GOVERNMENT OF
VIETNAM
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 123/2024/ND-CP
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Hanoi, October
04, 2024
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DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS
AGAINST REGULATIONS ON LAND
Pursuant to the Law on Government Organization
dated June 19, 2015 and the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012; the Law on amendments to certain
Articles of the Law on Actions against administrative violations dated November
13, 2020;
Pursuant to the Land Law dated January 18, 2024;
the Law on amendments to certain Articles of Land Law No. 31/2024/QH15, Housing
Law No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on
Credit Institutions No. 32/2024/QH15 dated June 29, 2024;
At the request of the Minister of Natural
Resources and Environment;
The Government hereby promulgates a Decree on
penalties for administrative violations against regulations on land.
Chapter I
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Article 1. Scope
This Decree provides for administrative violations
against regulations on land (including: Ended administrative violations and
ongoing administrative violations), penalties and fines, remedial measures,
authority to issue offense notices, subjects and authority to impose
administrative penalties for violations of regulations on land including
violations of regulations on land use and violations of regulations on
land-related services.
Article 2. Regulated entities
1. Organizations and individuals committing
administrative violations specified herein on the territory of the Socialist
Republic of Vietnam, unless otherwise provided for by international treaties to
which Vietnam is a signatory, including:
a) Vietnamese individuals residing in Vietnam and
Vietnamese individuals residing abroad, foreign individuals, persons of
Vietnamese descent residing overseas (hereinafter referred to as
“individuals”);
b) Households and residential communities (to be
penalized as individual violators);
c) Vietnamese organizations, foreign organizations,
foreign-invested business organizations, religious organizations, and
subordinate religious organizations.
2. Agencies and persons having authority to impose
penalties, and organizations and individuals related to the imposition of
administrative penalties in accordance with regulations herein.
Article 3. Prescriptive period
of imposition of administrative penalties
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2. The commencement date of a prescriptive period
of imposing an administrative penalty is as follows:
a) For an ended administrative violation specified
in Clause 3 of this Article, the commencement date of a prescriptive period of
imposing an administrative penalty is the date on which that violation ends;
b) For an ongoing administrative violation not
specified in Clause 3 of this Article, the commencement date of a prescriptive
period of imposing an administrative penalty is the date on which the competent
law enforcement officer detects such violation;
3. The date on which a violation ends shall be
determined as follows:
a) For a violation specified in Articles 17, 18,
19, 20, 21, 22, and 23 of this Decree, the date on which the violation ends is
the date on which the involved parties have fulfilled their obligations under a
contract or signed transaction document;
b) For a violation specified in Articles 14, 24,
26, and 27 of this Decree, the date on which the violation ends is the date
when the activities of the violation have been completed;
c) For a violation regulated in Article 28 of this
Decree, the date on which the violation ends is the date when the provision of
inaccurate information, documents, or materials has been completed, or the
expiry date set by an inspection authority on which the requested information,
documents, or materials have not been provided to the organization or
individual assigned to carry out inspection or resolution of land disputes in
accordance with laws.
4. Households and individuals who used land before
October 15, 1993, and have not received any offense notices from the competent
state agencies prior to the effective date of the Land Law 2024 shall not be
subject to penalties according to the provisions of this Decree.
Article 4. Penalties and
remedial measures
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a) Cautions;
b) Fines.
2. Additional penalties:
a) Confiscation of documents that have been erased,
altered, or falsified in content, as well as any fraudulent documents used in
land use.
b) Fixed-term suspension of consulting practice
certificates or licenses for a period of from 6 to 9 months, or suspension of
consulting service provision for a period of from 9 to 12 months.
3. Remedial measures:
In addition to the remedial measures stipulated in
points a and i clause 1 Article 28 of the Law on Actions against administrative
violations, depending on the nature and severity of the violation,
organizations and individuals who commit administrative violations may also be
subject to the following remedial measures:
a) Mandatory land registration;
b) Mandatory implementation of procedures for
approval of large-scale concentrated livestock farming projects;
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d) Mandatory return of land by receivers of land
through disposition, lessees, sublessees, receivers of land contributed as
capital, receivers of property affixed to the land;
dd) Mandatory termination of contracts of lease,
sublease, mortgage, conversion, capital contribution, purchase and sale of
property affixed to land; purchase and sale of property affixed to land and
rights to lease in land lease contracts;
e) Mandatory formulation of agricultural land use
plans, for organizations receiving agricultural land use rights though
conveyance;
g) Mandatory establishment of economic
organizations and formulation of rice cultivation land use plans, for
individuals not directly engaged in agriculture who receive the rice
cultivation land use rights through conveyance in excess of the quota;
i) Mandatory re-signing of land lease contracts;
k) Mandatory submission of applications for the
provincial-level People's Committees’ approval for receipt of land use rights
for project execution;
l) Mandatory use of land;
m) Mandatory submission of documentation for
putting land up for lease in accordance with land laws;
n) Cancelation of results of implementation of
land-related administrative procedure;
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Article 5. Fines and authority
to impose penalties
1. The maximum monetary fine for administrative
violations as stipulated in this Decree shall not exceed the maximum monetary
fine prescribed by the Law on Actions against administrative violations.
2. The fines stipulated in Chapter II of this
Decree shall apply to individuals (except for clauses 4, 5, 6 of Article 18,
clause 1 of Article 19, point b of clause 1 and clause 4 of Article 20, Article
22, clauses 2 and 3 of Article 29 of this Decree). The monetary fine for
organizations is twice that for individuals committing the same administrative
violation.
3. The determination of each specific fine is based
on the fine for each act stipulated in this Decree and the mitigating or
aggravating circumstances as provided by the Law on Actions against
administrative violations and the Decree providing guidance on the
implementation of the Law on Actions against administrative violations.
4. The monetary fines specified in Articles 30 and
31 of this Decree shall be applied to an administrative violation committed by
an individual. The monetary fine for an administrative violation committed by
an organization is twice that for an individual.
5. The imposition of administrative penalties and
the application of remedial measures in cases where transactions regarding the
disposition of land use rights, lease, sublease, and capital contribution with
land use rights are made shall be carried out as follows:
a) In the case of an administrative violation
occurring prior to the disposition of land use rights, the disposing party of
land use rights shall face an administrative penalty and implement remedial
measures for the violation it has caused in accordance with regulations. In the
case where the disposing party is an organization that has been dissolved or
bankrupt, or an individual who has died without heirs or has relocated
elsewhere, and the People's Committee of the commune-level division where the
land is located confirmed that no address can be determined and the land is not
subject to repossession by the State at the time when the violation is
discovered, the receiver shall not be subject to administrative penalties but
must implement remedial measures for the consequences caused by the disposing
party.
