of written agreements. The type of contract determines the company’s tax and social insurance obligations. A compliance checklist for real estate brokerage firms helps accurately classify the subjects under management. Clients need to choose between employment contracts and civil cooperation agreements. The content below analyzes the technical features and mandatory clauses.

1. Mandatory terms regarding commissions and fees

The contract must clearly state the real estate brokerage fee and commission. Clause 2, Article 63 of the 2023 Law on Real Estate Business stipulates the entitlement to commission. Brokerage fees do not depend on the client’s transaction outcome. Commissions are calculated as a percentage or a specific fixed amount. Clients should specify the payment schedule after the completion of the transaction.

2. Commitment to professional certification and ethics

Personnel must commit to possessing a valid brokerage license. Individuals are only permitted to practice within real estate service businesses. This strictly adheres to Clause 2, Article 61 of the 2023 Law on Real Estate Business. The code of professional ethics prevents price gouging or illicit profiteering. Brokers who violate the commitment will be held liable for actual damages.

Standardizing employment contracts lays the foundation for safe brokerage operations. The management system needs to closely monitor the legal records of each individual.

The professional license is still valid

A compliance checklist for real estate brokerage firms is an essential risk management tool to ensure the legality of all transactions. According to the 2023 Real Estate Business Law, a brokerage license is mandatory for individuals participating in the service. Using unqualified personnel or those with expired licenses leads to serious administrative consequences. Businesses need to establish a periodic review process to maintain operational stability. A professional governance system helps protect the legitimate rights of both the brokerage firm and its clients.

1. Control the validity period of brokerage licenses

Real estate brokerage licenses are valid for 5 years from the date of issuance. Clients should note this timeframe to ensure renewal or new issuance procedures are followed correctly. Reviewing license validity periods should be integrated into the quarterly human resource management process.

2. Legal risks when certificates expire

Any contract or document executed by an individual with an expired certificate risks being declared invalid. Clause 2, Article 61 of the 2023 Law on Real Estate Business stipulates that individual brokers must possess a professional certificate. Violations result in high fines and temporary suspension of operations. Clients should immediately remove any personnel who do not meet this requirement from their direct operational roster.

3. Procedure for periodically updating the list of certificates

Businesses should establish a system to track the serial numbers and expiration dates of each brokerage certificate. An automated notification system should be set up to remind businesses of renewals six months in advance. Storing certified copies at the exchange’s headquarters facilitates quick inspections. This process ensures the exchange always operates with a legally compliant workforce.

Strict control over the validity period of professional licenses creates a strong legal protection for real estate brokerage firms, and this is also an important aspect frequently reviewed in compliance checklists for real estate brokerages. This strict compliance helps limit legal risks, particularly preventing civil disputes that may arise from formal errors in transaction documents.

Regular training and knowledge enhancement

Regular training and knowledge enhancement are a key component of the compliance checklist for real estate brokerage firms. With the groundbreaking changes in the 2024 Land Law, the 2023 Real Estate Business Law, and the 2023 Housing Law, brokers who fail to update their knowledge will directly put their businesses at legal risk. Training not only improves consulting capabilities but also fulfills the obligation to ensure service quality in accordance with the law.

1. The importance of updating new policies

• The real estate market operates on a constantly changing system of legal regulations, therefore real estate agents play a crucial role as a bridge in conveying official information from businesses to customers. In risk management practice, this information is often standardized and controlled through a compliance checklist for real estate brokerage firms, aiming to minimize deviations in the application of the law.
• Errors in consulting related to planning, transfer conditions, or ownership transfer procedures can lead to significant property losses for clients. Therefore, businesses need to proactively update and translate new legal regulations into specific, easily applicable operational procedures for their staff.

2. Key training content according to current law

• Land Law 2024: Focuses on regulations regarding land price tables, conditions for land subdivision, and procedures for issuing land use right certificates.
• Real Estate Business Law 2023: Understanding the conditions for products eligible for business, sample contracts, and information disclosure obligations.
• Housing Law 2023: Understanding Home Ownership Rights for Foreign Individuals and Regulations Regarding Future Housing Projects.
• Risk identification skills: Training employees on how to review legal documents, detect signs of fraud, and identify transactions with a high risk of dispute.

3. Benefits of regular training for the trading floor

Continuous training creates a competitive advantage in terms of professionalism for businesses in the market. Highly skilled personnel will provide accurate advice, thereby minimizing complaints or civil disputes from customers. For regulatory agencies, businesses with certificates of regular training will be highly regarded for their compliance. This demonstrates that the exchange is always committed to improving capabilities and standardizing services.

