THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
182/2004/ND-CP
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Hanoi,
October 29, 2004
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DECREE
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE LAND
DOMAIN
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
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Administrative violations in the
land domain specified in this Decree are intentional or unintentional acts
committed by individuals and organizations violating provisions of the land
legislation, which, however, are not crimes and shall be administratively
sanctioned according to law provisions.
2. Acts of violation in
topographical and cartographical activities shall be handled according to law
provisions on handling of administrative violations in the domain of topography
and cartography.
Article 2.-
Objects of application
1. Subject to the application of
this Decree are Vietnamese individuals, agencies and organizations (hereinafter
referred collectively to as individuals and organizations) as well as foreign
organizations and individuals, that commit acts of administrative violation in
the use of land, the provision of land-related services in the Vietnamese
territory. In cases where international agreements which the Socialist Republic
of Vietnam has signed or acceded to otherwise provide for, such international
agreements shall apply.
2. State officials and employees
who commit acts of violating the legislation on land management while
performing official duties shall be disciplined according to law provisions on
State officials and employees and the Decree on implementation of the Land Law.
In cases where their acts show signs of crimes, they shall be examined for
penal liability according to law provisions.
Article 3.-
Acts of administrative violation
1. Acts of administrative
violation in the use of land include:
a/ Using land not for right
purposes;
b/ Encroaching upon or
appropriating land;
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d/ Obstructing the use of land
by others;
e/ Converting, transferring,
leasing, sub-leasing, inheriting, donating or giving as gifts the land use
rights or mortgaging, guaranteeing or making capital contribution with the land
use rights without strictly complying with the administrative procedures
prescribed by the land legislation;
f/ Converting, transferring,
donating or giving as gifts land ineligible for land use right transfer without
permission;
g/ Intentionally registering
wrong land categories, or failing to make registrations when changing the land
use purposes;
h/ Delaying the payment of
compensations;
i/ Delaying the payment of land
use levies and/or land rents without permission of State agencies competent to
assign land or lease land;
j/ Intentionally obstructing the
land assignment, lease or recovery by the State;
k/ Failing to return land within
the time limit prescribed in land recovery decisions of competent State
agencies;
l/ Arbitrarily moving or
slanting landmarks put up under land use planning; landmarks showing safety
corridors of works;
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2. Acts of administrative
violation in land-related service activities include:
a/ Acts of administrative
violation in practicing the profession of providing consultancy on land prices
without permission of competent State agencies;
b/ Acts of administrative
violation in practicing the profession of providing consultancy on formulation
of land use plannings and plans without fully satisfying the conditions for
practice registration;
c/ Acts of administrative
violation in practicing the profession of providing land information services,
topographical services and services of drawing cadastral maps.
Article 4.-
Interpretation of terms
In this Decree, the following
terms shall be construed as follows:
1. Use of land not for right
purposes means acts of using land not for right purposes or of right categories
stated in land use right certificates or land assignment decisions, land lease
decisions, decisions permitting the change of land use right purposes or other
papers on land use rights prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law.
2. Land encroachment means the
removal without competent State bodies’ permission by current land users of
landmarks of their land plots’ boundaries in order to expand their land
acreages.
3. Land appropriation means the
use of land without permission of competent State agencies or land users, or
the use of land temporarily assigned or lent by the State without returning
such land upon the expiry of land assignment or borrowing duration.
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5. Delayed payment of
compensations means acts of failing by organizations or individuals to comply
with the time limit for paying compensations to persons whose land are
recovered under the provisions of the Decree on compensations in support of
resettlement when the State recovers land.
Article 5.-
Statute of limitations for sanctioning administrative violations
1. The statute of limitations
for sanctioning administrative violations in the land domain is two (02) years
counting from the date such administrative violations are committed.
2. For individuals who have
already been sued or prosecuted or who are, by already issued decisions, to be
brought to trial according to criminal procedures and, later decisions to
suspend the investigation or their cases are issued but their violation acts
show signs of administrative violation, the statute of limitations for
sanctioning administrative violations shall be three (03) months after the
persons with sanctioning competence receive suspension decisions and dossiers
of violation cases.
3. In cases where the statute of
limitations for sanctioning administrative violations have expired but acts of
administrative violation are not yet sanctioned, competent persons shall not
sanction the administrative violations but apply remedial measures provided for
in Clause 3, Article 6 of this Decree.