The receiver shall face administrative penalties
and implement remedial measures for the consequences caused by themselves (if
any);
b) In cases where land use rights are exchanged
without land-related change registration, the two parties shall be subject to
administrative penalties;
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d) In cases where land use rights are leased out,
subleased out, mortgaged but requirements for lease, sublease or mortgage are
not met and land-related changes have not been registered, the lessor,
sublessor or mortgagee shall be subject to administrative penalties.
Article 6. Determination of
illegal profits
1. Illegal profits refer to the monetary gains
which have been obtained by organizations or individuals from the use of land
after administrative violations against regulations on land are committed, and
must be transferred to the state budget.
In cases where the violation is committed by
multiple organizations or individuals on a single land parcel, the illegal
profits required to be transferred to the state budget must be evenly divided
among the organizations or individuals involved in the violation.
2. The illegal profits related to each specific
violation shall be determined on the basis of the area of the violation and the
duration of the violation, as detailed below:
a) The illegal profits obtained from the use of
land for purposes other than those specified in Articles 8, 9, 10, 11, and 12
of this Decree shall be equal to the difference between the value of the land
use rights of the land type after the violation is committed and the value of
the land use rights of the land type before the violation is committed is
committed, and shall be calculated according to the following formula:
Illegal profits
obtained from the violation
=
The value of the
rights to use the violating land area calculated according to the land type
after the violation is committed(G2)
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The value of the
rights to use the violating land area calculated according to the land type
before the violation is committed (G1)
x
The number of
years in which the violation is committed
The total duration
of land use for the land type after the repurposing is 70 years
G (1,2) = the violating land area (x) land price
calculated according to land price list;
Land area and land price shall be determined at the
time of issuing the offence notice;
Land type before the violation is committed shall
be determined according to the provisions of Article 10 of the Land Law; land
type before the violation is committed shall be determined according to its
status at the time of issuing the offence notice;
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b) The illegal profits obtained from the trespass
to land or land appropriation specified in Article 13 of this Decree shall be
equal to the value of the rights to use the trespassed/appropriated land area,
and calculated according to the following formula:
Illegal profits
obtained from the violation
=
The violating land
area
x
Land price
calculated according to the land price list
x
The number of
years in which the violation is committed
The total duration
of land use for the land type currently being used after trespass or
appropriation is 70 years.
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Land area and land price shall be determined at the
time of issuing the offence notice;
The violated land type shall be the land type after
trespass or appropriation and determined according to the current status of the
land type currently being used at the time of issuing the offence notice;
The number of years in which the violation is
committed shall be calculated from the time of trespassing on land or
appropriating land to the time of issuing the offence notice.
In cases where the violating land area after
trespass to land or appropriation does not have a price listed in the land
price list, the price of the parcel of land that is of the same type as the
land after trespass to land or appropriation at the nearest location to the
violating land area in order to determine the illegal profits;
In case the trespassed or appropriated land has not
been used for the purposes included in the land price list, the competent
agencies or person shall determine illegal profits based on the actual
circumstances of the case, evidence, and any available documents.
c) The illegal profits obtained from the conveyance
of land use rights, capital contribution with land use rights without meeting
requirements shall be equal to the actual value of the conveyed/contributed
land use rights under the signed contract which is not lower than the value
calculated on the basis of the land price included in the land price list at
the time of issuing the offence notice and calculated according to the
following formula:
Illegal profits
obtained from the violation
=
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x
Land price
x
The number of
years in which the violation is committed
The total duration
of land use for the land type after the disposition is 70 years
The number of years in which the violation is
committed shall be calculated from the time of signing the conveyance contract
or contract for capital contribution with land use rights to the time of
issuing the offence notice;
d) The illegal profits obtained from the lease or
sublease of land use rights without meeting requirements shall be equal to the
actual value of the leased/subleased land use rights under the signed contract
which is calculated for the period during which the land use rights have been
leased out/subleased out and is not lower than the land rent calculated on the
basis of the annual land rental unit price at the time of issuing the offence
notice and calculated according to the following formula:
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The number of years in which the violation is
committed shall be calculated from the time of signing the conveyance contract
or contract for capital contribution with land use rights to the time of
issuing the offence notice;
dd) The illegal profits obtained from the
disposition of land use rights, lease or sublease of land use rights, rights to
lease under the land lease contract specified herein in cases where amounts
required to be transferred to the state budget (if any) have been transferred
shall be equal to the profits calculated according to the provisions of point c
and point d of this clause minus (-) the amounts already transferred to the
state budget;
e) In case the number of years over which the
violation is committed is not a whole number, one additional day shall be
equivalent to 0,0028 year.
Article 7. Determination of the
violating land area and the original condition of the land before the violation
is committed
1. The violating land area in cases specified
herein shall be determined as follows:
a) In cases where the entire land parcel has been
marked on the cadastral map, the entire violating land area shall be determined
according to the cadastral map; in cases where the land parcel is not marked on
the cadastral map but is marked on a map that has been used or is currently
using in local land management, the violating land area shall be determined
according to such map.
b) In cases where the violated land is located in
the area which has not yet been marked on the map specified in point a of this
clause or the violating land area is a portion of a land parcel, the person
having authority to issue the offence notice shall determine the scope,
boundaries and boundary markers for determining the violating land area and
record it in the offence notice.
In cases where the violating land area cannot be
surveyed by manual methods, a consultancy unit with surveying capabilities may
be hired to determine the violating land area.
In cases where the violator does not agree with the
surveying results recorded by the person having authority to issue the offence
notice, they may hire a qualified surveying unit to re-determine the violating
land area.
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2. The original condition of the land before the
violation is committed shall be determined according to the land user, the type
of land specified in Article 9 of the Land Law, and the current use of land
before the violation is committed (topography, natural features, structures on
the land) and is recorded in the offence notice.
