THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 4-CP
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Hanoi, January
10,1997
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DECREE
OF THE GOVERNMENT ON SANCTIONS AGAINST ADMINISTRATIVE
VIOLATIONS IN THE DOMAIN OF LAND MANAGEMENT AND USE
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Land Law of July 14, 1993;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
For the unified application of sanctions against administrative violations in
the domain of land management and use;
At the proposal of the General Director of the General Land Administration,
DECREES:
Chapter I
ACTS OF ADMINISTRATIVE
VIOLATION IN LAND MANAGEMENT AND USE, FORMS AND LEVELS OF SANCTION
Article 1.-
Using land for wrong purposes:
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2. A fine of 1,000,000 VND to
5,000,000 VND shall be imposed on acts of using without permission first or
second category agricultural land currently under rice to build up gardens, to
plant perennial trees, to dig ponds or build dwelling houses.
3. A fine of 2,000,000 VND to
10,000,000 VND shall be imposed on acts of using without permission forestry
land with forests thereon for other purposes.
4. A fine of 5,000,000 VND to
20,000,000 VND shall be imposed on an organization�s acts of changing without permission land of
special use into residential land or using that land for business and service
activities.
5. In addition to the levels of
sanction prescribed in Items 1, 2, 3 and 4 of this Article, the following
measures shall also be applied:
a/ Forcible restoration of the
original state of land which has been changed by the administrative violation.
b/ Forcible compensation up to
1,000,000 VND for damage caused by the administrative violation.
Article 2.-
Infringing upon or appropriating land:
1. A fine of 1,000,000 VND to
5,000,000 VND shall be imposed on acts of removing landmarks without permission
or using a land area exceeding the permitted level as provided for in Items 2
and 3 of this Article.
2. A fine of 5,000,000 VND to
10,000,000 VND shall be imposed on acts of infringing upon or appropriating
land.
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4. The acts of infringing upon
or appropriating defense and security land shall be sanctioned in accordance
with the forms and levels of sanction prescribed in Article 21 of Decree
No.24-CP of April 18, 1996 of the Government on sanctions against
administrative violations in the field of national defense.
5. In addition to the sanctions
prescribed in Items 1, 2, 3 and 4 of this Article, the following measures shall
also be applied:
a/ Recovery of the infringed or
appropriated land area.
b/ Forcible compensation up to
1,000,000 VND for damage caused by the administrative violation.
Article 3.-
Reducing the production capacity of agricultural and forestry land:
1. A warning or fine of 200,000
VND to 500,000 VND shall be served on acts of using agricultural and forestry
land, intentionally not taking anti-erosion measures, thus degenerating the
land.
2. A fine of 500,000 VND to
2,000,000 VND shall be imposed on acts of removing the arable layer of land,
thus reducing the arability and fertility of the land.
3. A fine of 1,000,000 VND to
5,000,000 VND shall be imposed on acts of discharging waste materials, thus
polluting and reducing the arability of the land.
4. Additional sanctions:
Confiscation of tools used for administrative violations.
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Article 4.-
Obstructing the use of land by other persons:
1. A fine of 100,000 VND to
500,000 VND shall be imposed on acts of leaving construction materials or other
objects, thus obstructing the use of land by other persons.
2. A fine of 500,000 VND to
3,000,000 VND shall be imposed on acts of discharging objects or waste, thus
obstructing the use or reducing the possibility of use of land by other
persons.
3. A fine of 1,000,000 VND to 5,000,000
VND shall be imposed on acts of digging, thus obstructing or causing damage to
the use of land by other persons.
4. In addition to the sanctions
provided for in Items 1, 2 and 3 of this Article, the following measures shall
also be applied:
a/ Forcible restoration of the
original state of land which has been changed due to the administrative
violation.
b/ Forcible compensation up to
1,000,000 VND for damage caused by the administrative violation.
Article 5.-
Exchanging or assigning the land use right without permission:
1. A warning or a fine of
200,000 VND to 1,000,000 VND shall be imposed on acts of exchanging or
assigning the lawful land use right without permission from the competent State
agency.
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Article 6.-
Exchanging or assigning illegally used land without permission:
1. A fine of 5,000,000 VND to
10,000,000 VND shall be imposed on acts of exchanging or assigning without
permission the land use right under dispute or without valid papers.
2. A fine of 10,000,000 VND to
20,000,000 VND shall be imposed on acts of exchanging or assigning the infringed
or appropriated land.
3. In addition to the sanctions
prescribed in Items 1 and 2 of this Article, the violator shall be forced to
cancel his/her contract on the illegal exchange or assignment.
