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GOVERNMENT OF
VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 281/2026/ND-CP
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Hanoi, July 13, 2026
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DECREE
On Amendments to
certain Articles of the Government’s Decree No. 123/2024/ND-CP dated October
04, 2024 on administrative penalties for violations against regulations on land
Pursuant to Law on
Government Organization No. 63/2025/QH15;
Pursuant to Law on
Organization of Local Government No. 72/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13 amended by Law No.
54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15,
Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15;
Pursuant to Land Law
No. 31/2024/QH15 amended by Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No.
58/2024/QH15, Law No. 71/2025/QH15, Law No. 84/2025/QH15, Law No. 93/2025/QH15,
Law No. 95/2025/QH15, Law No. 146/2025/QH15 and Law No. 147/2025/QH15;
Pursuant to Resolution
No. 254/2025/QH15 of the National Assembly providing regulations and policies
for resolving difficulties during the implementation of the Land Law;
At the request of the
Minister of Agriculture and Environment;
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Article 1. Addition of
Article 3a after Article 3
“Article 3a. Principles
for determining administrative violations against regulations on land
1. Where a special
administrative division is recognized as an urban area under law and performs
the tasks and exercises the powers corresponding to those of a ward-level local
government, administrative penalties for administrative violations against
regulations on land committed in such special administrative division shall be
imposed at the same rates as those applicable to a ward-level administrative
division. Where a special administrative division performs the tasks and
exercises the powers corresponding to those of a commune-level local
government, administrative penalties for administrative violations against
regulations on land committed in such special administrative division shall be
imposed at the same rates as those applicable to a commune-level administrative
division.
2. Where a husband and
wife jointly hold land use rights, they shall be subject to administrative
penalties as a single individual.”.
Article 2. Amendments
to point b clause 2 and addition of points p, q, r and s after point o clause 3
of Article 4
1. Amendments to Point b Clause 2
“b) Suspension of
consultancy service provision for a fixed period of 03 months.”
2. Addition of points p, q, r, s after point o clause 3 of
Article 4
“p) Mandatory restoration
of the original condition of the land prior to the violation;
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r) Mandatory
re-performance of land-related administrative procedures;
s) Mandatory surrender of
documents that have been erased, altered or falsified in terms of their
contents, and counterfeit documents that have been used.”.
Article 3. Amendments
to Clause 1 of Article 6
“1. Illegal profits mean
monetary gains obtained by an organization or individual from the use of land
following the commission of an administrative violation against regulations on
land, which must be transferred to the state budget.
Where a violation is
jointly committed by multiple organizations or individuals on the same land
parcel, the illegal profits payable to the state budget shall be divided evenly
among the violating organizations or individuals.
Where the violator has
paid amounts into the state budget arising from the use of land in violation,
the illegal profits payable shall be reduced by the amounts already transferred
to the state budget.”
Article 4. Amendments
to Clause 2 of Article 16
“2. A fine of VND
2.000.000 to VND 3.000.000 shall be imposed for failure to register
land-related changes as prescribed in Points a, b, i, k, l, m and q Clause 1
Article 133 of the Land Law, except where land use rights are acquired for the
implementation of an investment project through an agreement on the acquisition
of land use rights in accordance with Article 127 of the Land Law.”.
Article 5. Amendments
to Clause 5 of Article 27
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a) Mandatory
re-performance of land-related administrative procedures in accordance with law
in the cases specified in Clauses 1 and 2 of this Article;
b) Cancellation of the
results of settlement of land-related administrative procedures in the case
specified in Clause 3 of this Article;
c) Mandatory surrender of
documents that have been erased, altered or falsified in terms of their
contents, and counterfeit documents that have been used.”.
Article 6. Amendments
to certain clauses of Article 30
1. Amendments to Clause 1
“1. The Chairperson of the
People’s Committee of a commune has the power to:
a) Issue warnings;
b) Impose fines of up to
VND 250.000.000;
c) Suspend consultancy
service provision for a fixed period of 03 months;
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2. Amendments to Point d Clause 3
“d) Suspend consultancy
service provision for a fixed period of 03 months;”.
Article 7. Amendments
to certain clauses of Article 31
1. Amendments to the introductory wording of Clause 1
“1. The heads of
specialized land inspectorates established by the Director General of the Land
Administration Department; the heads of inspectorates established by heads of
organizations under the Ministry of Agriculture and Environment assigned to
perform inspection tasks under the Ministry's state management; and the
Directors of Departments of Agriculture and Environment have the power to:”.
2. Amendments to Point b Clause 1
“b) Impose fines of up to
VND 400.000.000;”.
3. Amendments to the introductory wording of Clause 3
“3. The heads of
specialized land inspectorates established by the Minister of Agriculture and
Environment, the Director General of the Land Administration Department and
heads of organizations under the Ministry of Agriculture and Environment
assigned to perform inspection tasks under the Ministry's state management have
the power to:”.
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“d) Suspend consultancy
service provision for a fixed period of 03 months;”.
5. Amendments to Clause 5
“5. Independent inspector
titles within the People's Police Forces specified in Article 7 of Decree No.
189/2025/ND-CP dated July 01, 2025 of the Government elaborating the Law on
Handling of 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.