The original condition of the land before the
violation is committed shall be determined on the basis of records and
documents that reflect the original condition of the land before the violation
is committed. In the absence of records or documents, the person having
authority to issue the offence notice shall verify the original condition of
the land before the violation is committed based on the statements of the
violator and the opinions of the Commune-level People's Committee.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES
Article 8. Conversion of rice
cultivation land into other land types without the competent state agencies’
permission
1. The following fines shall be imposed for the act
of converting the rice cultivation land to another land type included in the
agricultural land category:
a) A fine ranging from 2.000.000 VND to 3.000.000
VND, for the land area of under 0,5 hectare;
b) A fine ranging from 3.000.000 VND to 5.000.000
VND, for the land area of from 0,5 hectare to less than 1 hectare;
c) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 1 hectare to less than 3 hectares;
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2. The following penalties and fines shall be
imposed for the act of converting rice cultivation land into non-agricultural
land (except homestead land) within the administrative boundaries of a commune:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 01 hectare to less than 02 hectares;
e) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of more than 02 hectares;
3. The following penalties and fines shall be
imposed for the act of converting rice cultivation land into homestead land
within the administrative boundaries of a commune:
a) A fine ranging from 20.000.000 VND to 30.000.000
VND, for land area of under 0,01 hectare;
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c) A fine ranging from 50.000.000 VND to 100.000.000
VND, for the land area of from 0,03 hectare to less than 0,05 hectare;
d) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 0,05 hectare to less than 0,1
hectare;
dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 0,1 hectare or more;
4. The penalties and fines imposed for the act of
converting rice cultivation land into non-agricultural land within the
administrative boundaries of a ward or commune-level town shall be twice the
corresponding penalties and fines stipulated in clauses 2 and 3 of this
Article.
5. Remedial measures:
a) Mandatory restoration of the original condition
of the land before the violation is committed, except for the cases specified
in Clause 3, Article 139 of the Land Law;
b) Mandatory return of illegal profits obtained
from the violation.
Article 9. Conversion of
dedicated forest land, protective forest land, production forest land into
other land types without the competent state agencies’ permission
1. The following penalties and fines shall be
imposed for the act of converting dedicated forest land, protective forest land
or production forest land into other land type included in the agricultural
land category:
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b) A fine ranging from 3.000.000 VND to 5.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
c) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 01 hectare to less than 02 hectare;
d) A fine ranging from 10.000.000 VND to 30.000.000
VND, for the land area of 02 hectares or more;
2. The following penalties and fines shall be
imposed for the act of converting dedicated forest land, protective forest land
or production forest land into non-agricultural land (except homestead land)
within the administrative boundaries of a commune:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 01 hectare to less than 02 hectares;
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3. The following penalties and fines shall be
imposed for the act of converting dedicated forest land, protective forest land
or production forest land into homestead land within the administrative
boundaries of a commune:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND, for land area of under 0,02 hectare;
b) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,02 hectare to less than 0,05 hectare;
c) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,05 hectare to less than 0,1
hectare;
d) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 0,1 hectare to less than 0,5
hectare;
dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 0,5 hectare or more;
4. The penalties and fines imposed for the act of
converting dedicated forest land, protective forest land or production forest
land into non-agricultural land within the administrative boundaries of a ward
or commune-level town shall be twice the corresponding penalties and fines
stipulated in clauses 2 and 3 of this Article.
5. Remedial measures:
a) Mandatory restoration of the original condition
of the land before the violation is committed, except for the cases specified
in Clause 3, Article 139 of the Land Law;
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Article 10. Conversion of
agricultural land except rice cultivation land or forest land into
non-agricultural land without the competent state agencies’ permission
1. The following penalties and fines shall be
imposed for the act of converting agricultural land except rice cultivation
land or forest land into non-agricultural land that is not homestead land
within the administrative boundaries of a commune:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 01 hectare to less than 02 hectares;
e) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of 02 hectares or more;
2. The following penalties and fines shall be
imposed for the act of converting agricultural land except rice cultivation
land or forest land into homestead land within the administrative boundaries of
a commune:
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b) A fine ranging from 20.000.000 VND to 30.000.000
VND, for the land area of from 0,01 hectare to less than 0,03 hectare;
c) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,03 hectare to less than 0,05 hectare;
d) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,05 hectare to less than 0,1
hectare;
dd) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of 0,1 hectare or more;
3. The penalties and fines imposed for the act of
converting agricultural land except rice cultivation land or forest land into
non-agricultural land within the administrative boundaries of a ward or commune-level
town shall be twice the corresponding penalties and fines stipulated in clauses
1 and 2 of this Article.
4. Remedial measures:
a) Mandatory restoration of the original condition
of the land before the violation is committed, except for the cases specified
in Clause 3, Article 139 of the Land Law;
b) Mandatory return of illegal profits obtained
from administrative violations.
Article 11. Conversion of
other land types into land for intensive farming when executing large-scale
intensive farming projects without the competent state agencies’ permission
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a) A fine ranging from 20.000.000 VND to 50.000.000
VND, for land area of under 01 hectare;
b) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of 01 hectare or more;
2. Remedial measures:
a) Mandatory restoration of the original condition
of the land before the violation is committed;
b) Mandatory return of illegal profits obtained
from administrative violations.
Article 12. Use of land types
included in the non-agricultural land category for other purposes without the
competent state agencies’ permission
1. The following penalties and fines shall be
imposed for the act of converting non-agricultural land allocated by the State
without land levy collection into other non-agricultural land type (except
homestead land) allocated by the State with land levy collection or leased out
by the State within the administrative boundaries of a commune:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND, for land area of under 0,1 hectare;
b) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
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d) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 01 hectare to less than 02 hectare;
dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 02 hectare or more;
2. The following penalties and fines shall be
imposed for the act of converting non-agricultural land (except homestead land)
into homestead land within the administrative boundaries of a commune:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND, for land area of under 0,02 hectare;
b) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,02 hectare to less than 0,05 hectare;
c) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,05 hectare to less than 0,1
hectare;
d) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 0,1 hectare to less than 0,5
hectare;
dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 0,5 hectare or more;
3. The following penalties and fines shall be
imposed for the act of converting land for construction of public works, land
used for both public and business purposes into land used for non-agricultural
business and production purposes within the administrative boundaries of a
commune:
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b) A fine ranging from 10.000.000 VND to 30.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 01 hectare to less than 02 hectares;
e) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 02 hectares or more;
4. The following penalties and fines shall be
imposed for the act of converting land used for non-agricultural business and
production purposes except commercial land into commercial land within the
administrative boundaries of a commune:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND, for land area of under 0,1 hectare;
b) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
c) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
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dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 02 hectare or more;
5. The fines for repurposing land in the area
within the administrative boundaries of a ward or commune-level town shall be
twice the fines imposed for each corresponding land.
6. Remedial measures:
a) Mandatory restoration of the original condition
of the land before the violation is committed, except for the cases specified
in Clause 3, Article 139 of the Land Law;
b) Mandatory return of illegal profits obtained
from administrative violations.
