Electronic Real Estate Transactions through Trading Floors

Electronic Real Estate Transactions through Trading Floors The execution of electronic transactions through real estate trading floors is a concern for many individuals, enterprises, and investors amidst robust digital transformation across all economic-social sectors. Electronic transactions offer numerous benefits, including cost and time savings, enhanced transparency, and broader customer reach. In this article, Long Phan Consulting Company  details the regulations and operational limits of these trading floors.

Regulations regarding electronic real estate transactions through trading floors

Based on Article 53 of the Law on Real Estate Business 2023, the organization and operation principles of real estate trading floors are regulated as follows:

• Real estate trading floors must comply with the principles stipulated in Article 4 of the Law on Real Estate Business 2023.
• Operations must be public and transparent, following established operational rules and transaction procedures; providing transaction services via the floor, and earning remuneration as prescribed and agreed upon in service contracts.
• Information about the real estate trading floor must be posted on the housing and real estate market information system.
• When signing contracts with individual real estate brokers, the brokers must meet operational conditions under this Law.
• Real estate trading floors may conduct direct transactions and electronic transactions (if any). When conducting electronic transactions, they must comply with this Law, the Law on Electronic Transactions, and related legal provisions.

Thus, based on these principles, real estate trading floors are permitted to conduct transactions through direct or electronic forms. However, electronic transactions must comply with both the Law on Real Estate Business 2023, the Law on Electronic Transactions 2023, and other relevant regulations.

>>> See more: Scope of Operations of Real Estate Trading Floors

Activities of a real estate exchange

The commercial operations of this intermediary organization are stipulated in Article 56 of the Law on Real Estate Business 2023 as follows:

1. Inspect the legality and conditions for putting real estate into business for transactions conducted via the floor; list and provide information on eligible real estate.
2. Provide services, support, and information to help clients search and select real estate.
3. Perform real estate brokerage services, supporting parties in negotiating and discussing transactions. Brokerage activities within the floor must comply with Section 2, Chapter 7 of this Law.
4. Provide services and support to parties in drafting and signing real estate transaction contracts.
5. Provide services and support to parties in payment, handover of records/documents, and handover of real estate (if any).
6. Store information, records, and documents regarding real estate and transactions conducted via the floor.
7. Provide other services and support content related to transactions via the floor.
8. Confirm transactions conducted via the floor; provide transaction information to the provincial-level state management agency in charge of real estate business.

For these operations, according to Clause 1 Article 6 and Clause 1 Article 26 of Decree 144/2025/ND-CP, the Department of Construction is responsible for management.

Prohibited practices in real estate business

Based on Article 8 of the Law on Real Estate Business 2023, the following acts are strictly prohibited:

1. Conducting real estate business without meeting legal conditions.
2. Forging documents or intentionally misrepresenting information about real estate/projects put into business.
3. Failing to publicly disclose information about real estate/projects as prescribed by law.
4. Committing fraud, deception, or swindling in real estate business.
5. Collecting money from the sale/lease-purchase of future housing/construction works contrary to regulations; using collected funds illegally.
6. Failing to fulfill or insufficiently fulfilling financial obligations to the State.
7. Issuing or using real estate broker practicing certificates contrary to regulations.
8. Collecting, managing, and using fees, charges, and money related to real estate business contrary to regulations.

Electronic trading floors are prohibited from becoming tools for illegal capital mobilization. The law strictly forbids circumventing regulations via deposit or capital contribution contracts for projects without accepted infrastructure. The State will revoke licenses of enterprises hiding disputes. These regulations aim to protect the market and stabilize the financial system.