Police titles specified in
Article 8 of Decree No. 189/2025/ND-CP dated July 01, 2025 of the Government
elaborating the Law on Handling of Administrative Violations regarding the
power to impose administrative penalties shall have the power, within their
respective competence, to impose administrative penalties for administrative
violations in the use of security land specified in Clause 1 and Clause 5 of
Article 12; Clause 1, Clause 4 and Clause 6 of Article 13; Article 15; Clause 3
of Article 27; and Article 28 of Decree No. 123/2024/ND-CP.”.
Article 8. Amendments
to Clause 1 and Point b Clause 2 of Article 32
1. Amendments to clause 1
“1. Land-related offence
notices shall be made in accordance with Article 58 of the Law on Handling of
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 of Administrative Violations (amended by Decree No.
68/2025/ND-CP dated March 18, 2025 and Decree No. 190/2025/ND-CP dated July 01,
2025); and this Decree.”.
2. Amendments to Point b Clause 2:
“b) Heads and members of
independent inspectorates; heads and members of specialized land inspectorates;
heads and members of inspectorates established by heads of organizations under
the Ministry of Agriculture and Environment assigned to perform inspection
tasks under the Ministry's state management; and civil servants and public
employees performing official duties in the land sector.
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Article 9. Addition,
replacement and annulment of certain phrases, points and clauses in articles
1. The phrase “giao đất hoặc”
(“land allocation or”) shall be added after the phrase “đất được Nhà nước cho
thuê đất trả tiền thuê hàng năm, đất được Nhà nước” (“land leased by the State
with annual land rent payment, land”) in Clauses 1 and 2 of Article 18. The
phrase “, kiểm tra” (“, and inspection”) shall be added after the phrase “thanh
tra” (“independent inspection”) in the heading of Article 31.
2. The phrase “chuyển nhượng”
(“conveyance”) shall be replaced with the phrase “chuyển quyền” (“disposition”)
in Point a Clause 5 of Article 5. The phrase “cấp huyện” (“district-level
authority”) shall be replaced with the phrase “cấp có thẩm quyền” (“competent
authority”) in Clause 1 and Point a Clause 3 of Article 19. The phrase “Tài
nguyên và Môi trường” (“Natural Resources and Environment”) shall be replaced
with the phrase “Nông nghiệp và Môi trường” (“Agriculture and Environment”) in
Clause 3 of Article 33 and Clause 1 of Article 36.
3. The phrase “thanh tra,”
(“independent inspection,”) in Point c Clause 3 of Article 3 and Clauses 1, 2
and 3 of Article 28 shall be annulled. The phrase ", thị trấn” (“and
commune-level towns”) in Clause 4 of Article 8, Clause 4 of Article 9, Clause 3
of Article 10, Clause 5 of Article 12 and Clause 6 of Article 13 shall be
annulled.
4. Point a Clause 2 and
Point b Clause 3 of Article 4; Clause 4 of Article 27; Clause 1, Point a Clause
2, Clauses 3 and 4, and Points a, c and d Clause 5 of Article 29; Point c
Clause 1, Clause 2 and Point c Clause 3 of Article 30; and Point c Clause 1,
Clause 2 and Point c Clause 3 of Article 31 shall be annulled.
Article 10. Effect
This Decree comes into
force from August 31, 2026.
Article 11.
Transitional clause
1. Where an offence notice
has been issued for failure to register land-related changes before the
effective date of this Decree in a case involving the acquisition of land use
rights by conveyance for the implementation of an investment project through an
agreement on acquisition of land use rights through disposition in accordance
with Article 127 of the Land Law, but no penalty decision has been issued, no
administrative penalty shall be imposed. Where a penalty decision was
issued on a date between January 31, 2026 and the effective date of this
Decree, but the violator has not yet complied with that decision, the decision
shall not be enforced.
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a) Where an offence notice
and a penalty decision have been issued but the penalty has not yet been fully
executed, the decision already issued shall continue to be enforced;
b) Where an offence notice
has been issued for an administrative violation but no penalty decision has
been made, the handling shall be as follows:
Where the prescriptive
period for imposing administrative penalties or the time limit for issuing a
penalty decision under Point c Clause 1 Article 65 of the Law on Handling of
Administrative Violations has expired, no penalty decision shall be issued, but
a decision to impose remedial measures must still be issued, if applicable.
The imposition of remedial measures shall comply with the Decree on
administrative penalties for violations against regulations on land in force at
the time the offence notice was issued. Where this Decree does not
prescribe legal liability or prescribes less severe legal liability, this
Decree shall apply.
Where the time limit for
issuing a penalty decision has not expired, the penalties and remedial measures
shall be applied in accordance with the Decree on administrative penalties for
violations against regulations on land in force at the time the offence notice
was issued. Where this Decree does not prescribe legal liability or
prescribes less severe legal liability, this Decree shall apply.
3. Where a penalty
decision was issued or fully enforced before the effective date of this Decree
and the individual or organization subject to the administrative penalty has
lodged a complaint that remains unresolved, the Law on Handling of
Administrative Violations, the Government's Decrees on administrative penalties
and relevant legislative documents in force at the time the penalty decision
was issued shall be applied for handling.
Article 12.
Responsibility for implementation
1. The Minister of
Agriculture and Environment are responsible for guidance and organization of
implementation of this Decree.
2. Ministers, Heads of
ministerial agencies, 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 GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Quoc Dung