Article 13. Trespass to land
or land appropriation
1. The following penalties and fines shall be
imposed for the act of trespass to land or appropriation of land managed by an
agency or organization of the State within the administrative boundaries of a
commune which is showed in the cadastral record or documents concerning the
land allocation for management:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for land area of under 0,02 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,02 hectare to less than 0,05 hectare;
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d) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
dd) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
e) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 01 hectare to less than 02 hectares;
g) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 02 hectares or more;
2. The following penalties and fines shall be imposed
for the act of trespass to agricultural land or appropriation of agricultural
land (except rice cultivation land, dedicated forest land, protective forest
land or production forest land) within the administrative boundaries of a
commune that is not specified in clause 1 of this Article:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for land area of under 0,02 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,02 hectare to less than 0,05 hectare;
c) A fine ranging from 10.000.000 VND to 30.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
d) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
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e) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 01 hectare to less than 02 hectares;
g) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 02 hectares or more;
3. The following penalties and fines shall be
imposed for the act of trespass to or appropriation of rice cultivation land, dedicated
forest land, protective forest land or production forest land within the
administrative boundaries of a commune that is not specified in clause 1 of
this Article:
a) A fine ranging from 5.000.000 VND to 10.000.000
VND, for land area of under 0,02 hectare;
b) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,02 hectare to less than 0,05 hectare;
c) A fine ranging from 20.000.000 VND to 30.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
d) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
dd) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
e) A fine ranging from 100.000.000 VND to
200.000.000 VND, for the land area of 01 hectare or more;
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a) A fine ranging from 5.000.000 VND to 10.000.000
VND, for land area of under 0,02 hectare;
b) A fine ranging from 10.000.000 VND to 30.000.000
VND, for the land area of from 0,02 hectare to less than 0,05 hectare;
c) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
d) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
dd) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
e) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 01 hectare or more;
5. The following penalties and fines shall be
imposed for the act of using land that has been subject to a land allocation or
land lease decision issued by the State but has not yet been handed over in
practice to the recipient:
a) A fine ranging from 10.000.000 VND to 30.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
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d) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 150.000.000 VND to
300.000.000 VND, for the land area of from 01 hectare to less than 02 hectare;
e) A fine ranging from 300.000.000 VND to
500.000.000 VND, for the land area of 02 hectare or more;
6. The fines imposed for the act of trespass to or
appropriation of land within the administrative boundaries of a ward or
commune-level town shall be twice the fines imposed for the corresponding land
specified in clauses 1, 2, 3 and 4 of this Article and not exceed 500.000.000
VND for an individual or not exceed 1.000.000.000 VND for an organization.
7. The penalties and fines shall be imposed in
accordance with laws on administrative penalties for violations of specialized
regulations for the act of trespass to or appropriation of land in construction
safety corridors, protected areas; land for construction of works and areas
with safety corridors, land for construction of office premises and public
service facilities of an agency or organization in accordance with laws on
management and use of public property. In cases where the specialized law does
not govern penalties, the penalties shall be imposed in accordance with the
provisions of this Decree.
8. Remedial measures:
a) Mandatory restoration of the original condition
of the land before the violation is committed (including the restoration of
boundaries and landmarks of the land parcel), except in cases of eligibility
for issuance of certificates of land use rights (LURs) and ownership of
property affixed to the land (hereinafter referred to as "certificate of
title”) or cases of temporary use of land until the State repossesses the land
specified in Article 139 of the Land Law and Point b of this Clause;
b) Mandatory following of procedures for handover
of land in practice in accordance with the provisions of Clause 5 of this
Article by the land allottee or lessee;
c) Mandatory return of illegal profits obtained
from administrative violations.
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1. The following penalties and fines shall be
imposed for the act of degrading land quality (the act of removing or reducing
the thickness of the layer of land being cultivated; altering the surface layer
of agricultural land with materials, waste, or land mixed with sand, gravel,
stones, or land of a different composition than that currently in use; causing
impoverishment, erosion, or leaching of agricultural land that results in the
loss or reduction of the use of land for the predetermined purposes):
a) A fine ranging from 2.000.000 VND to 5.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000 VND,
for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 10.000.000 VND to 30.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of 01 hectare or more;
2. The following penalties and fines shall be
imposed for the act of altering the topography (the alteration of land surface
slope; the lowering of land surface; the leveling of dedicated water-covered
land (except irrigation lakes) or the raising or lowering of agricultural
land/aquaculture land surface, that results in the loss or reduction of the use
of land for the predetermined purposes (except in cases of restructuring of
crops and livestock on rice cultivation land from rice cultivation to rice
cultivation combined with aquaculture, construction of buildings directly
serving agriculture on rice cultivation land, conversion of agricultural land
into terraced fields and other forms of land improvement consistent with the
designated usage of land allocated, leased, recognized in usage rights, or in
line with investment projects approved or consented to by the competent
People's Committee):
a) A fine ranging from 5.000.000 VND to 10.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
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d) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 100.000.000 VND to
200.000.000 VND, for the land area of 01 hectare or more;
3. The penalties and fines as prescribed by laws on
administrative penalties for violations of regulations on environment
protection shall be imposed for the act of causing land pollution.
4. The fines for the violations that fall under
circumstances where it is not feasible to restore the land to its original
condition before the violation is committed as prescribed in clause 5 of this
Article shall be twice the corresponding fines specified in clauses 1 and 2 of
this Article but not exceed 500.000.000 VND for an individual or 1.000.000.000
VND for an organization
5. Remedial measures for the violations specified
in Clause 1, Clause 2 of this Article:
Mandatory restoration of the original condition of
the land before the violation is committed, except for cases where the
restoration of the original condition of the land before the violation is
committed is not feasible in practice. The People's Committee of a province
shall, based on the actual condition of the province, determine unfeasible
cases and the extent to which the original condition of the land can be
restored.
Article 15. Obstructing or
hindering the use of land by others
1. A fine ranging from 1.000.000 VND to 3.000.000
VND shall be imposed for the act of placing construction materials or other
items on land parcel the LUR of which is held by the violator or another person
in a manner that obstructs or hinders the use of land by others.
2. A fine ranging from 5.000.000 VND to 10.000.000
VND shall be imposed for the act of digging, building walls, or erecting fences
on land the LUR of which is held by the violator or another person in a manner
that obstructs or hinders the use of land by others.
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Mandatory restoration of the original condition of
the land before the violation is committed.
Article 16. Failure to conduct
land registration
1. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the failure to conduct first-time land
registration as prescribed in points a, b and c clause 1 Article 132 of the
Land Law.
2. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for the failure to conduct land-related change
registration as prescribed in points a, b, i, k, l, m and q clause 1 Article
133 of the Land Law.
3. Remedial measures:
Mandatory conduct of land registration as per
regulations.