Code of professional ethics

The exchange needs to issue a code of conduct for brokers in their interactions with clients and competitors. Professional ethics prevent price manipulation or the provision of misleading information. This is a crucial criterion for building long-term trust with our valued clients.

Within the structure of the compliance checklist for real estate brokerage firms, the Code of Professional Ethics acts as a “filter” to maintain business culture and brand reputation. More than just empty promises, these are mandatory standards of conduct that help brokerage firms avoid illegal activities and potential civil disputes. Developing and monitoring the enforcement of this code is a central task to ensure transparency in the market.

1. The Significance of Codes of Ethics in Service Businesses

Professional ethics act as a barrier against unethical profiteering practices, such as price manipulation, price fixing, or intentionally concealing property defects. When brokers adhere to ethical rules, client trust is strengthened, leading to higher transaction success rates and the development of lasting client relationships.

2. Core content that should be included in a Code of Conduct

• Honesty and accuracy: Brokers must provide truthful information regarding the legal status, planning, and actual condition of the property.
• Absolute confidentiality: We are committed to keeping our customers’ personal information and transaction data confidential and will not use it for any personal gain.
• Dealing with competitors: Engage in healthy competition, respect colleagues, and refrain from using unethical media tactics to undermine the reputation of rivals.
• Financial transparency: Absolutely no acceptance of payments outside of the contract, and no arbitrarily raising selling prices to illegally profit from the difference.
• Responsibility to the community: Prioritizing the protection of customer interests and adhering to general societal regulations on anti-money laundering.

Compliance checklist for real estate brokerage activities

Direct operations in the real estate sector demand utmost caution regarding the legal aspects of each transaction. In practice, these requirements are often standardized in a compliance checklist for real estate brokerage firms to ensure that information verification is thorough and consistent. Brokerage firms are obligated to disclose information as stipulated in Article 44 of the 2023 Law on Real Estate Business. The following verification steps are designed to help limit and prevent the risk of property disputes arising during transactions.

Conduct a legal review of the property before putting it on the market

Real estate agencies must conduct rigorous verification of land use right certificates and related construction permits before bringing products to market. This is a core control step, often standardized in compliance checklists for real estate brokerage firms, to ensure that only properties that fully meet legal requirements are allowed to be listed and traded.

Adherence to this principle helps protect clients from risks such as “ghost” projects or properties under dispute. This can be considered the most important “filter” in the entire process, as the platform is not allowed to broker products that do not meet the legal requirements as stipulated by law.

• Verify the original documents: Directly compare the original Land Use Right Certificate (Red Book/Pink Book).
• Verify the dispute status: Check the information at the land registration office to ensure the property is not seized, not subject to dispute, or not being illegally mortgaged.
• Construction and planning permits: For projects under development, the platform must have a written notice from the Department of Construction stating that the project is eligible for business operation.

Public and transparent information about projects/real estate

All information regarding the planning and legal status of the property must be provided to customers fully, accurately, and promptly. In internal control practice, this content is often included in the compliance checklist for real estate brokerage firms to ensure that the principle of transparency is consistently implemented throughout all transaction activities.
The exchange is not permitted to conceal defects or unfavorable information about the property, as transparency not only minimizes the risk of lawsuits but also contributes to enhancing the reputation and position of the business in the market. At the same time, the exchange is responsible for publicly listing information at its headquarters and on the housing and real estate market information system as required by law.

1. Information that must be made public:

• The legal status of the property.
• Land use planning, restrictions on land use rights.
• Defective items (if any): The property is mortgaged, or the property is subject to restricted rights.

2. The “No Concealment” Principle:

All unfavorable information about the product must be provided transparently to the customer before signing the contract. Concealing information is a serious violation of the law, leading to the risk of contract cancellation and compensation for damages.

Signing brokerage contracts in accordance with regulations

Brokerage contracts must be in writing and contain all the essential details. Terms regarding service fees and payment schedules must be clearly stated. This complies with the regulations on contract forms in the 2023 Law on Real Estate Business.

Form: Must be in writing and signed by the legal representative or a legally authorized person.

Main content:

• Information about the parties involved.
• Target audience and scope of brokerage (specific information about the property).
• Brokerage fees and commissions (calculation basis, payment schedule).
• Contract duration.
• Rights and obligations of the parties.