4. Within the time limit
prescribed in Clauses 1 and 2 of this Article, if persons who have committed
acts of violation commit new acts of administrative violation prescribed in
this Decree or intentionally shirk or obstruct the sanctioning, the statute of limitations
for sanctioning must be recalculated from the time of committing new acts of
administrative violation or the time of terminating acts of shirking or
obstructing the sanctioning.
Article 6.-
Sanctioning forms and remedial measures
1. Principal sanctioning forms
include:
a/ Caution;
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2. Additional sanctioning forms
include confiscation of material evidences and means used for committing
administrative violations.
3. Remedial measures to be
applied in sanctioning of land-related administrative violations mean compelled
restoration of original state of land before violation commission.
Article 7.-
Principles for sanctioning administrative violations in the land domain
1. All acts of administrative
violation must be promptly detected, stopped and handled in association with
the performance of responsibilities of local administrations and the land
inspection and examination. The sanctioning of administrative violations must
be conducted in a quick, just and thorough manner. All consequences caused by
acts of administrative violation must be overcome according to the provisions
of this Decree and relevant law provisions.
2. Individuals and organizations
shall be administratively sanctioned when committing administrative violations
prescribed in this Decree.
3. The sanctioning of
administrative violations must be conducted by competent persons defined in
Articles 25, 26 and 27 of this Decree.
4. One act of administrative
violation shall be administratively sanctioned only once.
If many persons jointly commit
one act of administrative violation, each of them shall be sanctioned.
One person who commits many acts
of administrative violation shall be sanctioned for each violation act.
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6. Principal sanctioning forms
shall be applied independently, additional sanctioning forms and remedial
measures shall only be applied together with principal sanctioning forms
against acts of administrative violation for which additional sanctioning form
and remedial measures are prescribed in this Decree, except for the cases
prescribed in Clause 3, Article 35 of this Decree.
7. Sanctioning forms and levels
shall be determined on the basis of nature and seriousness of violations,
consequences of administrative violation acts, personal record of
administrative violation act committers, extenuating as well as aggravating
circumstances.
Extenuating circumstances and
aggravating circumstances shall be applied according to the provisions of
Articles 7 and 8 of the Ordinance on Handling of Administrative Violations.
8. Specific sanctioning level
against a violation act shall be the average level of the sanctioning bracket
prescribed for such act. If a violation involves extenuating circumstance(s),
the applicable fine level may be lowered but must not be lower than the minimum
level of the sanctioning bracket. If a violation act involves aggravating
circumstance(s), the applicable fine level may be higher but must not exceed
the maximum level of the sanctioning bracket.
Article 8.-
Determination of extent of consequences of administrative violation acts
1. Extent of consequence of an
administrative violation act shall be determined on the principle that value of
the right to use the target land area shall be monetized at the land price set
by the People’s Committee of the province or centrally-run city where such land
is located and divided into the following four levels:
a/ Level (1): Cases where the
value of the right to use the target land area is monetized at below two
million dong (VND 2,000,000) for agricultural land, or below ten million dong
(VND 10,000,000) for non-agricultural land;
b/ Level (2): Cases where the
value of the right to use the target land area is monetized at between two
million dong (VND 2,000,000) and under five million dong (VND 5,000,000) for
agricultural land, or between ten million dong (VND 10,000,000) and under
twenty five million dong (VND 25,000,000) for non-agricultural land;
c/ Level (3): Cases where the
value of the right to use the target land area is monetized at between five
million dong (VND 5,000,000) and under ten million dong (VND 10,000,000) for
agricultural land, or between twenty five million dong (VND 25,000,000) and
fifty million dong (VND 50,000,000) for non-agricultural land;
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2. For unused land areas being
target of violations, the lowest agricultural land price of the province or
centrally-run city at the time of sanctioning shall apply.
Chapter II
ADMINISTRATIVE VIOLATION
ACTS, SANCTIONING FORMS AND LEVELS
Section 1.