Article 17. Disposition,
lease, sublease of land use rights, mortgage of land use rights without
meeting requirements as per regulations
1. The following penalties and fines shall be
imposed for the act of exchanging agricultural land use rights without meeting
requirements as per regulations:
a) A fine ranging from VND 2.000.000 to VND 3.000.000
shall be imposed for the act of exchanging agricultural land use rights without
meeting requirements as prescribed in clause 1 Article 45 of the Land Law;
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c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the act of exchanging agricultural land use rights
without meeting requirements as prescribed in clause 1 Article 45 and Article
47 of the Land Law;
2. A fine ranging from 5.000.000 VND to 10.000.000
VND shall be imposed if an individual who is an ethnic minority is allocated
land or leased out land by the State in accordance with the provision of clause
3, Article 16 of the Land Law (except for the cases specified in clauses 1 and
2 of Article 48 of the Land Law) but conveys, contributes land use rights as
capital, donates, or inherits land use rights.
3. The following penalties and fines shall be
imposed for the act of conveyance, lease, sublease, inheritance or donation of
land use rights; mortgage of land use rights or capital contribution with land
use rights without fully meeting one of the requirement specified in clause 1
Article 45 of the Land Law:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for the act of inheritance or donation of land use rights;
b) A fine ranging from 20.000.000 VND to 30.000.000
VND, for the act of lease or sublease or mortgage of land use rights;
c) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the act of conveyance of LURs or capital contribution with LURs.
4. Remedial measures:
a) Mandatory return of land to the disposing party,
the lessor, or the sublessor by the receiver of LURs through disposition, the
lessee or the sub-lessee, except in cases specified in clauses d and dd of this
clause;
b) Mandatory termination of the contract for
mortgage of LURs;
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d) Mandatory conduct of land registration in cases
of eligibility for issuance of a certificate of title as per regulations;
dd) Mandatory conduct of land registration in cases
where the land cannot be returned to the disposing party that is an
organization that has been dissolved or bankrupt, or an individual who has died
without heirs or has relocated elsewhere, and the People's Committee of the
commune-level division where the land is located confirmed that no address can
be determined and the land is not subject to repossession by the State as
prescribed in Articles 81 and 82 of the Land Law, at the time when the
violation is discovered. The receiver of LURs through disposition must
implement remedial measures to address the consequences resulting from the
disposing party's violations before the disposition of LURs.
Article 18. Disposition,
lease, sublease, mortgage of land that is not subject to disposition, lease,
sublease, mortgage
1. The following penalties and fines shall be
imposed for the act of exchange or mortgage of land use rights, for land
allocated by the State without land levy payment or land use rights recognized
by the State in the mode of land allocation without land levy payment (except
for agricultural land of households and individuals), land leased out by the
State with annual land rent payment, land use rights recognized by the State in
the mode of land allocation with land levy payment or land leased out under
one-off arrangement without fully meeting the financial obligations:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 20.000.000 VND to 30.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 30.000.000 VND to
50.000.000 VND, for the land area of 01 hectare or more;
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a) A fine ranging from 5.000.000 VND to 10.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 50.000.000 VND to 100.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of 01 hectare or more;
3. The following penalties and fines shall be
imposed for the act of conveyance, donation, inheritance of land use rights or
capital contribution with land use rights for land allocated by the State
without land levy payment or land use rights recognized by the State in the
mode of land allocation without land levy payment (except for agricultural land
of households and individuals), land leased out by the State with annual land
rent payment, land use rights recognized by the State in the mode of land
allocation with land levy payment or land leased out under one-off arrangement without
fully meeting the financial obligations:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,1 hectare to less than 0,2
hectare;
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dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 0,5 hectare or more;
4. The following penalties and fines shall be
imposed for the act of conveyance, donation, capital contribution, lease,
mortgage of land use rights, for land allocated by the State to business
organizations or other organizations for management:
a) A fine ranging from 5.000.000 VND to 10.000.000
VND, for land area of under 0,05 hectare;
b) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of from 0,05 hectare to less than 0,1 hectare;
c) A fine ranging from 20.000.000 VND to 50.000.000
VND, for the land area of from 0,1 hectare to less than 0,5 hectare;
d) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 100.000.000 VND to
200.000.000 VND, for the land area of 01 hectare or more;
5. The following penalties and fines shall be
imposed on organizations that donate land use rights to entities not included
in the eligible entities specified in point d clause 1 Article 33 of the Land
Law, for land allocated by the State with land levy collection or leased out by
the State under one-off arrangement:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND, for land area of under 0,05 hectare;
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c) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,1 hectare to less than 0,5
hectare;
d) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 01 hectare or more;
6. The following penalties and fines shall be
imposed on public service providers that are leased out land by the State with
annual land rent payments and are not eligible for using land to develop and
trade infrastructure of industrial zones and industrial clusters but still
sell, mortgage or contribute property affixed to land and rights to lease land
stated in lease contracts as capital:
a) A fine ranging from 50.000.000 VND to
100.000.000 VND, for land area of under 0,05 hectare;
b) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 0,05 hectare to less than 0,1
hectare;
c) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of from 0,1 hectare to less than 0,5
hectare;
d) A fine ranging from 200.000.000 VND to
250.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
dd) A fine ranging from 250.000.000 VND to
300.000.000 VND, for the land area of 01 hectare or more;
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a) Mandatory return of land and property affixed to
land by receivers of land use rights through disposition, receivers of
contributed capitals, lessees, sublessees, receivers of property affixed to
land to land users before disposition, capital contribution, land lease or land
sublease, sale of property affixed to land, except for the cases specified in
point b of this clause and the cases of land repossession stipulated in clause
4 Article 81 of the Land Law;
b) Mandatory conduct of land registration in cases
of eligibility for issuance of certificates of title as prescribed in Article
140 of the Land Law;
c) Mandatory termination of contracts for exchange,
capital contribution, lease, sublease, purchase, sale of property affixed to
land, mortgage of land use rights;
d) Mandatory return of illegal profits obtained
from administrative violations.
Article 19. Business
organizations receiving agricultural land use rights through conveyance without
land use plans; individuals receiving rice cultivation land use rights through
conveyance beyond conveyance limits without business organizations
1. The following penalties and fines shall be
imposed on business organizations receiving agricultural land use rights
through conveyance but failing to have land use plans approved by the
district-level People’s Committees according to the provisions of clause 6
Article 45 of the Land Law:
a) A fine ranging from 20.000.000 VND to 30.000.000
VND, for land area of under 0,5 hectare;
b) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,5 hectare to less than 1,0 hectare;
c) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 1,0 hectare to less than 3,0
hectare;
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2. A fine ranging from 50.000.000 VND to
100.000.000 VND shall be imposed on individuals that are not directly engaged
in agriculture, receive rice cultivation land use rights through conveyance or
donation beyond the conveyance or donation limits but fail to establish
business organizations specified in clause 7 Article 45 of the Land Law.
