What are the conditions for organizations and individuals when doing real estate business according to the latest regulations?
Pursuant to the provisions of Article 9 Law on Real Estate Business 2023 (effective from January 1, 2025), the conditions for organizations and individuals when doing real estate business are as follows:
[1] Organizations and individuals when doing real estate business must establish an enterprise according to the provisions of law on enterprises or establish cooperatives and unions of cooperatives according to the provisions of law on cooperatives. , having real estate business lines (collectively referred to as real estate businesses), except for the cases specified in Clauses 3 and 4, Article 9 Law on Real Estate Business 2023
In cases where organizations and individuals conduct real estate service business, they shall comply with the provisions of Clause 5, Article 9 Law on Real Estate Business 2023.
[2] Real estate businesses must meet the following conditions:
- Not during the period of being banned from real estate business activities, suspended or suspended under a court judgment or decision, or a decision of a competent state agency;
- Ensuring the ratio of outstanding credit debt and outstanding corporate bonds to equity;
- Enterprise Real estate business Through real estate projects, equity capital must not be less than 20% of total investment capital for projects with land use scale of less than 20 hectares, not less than 15% of total investment capital for projects with land use of less than 20 hectares. Land use scale is 20 hectares or more and must ensure the ability to mobilize capital to implement investment projects;
In case a real estate business simultaneously implements many projects, it must have enough equity allocated to ensure the above ratio of each project to implement all projects.
[3] Individuals doing small-scale real estate business do not have to establish a real estate business but must declare and pay taxes according to the provisions of law.
[4] Organizations and individuals selling houses, construction works, construction floor areas in construction works for non-business purposes or selling, leasing, or lease-purchasing houses and construction works , the construction floor area of a construction project below the small-scale level does not have to comply with regulations but must be declared and paid tax according to the provisions of law;
In case an individual sells, leases to buy a house, a construction project, or the construction floor area in a construction project, it must also be notarized and authenticated according to the provisions of Clause 5, Article 44.Law on Real Estate Business 2023.
[5] Organizations and individuals when doing business in real estate services must establish an enterprise according to the provisions of law on enterprises or establish cooperatives and unions of cooperatives according to the provisions of law on contracts. cooperatives (collectively referred to as real estate service enterprises), must meet the prescribed conditionsLaw on Real Estate Business 2023.