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COMBINED
DOCUMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 73/2026/VBHN-ND-BNNMT
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Hanoi, July 27, 2026
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DECREE
On penalties for
administrative violations against regulations on land
Decree No. 123/2024/ND-CP
dated October 04, 2024 of the Government on penalties for administrative
violations against regulations on land, which comes into force from
October 04, 2024, is amended by:
Decree No. 281/2026/ND-CP
dated July 13, 2026 of the Government amending Decree No. 123/2024/ND-CP dated
October 04, 2024 of the Government on penalties for administrative violations
against regulations on land, which comes into force from August 31, 2026.
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law dated November 22, 2019 on
Amendments to the Law on Government Organization and the Law on Local
Government Organization;
Pursuant to the Law on
Handling of Administrative Violations dated June 20, 2012; and the Law on
amendments to certain Articles of the Law on Handling of Administrative
Violations dated November 13, 2020;
Pursuant to the Land
Law dated January 18, 2024; the Law on amendments to the Land Law No.
31/2024/QH15, the Law on Housing No. 27/2023/QH15, the Law on Real Estate
Business No. 29/2023/QH15 and the Law on Credit Institutions No. 32/2024/QH15
dated June 29, 2024;
At the request of the
Minister of Natural Resources and Environment;
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Chapter I
GENERAL PROVISIONS
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.
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Article 3. Prescriptive
period of imposition of administrative penalties
1. The prescriptive period
for imposition of an administrative penalty for a violation of regulations on
land shall be 02 years.
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.
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Article
3a. Principles for determining
administrative violations against regulations on land
1. Where a special zone
administrative unit recognized as an urban area of a particular type performs
the tasks and exercises the powers corresponding to those of the local
government of a ward, the penalty applicable to a ward-level administrative
unit shall apply to administrative violations against regulations on land
committed in such special zone administrative unit; where a special zone
administrative unit performs the tasks and exercises the powers corresponding
to those of the local government of a commune, the penalty applicable to a
commune-level administrative unit shall apply to administrative violations
against regulations on land committed in such special zone administrative unit.
2. Where a husband and
wife jointly hold land use rights, they shall be subject to administrative
penalties as a single individual.
Article 4. Penalties
and remedial measures
1. Administrative
penalties:
a) Cautions;
b) Fines.
2. Additional penalties:
a) (annulled)
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3. Remedial measures:
In addition to the
remedial measures stipulated in points a and i clause 1 Article 28 of the Law
on Handling of 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) (annulled)
c) Mandatory fulfillment
of financial obligations and implementation of procedures for land handover in
the field;
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;
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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;
o) Mandatory provision and
re-provision of information, documents and materials.
p) Mandatory restoration
of the original condition of the land before the violation is committed.
q) Mandatory restoration
of original status of the boundary markers of administrative divisions.
r) Mandatory
re-performance of administrative procedures related to land;
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Article 5. Fines and
authority to impose penalties
1. The maximum fine for
administrative violations as stipulated in this Decree shall not exceed the
maximum fine prescribed by the Law on Handling of 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 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
Handling of Administrative Violations and the Decree providing guidance on the
implementation of the Law on Handling of Administrative Violations.
4. The fines specified in
Articles 30 and 31 of this Decree shall be applied to an administrative
violation committed by an individual. The 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.
Where the violator has
paid amounts to the state budget arising from the use of the land in violation,
the illegal profits payable shall be reduced by the amounts already paid to the
state budget.
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
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=
The value of the rights to use the violating land area
calculated according to the land type after the violation is committed(G2)
-
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
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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;
The number of years in
which the violation is committed shall be calculated from the time of using
land for the other purposes to the time of issuing the offence notice.
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
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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.
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.
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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
=
The violating land area
x
Land price
x
The number of years in which the violation is committed
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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;
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:
The illegal profits
obtained from the violation = the violating land area (x) the annual land
rental unit price (x) the number of years in which the violation is committed.
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
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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.
The cost of hiring a
consultancy unit with surveying capabilities to determine the violating land
area specified in this point shall be borne by the violator.
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
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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 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 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 03 hectare;
d) A fine ranging from
10.000.000 VND to 30.000.000 VND, for the land area of 03 hectares or more;
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;
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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;
b) A fine ranging from
30.000.000 VND to 50.000.000 VND, for the land area of from 0,01 hectare to
less than 0,03 hectare;
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 shall be twice the corresponding
penalties and fines stipulated in clauses 2 and 3 of this Article.
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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 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:
a) A fine ranging from
2.000.000 VND to 3.000.000 VND, for 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 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:
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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;
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;
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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 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 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 administrative violations.
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;
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d) A fine ranging from
20.000.000 VND to 50.000.000 VND, for the land area of from 0,5 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:
a) A fine ranging from
10.000.000 VND to 20.000.000 VND, for land area of under 0,01 hectare;
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;
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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
1. The following penalties
and fines shall be imposed for the act of converting other land types into land
for intensive farming when executing large-scale intensive farming projects:
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;
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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;
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. 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;
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c) A fine ranging from
50.000.000 VND to 100.000.000 VND, for the land area of from 0,05 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:
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 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;
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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;
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;
5. The fines for
repurposing land in the area within the administrative boundaries of a ward
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;
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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;
c) 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;
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;
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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;
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;
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;
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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;
4. The following penalties
and fines shall be imposed for the act of trespass to or appropriation of
non-agricultural 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 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;
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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;
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 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 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.
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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.
Article 14. Land
destruction
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;
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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;
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;
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
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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.
3. Remedial measures:
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, except for cases
where land use rights are acquired for implementing an investment project
through agreement on the acquisition of land use rights in accordance with
Article 127 of the Land Law.