Brokerage fees are collected in accordance with the agreement and the law

Brokerage fees should be clearly separated from the transaction value of the property:

• Price list display: Service prices must be publicly displayed at the office to prevent arbitrary changes in fees for different customers.
• Invoices and supporting documents: All revenue must be accompanied by valid electronic invoices. Receiving commissions “off-book” will be subject to penalties from the tax authorities and will be unfavorable evidence in the event of a civil dispute.
• Principle: Fees must be collected strictly according to the contract agreement; under no circumstances should additional fees be charged beyond the agreed-upon amount without the customer’s written consent.

Checklist for contracts and transaction documents

In the operational process of a real estate brokerage, the system of records and contracts is not merely a collection of documents but is also considered “ironclad evidence” to protect the business from emerging legal risks. In practice, this content is often standardized in a compliance checklist for real estate brokerages to ensure that document management is carried out consistently and rigorously.

According to the 2023 Real Estate Business Law, the level of strictness in managing records and documents is one of the important criteria for evaluating a company’s compliance with the law.

Real estate brokerage contract

Contract documents must be numbered and stored in chronological order. All participating parties must sign and stamp each page of the document. This serves as the legal basis for the platform to request payment of fees and commissions.

Deposit and transfer agreements (if applicable)

When the platform assists in drafting the deposit agreement, the content must adhere to the legally prescribed format. The accuracy of the document helps prevent future civil disputes. This is the stage with the highest potential for disputes. When the platform assists in drafting, special attention should be paid to the following:

• Force majeure clause: Clearly defining circumstances that exempt individuals from liability is necessary to mitigate risks arising from uncontrollable changes in the market or planning.
• Penalty clause: The penalty amount, penalty rate, and payment deadline must be clearly stated to provide a basis for immediate enforcement if either party violates the agreement.

Property legal documents

Maintaining complete legal documentation for a property not only enhances transparency with clients but also speeds up the decision-making process for closing a deal.

Minimum required documents checklist:

• Certified copy of the Certificate of Land Use Rights (Land Title Deed/House Ownership Certificate).
• Construction permit or investment approval document (for the project).
• Planning drawing 1/500 scale (if available).
• A document from a government agency confirming eligibility to conduct business.

Verification process: The platform needs to verify the authenticity of the seals and signatures on the documents. Early detection of forged documents from the investor or owner is the ultimate “defense” step for the platform.

Customer records and transaction archives

The personal information of buyers and sellers must be kept strictly confidential. The exchange needs to create a catalog of records by transaction code for easy management. A well-organized storage system greatly supports internal post-auditing. Customer information is the most valuable asset of the exchange. Information leaks not only violate the Cybersecurity Law but also seriously damage its reputation.

• Access control: Customer data should be digitized and access rights controlled (only employees directly involved in transactions should have deep access).
• Transaction ID: Each transaction should be assigned a unique Transaction ID, encompassing the entire contract, handover record, and payment receipt.
• Retention period: Records must be retained in accordance with the Accounting Law and regulations on real estate business management (usually a minimum of 5-10 years).

Checklist of financial and tax obligations

Compliance with tax obligations clearly demonstrates social responsibility as well as the level of professionalism of a real estate business. In internal management systems, this is often integrated into compliance checklists for real estate brokerage firms to ensure that financial obligations are fulfilled fully and on time.

The exchange must declare corporate income tax and value-added tax in accordance with current legal regulations. The following content will focus on analyzing the requirements related to revenue management as well as the invoicing and documentation system in business operations.

Declare and pay taxes in full

Businesses must settle their taxes on time as stipulated by the current Tax Administration Law. In internal management systems, this requirement is often included in compliance checklists for real estate brokerage firms to ensure the timeliness and accuracy of tax obligations.

Delays in filing or paying taxes not only lead to financial penalties but also directly affect the reputation and credibility of businesses in the market. Therefore, the exchange needs to coordinate closely with the accounting department to effectively control cash flow and mitigate risks arising during the tax compliance process.

Issue invoices as required

All revenue from brokerage fees must be invoiced electronically in accordance with legal regulations. This is also an important aspect often included in compliance checklists for real estate brokerage firms to ensure transparency in financial operations.

The information on the invoice must be verified and ensured to completely match the value recorded in the signed service contract. Issuing invoices on time not only helps the platform accurately record revenue but also contributes to increased transparency and standardization in the entire accounting and financial process.

Manage revenue and expenses transparently

Real estate brokerage firms need to establish accounting systems that comply with current standards to ensure the ability to control and access financial information when necessary. In compliance management practice, this requirement is often included in compliance checklists for real estate brokerage firms to ensure the completeness and validity of their accounting systems.

Expenses such as advertising and operating costs must be recorded with valid and clear documentation. Maintaining financial transparency not only helps businesses effectively manage internal operations but also facilitates fundraising or business expansion.