ADMINISTRATIVE VIOLATION ACTS IN THE LAND USE, SANCTIONING FORMS
AND LEVELS
Article 9.-
Use of land not for right purposes
1. Acts of using land not for
right purposes, which do not fall into the cases prescribed in Clauses 2, 3, 4
and 5 of this Article, shall be subject to the following sanctioning forms and
levels:
a/ Caution or a fine of between
one hundred thousand dong (VND 100,000) and two hundred thousand dong (VND
200,000) shall be imposed for a violation act causing the consequence of level
(1);
b/ A fine of between two hundred
thousand dong (VND 200,000) and five hundred thousand dong (VND 500,000) shall
be imposed for a violation act causing the consequence of level (2);
c/ A fine of between five
hundred thousand dong (VND 500,000) and two million dong (VND 2,000,000) shall
be imposed for a violation act causing the consequence of level (3);
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2. Acts of converting land for
wet-rice farming with controllable irrigation and drainage systems and high
yields into land for planting perennial trees, digging ponds or lakes or
conducting salt water into rice fields for aquaculture without permission of
competent People’s Committees shall be subject to the following sanctioning
forms and levels:
a/ A fine of between one hundred
thousand dong (VND 100,000) and five hundred thousand dong (VND 500,000) shall
be imposed for a violation act causing the consequence of level (1);
b/ A fine of between five
hundred thousand dong (VND 500,000) and three million dong (VND 3,000,000)
shall be imposed for a violation act causing the consequence of level (2);
c/ A fine of between three
million dong (VND 3,000,000) and five million dong (VND 5,000,000) shall be
imposed for a violation act causing the consequence of level (3);
d/ A fine of between five
million dong (VND 5,000,000) and twenty million dong (VND 20,000,000) shall be
imposed for a violation act causing the consequence of level (4).
3. Acts of using land under
special-use or protective forests for other purposes without permission of
competent People’s Committees shall be subject to the following sanctioning
forms and levels:
a/ A fine of between two hundred
thousand dong (VND 200,000) and five hundred thousand dong (VND 500,000) shall
be imposed for a violation act causing the consequence of level (1);
b/ A fine of between five
hundred thousand dong (VND 500,000) and three million dong (VND 3,000,000)
shall be imposed for a violation act causing the consequence of level (2);
c/ A fine of between three
million dong (VND 3,000,000) and fifteen million dong (VND 15,000,000) shall be
imposed for a violation act causing the consequence of level (3);
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4. Acts of converting
non-agricultural land assigned by the State without land use levy collection
into non-agricultural land liable to payment of land use levies as prescribed,
or converting non-agricultural land other than residential land into
residential land without permission of competent People’s Committees shall be
subject to the following sanctioning forms and levels:
a/ A fine of between five
hundred thousand dong (VND 500,000) and two million dong (VND 2,000,000) shall
be imposed for a violation act causing the consequence of level (1);
b/ A fine of between two million
dong (VND 2,000,000) and ten million dong (VND 10,000,000) shall be imposed for
a violation act causing the consequence of level (2);
c/ A fine of between ten million
dong (VND 10,000,000) and twenty million dong (VND 20,000,000) shall be imposed
for a violation act causing the consequence of level (3);
d/ A fine of between twenty
million dong (VND 20,000,000) and thirty million dong (VND 30,000,000) shall be
imposed for a violation act causing the consequence of level (4).
5. Acts of using land for
constructing works, investing in real estate within urban areas, industrial
parks, hi-tech parks or economic zones in contravention of the already
publicized detailed land use plannings or plans shall be subject to the
following sanctioning forms and levels:
a/ A fine of between five
hundred thousand dong (VND 500,000) and two million dong (VND 2,000,000) shall
be imposed for a violation act causing the consequence of level (1);
b/ A fine of between two million
dong (VND 2,000,000) and ten million dong (VND 10,000,000) shall be imposed for
a violation act causing the consequence of level (2);
c/ A fine of between ten million
dong (VND 10,000,000) and twenty million dong (VND 20,000,000) shall be imposed
for a violation act causing the consequence of level (3);
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6. Compelled restoration of
original state of land before the violation commission shall be imposed for
violations prescribed in Clauses 1, 2, 3, 4 and 5 of this Article.
