There will be stricter regulations on real estate brokerage activities @

Sat, 17 Dec 2022 14:24:00  |  Print  |  Email   Share:

As reflected by voters in Binh Duong province, many individuals currently do independent real estate brokerage services but do not have a real estate brokerage practice certificate and do not register to pay taxes as prescribed.

Besides, the status of false information about real estate for sale, especially about the price to enjoy the difference is quite common.

At the same time, the State has recently lost a lot of tax revenue from small-scale and irregular real estate transfers.

Therefore, voters of Binh Duong province proposed the Ministry of Construction to consult and advise the Government to submit to the National Assembly to quickly amend and supplement the Law on Real Estate Business and related regulations to create a transparent, fair and efficient environment.                                                                                                                                                                                                                                                                                                                                                                              

Regarding this issue, the Ministry of Construction replied to voters in Binh Duong province as follows:

In Clause 2, Article 62 of the Law on Real Estate Business 2014 stipulates the conditions for individuals providing real estate brokerage services: "Individuals have the right to conduct independent real estate brokerage services but must have a certificate of real estate brokerage practice and register to pay tax in accordance with the provisions of tax law.

In Clause 6, Article 67 of the Law on Real Estate Business 2014 stipulates the obligations of enterprises and individuals providing real estate brokerage services: "Perform tax obligations to the State in accordance with the law".

In Article 59 of the Government's Decree No. 16/2022/ND-CP dated January 28, 2022 on sanctioning of administrative violations on construction, the form of sanctions for violations against regulations on construction real estate business, including sanctions for individual brokers operating independently when violating legal regulations.

However, there has been the situation of brokers operating independently but without a real estate brokerage practice certificate and not registered to pay tax in accordance with the tax law, causing a significant impact on the healthy and transparent development of the real estate market as reflected by voters in Binh Duong province.

Implement Resolution No. 50/2022/QH14 dated June 13, 2022 of the National Assembly on the Law and Ordinance Development Program in 2023, adjustments to the 2022 Law and Ordinance Development Program and Decision No. 799/QD. - TTg dated July 6, 2022 of the Prime Minister on the assignment of the agency in charge of drafting, the deadline for submitting the law projects is adjusted in the 2022 Law and Ordinance Development Program and the law projects under the Government. In the program to develop laws and ordinances in 2023, the Ministry of Construction is currently presiding over the research and development of the project of the Law on Real Estate Business (amended).

Expected time to submit to the National Assembly for the first opinion on the draft Law on Real Estate Business (amended) at the 5th Session (May 2023) of the XV National Assembly and the approval of the Law project in the 6th Session (October 2023) of the 15th National Assembly.

The Ministry of Construction would like to acknowledge the recommendations of the voters of Binh Duong province to study, elaborate, amend and supplement the law on real estate business and submit it to the competent authorities in the near future, which will strictly regulate more closely related to real estate brokerage activities.

 

By: Translator: LeAnh-Bizic

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