Article 7.-
Leasing agricultural land for perennial tree planting or aquaculture in
contravention of the provisions of Article 78 of the Land Law:
1. A warning or a fine of 50,000
VND to 100,000 VND shall be imposed on the household and/or individual that
have the right to lease land but lease it beyond the prescribed term.
2. A fine of 200,000 VND to
500,000 VND shall be imposed on the household and/or individual who lease land
but do not belong to the following categories: lonely or poor persons, families
with economic difficulties due to the change to another occupation which has
not brought stable livelihood or due to the lack of labor force.
3. In addition to the sanctions
prescribed in Items 1 and 2 of this Article, the following measures shall also
be applied:
a/ Retrieval of the money earned
from the illegal land lease.
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Article 8.-
Intentional failure to declare or register the use of land or declare and
register it at variance with the actual category and type of land:
1. A warning or a fine of 50,000
VND to 200,000 VND shall be imposed on acts of deliberate failure to make
initial declaration and registration of the land use right.
2. A warning or a fine of
100,000 VND to 500,000 VND shall be imposed on acts of deliberately not
declaring and/or registering changes of the land use right.
3. A fine of 200,000 VND to
1,000,000 VND shall be imposed on acts of deliberately not declaring and/or
registering the actual land category and type.
4. In addition to the sanctions
prescribed in Items 1, 2 and 3 of this Article, the following measures shall
also be applied:
a/ The violator shall be forced
to declare and register the land use right or to make a new declaration and
registration of the correct category and type of land.
b/ Forcible compensation up to
1,000,000 VND for damage caused by acts of deliberately not declaring and
registering or falsely declaring and registering the land category and type.
Article 9.-
Deliberate prolongation of the time limit of compensation for damage caused to
the user(s) of land to be recovered so that the land might be assigned to
him/herself:
1. A fine of 500,000 VND to
2,000,000 VND shall be imposed on acts of delaying, prolonging the compensation
period.
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a/ Forcible full payment of
compensation according to the value of the land at the time when the
compensation is decided.
b/ Forcible compensation up to 1,000,000
VND for damage caused by the administrative violation.
Article
10.- Violations of regulations on the payment of the land administration
fee:
1. A warning or a fine of 50,000
VND to 100,000 VND shall be served on a household or individual committing acts
of delaying or prolonging the payment of the land administration fee according
to the prescribed time limit.
2. A fine of 100,000 VND to
500,000 VND shall be imposed on an organization which commits acts of delaying
and prolonging the payment of the land administration fee according to the
prescribed time limit.
3. In addition to the sanctions
provided for in Items 1 and 2 of this Article, the violator shall be forced to
pay fully the prescribed land administration fee.
Article
11.- Prolonging the time limit for the observance of land recovery
decisions issued by competent State agencies:
1. A fine of 500,000 VND to
3,000,000 VND shall be imposed on acts of evading or delaying the return of the
land on schedule after the land recovery decision has been issued by the
competent State agency.
2. In addition to the sanctions
provided for in Item 1 of this Article, the following measures shall also be
applied:
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b/ Compensation up to 1,000,000
VND for damage caused by the administrative violation.
Article
12.- Obstructing the land assignment, investigation, determination of land
prices and measurement of land, elaboration of land maps, determination of
administrative boundaries, landmarks for land survey, inspection, handling of
complaints and denunciations and settlement of land disputes:
1. A warning or a fine of 50,000
VND to 500,000 VND shall be served on acts of failing to show up for land
assignment at the request of the competent State agency.
2. A warning or a fine of
200,000 VND to 500,000 VND shall be served on acts of failing to produce or
evading or delaying the showing of papers on land related to the determination
of land prices, inspection, handling of complaints and denunciations,
settlement of land disputes and other acts aimed at obstructing the land
measurement, determination of administrative boundaries and landmarks for land
survey conducted by officers from the competent State agency.
Article
13.- Removing or changing without permission, damaging administrative
boundaries and landmarks for land survey:
1. A fine of 100,000 VND to
500,000 VND shall be imposed on acts of removing or changing administrative
boundaries and landmarks for land survey without permission.
2. A fine of 1,000,000 VND to
5,000,000 VND shall be imposed on acts of intentionally damaging administrative
boundaries and landmarks for land survey.
3. Additional sanctions:
Confiscation of tools and material evidences used for the administrative
violation.
4. Forcible compensation up to
1,000,000 VND for damage caused by the administrative violation as provided for
in Items 1 and 2 of this Article.
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1. A fine of 500,000 VND to
1,000,000 VND shall be imposed on acts of erasing, correcting papers, documents
and certificates concerning land which are not defined in Item 2 of this
Article.