Article
10.- Land encroachment and appropriation
1. Acts of encroaching or
appropriating land, which do not fall into the cases prescribed in Clauses 2
and 3 of this Article, shall be subject to the following sanctioning forms and
levels:
a/ A fine of between one hundred
thousand dong (VND 100,000) and five hundred thousand dong (VND 500,000) shall
be imposed for a violation act causing the consequence of level (1);
b/ A fine of between five
hundred thousand dong (VND 500,000) and two million dong (VND 2,000,000) shall
be imposed for a violation act causing the consequence of level (2);
c/ A fine of between two million
dong (VND 2,000,000) and ten million dong (VND 10,000,000) shall be imposed for
a violation act causing the consequence of level (3);
d/ A fine of between ten million
dong (VND 10,000,000) and twenty million dong (VND 20,000,000) shall be imposed
for a violation act causing the consequence of level (4).
2. Acts of encroaching or
appropriating land within the safety protection corridors of works, land in
urban areas, land with historical-cultural relics, beauty landscapes or scenic
places already classified or protected under decisions of the People’s
Committees of the provinces or centrally-run cities shall be subject to the
sanctioning forms and levels prescribed in the Decree on sanctioning of
administrative violations in specialized domains related to safety protection
corridors of works, urban areas, land with historical-cultural relics, beauty
landscapes or scenic places. In cases where relevant law provisions do not
exist, the sanctioning forms and levels shall be as follows:
a/ A fine of between two hundred
thousand dong (VND 200,000) and five hundred thousand dong (VND 500,000) shall
be imposed for a violation act causing the consequence of level (1);
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c/ A fine of between three
million dong (VND 3,000,000) and ten million dong (VND 10,000,000) shall be
imposed for a violation act causing the consequence of level (3);
d/ A fine of between ten million
dong (VND 10,000,000) and thirty million dong (VND 30,000,000) shall be imposed
for a violation act causing the consequence of level (4).
3. For acts of encroaching or
appropriating land being used for defense purposes, the applicable sanctioning
forms and levels shall comply with the provisions of the Decree on sanctioning
of administrative violations in the defense domain.
4. Compelled restoration of
original state of land before the violation commission shall be imposed for
violations prescribed in Clauses 1 and 2 of this Article.
Article
11.- Destruction of land
1. Acts of degrading land
quality or deforming land terrain, thus causing land utility decline or loss
according to the already determined land use purposes shall be subject to the
following sanctioning forms and levels:
a/ A fine of between two hundred
thousand dong (VND 200,000) and five hundred thousand dong (VND 500,000) shall
be imposed for a violation act causing the consequence of level (1);
b/ A fine of between five hundred
thousand dong (VND 500,000) and two million dong (VND 2,000,000) shall be
imposed for a violation act causing the consequence of level (2);
c/ A fine of between two million
dong (VND 2,000,000) and ten million dong (VND 10,000,000) shall be imposed for
a violation act causing the consequence of level (3);
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2. Acts of polluting land with
consequences being loss of land utility according to already determined
purposes shall be subject to the following sanctioning forms and levels:
a/ A fine of between five
hundred thousand dong (VND 500,000) and two million dong (VND 2,000,000) shall
be imposed for a violation act causing the consequence of level (1);
b/ A fine of between two million
dong (VND 2,000,000) and ten million dong (VND 10,000,000) shall be imposed for
a violation act causing the consequence of level (2);
c/ A fine of between ten million
dong (VND 10,000,000) and twenty million dong (VND 20,000,000) shall be imposed
for a violation act causing the consequence of level (3);
d/ A fine of between twenty
million dong (VND 20,000,000) and thirty million dong (VND 30,000,000) shall be
imposed for a violation act causing the consequence of level (4).
3. Confiscation of material
evidences and means used for committing administrative violation acts or
compelled application of measures to address the polluting activities or
compelled restoration of original land terrain before violation commission
shall be imposed for acts prescribed in Clauses 1 and 2 of this Article.
Article
12.- Obstructing the land use by others
1. A fine of between one hundred
thousand dong (VND 100,000) and five hundred thousand dong (VND 500,000) shall
be imposed for an act of placing without permission construction materials,
waste matters or other things on land plots of others, thus obstructing the
latter’s land use.
2. A fine of between five
hundred thousand dong (VND 500,000) and three million dong (VND 3,000,000)
shall be imposed for an act of bringing without permission construction
materials, waste matters or other things onto land plots of others, thus
reducing the land utility or harming the latter’s land use.