3. Remedial measures:
a) Mandatory preparation of agricultural land use
plans and submission of them to the district-level People’s Committees, for the
cases specified in clause 1 of this Article;
b) Mandatory establishment of business
organizations and preparation of rice cultivation land use plans, for the cases
specified in clause 2 of this Article.
Article 20. Receiving land use
rights by conveyance or donation in violation of the provisions of clause 8
Article 45 and clause 3 Article 48 of the Land Law
1. The following fines shall be imposed on
organizations, individuals, residential communities, religious organizations,
affiliated religious organizations, persons of Vietnamese descent residing
overseas, and foreign-invested business organizations that receive land use
rights through conveyance or donation in violation of the provisions of clause
1 Article 28 of the Land Law:
a) A fine ranging from 20.000.000 VND to 50.000.000
VND, for individuals, residential communities and persons of Vietnamese descent
residing overseas;
b) A fine ranging from 50.000.000 VND to
100.000.000 VND, for organizations, religious organizations, affiliated
religious organizations, foreign-invested business organizations.
2. A fine ranging from 20.000.000 VND to 50.000.000
VND, for individuals who do not reside in protective forests or dedicated
forests but receive rights to use homestead land and other land in the
protective forests, in strictly protected subdivisions or ecological
restoration subdivisions within the dedicated forests.
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4. A fine ranging from 50.000.000 VND to
100.000.000 VND shall be imposed on business organizations receiving rights to
use protective forest land, dedicated forest land of individuals through conveyance,
except in cases where land repurposing is allowed in accordance with land use
plans or planning that have been approved by competent state agencies.
5. Remedial measures:
Mandatory return of land by conveyees and donees to
the conveyors and donors, except for the cases of land repossession specified
in Article 81 and Article 82 of the Land Law.
Article 21. Selling
property affixed to land and rights to lease in land lease contracts in cases
where the State leases out land with annual land rent collection without
meeting the eligibility requirements specified in Article 46 of the
Land Law
1. A fine ranging from 20.000.000 VND to 30.000.000
VND shall be imposed for the act of selling property affixed to land in cases
where the State leases out land with annual land rent collection for the
purpose of execution of infrastructure projects without meeting one of the
eligibility requirements specified in clause 1 Article 45 of the Land Law.
2. A fine ranging from 30.000.000 VND to 50.000.000
VND shall be imposed for the act of selling property affixed to land in cases
where the State leases out land with annual land rent collection without
meeting one of the requirements specified in clause 1 Article 46 of the Land
Law.
3. A fine ranging from 50.000.000 VND to
100.000.000 VND shall be imposed for the act of selling property affixed to
land in cases where the State leases out land with annual land rent collection
and rights to lease in land lease contracts without meeting one of the
eligibility requirements specified in clause 2 Article 46 of the Land Law.
4. Remedial measures:
a) Mandatory termination of contracts for purchase
and sale of property affixed to land specified in clause 1 and clause 2 of this
Article and termination of contracts for purchase and sale of property affixed
to land and rights to lease in land lease contracts specified in clause 3 of
this Article, except for the cases specified in point b of this clause;
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c) Mandatory continuation of the procedures by
sellers of property affixed to land and rights to lease in land lease contracts
to ensure that all eligibility requirements for selling property are met in
accordance with the provisions of Article 46 of the Land Law.
Article 22. Project developers
that have been leased out land by the State for development and trading of
infrastructure of industrial zones and industrial clusters with annual land
rent payments but have subleased land under one-off arrangement
1. The following penalties and fines shall be
imposed on project developers that have been leased out land by the State for
development and trading of infrastructure of industrial zones and industrial
clusters with annual land rent payments but have subleased land under one-off
arrangement:
a) A fine ranging from 30.000.000 VND to 50.000.000
VND, for land area of under 0,5 hectare;
b) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
c) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 01 hectare to less than 02 hectare;
d) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 02 hectares or more;
2. Remedial measures:
Mandatory re-signature of contracts for leasing
land with annual land rent payments by project developers.
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1. The following penalties and fines shall be imposed
for the act of receiving land use rights for execution of socio-economic
development projects without meeting eligibility requirements as prescribed:
a) A fine ranging from 20.000.000 VND to 30.000.000
VND, for land area of under 0,2 hectare;
b) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 0,2 hectare to less than 0,5 hectare;
c) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of from 0,5 hectare to less than 01 hectare;
d) A fine ranging from 100.000.000 VND to
150.000.000 VND, for the land area of from 01 hectare to less than 02 hectare;
dd) A fine ranging from 150.000.000 VND to
200.000.000 VND, for the land area of 02 hectare or more;
2. Remedial measures:
Mandatory submission of applications for the
provincial People's Committees’ approval for receipt of land use rights for
project execution;
Article 24. Failure to use
land for annual production, aquaculture land for 12 consecutive months,
perennial crop land for 18 consecutive months, forestry land for 24 consecutive
months
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a) A fine ranging from 2.000.000 VND to 5.000.000
VND, for land area of under 0,5 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
c) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of 01 hectare or more;
2. The following penalties and fines shall be
imposed for the act of failing to use perennial crop land for 18 consecutive
months:
a) A fine ranging from 2.000.000 VND to 5.000.000
VND, for land area of under 0,5 hectare;
b) A fine ranging from 5.000.000 VND to 10.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
c) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of 01 hectare or more;
3. The following penalties and fines shall be
imposed for the act of failing to use forestry land for 24 consecutive months:
a) A fine ranging from 3.000.000 VND to 5.000.000
VND, for land area of under 0,5 hectare;
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c) A fine ranging from 10.000.000 VND to 20.000.000
VND, for the land area of 01 hectare or more;
4. Remedial measures:
Mandatory use of land by land users by the end of
the 60-day period, for the acts specified in clause 1 and clause 2; by the end
of the 90-day period, for the act specified in clause 3 of this Article.
Article 25. Failure to follow
procedures for putting land up for lease in the cases specified in clause 3
Article 255 of the Land Law
1. The following penalties and fines shall be
imposed on land users who have been allocated land by the State without land
levy payment before July 01, 2014 and are subject to land lease under the
provisions of Land Law No. 45/2013/QH13 and Land Law No. 31/2024/QH15 but have
not yet submitted documentation for putting the land up for lease by the
effective date of this Decree:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND, for land area of under 0,5 hectare;
b) A fine ranging from 20.000.000 VND to 30.000.000
VND, for the land area of from 0,5 hectare to less than 01 hectare;
c) A fine ranging from 30.000.000 VND to 50.000.000
VND, for the land area of from 01 hectare to less than 02 hectare;
d) A fine ranging from 50.000.000 VND to
100.000.000 VND, for the land area of 02 hectares or more;
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Mandatory submission of documentation for putting
land up for lease in accordance with land laws.