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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;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the act of exchanging
agricultural land use rights without meeting requirements as prescribed in
Article 47 of the Land Law;
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;
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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;
c) Mandatory return of
illegal profits obtained from administrative violations.
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 allocated by the
State or 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:
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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;
2. The following penalties
and fines shall be imposed for the act of lease or sublease 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 allocated by the
State or 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
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;
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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;
d) A fine ranging from
100.000.000 VND to 150.000.000 VND, for the land area of from 0,2 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 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;
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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;
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;
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 0,5 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:
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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;
7. Remedial measures:
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.
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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 competent 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;
d) A fine ranging from
100.000.000 VND to 200.000.000 VND, for the land area of 03 hectares or more;
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 competent 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.
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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.
3. A fine ranging from
20.000.000 VND to 50.000.000 VND shall be imposed for the act of receiving land
use rights through conveyance, receiving land use rights contributed as
capitals, receiving land use rights by donation or inheritance, for land of
ethnic minorities who are 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 Article 48 of the Land Law).
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 46. Conditions
for selling property affixed to land and rights to lease in land lease
contracts in relation to land which is leased out by the State with annual land
rent payments
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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;
b) Mandatory continuation
of the procedures by conveyees of property affixed to land, 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, in cases where sellers of property affixed to land
are organizations that have been dissolved or bankrupt and are not subject to
land repossession by the State;
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;
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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.
Article 23. Receiving
land use rights for the purpose of execution of socio-economic development
projects without having written approvals made by the provincial People’s
Committees prescribed in point c clause 3 Article 127 of the Land Law
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;
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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;
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
1. The following penalties
and fines shall be imposed for the act of failing to use land for annual
production, aquaculture land for 12 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;
2. The following penalties
and fines shall be imposed for the act of failing to use perennial crop land
for 18 consecutive months:
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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;
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;
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
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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;
2. Remedial measures:
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.
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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 easement, 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.
3. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed for cases of using fraudulent
documents during the completion of administrative procedures and other work
related to land, provided that these violations are not to the extent of
criminal prosecution.
4.
(annulled)
5.
Remedial measures:
a) Mandatory
re-performance of administrative procedures related to land in accordance with
regulations in the cases specified in Clauses 1 and 2 of this Article;
b) Cancelation of results
of processing of administrative procedures related to land in the case
specified in clause 3 of this Article.
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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 after 07 days from the date of announcement of the
decision on inspection or upon the written request made by the agency or person
having authority to conduct inspection, 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 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 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:
Mandatory provisions and
re-provision of information, documents and materials, for the cases specified
in this Article.
Article 29. Violation
against regulations on eligibility requirements for land-related service
provision
1.
(annulled)
2. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for one of the following
violations:
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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.
(annulled)
4.
(annulled)
5. Additional penalties:
a) (annulled)
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) (annulled)
d) (annulled);
Chapter III
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Article 30. Authority
to impose administrative penalties of the Chairpersons of the People's
Committees of all levels
1.
The Chairpersons of the commune-level People’s Committees have the right to:
a) Issue warnings;
b) Impose a fine up to VND
250.000.000;
b) Suspension of the
provision of consulting services for a period of 03 months.
d) Impose the remedial
measures mentioned in Clause 3 Article 4 of this Decree.
2.
(annulled)
3. The Chairpersons of the
provincial People’s Committees have the right to:
a) Issue warnings;
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c) (annulled)
d) Suspension of the
provision of consulting services for a period of 03 months.
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.
Article 31. Authority
of specialized inspectors and examiners
1.
The head of a specialized land inspectorate established by the Director of the
Land Administration Department, the head of a land inspectorate established by
the Head of an organization under the Ministry of Agriculture and Environment
assigned to carry out inspection tasks under the state management of the
Ministry, the Director of the Department of Agriculture and Environment shall
have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 400.000.000.
c) (annulled)
b) Suspension of the
provision of consulting services for a period of 03 months.
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2.
(annulled)
3.
The head of a specialized land inspectorate established by the Director of the
Land Administration Department, the head of a land inspectorate established by
the Head of an organization under the Ministry of Agriculture and Environment
assigned to carry out inspection tasks under the state management of the
Ministry shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND
500.000.000;
c) (annulled)
d) Suspension of the provision
of consulting services for a period of 03 months.
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.
The inspector titles within the People's Public Security Forces specified in
Article 7 of Decree No. 189/2025/ND-CP dated July 01, 2025 of the Government
elaborating the Law on Handling Administrative Violations regarding the power
to impose administrative penalties shall have the power to impose
administrative penalties for administrative violations in the use of security
land in accordance with 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 Article 58 of the
Law on Handling Administrative Violations (amended by Clause 29 Article 1 of
Law No. 67/2020/QH14 and clause 9 Article 1 of Law No. 88/2025/QH15); Article
12 of Decree No. 118/2021/ND-CP dated December 23, 2021 elaborating certain
Articles of the Law on Handling Administrative Violations (amended by Decree
No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP) and this Decree.
2. Persons having the
power 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 and members of
inspection teams; heads and members of specialized land inspectorates; heads
and members of inspectorates established by heads of organizations affiliated
to the Ministry of Agriculture and Environment and assigned to perform
inspection tasks under the Ministry's state management; and civil servants and
public employees performing official duties in the field of land.
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
Public Security Forces who are currently performing their duties may issue
offence notices for violations against regulations on land; 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 Agriculture and Environment.
Departments of Agriculture
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 Agriculture and Environment for public
announcement on the web portal of the Ministry of Agriculture and Environment.
Chapter IV
IMLEMENTARY PROVISIONS
Article 34. Entry in
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 Handling of 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 Agriculture and Environment are responsible for guidance and
organization of 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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The Ministry of
Agriculture and Environment
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Nguyen Thi Phuong Hoa