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4. Confiscation of material
evidences and means used for committing administrative violation acts,
compelled restoration of original state of land before the violation commission
shall be imposed for acts prescribed in Clauses 1, 2 and 3 of this Article.
Article
13.- Conversion, transfer, lease, sub-lease, inheritance or donation of
land use rights or mortgage of, guarantee or capital contribution with land use
right without strictly complying with the administrative procedures prescribed
by the land legislation
A fine of between two hundred
thousand dong (VND 200,000) and five hundred thousand dong (VND 500,000) shall
be imposed for every act of converting, transferring, leasing, sub-leasing,
inheriting or donating land use rights or mortgaging, providing guarantees or
contributing capital with land use rights without strictly complying with the
administrative procedures prescribed by the land legislation.
Article
14.- Conversion, transfer or donation without permission of land ineligible
for land use right transfer
1. A fine of between five
million dong (VND 5,000,000) and ten million dong (VND 10,000,000) shall be
imposed for an act of converting, transferring or donating without permission
land ineligible for land use right transfer prescribed in Article 106 of the
Land Law.
2. A fine of between ten million
dong (VND 10,000,000) and twenty million dong (VND 20,000,000) shall be imposed
for an act of converting, transferring or donating encroached or appropriated
land.
3. Compelled restoration of
original state of land before violation commission or compelled return of
encroached or appropriated land areas.
Article
15.- Intentional registration of wrong land categories, failure to make
registration upon change of land use purposes
Caution or a fine of between one
hundred thousand dong (VND 100,000) and two hundred thousand dong (VND 200,000)
shall be imposed for an act of intentionally registering wrong land categories
or failing to make registration upon change of land use purposes.
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A fine equal to 0.04% of payable
compensation amount shall be imposed for each day of delayed compensation
payment as from the date the competent State agency rules that compensations
must be made, for acts of delaying compensation payment.
Article
17.- Delayed payment of land use levies or land rents without permission of
State agencies competent to assign or lease land
Caution or a fine equal to 0.02%
of the payable amount for each day of delayed payment as from the date
competent State agencies rule that land use levies or land rents must be paid,
shall be imposed for acts of delaying the payment of land use levies or land
rents.
Article
18.- Intentional obstruction of land assignment, land lease or land
recovery
1. Caution or a fine of between
one hundred thousand dong (VND 100,000) and two hundred thousand dong (VND
200,000) shall be imposed for an act of failing to show up at locations for
land handover at requests of competent State agencies without plausible
reasons.
2. A fine of between two hundred
thousand dong (VND 200,000) and five hundred thousand dong (VND 500,000) shall
be imposed for an act of obstructing State officials and/or employees of
competent State agencies from determining landmarks, handing over land, leasing
or recovering land on the field.
Article
19.- Failure to return land within the time limits prescribed in land
recovery decisions of competent State agencies
A fine of between five hundred
thousand dong (VND 500,000) and three million dong (VND 3,000,000) shall be imposed
for an act of intentionally shirking or delaying the return of land within the
time limits prescribed in land recovery decisions of competent State agencies,
for which the compensation plans have already been implemented according to law
provisions.
Article
20.- Removal without permission, slanting or damaging of landmarks put up
under land use plannings; landmarks showing works’ safety corridors
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2. A fine of between one million
dong (VND 1,000,000) and five million dong (VND 5,000,000) shall be imposed for
an act of intentionally damaging landmarks put up under land use plannings or
landmarks showing works’ safety corridors.
3. Confiscation of material
evidences or means used for committing administrative violation acts shall be
imposed for acts prescribed in Clauses 1 and 2 of this Article.
Article
21.- Falsification of papers and documents in the land use
1. A fine of between five
hundred thousand dong (VND 500,000) and one million dong (VND 1,000,000) shall
be imposed for an act of erasing or modifying papers or documents in the land
use, which do not fall into the cases prescribed in Clause 2 of this Article.
2. A fine of between five
hundred thousand dong (VND 500,000) and two million dong (VND 2,000,000) shall
be imposed for an act of erasing or modifying papers or documents in the land
use, which deviate the issuance of land use right certificates; conversion,
transfer, lease, inheritance, donation, mortgage of, guarantee or capital
contribution with land use rights but not seriously enough for penal liability
examination.
Section 2.
