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

The 2023 Law on Real Estate Business and Decree No. 96/2024/ND-CPrely on the criteria of “small-scale real estate business”, “not for business purposes”and “below small scale” to determine whether individuals conducting real estatetransactions and organizations and individuals selling, leasing or lease-purchasinghouses, construction works and floor areas in construction works are required toestablish a real estate business enterprise and to comply with the provisions of the Lawon Real Estate Business. However, these criteria are imperfect; they risk creatingunfairness, significantly distorting competition among entities participating in the realestate market and leading to loss of state budget revenue. The article analyzes thelimitations 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 realestate business”, “not for business purposes” or “below small scale”, thereby ensuringfairness, controlling speculation and enhancing the effectiveness of State management.Keywords: Small-scale real estate business; sale, lease and lease-purchase ofhouses; construction works not for business purposes; below small scale