Fulfill financial obligations related to the transaction

In some cases, real estate brokers are responsible for collecting or paying fees on behalf of the parties involved in the transaction. This is usually strictly controlled in the compliance checklist for real estate brokers to minimize errors in the flow of funds.

Businesses must ensure that funds collected or disbursed on behalf of others are transferred to the correct recipients and within the agreed timeframe. Transparent and accurate management of these funds not only minimizes legal risks but also strengthens partner trust during the collaboration process.

Checklist for compliance with real estate advertising and marketing regulations

Communication activities in the real estate sector must ensure honesty, clarity, and avoid misleading customers during the information access process. Within the internal control system, these requirements are often included in a compliance checklist for real estate brokerage firms to standardize communication content across all channels.

The exchange platform is strictly prohibited from advertising or promoting projects that do not meet the legal requirements for sale. The following requirements are designed to help businesses tightly control the information posted on digital platforms, limiting the risk of inaccuracies and violations in promotional activities.

The advertisement content is truthful

All information regarding location, amenities, and pricing must be absolutely accurate. Businesses must not use language that exaggerates or inflates reality. Honesty in advertising is essential to maintaining your reputation.

Do not advertise projects that do not meet the legal requirements

The platform is only permitted to showcase products that have obtained the necessary business licenses. Illegal advertising may be subject to penalties under the Decree on Administrative Sanctions. Customers should carefully review project documentation before commencing marketing.

Comply with the regulations regarding posting information on the platforms

Posting information on websites or social media must comply with the Cybersecurity Law. Content must not contain prohibited information or infringe on copyright. Businesses need to have a content review process in place before publishing publicly.

Control employee communication channels

Brokers are not allowed to post unverified information without authorization. The exchange should issue a standardized posting template to ensure brand consistency. Effective control over personal channels helps avoid unintended media incidents.

Checklist for compliance with anti-money laundering and data security regulations

Real estate brokerage firms are among the entities obligated to report on anti-money laundering according to current legal regulations. In practice, these requirements are often systematized in a compliance checklist for real estate brokerage firms to ensure that risk control processes are fully and consistently implemented.

Businesses need to implement Know Your Customer (KYC) identity verification, especially for high-value transactions or those showing signs of irregularities. The following content clarifies the steps involved in KYC verification as well as the requirements for user data security during exchange operations.

Know Your Customer (KYC) verification

Customers must obtain copies of identification documents for all parties involved in the transaction. Identifying customers helps detect suspicious signs regarding the source of funds. This is a mandatory requirement under the Law on Prevention and Combatting Money Laundering.

Storing and securing customer data

Customer information must be stored in a password-protected system with access control. The platform is not allowed to provide data to third parties without their consent. Information security helps businesses avoid legal issues related to privacy.

Report any suspicious transactions (if any)

The exchange is responsible for reporting any transactions showing signs of irregularities to the State Bank of Vietnam. Failure to report may result in the exchange being held legally liable. Employees need to be trained in identifying signs of money laundering transactions.

Internal procedures for legal risk prevention

Businesses should develop response plans in case of inspection requests from authorities. Internal procedures should clearly assign responsibility for providing documentation. Thorough preparation helps the platform maintain smooth operation in all situations.

Checklist for periodic inspections and risk management.

Periodic Internal Reviews 

The legal department should check brokerage dossiers monthly/quarterly to detect expiring certificates or flawed contracts early.

Legal Compliance Checks 

Cross-reference current activities with the 2024 Land Law amendments to ensure all forms/processes are compatible.

Updating New Legal Regulations

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Violation Handling and Disciplinary Mechanisms 

Enforce strict sanctions against brokers violating regulations to maintain discipline and professional ethics.

How to build an effective compliance control checklist system

An effective checklist system must be integrated into employees’ daily workflows. Businesses need to apply technology to automate the tracking of document deadlines. The following sections guide how to assign tasks and provide systematic training for personnel.

Establish an internal control process

Every stage from marketing to contract closing needs a specific checklist. It must be simple, understandable, and easy for brokers to execute.

Clearly assign responsibilities

Each item must tie to a specific individual’s responsibility. The floor manager holds ultimate responsibility for data accuracy.

Apply technology in compliance management

Use CRM software to manage dossiers and send expiration alerts.

Train personnel on legality and processes

Staff must understand how to use the checklist and the meaning of compliance.

