Regulations on the rate for real estate business deposit

Real estate business deposit is an important part of real estate business transactions. New regulations on rates of real estate business deposit have been issued to create transparency and protect the interests of participating parties. This article will analyze current regulations in detail, and provide practical guidance for real estate businesses in applying deposit rates in accordance with the law.

What is a real estate business deposit?

Pursuant to Clause 1, Article 328 of the Civil Code 2015, a deposit is when one party gives the other party a sum of money or precious metals, gems or other valuable objects (also known as deposited assets) for a period of time. deadline to ensure the conclusion or performance of the contract.

Thus, it can be understood that a deposit in a real estate business transaction is when one party gives the other party a sum of money to ensure the conclusion or performance of a real estate business contract. This amount is called the deposit. In the real estate sector, deposits are often applied between investors and customers, or between buyers and sellers.

The main purpose of deposit is to:

• Ensuring transaction execution: The deposit recipient is responsible for carrying out the transaction as agreed.
• Binding liability: If the depositor refuses to enter into or perform the contract, the depositor has the right to retain the deposit.
• Protection of rights: If the party receiving the deposit refuses to enter into or perform the contract, they must return the deposit and an equivalent amount.

Current rates for real estate business deposit

Factors affecting the level of deposit collection

The level of deposit collected in real estate transactions is influenced by many factors. Three main factors include: legal regulations, real estate value and agreement between the parties.

Legal regulations are the most important factor, setting a maximum limit on the level of deposit collection. According to Clause 5, Article 23 of the Law on Real Estate Business 2023, investors are only allowed to collect a deposit of no more than 5% of the real estate value. This regulation is intended to protect customers’ rights and create fairness in transactions.

Real estate value is the basis for calculating the specific deposit level. The higher the value of the real estate, the corresponding deposit will also be larger, but must still comply with the 5% limit as prescribed. This ensures compatibility between the transaction value and the deposit.

The agreement between the parties also affects the level of deposit collection. Within the limits allowed by law, the parties can negotiate to reach a deposit level suitable to the specific needs and conditions of the transaction. However, all agreements must be in writing and comply with the law.

Maximum deposit collection level according to regulations

According to Clause 5, Article 23 of the Law on Real Estate Business 2023, the maximum deposit collection level that real estate businesses are allowed to apply is 5% of the real estate value.

At the same time, investors are only allowed to collect deposits in cases where houses and construction projects are qualified for business according to the Law on Real Estate Business.

Based on the provisions in Article 5 and Article 12 of the Law on Real Estate Business 2023, Clause 1, Article 13 of the Housing Law 2023, houses and construction projects have met all conditions for being put into business, including:

First, the types of housing available, except for the following types of public property:

• Official housing includes central official housing and local official housing according to the provisions of housing law;
• Housing for resettlement is invested and built by the State or purchased commercial housing to arrange resettlement according to the provisions of housing law but has not yet arranged resettlement;
• Social housing and housing for the people’s armed forces are invested and built by the State to arrange for subjects entitled to social housing policies according to the provisions of housing law;
• Housing that does not fall into the above cases but is invested and built with state budget capital or originates from state budget capital or is established as ownership by the entire people according to the provisions of law in different periods and in progress. for rent to households and individuals according to the provisions of housing law;
• Other owners’ houses are converted into public ownership according to the provisions of law and do not fall into the cases specified in Point d, Clause 1, Article 13 of this Law on Real Estate Business.

Second, existing construction works, construction works formed in the future, including construction works with functions serving educational, medical, sports, cultural, office, and commercial purposes. , services, tourism, accommodation, industry and construction works with mixed service functions.

Third, the construction floor area of ​​the construction project according to the provisions of Clause 2, Article 5 of the Law on Real Estate Business 2023

Fourth, houses and construction works formed in the future are put into business and meet the conditions specified in Article 24 of the Law on Real Estate Business 2023.

The deposit agreement must clearly state the selling price, lease-purchase price of the house, the construction project, and the construction floor area of ​​the construction project.

Challenges and risks related to real estate business deposit

Real estate business deposit has many potential challenges and risks. Businesses need to be clearly aware to take appropriate prevention and treatment measures.

One of the main risks is violating regulations on deposit collection rates for real estate businesses. If a business collects more than 5% of the real estate value, the business may face administrative or criminal sanctions. This not only causes financial loss but also affects the reputation and business operations of the enterprise.

Legal risk is also a concern. Incomplete or unclear deposit contracts can lead to disputes between parties. In the event of a dispute, resolution can be lengthy, costly and affect project progress. To minimize risks, businesses need to:

• Strictly comply with legal regulations on deposit collection rates for real estate businesses.
• Develop a detailed, clear deposit contract, including all necessary terms.
• Provide full information about the project and implementation progress to customers.
• Establish a transparent and strict deposit management process.
• Consult legal experts during the process of drafting and implementing the deposit contract.

Consulting services on real estate business deposit

At Long Phan, we provide consulting services on real estate business deposit. The scope of consulting services includes:

• Consulting on issues related to real estate business deposit.
• Support the development of standard deposit contract templates, ensuring legal compliance and protecting business interests.
• Consulting on appropriate deposit rates for each type of real estate and transaction.
• Instructions on the process of collecting and managing deposits in accordance with regulations.
• Support in resolving disputes related to deposits (if any).

Consulting services on regulations related to real estate business deposit not only help protect the interests of businesses but also create trust for customers, contributing to promoting safe and secure real estate transactions. transparent.

Regulations on real estate business deposit play an important role in ensuring fair and transparent transactions. Enterprises need to strictly comply with legal regulations and at the same time build a professional deposit management process. For detailed advice on this issue, please contact Long Phan via hotline 0906735386 for timely support.