Establishing a real estate brokerage company from scratch: An optimal legal roadmap for startups in 2026

Establishing a real estate brokerage company requires the organization to strictly comply with standards regarding practicing certificates and personnel scale. Brokerage activities are directly regulated by the 2023 Law on Real Estate Business to ensure market transparency. Enterprises must register their business and meet all physical facility conditions before operating. Executing the legal sequence correctly helps units avoid unnecessary administrative penalty risks. Clients should prepare a methodical legal roadmap to optimize business efficiency right from the initial stage. The content below details the execution process at Long Phan Consulting Company.

What is the real estate brokerage business?

Real estate brokerage services act as an intermediary for parties in buying, selling, transferring, and leasing real estate. Under Clause 2, Article 3 of the 2023 Law on Real Estate Business, this activity includes assisting parties in negotiating and signing contracts. Brokers act as a bridge connecting the needs of buyers and sellers in the market.

Brokerage activities are not merely introducing housing/land products. Practicing individuals must provide honest information about projects and related legal dossiers. Enterprises conducting this service are responsible for the accuracy of the provided information. This protects clients’ rights when participating in real estate transactions.

The newest legal regulations help filter out poor-quality operating units. Understanding the service’s nature helps you operate the enterprise along the correct legal trajectory. The following sections will analyze mandatory personnel and organizational standards.

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Conditions for establishing a real estate brokerage company

Enterprises must possess operating regulations and physical facilities meeting business requirements. Under Article 61 of the 2023 Law on Real Estate Business:

Conditions for Enterprises

To set up a real estate brokerage firm, you need to prepare the following elements:

• Establish clear operating procedures: Businesses must establish and publish specific brokerage operating procedures, ensuring transparency and compliance with legal regulations.
• Appropriate infrastructure is essential: Businesses need a business location, equipment, software, and technical conditions to support their brokerage activities.
• Competent staff: Businesses must have at least one person with a valid Real Estate Brokerage license. This is a mandatory requirement to ensure professional competence in providing services.
• Notification of operations to authorities: Before officially commencing operations, businesses must submit registration information to the Department of Construction in the province/city where the business is located in order to have their information updated on the National Real Estate System.

Conditions for individuals practicing as brokers

Individuals wishing to practice as real estate brokers must meet the following conditions:

• Possessing a Real Estate Brokerage license, issued by the competent authority after passing an examination.
• Working for a licensed business is not permitted; one must be affiliated with a real estate brokerage or exchange company that is legally registered and operating in accordance with regulations.

When registering a business, companies need to choose an industry code that matches the Real Estate Brokerage field. Some common industry codes include:

• Industry code 6810: Real estate business, land use rights owned or leased – Real estate business
• Industry code 6820: Real estate consulting, brokerage, and auction services, land use rights auction services – Real estate brokerage.

Choosing the correct industry code will ensure compliance with the law, while also facilitating business operations and tax filing.

Documents required for establishing a real estate brokerage company

The dossier is detailed in Circular 68/2025/TT-BTC on enterprise registration, ensuring completeness and accuracy to avoid supplementary requests. Main documents include:

• Enterprise registration application form, clearly stating the company type, name, and headquarters.
• Company charter, regulating internal organization, operations, and member rights, drafted specifically for the real estate brokerage sector.
• List of founding members/shareholders, accompanied by personal info and capital contribution commitments.
• Authenticated copies of founding members’ personal IDs (ID card or Citizen ID), notarized if necessary.
• Power of Attorney if the submitter is not the legal representative.

In practice, the dossier must be prepared in original and copy formats and submitted electronically via the National Business Registration Portal to save time. For real estate brokerage companies, a list of personnel holding practicing certificates under the 2023 Law on Real Estate Business must be supplemented.

Note: The listed dossiers apply only to domestic individuals/organizations. Foreign individuals/organizations must prepare additional related documents. Contact Long Phan Consulting Company’s enterprise establishment support services for detailed info.

The process and procedures for establishing a real estate brokerage company

The process follows clear steps based on Decree 168/2025/ND-CP to ensure transparency and efficiency.

Step 1: Prepare and Check the Dossier

The enterprise gathers documents as prescribed, checking validity (like the charter and member list). Thorough preparation prevents errors, especially regarding specific practicing certificate requirements. This usually takes 1-2 days, and consulting services can be used for drafting support.

Step 2: Submit the Business Registration Dossier

Submit at the Business Registration Office (Department of Planning and Investment) where the headquarters is located, either online or directly. The agency checks preliminarily and issues a receipt. Processing time is 03 working days from receiving a valid dossier. If flawed, the enterprise receives a supplementary notice within 01 days.

Step 3: Receive the Enterprise Registration Certificate

After approval, receive the Certificate via mail or directly. This is the legal basis to officially operate. Next, engrave the seal and publish registration info on the National Portal.

Step 4: Complete Post-Registration Procedures

Open a bank account, register a tax code, and declare labor/insurance procedures. Brokerage companies must supplement business line registration at the Department of Construction if required. The entire process takes about 5-10 days.

