Real Estate Business Licensing Consulting Service

The real estate business licensing consulting service is essential for supporting enterprises and individuals in complying with current legal regulations. The complexity of licensing procedures and high professional requirements make a profound understanding of legal and administrative procedures in the real estate sector indispensable. This article provides a detailed analysis of real estate business licensing in Vietnam.

Conditions for Organizations and Individuals to Conduct Real Estate Business

To conduct real estate business in Vietnam, organizations and individuals must strictly meet conditions stipulated by law.

Pursuant to Article 9 of the Law on Real Estate Business 2023, the conditions for real estate business are specified as follows:

• Not being subject to a ban on real estate business activities, suspension, or cessation of operations under a court judgment or decision, or a decision by a competent state agency.
• Ensuring the ratio of outstanding credit debt and outstanding corporate bond debt to equity.
• Enterprises conducting real estate business through real estate projects must have a minimum equity of 20% of the total investment for projects with a land use scale of less than 20 hectares, and a minimum of 15% of the total investment for projects with a land use scale of 20 hectares or more. They must also ensure the ability to mobilize capital to implement the investment project.
• If a real estate enterprise undertakes multiple projects simultaneously, it must have sufficient allocated equity to ensure the above-mentioned ratio for each project to implement all projects.

Additionally, organizations and individuals engaged in real estate business must establish an enterprise according to the provisions of the Law on Enterprises or establish a cooperative or union of cooperatives according to the provisions of the Law on Cooperatives, with a registered real estate business line. The real estate business licensing consulting service helps navigate these requirements.

However, for individuals conducting small-scale real estate business, establishing a real estate enterprise is not required, but they must declare and pay taxes according to legal regulations.

Besides the above conditions, in specific cases, enterprises and individuals must meet additional conditions regarding the real estate they are trading, as per legal provisions.

Thus, understanding and fully meeting these conditions is a solid first step, laying the foundation for the sustainable development of an enterprise before officially establishing a real estate business company. Our real estate business licensing consulting service clarifies these critical conditions.

Current Process for Establishing a Real Estate Business Company

The process of establishing a real estate business company includes the following steps:

• Step 1: Prepare the real estate business registration dossier. The dossier needs to include the following documents:

  • An application for enterprise registration.
  • The company’s charter.
  • A list of members for a limited liability company or partnership, or a list of founding shareholders for a joint-stock company.
  • A notarized copy of personal identification documents (ID card, passport, or citizen identification card still valid) for individuals, or a certificate of business registration along with notarized personal identification documents of the authorized representative for organizations.
  • Other documents for each type of enterprise as stipulated in Articles 19, 20, 21, and 22 of the Law on Enterprises 2020.

  Note on business registration codes: Some industry codes you can refer to for registration include:

  • 6810 – Real estate business, land use rights belonging to owners, users, or leased.
  • 6820 – Real estate consultancy, brokerage, auction, land use right auction.
  • 7310 – Advertising.
  • 7320 – Market research and public opinion polling.

• Step 2: Submit the business registration dossier. The dossier can be submitted online via the National Business Registration Portal or directly at the Department of Planning and Investment (now referred to in some contexts alongside or as the Department of Finance, depending on specific local decree interpretations for certain financial aspects of registration) of the province or city where the enterprise is headquartered. The real estate business licensing consulting service can manage this submission.

• Step 3: Receive the business registration results. After 3 working days from the time the business registration authority receives a valid dossier, the enterprise will be issued a Certificate of Business Registration. If the dossier is invalid, the business registration authority will request amendments and supplements for re-assessment.

Related to the real estate sector, an enterprise is only officially allowed to operate when it meets all statutory conditions.

Real Estate Business Licensing Consulting Service

Long Phan Consulting Company provides in-depth, comprehensive real estate business licensing consulting service for individuals and enterprises. Refer to our services below:

Scope and Content of the Real Estate Business Licensing Consulting Service

In-depth Consultation on Real Estate Business Activities

With a team of legal experts well-versed in current legal regulations and possessing practical experience in the real estate sector, we commit to providing clients with a comprehensive real estate business licensing consulting service covering legal conditions, procedural processes, and legal requirements related to real estate business activities.

Our consultation services include:

• Consultation on legal conditions to be met for establishing a real estate business company.
• Consultation on legal capital requirements and methods to meet these requirements.
• Consultation on dossiers and procedures for registering the establishment of a real estate business enterprise.
• Consultation on the process for obtaining a license for real estate business activities. This is a core part of our real estate business licensing consulting service.
• Consultation on legal issues arising during real estate business operations.

