Chương III Thông tư 11/2015/TT-BXD: Hướng dẫn việc đào tạo, bồi dưỡng kiến thức hành nghề môi giới bất động sản và điều hành sàn giao dịch bất động sản

Chapter III

GUIDELINES FOR TRAINING AND IMPROVING KNOWLEDGE OF REAL ESTATE BROKERAGE PRACTICE AND MANAGEMENT OF THE REAL ESTATE TRADING FLOOR

Section 1: CERTIFICATION OF A FACILITY’S ELIGIBILITY FOR TRAINING AND IMPROVING KNOWLEDGE OF REAL ESTATE BROKERAGE PRACTICE AND MANAGIEMENT OF THE REAL ESTATE TRADING FLOOR

Article 19. Requirements for a facility training and improving knowledge of real estate brokerage practice and management of the real estate trading floor (hereinafter referred to as the training facility)

The training facility must satisfy the following conditions:

1. Legal entities

a) The training facilities permitted by the competent authorities;

b) Enterprises or economic organizations whose business lines include training and improving professional knowledge;

c) Other organizations which are established and authorized by the competent authorities to carry out the professional knowledge training functions and tasks.

2. Training infrastructure

The classroom’s area must be in conformity with the number of students and equipment meeting teaching and learning demand. In case of lease, the lease contract must be executed in accordance with the laws (it’s not allowed to lease a residential house to use as a classroom).

3. Lecturers

a) At least 30% of total lecturers of the training facility are regular lecturers or lecturers with indefinite-term contracts (with payment of insurance);

b) Standards: A lecturer is a professional educator, specialist or manager with bachelor's degree or higher in major suitable for teaching contents. The lecturer has at least 05 years of experience.

4. Teaching materials

a) The training facility shall provide with syllabi and the set of testing questions with the contents suitable to the framework program as stipulated in Annex 6 of this Circular. The head of the training facility must approve and bear responsibility for the syllabi.

b) The framework program is divided into 02 parts as follows:

- The framework program for training and improving knowledge of real estate brokerage practice;

- The framework program for training and improving knowledge of management of the real estate trading floor.

5. Facilities for internship

The training facility must arrange students into real estate trading enterprises, real estate brokerage offices or real estate trading floors for internship for at least 02 days.

6. Management of training activities

The training facility must establish a managing division for holding the training courses, storing students' records and other documents relating to the training activities; set up training management rules; and the course manager must have at least 03 years' experience in organization of training and improving courses.

Article 20. Registration of training activities and certification of a facility’s eligibility for training and improving knowledge of real estate brokerage practice and management of the real estate trading floor (hereinafter referred to as a qualified training facility)

1. Registration of training activities: The training facility that has satisfied all requirements stated in Article 19 of this Circular may prepare and send 01 set of application to the Ministry of Construction for considering and certifying the facility’s eligibility for training.

2. The application includes:

a) An official dispatch which shall be sent to the Ministry of Construction asking for permission in organization of training activities;

b) Establishment decision in case the training facility is established by the competent authorities; business registration certificate or certificate of establishment registration in case the training facility is an enterprise (certified copies);

c) List of training infrastructure and equipment, and documents proving the location of training activities (using the form stated in Annex 7 of this Circular).

d) Teaching materials, the set of testing questions and decision on approval of the head of the training facility;

dd) List of lecturers (using the form stated in Annex 8 of this Circular).

e) Lecturer’s declaration on professional qualification and actual teaching experience (using the form stated in Annex 9 of this Circular), enclosed with copy of teaching contract or labour contract.

g) Joint-training contracts or written approval of the units where students shall be arranged into for internship.

h) The training rules include the following contents:

- Regulations on enrollment;

- Regulations on student’s application;

- Regulations on training duration;

- Regulations on seminars and volume of each seminar;

- Regulations on internship;

- Regulations on course-end exams, grading system and assessment of exam papers;

- Criteria for evaluating and ranking study results;

- Regulations on requirements for issuance of certificate of completion.