Article 26. Violation against
regulations on management of boundary marks of administrative divisions
1. A fine ranging from 2.000.000 VND to 3.000.000
VND shall be imposed for cases of moving or altering the boundary markers of
administrative divisions.
2. A fine ranging from 3.000.000 VND to 5.000.000
VND shall be imposed for cases of damaging the boundary markers of
administrative divisions.
3. Remedial measures:
Mandatory restoration of original status of the
boundary markers of administrative divisions.
Article 27. Violation against
regulations on documents and records concerning the land use
1. A fine ranging from 2.000.000 VND to 5.000.000
VND shall be imposed for cases of erasing, altering, or falsifying the contents
of documents and records concerning the land use, unless otherwise stipulated
in clauses 2 and 3 of this Article.
2. A fine ranging from 5.000.000 VND to 10.000.000
VND shall be imposed in cases of dishonest declaration about the land use or
the erasement, alteration, or falsification of documents and records concerning
the land use that leads to the issuance of Certificates and the exchange,
conveyance, lease, inheritance, donation, mortgage, or capital contribution
with land use rights being falsified but not to the extent of criminal
prosecution.
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4. Additional penalties:
Confiscation of documents that have been erased, altered,
or falsified in content; fraudulent documents that have been used.
5. Remedial measures:
Cancelation of results of administrative procedures
related to land that have been completed in accordance with the provisions of
clause 3 of this Article.
Article 28. Violation against
regulations on providing land-related information concerning the inspection,
examination and evidence collection for resolving land disputes
1. A warning shall be imposed in cases of delayed
provision of information, documents, and materials related to land inspection
and examination after 07 days from the date of announcement of the decision on
inspection and examination or upon the written request made by the agency or
person having authority to conduct inspection, examination, and evidence
collection for resolving land disputes by the People's Courts and
administrative authorities at all levels.
2. A fine ranging from 2.000.000 VND to 5.000.000
VND shall be imposed in cases of providing inaccurate or incomplete
land-related information as required (in writing) by the responsible
individuals involved in the inspection, examination, and evidence collection
for resolving land disputes by the People's Courts and the administrative
authorities at all levels.
3. A fine ranging from 5.000.000 VND to 10.000.000
VND shall be imposed in cases of failing to provide information, documents and
materials related to the inspection, examination, and evidence collection for
resolving land disputes by the People's Courts and the administrative authorities
at all levels by the end of the required period.
4. Remedial measures:
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Article 29. Violation against
regulations on eligibility requirements for land-related service provision
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for one of the following violations:
a) Individuals practicing as land valuation
consultants within land valuation consulting firms without holding a valuer
certificate as stipulated by the law on prices and without meeting the
eligibility requirements specified in Clause 1 of Article 36 of Decree No.
71/2024/ND-CP regarding land prices;
b) Individuals practicing as independent land valuation
consultants who are not part of a land valuation consulting firm.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for one of the following violations:
a) Providing consulting services for land investigation
and assessment without meeting any of the requirements stipulated in Clause 1,
Article 17 of Decree No. 101/2024/ND-CP on fundamental land investigation;
registering for the issuance of certificates of land use rights, ownership of
property affixed to land and land information systems;
b) Providing consulting services for land valuation
without registering the list of valuers and any changes or additions to the
list of valuers with provincial land authorities where head offices are
registered according to the provisions in point g, clause 2, Article 162 of the
Land Law.
3. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for one of the following violations:
a) Providing consulting services for land valuation
without meeting one of the requirements stipulated in Clause 3, Article 162 of
the Land Law;
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4. A fine ranging from 80.000.000 VND to
120.000.000 VND shall be imposed on institutions providing professional
training and refresher training in land prices without meeting one of the
requirements specified in clause 3 Article 36 of Decree No. 71/2024/ND-CP on
land prices.
5. Additional penalties:
a) Suspension of a practicing certificate/license
for a period of 6 to 9 months from the effective date of the offense notice,
for an organization or individual.
In the case where the practicing
certificate/license is valid for less than the period stated above, the
duration of the suspension of the practicing certificate/license shall be the
remaining effective period of the practicing certificate/license; the practicing
certificate/license shall only be reissued after the suspension period has
expired in accordance with the provisions of this clause;
b) Suspension of operations for 3 months from the
effective date of the offense notice in cases of providing consulting services
for land valuation without registering the list of valuers and any changes or
additions to the list of valuers with provincial land authorities where the
head office is registered according to the provisions in point g, clause 2,
Article 162 of the Land Law;
c) Suspension of operations for the period of 9 to
12 months from the effective date of the offense notice, for an organization
that does not have an operating license;
d) Suspension of operations for the period of 9 to
12 months from the effective date of the offense notice, for an institution
providing professional training and refresher training in land prices without
meeting one of the requirements specified in clause 3 Article 36 of Decree No.
71/2024/ND-CP on land prices.
Chapter III
AUTHORITY TO IMPOSE
ADMINISTRATIVE PENALTIES
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1. The Chairpersons of the commune-level People’s
Committees have the rights to:
a) Issue warnings;
b) Impose a fine up to VND 5.000.000;
c) Confiscate documents that have been erased,
altered, or falsified in content, as well as any fraudulent documents used in
land use.
d) Apply remedial measures:
Mandatory restoration of the original condition of
the land before the violation is committed; mandatory restoration of the
original condition of boundary markers of administrative divisions.
2. The Chairpersons of the district-level People’s
Committees have the right to:
a) Issue warnings;
b) Impose a fine up to VND 100.000.000;
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d) Suspend licenses to provide consulting services
in the land sector for a period of time or suspend the provision of consulting
services in the land sector for a period of time;
dd) Enforce the remedial measures specified in
clause 3 Article 4 of this Decree.
3. The Chairpersons of the provincial People’s
Committees have the right to:
a) Issue warnings;
b) Impose a fine up to VND 500.000.000;
c) Confiscate documents that have been erased,
altered, or falsified in content, as well as any fraudulent documents used in
land use.
d) Suspend licenses to provide consulting services
in the land sector for a period of time or suspend the provision of consulting
services in the land sector for a period of time;
dd) Enforce the remedial measures specified in
clause 3 Article 4 of this Decree.