The Long Phan Consulting Company team always updates the latest legal regulations on real estate business, ensuring the provision of the most accurate information to clients. We analyze each specific case to offer consultancy plans suited to the needs and conditions of each enterprise or individual.

Drafting Dossiers and Documents for Real Estate Business Registration and Operation

Long Phan Consulting Company’s dossier drafting service ensures legal validity and fully meets the requirements of state management agencies. We draft all necessary dossiers and forms for real estate business registration, helping clients save time and effort in dossier preparation. This efficient drafting is key to our real estate business licensing consulting service.

Our drafting services include:

• Drafting the application for business registration.
• Drafting the company charter suitable for real estate business activities.
• Drafting the list of members or founding shareholders.
• Drafting capital contribution decisions and authorization documents.
• Drafting minutes, confirmation letters, and supplementary documents as required.
• Preparing a complete dossier according to current legal regulations.

The documents we draft ensure compliance with legal regulations and meet the requirements of state management agencies. Before submitting the dossier, we conduct reviews and checks for legal validity and completeness, helping the approval process proceed quickly and effectively.

Authorized Representation for Real Estate Business Registration Procedures

Long Phan Consulting Company provides authorized representation services to carry out administrative procedures related to the registration and licensing of real estate business activities. This real estate business licensing consulting service helps clients save time and human resources and ensures dossiers are processed quickly and in accordance with regulations.

Our authorized representation services include:

• Representing by proxy to submit real estate business registration dossiers at competent authorities.
• Working directly with state management agencies to explain and supplement dossiers when necessary.
• Monitoring dossier processing progress and updating clients.
• Receiving results and handing them over to clients.

Using Long Phan Consulting Company’s authorized representation service allows clients to avoid direct involvement in administrative procedures, thereby focusing on their core business activities.

Process of Providing Real Estate Business Licensing Consulting Service

The process of providing real estate business licensing consulting service at Long Phan Consulting Company is scientifically designed, ensuring efficiency and time savings for clients. This process is built on practical experience and strict adherence to current legal regulations. It includes the following steps:

• Step 1: Initial Consultation and Service Contract Signing. We receive information from clients regarding their needs for registration or licensing of real estate business activities, thereby providing preliminary advice on the necessary conditions and implementation roadmap. After agreeing on the content, Long Phan Consulting Company will send a service proposal and draft contract, proceeding to signing and payment as agreed.
• Step 2: Information and Document Collection. Our consulting team collects detailed information about the enterprise, such as charter capital, organizational structure, registered business lines, and business location. Concurrently, we coordinate with clients to provide all necessary legal documents for preparing the real estate business registration dossier.
• Step 3: Dossier Drafting and Preparation. Based on the collected information, we draft the application for business registration and other forms as regulated, review, and complete all related documents. The dossier is then sent to the client for review, feedback, and approval before finalization. This step is critical for an effective real estate business licensing consulting service.
• Step 4: Dossier Submission and Progress Monitoring. Long Phan Consulting Company will represent the client in submitting the dossier to the competent state agency, monitor the processing progress, continuously update information, and assist in explaining or supplementing the dossier upon request from the authorities.
• Step 5: Receiving Results and Completing Procedures. After the real estate business license is granted, we will hand over the complete results and dossier to the client, and also guide them on the legal procedures to be performed after licensing.
• Step 6: Post-Licensing Consultation. Long Phan Consulting Company continues to accompany clients by advising on periodic reporting obligations, supporting the resolution of legal issues arising during operations, and carrying out procedures for adjusting or extending licenses when necessary. This ongoing support is a feature of our real estate business licensing consulting service.

After-Sales Policy and Customer Care

After completing the real estate business licensing procedures, Long Phan Consulting Company does not stop at handing over the results but continues to accompany clients through a professional after-sales and care policy. We build long-term relationships with clients, ensuring continuous support throughout their business operations.

We proactively update and inform clients about changes in the legal system related to the real estate sector upon request. Timely updates help businesses prevent legal risks and maintain stable operations in compliance with regulatory agency requirements.

Long Phan Consulting Company provides consulting, drafting, and dossier completion services when clients need to adjust license content, add business lines, or carry out procedures for extending their real estate business license. We ensure the process is fast, accurate, and time-saving for the enterprise.