2. A fine of 500,000 VND to
2,000,000 VND shall be imposed on acts of erasing, correcting documents and
certificates, thus causing the land assignment, re-assignment, transfer, lease,
mortgage and inheritance to differ from the stipulations of the State but not
seriously enough to be examined for penal liability.
3. In addition to the sanction
levels prescribed in Items 1 and 2 of this Article, the following measures
shall also be applied:
a/ Forcible remaking papers,
documents and certificates in accordance with their earlier contents.
b/ Recovery of the land area
which has been assigned at variance with the stipulations of the State.
Chapter II
COMPETENCE, PROCEDURES,
PRINCIPLES AND MEASURES FOR SANCTIONING
Article
15.- Competence of the People’s Committees of all levels to handle
administrative violations:
1. Competence of the People’s
Committee of commune, ward and township to handle administrative violations:
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a/ To issue a warning.
b/ To impose fines up to 200,000
VND.
c/ To order the confiscation of material
evidences and tools used for the administrative violation valued up to 500,000
VND.
d/ To force the compensation up
to 500,000 VND for damage caused by the administrative violation.
e/ To force the restoration of
the original state of the land which has been changed by the administrative
violation.
f/ To stop the activities
obstructing the use of land.
2. Competence of the People�s Committee of district, town
and provincial city to handle administrative violations:
The President of the People�s Committee at district level
shall have the right:
a/ To issue a warning.
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c/ To order the confiscation of
material evidences and tools used for the administrative violation.
d/ To force the restoration of
the original state of the land which has been changed by the administrative
violation, or force the dismantlement of the illegal constructions.
e/ To force the compensation up
to 1,000,000 VND for damage caused by the administrative violation.
f/ To stop the activities obstructing
the use of land.
g/ To order the recovery of the
land in accordance with their competence prescribed in the Land Law.
3. Competence of the People’s
Committee of the province and city directly under the Central Government to
handle administrative violations.
The President of the People’s
Committee at provincial level shall have the right:
a/ To issue a warning.
b/ To impose fines up to
20,000,000 VND.
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Article
16.- Competence of the specialized State Inspectorate for Land
Administration to sanction administrative violations:
1. The specialized Land
Administration inspector on duty shall have the right:
a/ To issue a warning.
b/ To impose fines up to 200,000
VND.
c/ To order the confiscation of
material evidences and tools used for the administrative violation valued up to
500,000 VND.
d/ To apply measures provided
for in Points a, b, Item 3, Article 11 of the Ordinance on the Handling of
Administrative Violations.
2. The Chief Inspector of the
provincial/municipal Land Administration Service shall have the right:
a/ To issue a warning.
b/ To impose fines up to 10,000,000
VND.
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3. The Chief Inspector of the
General Land Administration shall have the right:
a/ To issue a warning.
b/ To impose fines up to
20,000,000 VND.
c/ To apply additional sanctions
and other measures provided for in Items 2 and 3, Article 11 of the Ordinance
on the Handling of Administrative Violations.
Article
17.- The persons competent to sanction administrative violations from the
specialized State inspectorates in the domain of culture and information,
environmental protection, dikes, irrigation works, construction, forest patrol,
army inspectors and People’s Police officers shall have the right to sanction
administrative violations in the use of land within the ambit of their State
managerial functions.
Article
18.- The statutes of limitations for the sanctioning of administrative
violations in the domain of land management and use is two years; upon the
expiry of such time limit, if the violation has not been sanctioned, the
measures prescribed in Point a, Item 3, Article 11 of the Ordinance on the
Handling of Administrative Violations shall apply.
Article
19.- Authorization to handle administrative violations:
In cases where the people
competent to sanction administrative violations stipulated in Items 1, 2 and 3,
Article 15 and Items 2 and 3, Article 16 of this Decree are absent or with
their authorization, their deputies shall have the right to order the sanctions
in accordance with their competence.
Article
20.- Application of the forms of sanction:
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2. The additional sanctions and
other measures shall be applied only in conjunction with the main sanction.
Article
21.- Warnings:
1. Warnings shall be applied to
minor and first-time administrative violations with extenuating factors
provided for in Article 12 of the Ordinance on the Handling of Administrative
Violations, and such violations are liable to warnings under provisions of law.
2. A decision on the sanction by
warning must be made in writing. If necessary, the competent sanctioning agency
shall send the sanctioning decision to the local authority, agency or
organization where the offender resides or works.
Article
22.- Fines:
1. When imposing a fine, the
competent sanctioning person shall have to comply with the provisions of
Articles 46, 47, 48 and 49 of the Ordinance on the Handling of Administrative
Violations.
2. When a fine is imposed, the
concrete amount of the fine for a violation shall be the average in the fine
bracket set for that violation; in case of a violation with extenuating
factors, the fine may be lower but must not be lower than the minimum level in
the fine bracket; in case of a violation with aggravating factors, the fine may
be higher than the average but must not exceed the maximum level in the fine
bracket.