Long Phan Consulting Company provides consulting services for building compliance checklists for real estate brokerage firms

To ensure professionalism and legal compliance, experts at Long Phan Consulting Company execute the following tasks. We structure our professional support into the following key area:

• Review all existing legal documents of the real estate exchange.
• Design a customized compliance checklist tailored to the size of your business.
• Drafting and standardizing brokerage contract templates in accordance with the 2023 Real Estate Business Law.
• Providing consultancy on customer information verification procedures and anti-money laundering.
• Provide training on legal knowledge and checklist operational skills for the staff.
• Assisting in resolving disputes arising from real estate brokerage activities.
• Regularly update businesses on the latest regulations regarding land and housing.

Establishing a compliance checklist for real estate brokerage firms is not only a safety solution but also a core competitive advantage that helps businesses build lasting credibility in the market.

At Long Phan Consulting Company, we provide in-depth services to support our clients in building a comprehensive compliance checklist for real estate brokerage firms, adhering closely to the latest applicable laws and regulations. If your business is seeking the optimal solution to protect its interests and enhance operational efficiency, contact us today to obtain the most professional real estate brokerage compliance checklist.

Frequently Asked Questions about Compliance Checklists for Real Estate Brokerage Firms

Below, Long Phan Consulting Company provides some frequently asked questions related to the compliance checklist procedure for real estate brokerage firms. We invite interested clients to refer to this information:

Is it mandatory for the head of a real estate brokerage firm to have a brokerage license?

It is not mandatory for the manager or operator of a real estate brokerage firm to possess a brokerage license, but they must complete a training course on managing and operating a real estate brokerage firm as stipulated in point b, clause 2, Article 55 of the 2023 Law on Real Estate Business. However, the brokerage firm must have at least one person with a real estate brokerage license to be responsible for professional matters as stipulated in point c, clause 1, Article 61 of the 2023 Law on Real Estate Business.

How do brokerage fees and brokerage commissions differ legally?

Brokerage fees are payments for brokerage services regardless of the transaction outcome, while brokerage commissions are payments based on the value of a successful transaction as agreed upon, according to Article 63 of the 2023 Law on Real Estate Business. Service contracts must clearly specify these two types of fees to avoid disputes over financial interests between the brokerage firm and the parties requesting the services.

Are real estate exchanges permitted to broker future housing projects that have not yet received acceptance certificates?

Real estate agencies are prohibited from brokering properties that do not meet the eligibility requirements for sale, including future housing units lacking the necessary notification of eligibility for sale or lease-purchase from the relevant authorities, as stipulated in Clause 1, Article 41 and Clause 1, Article 53 of the 2023 Law on Real Estate Business. Deliberately promoting properties that lack the necessary legal conditions constitutes a serious violation that may result in the revocation of the agency’s operating license.

What are the principles governing the organization and operation of a real estate exchange?

According to Article 53 of the 2023 Law on Real Estate Business:

• Real estate exchanges must operate in compliance with the principles stipulated in Article 4 of the 2023 Law on Real Estate Business.
• The operations of a real estate exchange must be public, transparent, and in accordance with the issued operating regulations and transaction procedures; it must provide real estate transaction services through the exchange, and receive remuneration as stipulated in the regulations and contracts signed with the parties requesting the services.
• Information about the real estate exchange is published on the housing and real estate market information system.
• When signing a contract with an individual real estate broker, the broker must meet the necessary operating qualifications.
• Real estate exchanges conduct transactions both in person and electronically (if applicable); in cases where electronic transactions are used, they must comply with the provisions of this Law, the Law on Electronic Transactions, and other relevant laws.

Does the brokerage firm have the right to charge brokerage fees exceeding those agreed upon in the contract?

Real estate brokerage firms are not permitted to collect any fees beyond those agreed upon and listed in the real estate brokerage service contract, in accordance with the principles of honesty and transparency as stipulated in Article 4 of the 2023 Law on Real Estate Business. Any fees collected outside the contract without valid invoices or supporting documents are considered violations of financial regulations and may be prosecuted for illegal profiteering.

Can a business authorize another real estate brokerage firm to act as its agent?

Businesses may cooperate with other exchanges through business cooperation contracts or brokerage authorizations, provided that all parties fully meet the conditions for conducting real estate services as stipulated in Clause 5, Article 9 of the 2023 Law on Real Estate Business. Distributing products through multiple entities must not alter the legal information disclosure responsibilities of the investor and the real estate service business unit directly dealing with customers.

Conclusion

Building a complete compliance checklist for real estate brokerage trading floors is a strategic step helping enterprises operate stably and safely amidst a continuously changing legal framework. At Long Phan Consulting Company, we provide in-depth support services to help you comprehensively review and standardize processes through a specialized checklist suited to your specific operations. Contact Hotline 1900636389 to receive dedicated and professional consultation.