3. Certification of a facility’s eligibility for training:

The Ministry of Construction shall verify the application (an actual inspection may be conducted at the training facility) and compare with the laws. If the training facility is qualified, the Ministry of Construction shall grant certificate of facility’s eligibility for training. This certificate is sent to the training facility and the construction department of the province where the head office of the training facility is located and published on the website of the Ministry of Construction.

4. The training facilities which have been certified by Ministry of Construction succeeding the effective date of this Circular shall maintain their training activities. The aforesaid training facilities must satisfy all requirements stipulated in Article 19 of this Circular and submit all documents required in Clause 2 of this Article to the Ministry of Construction ahead of July 01, 2016. If all conditions are satisfied, the Ministry of Construction shall grant a written approval for maintaining training activities. As of July 01, 2016, if the training facility fails in submitting required documents, it's considered as stopping its training activities and its name shall be deleted from the website of the Ministry of Construction.

Section 2: ORGANIZATION OF TRAINING ACTIVITIES AND ISSUANCE OF CERTIFICATE OF COMPLETION

Article 21. Organization of training activities

1. In the course of organization of training activities, the training facility must comply with the following provisions:

a) Notify the enrollment including the training fields, requirements for students, the training program and contents, duration, location and tuition of the training course, and other necessary information;

b) Disseminate the training rules and provide students with the learning materials on the starting date of the training course.

c) Organize program-based teaching and learning activities that uphold contents and duration. The lecturers must execute their teaching duties according to registered list of lecturers. Control student’s study period by means of taking roll call with lecturer's confirmation. If the student’s attendance rate is less than 80% of total periods of a seminar, he/she must repeat that seminar to be eligible for attending the course-end exam.

d) Test, evaluate and rank study results for granting certificate of completion to qualified student:

- The training facility shall arrange students into real estate brokerage offices, real estate trading floors or real estate trading enterprises for the course-end internship at with sufficient duration for preparing reports.

- Student is eligible to attend the course-end exam only when he/she has satisfied requirements on attendance rate and duration of internship.

- Hold course-end exams; the examiners are included in the list of lecturers which is registered by the training facility for certification of its eligibility for training;

- The testing contents shall be compiled by the training facility provided that such contents must be in conformity with the framework program stated in Annex 6 of this Circular.

dd) Take opinions contributed by the students on the course.

2. The training courses must be regularly organized with sufficient training period and contents stated in the framework program attached to this Circular. The training facility is encouraged to expand contents of each seminar and provide more advanced seminars in the training course.

3. The number of students shall not exceed 100 persons for each class for ensuring teaching and learning quality.

4. The training facility makes decision on the rate, management and use of the tuition on the basis of ensuring reasonable expenses of the training course and compliance with the laws.

Article 22. Evaluation of student results and consideration of the eligibility for granting certificate of completion

1. The head of the training facility shall make decision on establishing the evaluation council and promulgating the operating rules of such council for managing organization affairs, evaluating testing results, ranking students at the end of course and considering the eligibility for granting certificates of completion to qualified students.

2. Students with GPA of all tests and reports from 70 marks (out of 100) are considered as qualified students.

3. Certificate of completion includes:

a) Certificate of completion of the training and improving course in real estate brokerage knowledge (using the form stated in Annex 10a of this Circular).

b) Certificate of completion of the training and improving course in knowledge of management of the real estate trading floor (using the form stated in Annex 10b of this Circular).

Certificate of completion of each part of the training course shall be granted to student upon his/her study and completion.

Article 23. Retention of documents and reports

1. Retention of documents

The training facility shall retain documents after each training course within at least 5 years for serving the inspection of the state competent authorities and re-issuance of certificates to students, including:

- List of students and admission documents;

- Decision and list of students who are eligible for granting certificate of completion;

- Students’ exam papers and reports;

- The training facility’s minutes on evaluation of study results;

- List of lecturers in charge of the training course.

2. Report policies

The training facility shall send reports on training results of each course to the construction department of the province where its head office and the classroom are located (using the form stated in Annex 11 of this Circular).

For every 06 months and annually, the construction department shall submit reports to the Ministry of Construction on training status.

The Housing and Real Estate Market Management Agency (Ministry of Construction) shall coordinate with the construction department of provinces to inspect the training facilities for timely taking action against violations in training activities.