Throughout the real estate business operation, if legal issues arise, we are always ready to provide effective solutions. Concurrently, Long Phan Consulting Company also acts as a bridge to support businesses in working with state management agencies when necessary, ensuring clients’ rights and legal compliance. Our comprehensive real estate business licensing consulting service extends to these areas.

Commitment to Information Security and Service Quality

Long Phan Consulting Company commits to:

• Absolute confidentiality of client information during service provision.
• Not disclosing or sharing information with any third party without client consent.
• Applying appropriate security measures to protect client information and documents.
• Ensuring accuracy, completeness, and legal compliance in drafting and preparing dossiers.
• Providing services on schedule, ensuring the fastest possible dossier processing time.
• Refunding service fees if the work is not completed as agreed.

The legal expert team at Long Phan Consulting Company always prioritizes client interests, ensuring the delivery of quality, professional, and effective services. This commitment underpins our real estate business licensing consulting service.

Contact Information for Real Estate Business Licensing Consulting Service

Clients needing consultation on the real estate business licensing consulting service, please contact Long Phan Consulting Company through our official channels. We are always ready to receive information and respond promptly to all client requests. Our professional consultants will assist you from the first contact.

• Head Office Address: TM7 Commercial Lot, Lavita Garden Apartment, 17 Street No. 3, Truong Tho Ward, Thu Duc City, Ho Chi Minh City
• Working Hours: Monday to Saturday – 8:00 AM to 5:30 PM
• Online Consultation Hotline: 1900.63.63.89
• Email: info@longphanpmt.com
• Zalo: 0906.735.386 – Long Phan
• Facebook: Long Phan Investment Consulting and Legal Services LLC

The expert team at Long Phan Consulting Company is ready to advise and support clients, ensuring all queries are answered and full information about the real estate business licensing consulting service is provided.

Frequently Discussed Topics Regarding Real Estate Business Licensing

Below are some topics clients may be interested in:

Calculation and Application of the “Ratio of Outstanding Credit Debt and Outstanding Corporate Bond Debt to Equity” under the Law on Real Estate Business 2023.

This ratio aims to control the financial risks of real estate businesses. Although the Law on Real Estate Business 2023 stipulates this condition, subordinate legal documents (decrees, circulars) will detail the calculation formula and specific thresholds. Enterprises need to monitor guiding regulations, often related to financial statements and debt repayment capacity, to ensure compliance.

Methods to Demonstrate “Ability to Mobilize Capital to Implement Investment Projects” as Required by the Law on Real Estate Business 2023.

The “ability to mobilize capital” is typically demonstrated through documents such as credit commitment letters from banks, signed credit agreements, capital mobilization agreements with partners, or proof of the enterprise’s financial self-sufficiency via audited financial statements.

Specific Definition of “Small-Scale Individual Real Estate Business” Not Requiring Enterprise Establishment.

The Law on Real Estate Business 2023 stipulates that individuals conducting small-scale business do not need to establish an enterprise. However, the detailed definition of “small-scale” (e.g., number of transactions, total transaction value within a certain period, or type of real estate traded) will be specifically guided in subordinate legal documents from the Government, usually Decrees or Circulars.

Additional Requirements for Real Estate Businesses Beyond Capital and Legal Status, Such as Personnel Experience or Expertise.

The Law on Real Estate Business 2023 does not directly stipulate general experience or professional qualifications for personnel in real estate business activities. However, for specific activities like real estate brokerage or property management, the law requires practicing certificates for individuals.

Typical Total Processing Time for Real Estate Business Licensing Procedures, Including Dossier Preparation.

The official processing time at the Department of Planning and Investment is 3 working days after receiving a valid dossier. However, the total time to complete this process, including dossier preparation, document collection, drafting, and review, can be longer, often from 1 to 2 weeks, depending on the complexity of the dossier and the readiness of information from the enterprise.

Common Legal Risks Faced by Real Estate Businesses for Non-Compliance with Licensing Regulations.

Common risks include administrative fines with substantial monetary penalties, suspension or revocation of the business license, forced cessation of business activities, or even criminal prosecution for serious violations related to fraud. Understanding these risks underscores the value of a proper real estate business licensing consulting service.

Conclusion

The real estate business licensing consulting service plays a key role in helping enterprises and individuals comply with legal regulations, while also building a solid foundation for sustainable real estate business activities. Contact us immediately via hotline 1900.63.63.89 for free consultation and timely support regarding this business registration service.