Article 31. Authority of
specialized inspectors
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a) Issue warnings;
b) Impose a fine up to VND 50.000.000;
c) Confiscate documents that have been erased,
altered, or falsified in content, as well as any fraudulent documents used in
land use.
d) Suspend licenses to provide consulting services
in the land sector for a period of time or suspend the provision of consulting
services in the land sector for a period of time;
dd) Enforce the remedial measures specified in
clause 3 Article 4 of this Decree.
2. Chief Inspectors of provincial authorities,
heads of inspectorates established by the Chief Inspector of the Ministry of
Natural Resources and Environment have the rights to:
a) Issue warnings;
b) Impose a fine up to VND 250.000.000;
c) Confiscate documents that have been erased,
altered, or falsified in content, as well as any fraudulent documents used in
land use.
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dd) Enforce the remedial measures specified in
clause 3 Article 4 of this Decree.
3. The Chief Inspector of the Ministry of Natural
Resources and Environment and the Director of the Department of Planning and
Land Resource Development have the rights to:
a) Issue warnings;
b) Impose a fine up to VND 500.000.000;
c) Confiscate documents that have been erased,
altered, or falsified in content, as well as any fraudulent documents used in
land use.
d) Suspend licenses to provide consulting services
in the land sector for a period of time or suspend the provision of consulting
services in the land sector for a period of time;
dd) Enforce the remedial measures specified in
clause 3 Article 4 of this Decree.
4. National Defense Inspectors have the authority
to impose penalties for administrative violations against regulations on the
use of national defense land according to the provisions of this Decree.
5. Chief Inspectors of Provincial police
authorities and the Chief Inspector of the Ministry of Public Security have the
authority to impose penalties for administrative violations against regulations
on the use of public security land according to the provisions of this Decree.
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Article 32. Offence notices
and authority to issue offence notices
1. Land-related offence notices shall be made in
accordance with the provisions of Article 58 of the Law on Actions against
administrative violations (amended by Clause 29 Article 1 of Law No.
67/2020/QH14); the provisions of Decree No. 118/2021/ND-CP dated December 23,
2021 elaborating certain Articles of the Law on Actions against administrative
violations and providing measures to implement the Law on Actions against
administrative violations and the provisions of this Decree.
2. Persons having authority to issue offence
notices:
a) Persons that have the authority to impose
administrative penalties for violations against regulations on land specified
in Articles 30 and 31 hereof;
b) Heads of inspectorates, members of inspectorates
established by the Chief Inspectors of provincial authorities, officials
engaged in cadastral work of commune-level authorities; officials and public
employees of land authorities at all levels during performance of their
official duties.
Forestry officials and public employees during
performance of their official duties may issue offence notices for violations
related to forestry land. Individuals of the People's Police force who are
currently performing their duties may issue offence notices for violations
specified herein; individuals of the People's Army force who are currently
performing their duties may issue offence notices for violations against
regulations on management and use of defense land;
c) For individuals in authority who are currently
performing official duties not covered by the titles specified in point b of
this clause or outside of their jurisdiction, upon discovering acts that
indicate a potential administrative violation, they must prepare a working
record to document the case and promptly transfer this record to the competent
person for issuance of offence notices.
Article 33. Responsibilities
of persons having authority to impose administrative penalties for violations
against regulations on land
1. When handling the administrative violations
specified in Articles 17, 18, and 20 of this Decree that fall under the cases
of land repossession as stipulated in Articles 81 and 82 of the Land Law, the
persons having authority to impose administrative penalties are responsible for
notifying in writing and transferring the case files to competent authorities
for land repossession in accordance with the provisions of the Land Law.
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3. The written notifications of cases of violation
against regulations on land and cases of completion of the enforcement of
penalties decisions in accordance with the provisions herein shall be sent to
provincial land authorities for public announcement on the web portals of the
Provincial People’s Committees and Departments of Natural Resources and
Environment.
Departments of Natural Resources and Environment
are responsible for compiling lists of cases of administrative violations
against regulations on land and cases of completion of the enforcement of
administrative penalty decisions as stipulated in this Decree, and sending it
them to the Ministry of Natural Resources and Environment for public
announcement on the web portal of the Ministry of Natural Resources and
Environment.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 34. Entry into force
1. This Decree comes into force as of October 04,
2024.
2. Decree No. 91/2019/ND-CP and Article 1 of Decree
No. 04/2022/ND-CP shall be null and void from the effective date of this
Decree.
Article 35. Transitional
provisions
1. Administrative violations against regulations on
land occurring prior to the effective date of this Decree shall be subject to
the following administrative penalties:
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b) In cases where an offence notice has been issued
for an administrative violation but no decision to impose administrative
penalties has been made, the handling shall be as follows:
In the case of expiration of the prescriptive
period and time limit for issuing a decision to impose administrative penalty
as stipulated in point c, clause 1, Article 65 of the Law on Actions against
administrative violations, a penalty decision shall not be issued; however, it
is required to issue a decision to apply the measure of confiscating any
documents that have been erased, altered, or falsified in content, any forged
documents that have been used, and remedial measures (if any). The
application of additional penalties and remedial measures shall comply with
Decrees on administrative penalties for violations against regulations on land
at the time of issuing the offence notice. In cases where this Decree does not
stipulate legal responsibilities or prescribes lighter legal responsibilities,
this Decree shall apply.
In cases where the penalty decision to is still
valid, the penalty and the remedial measures shall be applied in accordance
with decrees on administrative penalties for violations against regulations on
land at the time of issuing the offence notice. In cases where this Decree does
not stipulate legal responsibilities or prescribes lighter legal
responsibilities, this Decree shall apply.
2. For the illegal profits obtained from a
violation that is committed before the effective date of this Decree, the
period for determining the illegal profits to be returned from the effective
date of the Decree stipulating that the violation results in the return of
illegal profits, or from the date on which the violation occurs if the
violation occurred after the effective date of the first Decree on
administrative penalties for violations against regulations on land that
stipulates the requirement to return illegal profits. The calculation of
illegal profits obtained from a violation shall comply with the provisions of
this Decree.
3. For a decision to impose administrative
penalties for a violation against regulations on land that has been issued or
has been fully enforced before the effective date of this Decree, if the
individual or organization subject to the administrative penalties still lodge
complaints, the regulations on administrative penalties for violations against
regulations on land at the issuance date of the penalty decision shall be
applied to resolve the matter.
Article 36. Responsibility for
implementation
1. The Minister of the Ministry of Natural
Resources and Environment is responsible for providing guidance and organizing
implementation of this Decree.
2. Ministers, Heads of ministerial agencies, Heads
of Governmental agencies, the Chairpersons of the People’s Committees of
provinces and central-affiliated cities and relevant entities are responsible
for implementation of this Decree.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha