BÀN VỀ TIÊU CHÍ XÁC ĐỊNH “KINH DOANH BẤT ĐỘNG SẢN QUY MÔ NHỎ”, “KHÔNG NHẰM MỤC ĐÍCH KINH DOANH” VÀ “DƯỚI MỨC QUY MÔ NHỎ”

Abstract

Abstract: The 2023 Law on Real Estate Business and Decree No. 96/2024/ND-CP
rely on the criteria of “small-scale real estate business”, “not for business purposes”
and “below small scale” to determine whether individuals conducting real estate
transactions and organizations and individuals selling, leasing or lease-purchasing
houses, construction works and floor areas in construction works are required to
establish a real estate business enterprise and to comply with the provisions of the Law
on Real Estate Business. However, these criteria are imperfect; they risk creating
unfairness, significantly distorting competition among entities participating in the real
estate market and leading to loss of state budget revenue. The article analyzes the
limitations of the current regulations, identifies legal loopholes that may be exploited,
and proposes amendments to the 2023 Law on Real Estate Business and Decree No.
96/2024/ND-CP to narrow the range of transactions classified as “small-scale real
estate business”, “not for business purposes” or “below small scale”, thereby ensuring
fairness, controlling speculation and enhancing the effectiveness of State management.
Keywords: Small-scale real estate business; sale, lease and lease-purchase of
houses; construction works not for business purposes; below small scale