>>> See more: Principles of Organization and Operation of Real Estate Trading Floors

Real estate transaction consulting services at Long Phan Consulting Company

Long Phan Consulting Company provides in-depth consulting solutions on project business operations and asset trading platform management. We structure our support into the following key areas:

• We provide consultation on electronic real estate transactions through trading floors, the conditions for establishing and licensing real estate trading platforms, both direct and online, in accordance with current laws.
• Drafting operating regulations, electronic transaction procedures, brokerage contracts, and service provision contracts that meet legal standards.
• We will assess the project documents and check the property’s planning status before you sign the contract.
• We provide consulting services for integrating digital signatures and authenticating electronic contracts in compliance with the Law on Electronic Transactions.
• We represent our clients in negotiating the terms of sales, transfer, and long-term lease contracts.
• Carry out administrative procedures, register land changes, and apply for land use rights certificates and certificates for attached assets.

>>> See more: License for a Real Estate Trading Floor

Some frequently asked questions about electronic real estate transactions through trading floors

Below are some questions regarding whether real estate exchanges are allowed to conduct electronic transactions:

What legal regulations apply to online real estate transactions conducted through brokerage platforms?

Online transactions conducted through brokerage platforms must comply with the regulations of real estate business law, e-commerce law, and digital transaction law. Businesses operating the system are required to establish transparent and publicly accessible operating regulations. Service providers must establish data message control procedures in accordance with legal standards.

Legal basis: Article 53 of the 2023 Law on Real Estate Business.

Is it mandatory for real estate exchanges to implement online transaction methods?

Currently, based on the provisions of Clause 5, Article 53 of the 2023 Law on Real Estate Business regarding the principles of organization and operation of real estate exchanges, the law does not mandate that real estate exchanges must implement or apply online transaction methods during their operations. This means that whether or not to conduct transactions through an online platform depends entirely on the actual conditions, business orientation, and technological implementation capabilities of each exchange.

How long should the records of establishing and operating a real estate exchange be stored?

The retention period for records and documents related to the real estate sector from July 1, 2025, is stipulated in Appendix VII issued with Circular 07/2025/TT-BXD (effective from July 1, 2025). Accordingly, records and documents for the establishment and operation of real estate exchanges must be retained for a period of 10 years from the date the real estate exchange ceases operation.

Are individual real estate brokers working on real estate exchanges that conduct electronic transactions required to have a separate brokerage license?

There is no separate certification required for real estate brokers involved in electronic transactions, but individual real estate brokers are required to possess a real estate brokerage license issued by a competent authority and must register their operations under the name of a specific brokerage organization as stipulated in Clause 4, Article 53 of the 2023 Law on Real Estate Business.

What obligations does a real estate exchange have?

According to Article 58 of the 2023 Law on Real Estate Business, real estate exchanges have the following obligations:

• Ensure that properties listed on the real estate exchange meet the necessary conditions for being put into business.
• List and provide complete and truthful documentation and information about the property, and be responsible for the documentation and information you list and provide.
• Ensuring the physical infrastructure, technical facilities, and operating conditions of the real estate exchange.
• Comply with reporting requirements as stipulated by law and be subject to inspection and auditing by competent state agencies.
• Fulfill tax obligations to the State as prescribed by law.
• Compensate customers for damages caused by their own fault.
• Manage real estate brokers and employees working at the real estate exchange to ensure compliance with the law.
• Organize annual training and professional development programs to enhance the knowledge and skills of real estate brokers working at real estate exchanges.
• Maintain transaction records in accordance with legal regulations.
• Other contractual obligations.

Which agency has the authority to regulate the operations of real estate exchanges?

The Department of Construction is the provincial-level state management agency for real estate business with the following powers and responsibilities:

• Manage, supervise, and conduct periodic or unscheduled inspections of real estate trading floors in the area;
• Issuing, reissuing, and revoking operating licenses for real estate exchanges in the area;
• Decision to temporarily suspend or terminate real estate brokerage services in the area in accordance with regulations.

Legal basis: Article 60 of the 2023 Law on Real Estate Business; Clause 1, Article 6, and Clause 1, Article 26 of Decree 144/2025/ND-CP.

Conclusion

Determining electronic real estate transactions through trading floors requires examining current laws alongside the conditions, scope, and legal responsibilities of the participants. This helps enterprises control risks and protect assets effectively.

For fast and professional consulting support, please contact Long Phan Consulting Company directly via Hotline 1900636389.