Costs involved in the procedures for establishing a real estate brokerage company

The cost of establishing a real estate brokerage company includes government fees and incidental expenses, clearly defined to facilitate business planning. Business registration fees at the Department of Planning and Investment are waived according to Decree 168/2025/ND-CP, but businesses must pay approximately 100,000 VND for publishing their registration information. The cost of a company seal ranges from 300,000 to 500,000 VND, depending on the type of seal and the service provider.

If using legal consulting services, the cost can range from 5-10 million VND, including document drafting and submission assistance. Other expenses such as notarization of documents cost around 200,000-500,000 VND, and bank account opening fees are free or low. The total basic cost is usually under 2 million VND if done independently, but increases if hiring experts to ensure accuracy. Businesses should note that the minimum registered capital cost is not mandatory under the 2020 Investment Law, allowing for greater flexibility. Controlling costs helps real estate brokerage companies get off to a good start, focusing on business development rather than administrative procedures.

Experience in establishing a real estate brokerage company

Prepare finances and create a business plan

Finance is a key factor in operating the company. Core activities (renting offices, equipment, transactions, advertising, salaries) require money. The founder must consider and guarantee capital sources. Next is business planning to outline tasks and developmental roadmaps, ensuring smooth, professional operations and building client trust.

Choose a business type and understand the related legal procedures

There are many types to choose from: Partnerships, cooperatives, joint-stock companies, LLCs, or private enterprises. After choosing, research related legal procedures (required dossiers, submission locations, and post-licensing tasks).

Recruiting a team of real estate consultants/brokers

• Priority will be given to candidates with experience and skills in real estate brokerage, and who hold a professional license.
• Planning training programs help employees improve their skills, ensuring smoother and more successful operations.
• Having a clear compensation policy ensures fairness and increases employee motivation.

Long Phan Consulting Company provides real estate brokerage company formation consulting services

Long Phan Consulting Company provides comprehensive legal solutions for brokerage service enterprises. Our lawyers deeply understand regulations from the 2023 Law on Real Estate Business and guiding documents. We structure our professional support into the following key area:

• We provide advice on choosing the right business entity type to suit your scale and business objectives.
• Verify the qualifications of the personnel regarding their real estate brokerage licenses.
• Prepare all necessary documents for business registration in accordance with legal regulations.
• We will represent you in submitting applications and working with the Department of Planning and Investment.
• Instructions on completing post-establishment procedures such as seal engraving and tax registration.
• We provide standard real estate brokerage contract templates that comply with current regulations.
• Providing legal advice on issues arising during the operation of the trading platform.

Frequently asked questions about setting up a real estate brokerage firm

Below, Long Phan Consulting Company provides some frequently asked questions related to the procedures for establishing a real estate brokerage company. We invite interested clients to refer to this information:

What are the penalties for operating a real estate brokerage business without a license?

According to Article 59 of Decree 16/2022/ND-CP, which regulates violations of real estate service business regulations, conducting real estate brokerage business without a professional certificate will be fined from 40,000,000 to 60,000,000 VND. Businesses are also required to obtain a professional certificate to be eligible to operate.

How much capital is needed to set up a real estate brokerage company?

There are no regulations regarding the minimum registered capital for establishing a real estate brokerage company. Businesses decide based on their financial capacity and company size. However, since real estate transactions are typically high-value, businesses should avoid having excessively low capital to build credibility and competitiveness in the market.

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.

Can a broker be held criminally liable for intentionally misleading about the scope of their authorization?

This behavior could constitute the crime of “Fraudulent appropriation of property” under Article 174 of the 2015 Penal Code (amended 2017) if the broker uses deceptive tactics regarding authorized power to appropriate the client’s deposit or payment. If it is simply a mistake or exceeding authority without the element of appropriation, the case will remain at the level of a civil dispute.

Are individuals allowed to operate as independent brokers (freelance brokers) without being affiliated with any company?

No. According to Clause 2, Article 61 of the 2023 Law on Real Estate Business, individuals wishing to practice real estate brokerage must have a professional certificate and must operate within a real estate exchange service business or a real estate brokerage service business.

What percentage of the rental contract value is typically represented by brokerage fees?

This fee is entirely based on voluntary agreement between you and the intermediary, with no rigid percentage stipulated in the law. According to Article 63 of the 2023 Law on Real Estate Business, brokerage fees do not depend on the price of the brokered transaction; therefore, you can set a fixed amount or a percentage based on the number of months’ rent, depending on the complexity of the transaction.

Conclusion

Operating a real estate brokerage company model under the 2023 Law on Real Estate Business requires precision regarding practicing certificates and legal infrastructure. You must firmly grasp the enterprise registration process and post-establishment obligations to ensure transparent operations. Strict compliance with information disclosure and personnel conditions helps avoid legal risks and builds solid market trust. 

If you have specific questions about practicing certificate issuance procedures or business registration dossiers, please contact Hotline 1900636389 immediately to receive in-depth support and technical solutions from the expert team at Long Phan Consulting Company.