Real estate brokerage is one of the professions regulated by law as a conditional business activity. Therefore, a Real Estate Brokerage License is a mandatory requirement for individuals or legal persons to conduct real estate brokerage activities. In the following Article, Viet An Law will summarize the relevant legal content regarding Real Estate Brokerage License in Vietnam.
Table of contents
Pursuant to the provisions of the Real Estate Business Law, a real estate broker shall perform the following tasks:
The main feature of a real estate broker is acting as an intermediary in the real estate transaction between the buyer and the seller. Therefore, the law stipulates that the broker cannot be one of the parties in the transaction but can only benefit from fees or commissions earned from the deal.
In practice, there are two forms of real estate brokerage activities, including as a business entity or as an independent individual. However, pursuant to the new Real Estate Business Law 2023, the form of acting as independent individual has been abolished.
In Vietnam, a Real Estate Brokerage License is a certificate that personnel providing brokerage services must have to legally operate in Vietnam under the regulations of the real estate business law. Article 61 of the Real Estate Business Law 2023 outlines the legal framework for legitimate real estate brokerage starting from 01/08/2024, as follows:
Thus, to legally operate in real estate brokerage sector in Vietnam, it is mandatory to establish an enterprise.
However, the new law has reduced the personnel requirements for real estate brokerage enterprises. Specifically, before 2025, these businesses must have at least 2 employees with valid brokerage licenses to legally operate. Starting from 2025, this number will be reduced to 1 employee.
Pursuant to the new regulations in Decree 96/2024/ND-CP guiding the Real Estate Business Law, the real estate brokerage license exam is now organized by the Provincial People’s Committees (replacing the former responsibility of the Department of Construction). The exam includes the following requirements:
To be eligible for a Real Estate Brokerage License, individuals must meet the following specific conditions:
Additional requirements to be eligible for the exam:
| List of required documents | Note |
| Application for Exam Registration (according to the form in Appendix XXI of Decree 96/2024/ND-CP); | Quantity: 01
Must include a color photo, size 4×6 cm, taken within 6 months up to the date of registration. |
| Valid personal legal documents | · A certified copy; or
· A copy with the original for verification (in the case of a passport). |
| Certificate of Completion of Real Estate Brokerage Training Course
|
If any
Quantity: 01 copy |
| High School Diploma (or equivalent) or higher
|
Quantity: 01 certified copy.
Additional copies as needed for each qualification. |
| Color photo, Size 4×6 cm, taken within 6 months up to the date of registration. | Quantity: 02 |
| Envelopes with postage stamps containing the recipient’s name, phone number, and address | Quantity: 02 |
| Foreign-issued License (for foreigners and Vietnamese who hold valid real estate brokerage licenses issued by foreign authorities) | 01 certified copy and official translation |
The examination will consist of two knowledge blocks:
Exam language: Vietnamese (foreign candidates can be supported by an interpreter).
Note for candidates with foreign certificates
For candidates who hold valid Real Estate Brokerage Certificates issued by foreign authorities, or those seeking to renew expired certificates, they shall only take the basic knowledge section and not the specialized knowledge section.
A passing exam result is one in which the following conditions are met:
Exam results will be announced at the organizing unit and on the information portal of the People’s Committee of the province.
Appeal: Candidates have 10 days since the announcement of the results.
Retake exam: Within 20 days from the announcement of results, the organizing unit will conduct a retake exam for candidates who did not pass. Candidates will only retake the section they did not pass. A retake exam can be held only once per exam, and candidates are not required to pay additional fees for the retake.
Fees: Pursuant to the regulations of each province.
Certificate delivery method:
Certificate validity: 5 years since the date of issuance.
Revocation of Real Estate Brokerage Practice Certificate
The certificate will be revoked in the following cases:
Yes, if you fall into the following cases:
Pursuant to new regulations, individuals can be issued their certificate multiple times.
If your certificate has expired or is about to expire, and you wish to have it reissued, you shall go through the reissuance process and retake the exam from the beginning. However, you must only retake the basic knowledge section, but not the specialized knowledge section.
The fine depends on the extent of the alterations or corrections. If the content of the certificate is distorted, the holder will be fined according to the regulations.
Under Decree No. 16/2022/ND-CP, altering or tampering with a Real Estate Brokerage Practice certificate to distort the information may result in a fine ranging from 40,000,000 VND to 60,000,000 VND. Additionally, the holder must return the altered or tampered certificate to the issuing authority. To continue practicing in the real estate brokerage field, the person must follow the procedure to obtain a new certificate from the beginning.
No. If you engage in lending, renting, or borrowing a Real Estate Brokerage Certificate for activities related to real estate brokerage, you may be subject to a fine ranging from 40,000,000 VND to 60,000,000 VND and have your certificate suspended for 3 to 6 months.
If you need any legal advice regarding civil law or real estate law, please contact Viet An Law for the best support!