ACTS OF ADMINISTRATIVE VIOLATION IN LAND-RELATED SERVICE ACTIVITIES, AND
SANCTIONING FORMS AND LEVELS, REMEDIAL MEASURES
Article
22.- Professional practice of consultancy on land prices without being
licensed by competent State agencies
1. Caution or a fine of between
one hundred thousand dong (VND 100,000) and two hundred thousand dong (VND
200,000) shall be imposed for an act of practicing the consultancy on land
prices without being licensed by competent State agencies.
2. A fine of between ten million
dong (VND 10,000,000) and twenty million dong (VND 20,000,000) shall be imposed
for each of the acts prescribed in Clause 1 of this Article, which causes
damage to the State or other people.
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4. A fine of between five
million dong (VND 5,000,000) and ten million dong (VND 10,000,000) shall be
imposed for an act prescribed in Clause 3 of this Article, which causes damage
to the State or other people.
Article
23.- Professional practice of consultancy on formulation of land use
plannings or plans without fully satisfying the conditions for practice
registration
Caution or a fine of between two
hundred thousand dong (VND 200,000) and five hundred thousand dong (VND
500,000) shall be imposed for an act of practicing the profession of providing
consultancy on formulation of land use plannings or plans without fully
satisfying the law-prescribed conditions for registering professional practice
of providing consultancy on formulation of land use plannings or plans.
Article
24.- Professional practice of provision of land information services
without fully satisfying the conditions for practice registration, professional
practice of provision of cadastral measurement and mapping services without
being licensed by competent State agencies
1. Caution or a fine of between
one hundred thousand dong (VND 100,000) and two hundred thousand dong (VND
200,000) shall be imposed for an act of practicing the profession of providing
land information services without fully satisfying the conditions for practice
registration, or practicing the profession of providing topographical services
and cadastral map-drawing services without being licensed by competent State
agencies.
2. A fine of between five
million dong (VND 5,000,000) and ten million dong (VND 10,000,000) shall be
imposed for an act prescribed in Clause 1 of this Article, which causes damage
to the State or other people.
Chapter III
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS
Article
25.- Competence of presidents of People’s Committees of all levels to
sanction administrative violations
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a/ Impose a caution;
b/ Impose fines of up to five
hundred thousand dong (VND 500,000);
c/ Confiscate material evidences
and means used for committing administrative violations, which are valued at up
to five hundred thousand dong (VND 500,000);
d/ Compel the restoration of original
state of land before the violation commission.
2. Presidents of People’s
Committees of urban districts, rural districts, provincial capitals or towns
can:
a/ Impose a caution;
b/ Impose fines of up to twenty
million dong (VND 20,000,000);
c/ Confiscate material evidences
and means used for committing administrative violations;
d/ Compel the restoration of
original state of land before the violation commission.
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a/ Impose a caution;
b/ Impose fines of up to thirty
million dong (VND 30,000,000);
c/ Confiscate material evidences
and means used for committing administrative violations;
d/ Compel the restoration of
original state of land before the violation commission.
Article
26.- Competence of specialized land inspectorates to sanction
administrative violations
1. Land inspectors while
performing official duties can:
a/ Impose a caution;
b/ Impose fines of up to two
hundred thousand dong (VND 200,000);
c/ Confiscate material evidences
and means used for committing administrative violations, which are valued at up
to two million dong (VND 2,000,000);
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a/ Impose a caution;
b/ Impose fines of up to twenty
million dong (VND 20,000,000);
c/ Confiscate material evidences
and means used for committing administrative violations;
d/ Compel the restoration of
original state of land before the violation commission.
3. Chief inspector of the
Ministry of Natural Resources and Environment can:
a/ Impose a caution;
b/ Impose fines of up to thirty
million dong (VND 30,000,000);
c/ Confiscate material evidences
and means used for committing administrative violations;
d/ Compel the restoration of
original state of land before the violation commission.
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The authorized sanctioning of administrative
violations and principles for determining competence to sanction administrative
violations shall comply with the provisions of Articles 41 and 42 of the
Ordinance on Handling of Administrative Violations and relevant law provisions.