The extenuating and aggravating
factors shall be applied in accordance with the provisions of Articles 7 and 8
of the Ordinance on the Handling of Administrative Violations.
Article
23.- Recovery of land:
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Article
24.- Execution of decisions on administrative sanction:
1. The sanctioned organization
and/or individual shall have to immediately execute the sanctioning decision
within 5 days after receiving them; the sanctioned organizations shall have to
determine the fault of the person or persons who directly committed the
administrative violation while on duty so as to examine their disciplinary
material or civil liability in accordance with the provisions of law.
2. Within 5 days after receiving
the sanctioning decision, if the sanctioned organization and/or individual
fails to execute it, the decision issuing agency shall apply coercive measures
in accordance with the provisions of Article 55 of the Ordinance on the
Handling of Administrative Violations.
Agencies, organizations or
lawful representatives of the sanctioned person(s) shall have to carry out
request of the agency or person that has issued the sanctioning decision and
comply with the provisions of Article 24 of this Decree.
The local People�s Committee shall organize
the use of coercive measures, the People�s
Police force, when requested, shall have to coordinate with and support the
agency issuing the sanctioning decision in forcing the execution of the
decision.
Article
25.- Forcible execution of decisions on administrative sanction:
1. If the organization and/or
individual that are administratively sanctioned in the domain of land
management and use do not voluntarily execute the decision, they shall be
forced to do by the following measures:
a/ Having part of their wage,
incomes or bank deposits deducted.
b/ Having their properties with
equivalent value inventoried for auction.
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2. The person competent to order
the sanction shall have the right to issue the decision on coercive measures.
The People’s Police, when requested, shall have the responsibility to
coordinate in the execution of coercive decisions.
3. In the coercive execution of
a decision on the recovery of land issued by the competent level, the local
People�s Committee shall
have to organize the coercion and the People�s
Police shall have the responsibility to coordinate and support the enforcement
of such coercion.
4. The organization and/or
individual that is forced to carry out the decision shall have to bear all
costs for the application of the coercive measures.
Article
26.-
1. If the
person or persons competent to sanction an administrative violation, in their
own interests or for personal motives, violate the regulations on
administrative sanctions; if a person not competent to sanction an
administrative violation, orders the sanction without permission, they shall,
depending on the nature and extent of their violations, be disciplined or
examined for penal liability; if the decision causes material damage to the
State, such organization and/or individual shall have to make compensations.
2. Any person who abuses his/her
position and power or overuses his/her competence to assign, lease or recover
land, allow the transfer of the land use right and alter the land use purposes
in contravention of the provisions of law, cover up other people’s violations
of the land legislation, issue unlawful handling decisions or commit other acts
doing harm to the land resources and legitimate rights of the land users,
shall, depending on the extent of his/her violation, be disciplined or examined
for penal liability.
3. Any person who commits acts
of administrative violation in the domain of land management and use, shall not
only be subject to administrative sanction, but shall also have to pay
compensation for damage caused to the victim, if any. The compensations shall
comply with the provisions of Article 17 of the Ordinance on the Handling of
Administrative Violations.
Article
27.- The sanctioned organization and/or individual shall have the right to
protest against decisions on administrative sanctions and denounce acts of
abusing power or disregarding the law of the State by person or persons
competent to sanction administrative violations in the domain of land
management and use in accordance with the provisions of Articles 87 and 88 of
the Ordinance on the Handling of Administrative Violations and in compliance
with the provisions of the Ordinance on Procedures for the Settlement of
Administrative Lawsuits.
Article
28.- The organizations and/or individuals having competence to sanction
administrative violations in the domain of land management and use, shall be
rewarded in accordance with the common provisions of the State if they make
meritorious achievements.
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IMPLEMENTATION PROVISIONS
Article
29.- Foreign organizations and/or individuals committing acts of
administrative violation in the domain of land management and use on the
territory of the Socialist Republic of Vietnam, shall be sanctioned in
accordance with the provisions of this Decree, except otherwise provided for by
international treaties which Vietnam has signed or acceded to.
Article
30.- This Decree takes effect from the date of its signing; the earlier
provisions which are contrary to this Decree are now annulled.
Article
31.- The General Director of the General Land Administration shall have to
provide guidance for the implementation of this Decree.
Article
32.- The Ministers, the Heads of the ministerial-level agencies, the Heads
of the agencies attached to the Government, the Presidents of the People’s
Committees of the provinces and cities directly under the Central Government
shall, according to their functions, tasks and powers, have to direct the
implementation of this Decree.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai