What Is Property Consignment: 3 Types, Fees and Contract

Legal basis: Real Estate Business Law No. 29/2023/QH15 (effective 01/08/2024) — clause 11 Article 3, Articles 61, 63, 64; Civil Code 2015 — Article 398 · Updated 25/10/2026.

Property consignment means a homeowner hands a brokerage the job of finding a buyer or tenant for the home, within the term and at the fee stated in the contract. The law treats this as a real estate brokerage service: the broker is only an intermediary (clause 11 Article 3), and the decision to sell or lease, and the final price, remain yours.

Three points of law to remember before you sign:

• There is no maximum fee: the company charges a service fee "as agreed by the parties" (point c clause 1 Article 64).
• At least 1 person with a brokerage certificate in the company accepting the consignment (point c clause 1 Article 61).
• No direct fee to an individual broker: individuals receive remuneration from the company they work for (Article 63); you pay the fee to the company under the contract.

3 common types of consignment

The law does not classify consignment types. These are market terms, differing in how many parties are engaged and how binding the arrangement is:

Type	How it works	Suits
Exclusive	Given to 1 agent for the contract term; another agent can be added only after it expires	High-value homes with few similar units; owners living far away who need one point of contact to handle everything
Non-exclusive	Given to several agents at once; the fee is paid only to the one whose customer completes the deal	Standard homes, projects with many similar units on the market; owners who track prices and viewing schedules themselves
Informal	Asking acquaintances or individuals to advertise, usually a verbal agreement with no service contract	Not recommended: individual brokers may not practise on their own (clause 2 Article 61), and it is hard to hold anyone responsible in a dispute

Detailed comparison on 7 criteria (term, fee, advertising, price control, duplicate listings): exclusive or non-exclusive consignment.

Consignment fee: set by agreement

The 2023 Real Estate Business Law sets no fixed or maximum fee for brokerage services. So what matters is that the fee is put in writing before the agent starts marketing, covering:

• The fee (a fixed amount or a percentage of the transaction price) and who pays it.
• When it arises: only when a sale or lease contract is signed, or whether there are other charges (photography, advertising).
• Cases where the customer forfeits the deposit, where you find the customer yourself, or where you change your mind about selling.

The consignment fee is only one part of the cost of selling. For 2% personal income tax, notarisation fees and mortgage release costs, see costs of selling a home 2026. If you prefer to rent out rather than sell, see the rental consignment service.

Requirements for the consignment agent under the 2023 Real Estate Business Law

Before handing over your home, check that the agent meets Article 61:

1. Is a company doing real estate service business (not an individual acting alone).
2. Has operating regulations for its real estate brokerage service.
3. Has facilities and technical equipment as prescribed by the Government.
4. Has at least 1 individual with a real estate brokerage certificate.
5. Has submitted company information to the provincial real estate business management agency where it is established, for posting on the housing and real estate market information system.

The person who personally takes customers around must hold a practising certificate and work within a brokerage company or trading floor (clause 2 Article 61). A brokerage is also entitled to refuse a home that does not meet the conditions for business (point d clause 1 Article 64) — so a properly run agent will check the home's documents before accepting.

7 terms a consignment contract should contain

The Civil Code 2015 (Article 398) lets both sides agree the contract content. For consignment, read these 7 points carefully:

1. Subject: the home's address, certificate or purchase contract number, area; consigned for sale, for lease, or both.
2. Asking price and right to change it: the initial asking price, who agrees the final price, and how price changes are notified.
3. Term: start date, end date, automatic renewal or an addendum required.
4. Service fee: the amount, when it is paid, and cases where no fee arises.
5. Scope of work: advertising channels, photography, showing customers around, how often enquiries are reported.
6. Customer deposit: whose account it goes into; the broker does not hold money on your behalf without a written authorisation.
7. Early termination and disputes: how much notice, whether a fee applies, where disputes are resolved.

Sign the contract with the company (name, enterprise code, legal representative), not with an individual broker.

How HPR accepts consignments

HPR accepts both exclusive and non-exclusive consignments, for homes for sale and for rent:

• Documents verified before listing: a specialist calls back within 2 working days, reviews a copy of the pink book or the purchase contract, and checks mortgage status and transfer conditions.
• Fee quoted before you sign: sending information and advice on the initial asking price are free; the service fee is negotiated per home and written in the contract — HPR markets the home only after you agree.
• Your phone number is not made public: listings use HPR's contact details.
• HPR does not commit to a time to sell or a fixed selling price.

For the concrete steps, see HPR's consignment process.

This article is for reference and does not replace legal advice for a specific case.

• Quốc hội — Luật Kinh doanh bất động sản số 29/2023/QH15, Điều 61 — điều kiện kinh doanh dịch vụ môi giới, Điều 63 — thù lao, hoa hồng, Điều 64 — quyền của doanh nghiệp, cá nhân môi giới, accessed 25/10/2026.
• LuatVietnam — Tổng hợp điểm mới về hoạt động môi giới bất động sản từ 01/8/2024 (Articles 61, 63, 64), 26/07/2024.
• Thư Viện Nhà Đất — Ký gửi nhà đất là gì? Có bao nhiêu dạng ký gửi nhà đất 2025? (clause 11 Article 3 of the 2023 Real Estate Business Law; 3 types of consignment), 24/05/2025.
• Thư Viện Nhà Đất — Ký gửi nhà đất là gì? Ưu nhược điểm khi ký gửi nhà đất? (Civil Code 2015, Article 398 — contract content), 27/05/2025.