Article 28.-
Responsibilities of persons competent to sanction administrative violations for
cases of land recovery, temporary suspension or cessation of land-related
service activities
1. The handling of
administrative violations falling into the cases where land must be recovered
prescribed in Article 38 of the Land Law must comply with the following
regulations:
a/ Persons with sanctioning
competence defined in Articles 25, 26 and 27 of this Decree, who are concurrently
competent to recover land as prescribed in Article 44 of the Land Law, shall
simultaneously conduct the sanctioning of administrative violations and the
land recovery.
b/ Persons with sanctioning
competence defined in Articles 25, 26 and 27 of this Decree, who are not
competent to recover land, shall conduct the sanctioning of administrative
violations and have to request in writing the People’s Committees of the
competent levels to issue land recovery decisions. The People’s Committees of
the competent levels shall have to recover land in cases where they have enough
grounds. In cases where the grounds prescribed by the land legislation for land
recovery are not enough, they must notify the requesters, the sanctioned
persons and the People’s Committees of communes, wards and district townships
where the land is located of the reasons therefor.
c/ Upon the expiry of the
statute of limitations for sanctioning prescribed in Article 5 of this Decree,
persons with sanctioning competence shall have to make written records on
administrative violations and issue land recovery decisions in cases where such
recovery falls under their competence or request the People’s Committees of
competent levels to recover land in cases where such recovery falls beyond their
competence.
2. When handling administrative
violations falling into the cases prescribed in Articles 22 and 24 of this
Decree, persons competent to sanction administrative violations shall have to
notify such to competent State agencies which have licensed the professional
practice for further handling according to law provisions.
3. When considering violations
cases to decide on administrative sanctions, if deeming that violation acts
show signs of crimes, persons competent to sanction administrative violations,
instead of retaining such cases for administrative sanctioning, shall have to
immediately forward the dossiers thereof to competent criminal
proceeding-conducting agencies.
In cases where sanctioning
decisions have already been issued but later the decision issuers detect that
the violation acts show signs of crimes before the statute of limitations for
penal liability examination expires, they shall have to cancel such decisions
and transfer, within three (03) days after canceling the sanctioning decisions,
dossiers of violation cases to competent criminal proceeding-conducting
agencies.
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PROCEDURES FOR
SANCTIONING ADMINISTRATIVE VIOLATIONS AND EXECUTING SANCTIONING DECISIONS
Article
29.- Procedures for sanctioning administrative violations in the land
domain
Procedures for sanctioning
administrative violations in the land domain shall comply with the provisions
of the Ordinance on Handling of Administrative Violations and the Government’s
Decree No. 134/2003/ND-CP of November 14, 2003 detailing the implementation of
a number of articles of the Ordinance on Handling of Administrative Violations.
Article
30.- Execution of decisions on sanctioning of administrative violations in
the land domain
1. Persons sanctioned for
administrative violations in the land domain must execute the sanctioning
decisions within ten (10) days after receiving such sanctioning decisions.
2. Past the time limit
prescribed in Clause 1 of this Article, if persons sanctioned for
administrative violations fail to voluntarily execute the sanctioning
decisions, they shall be coerced to do so with the following measures:
a/ Deduction of part of salary
or income or deduction of bank deposits;
b/ Distraint of assets with
equal value for auctions;
c/ Other coercive measures for
execution of sanctioning decisions.
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4. Competence, procedures for,
and organization of coercive execution of decisions on sanctioning of
administrative violations shall comply with the provisions of Articles 66 and
67 of the Ordinance on Handling of Administrative Violations.
Article
31.- Complaints, denunciations and initiation of lawsuits
1. Persons sanctioned for
administrative violations in the land domain or their lawful representatives
may lodge complaints about decisions on sanctioning of administrative
violations.
2. Every citizen has the right
to denounce illegal acts in handling of administrative violations.
3. Competence, procedures and
time limit for settling complaints and denunciations shall comply with law
provisions on complaints and denunciations.
4. The initiation of lawsuits
against decisions on sanctioning of administrative violations in the land
domain shall comply with law provisions on procedures for settlement of
administrative cases.
Chapter V
IMPLEMENTATION PROVISIONS
Article
32.- Implementation effect
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This Decree replaces the
Government’s Decree No. 04/CP of January 10, 1997 on sanctioning of
administrative violations in the domain of land management and use.
To annul all previous
stipulations which are contrary to the provisions of this Decree.
Article
33.- Implementation responsibilities
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and the
presidents of the People’s Committees of all levels shall have to implement
this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai