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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 102/2014/ND-CP
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Hanoi, November
10, 2014
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DECREE
IMPOSING
PENALTIES FOR LAND-RELATED ADMINISTRATIVE VIOLATIONS
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Handling of
Administrative Violations dated June 20, 2012;
Pursuant to the Law on Land dated November 29,
2013;
At the request of the Minister of Natural
Resources and Environment,
The Government hereby promulgates the Decree on
the imposition of penalties for land-related administrative violations.
Chapter I
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Article 1. Governing scope
This Decree regulates administrative violation
acts, punishment types, rates and remedial measures against any negative
consequence caused by administrative violation acts, authority to impose
penalties and authority to issue the notice of land-related administrative
violations.
Article 2. Entities subject to
penalties for administrative violations
1. Subjects of administrative punishments under the
regulations laid down in this Decree shall consist of the following entities
who commit administrative violations against legal regulations on land or land
services, except for the case stipulated in Clause 2 of this Article:
a) Family households and residential communities;
domestic or foreign nationals, or overseas Vietnamese (hereinafter referred to
as individuals);
b) Domestic, foreign organizations, or
foreign-invested enterprises (hereinafter referred to as organizations);
c) Places of worship.
2. Organizations or individuals that enjoy
diplomatic immunities and privileges granted to diplomatic missions, consular
posts and representative offices of international organizations in Vietnam as
stipulated by laws shall not be subject to administrative punishments in
accordance with regulations set out in this Decree.
Article 3. Interpretation of
terms
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2. Land appropriation refers to the illegal use of
land lots without permission from competent State agencies or the title to the
land lot allocated, leased by the State but, when the term of such title
expires and is not allowed to get extended, the land owner refuses to return
such land lots, or the use of land lots without completing procedures for land
allocation or lease under the regulations set out in the law on land.
Article 4. Punishment types
1. Main punishment types include:
a) Warnings;
b) Pecuniary penalties.
2. Supplementary punishment types include:
a) Deprivation of the violator’s right to use a
permit in a period from 06 - 09 months or suspension of all of the violator’s
operations for the period from 09 months to 12 months as from the date on which
the decision to impose penalties for administrative violations takes effect in
accordance with regulations laid down in Clause 3 Article 25 of the Law on settlement
of administrative violations.
b) Forfeiture of exhibits and/or means used to
commit land-related administrative violations (hereinafter referred to as
exhibits and/or means of administrative violation commission).
3. Monetary penalty framework stipulated in Chapter
II of this Decree is applied to individuals, except for the cases prescribed in
Articles 15, 16, 17, 18, 19, Clause 3 Article 21, Articles 22, 23, Clause 2
Article 25, Articles 26 and 30 laid down in this Decree in which the monetary
penalty framework is applied to organizations.
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5. Family households or residential communities who
are convicted of any violation shall be fined within the same framework as for
administrative penalties for individual’s violations; places of worship which
are convicted of any violation shall be fined within the same framework as for
penalties for organization’s administrative violations.
6. Authority to decide the amount of a monetary
penalty stipulated in Articles 31, 32 and 33 of this Decree is also applied to
individuals. Authority to decide the amount of monetary penalty applied to
organizations shall be twice as much as that applied to individuals.
Article 5. Determination of the
nature and severity of administrative violations
1. Nature and severity of administrative violations
stipulated in Articles 6, 7, 8, 15, Clause 1 Article 16 and Article 17 of this
Decree shall be determined on the basis of the size or acreage of violated land
lots.
2. Nature and severity of administrative violations
stipulated in Article 26 of this Decree shall be determined on the basis of the
number of affected family households due to the commission of such violations.
3. Nature and severity of administrative violations
stipulated in Articles 9, 24 of this Decree shall be determined on the
principle that face value of the title to the land in respect of the violated
land lot is converted into pecuniary amount according to the land price list
approved by People’s Committees of centrally-affiliated cities and provinces
where such land lot is located at the time of issuance of administrative violation
notice, and shall be classified into 04 penalty amounts as follows:
a) Level 1: Value of the title to a violated land
lot converted into the monetary amount of below VND 60,000,000 for agricultural
land, and below VND 300,000,000 for non-agricultural land;
b) Level 2: Value of the title to a violated land
lot converted into the monetary amount ranging from VND 60,000,000 to below VND
200,000,000 for agricultural land, and from VND 300,000,000 to below VND
1,000,000,000 for non-agricultural land;
c) Level 3: Value of the title to a violated land
converted into the monetary amount ranging from VND 200,000,000 to below VND
1,000,000,000 for agricultural land, and from VND 1,000,000,000 to below VND
3,000,000,000 for non-agricultural land;
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4. Size of violated land lot stipulated in Clause 3
of this Article and expenses incurred by the determination of violated land
acreage shall be regulated as follows:
a) In case the whole land plot is violated, that
violated land lot shall be determined on the basis of the land size described
on the documents about the land title in accordance with regulations laid down
in Clauses 1, 2 and 3 Article 11 of the Land Law;
b) In case only part of land plot with valid land
title is violated, or the owner of violated land parcel fails to show valid
land titles as stipulated by laws, law enforcers shall issue the administrative
violation notice in which the actual size of violated land parcel is clearly
stated. In case the violator does not agree to the defined size of violated
land parcel, law enforcers must request the competent penalty imposer to
consult with any organization who has the expertise in land surveying
measurement to determine the violated land size;
c) Expenses relating to that land surveying measurement
with the intention of finding out the violated land size as regulated at Point
b of this Clause shall be paid in advance by the State budget. The individual
who commits land-related administrative violations shall bear responsibility
for making full payment on the expenses incurred by the work of land surveying
measurement.
The Ministry of Natural Resources and Environment
shall take charge of cooperating with the Ministry of Finance in enforcing
specific provisions on managing, allocating, advancing and reimbursing payments
on expenses incurred by the surveying measurement of violated land parcel.
5. Where land type can not be determined in default
of land titles, the regulations set out in Article 3 of the Government's Decree
No. 43/2014/ND-CP dated May 15, 2014 on providing details for the
implementation of a number of articles enshrined in the Land Law (hereinafter
referred to as Decree No. 43/2014/ND-CP) shall be observed to determine the
land type and fix the proper land price mentioned in the land pricelist
approved by the People's Committee at the provincial level, which serves as the
basis for the definition and conversion of land title value with respect to the
violated land size.
Chapter II
ADMINISTRATIVE VIOLATION
ACTS, PENALTY TYPES AND RATES
Article 6. Change of use
purpose of a land lot used for rice cultivation without permission from
competent State agencies
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a) Pecuniary penalty ranging from VND 2,000,000 to
VND 5,000,000, imposed on the size of below 0.5 hectare of the land parcel of
which the use purpose has been illegally changed;
b) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000, imposed on the size varying from 0.5 to below 03 hectares of
the land parcel of which the use purpose has been illegally changed;
c) Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000, imposed on the size of equal to or more than 03 hectares of the
land parcel of which the use purpose has been illegally changed.
2. Transformation of use purpose of a land lot into
the one used for aquafarming and forest cultivation shall be subject to the
penalty types and amounts as follows:
a) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000, imposed on the size of below 0.5 hectare of land of which the
use purpose has been illegally changed;
b) Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000, imposed on the size varying from 0.5 to below 03 hectares of
the land parcel of which the use purpose has been illegally changed;
c) Pecuniary penalty ranging from VND 20,000,000 to
VND 30,000,000, imposed on the size of equal to or more than 03 hectares of the
land parcel of which the use purpose has been illegally changed.
3. Transformation of use purpose of a land lot into
the non-agricultural land lot shall be subject to the penalty types and amounts
as follows:
a) Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000, imposed on the size of below 0.5 hectare of land of which the
use purpose has been illegally changed;
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c) Pecuniary penalty ranging from VND 30,000,000 to
VND 50,000,000, imposed on the size of equal to or more than 03 hectares of the
land parcel of which the use purpose has been illegally changed.
4. Remedial measures:
a) Application of force to restore the land parcel
to its former condition before the commission of violations regulated in
Clauses 1, 2 and 3 of this Article;
b) Application of force to return the illegal gain
coming from the commission of violations regulated in Clauses 1, 2 and 3 of
this Article.
Article 7. Willful change of
use purpose of land used for specialized forests, protective forests and
production forests without permission from competent State agencies
1. Transformation of aforesaid land lots into the
land used for annual plants, perennial plants, aquafarming, salt production,
agricultural production and other farming purposes shall be subject to penalty
types and amounts as follows:
a) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000, imposed on the size of below 05 hectare of land of which the
use purpose has been illegally changed;
b) Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000, imposed on the size varying from 05 to below 10 hectares of the
land parcel of which the use purpose has been illegally changed;
c) Pecuniary penalty ranging from VND 20,000,000 to
VND 30,000,000, imposed on the size of equal to or more than 10 hectares of the
land parcel of which the use purpose has been illegally changed.
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a) Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000, imposed on the size of below 05 hectare of land of which the
use purpose has been illegally changed;
b) Pecuniary penalty ranging from VND 20,000,000 to
VND 30,000,000, imposed on the size varying from 05 to below 10 hectares of the
land parcel of which the use purpose has been illegally changed;
c) Pecuniary penalty ranging from VND 30,000,000 to
VND 50,000,000, imposed on the size of equal to or more than 10 hectares of the
land parcel of which the use purpose has been illegally changed.
3. Remedial measures:
a) Application of force to restore the land parcel
to its former condition before the commission of violations regulated in
Clauses 1 and 2 of this Article;
b) Application of force to return the illegal gain
coming from the commission of violations regulated in Clauses 1 and 2 of this
Article.
Article 8. Willful change of
use purpose of the agricultural land other than land lots used for rice
cultivation, protective forests, specialized forests without permission from
competent State agencies
1. Transformation of the land used for annual plant
cultivation into the land used for saltwater aquaculture, salt production, and
fish farming in the form of ponds, ditches or lakes shall be subject to penalty
types and amounts as follows:
a) Warnings or pecuniary penalty ranging from VND
5,000,000 to VND 10,000,000, imposed on the size of below 0.5 hectare of land
of which the use purpose has been illegally changed;
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c) Pecuniary penalty ranging from VND 2,000,000 to
VND 5,000,000, imposed on the size of equal to or more than 03 hectares of the
land parcel of which the use purpose has been illegally changed.
2. Willful change of use purpose of the
agricultural land other than land lots used for rice cultivation, protective
forests and specialized forests into non-agricultural land shall be subject to
penalty types and amounts as follows:
a) Pecuniary penalty ranging from VND 1,000,000 to
VND 2,000,000, imposed on the size of below 0.5 hectare of land of which the
use purpose has been illegally changed;
b) Pecuniary penalty ranging from VND 2,000,000 to
VND 5,000,000, imposed on the size varying from 0,5 to below 03 hectares of the
land parcel of which the use purpose has been illegally changed;
c) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000, imposed on the size of equal to or more than 03 hectares of the
land parcel of which the use purpose has been illegally changed.
3. Remedial measures:
a) Application of force to restore the land parcel
to its former condition before the commission of violations with respect to violations
regulated in Clauses 1 and 2 of this Article;
b) Application of force to return the
illegal gain coming from the commission of violations regulated in Clauses 1
and 2 of this Article.
Article 9.
Willful change of use purpose of the non-agricultural land into different use
purposes of land classified into the group of non-agricultural land without
permission from competent State agencies
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a) Pecuniary penalty ranging from VND 2,000,000 to
VND 5,000,000, imposed on the value of title to the violated land classified
into level-1 administrative punishment;
b) Pecuniary penalty ranging from above VND
5,000,000 to VND 10,000,000, imposed on the value of title to the violated land
classified into level-2 administrative punishment;
c) Pecuniary penalty ranging from above VND
10,000,000 to VND 20,000,000, imposed on the value of title to the violated
land classified into level-3 administrative punishment;
d) Pecuniary penalty ranging from above VND
20,000,000 to VND 50,000,000, imposed on the value of title to the violated
land classified into level-4 administrative punishment.
2. Willful change of use purpose of land used for
the construction of non-commercial structures, commercial public utilities, or
land used for non-agricultural production and commerce other than the land used
for the commercial and service provision purposes into the land used for the
commercial and service business purposes; willful change of land used for the
purpose of commerce, service business, construction of non-commercial
structures into the land used for the establishment of non-agricultural
production premises without permission from competent authorities shall be
subject to the following penalty types and amounts:
a) Pecuniary penalty ranging from above VND
5,000,000 to VND 10,000,000, imposed on the value of title to the violated land
classified into level-1 administrative punishment;
b) Pecuniary penalty ranging from above VND
10,000,000 to VND 20,000,000, imposed on the value of title to the violated
land classified into level-2 administrative punishment;
c) Pecuniary penalty ranging from above VND
20,000,000 to VND 50,000,000, imposed on the value of title to the violated
land classified into level-3 administrative punishment;
d) Pecuniary penalty ranging from above VND
50,000,000 to VND 100,000,000, imposed on the value of title to the violated
land classified into level-4 administrative punishment.
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a) Application of force to restore the land parcel
to its former condition before the commission of violations with respect to
violations regulated in Clauses 1 and 2 of this Article;
b) Application of force to reclaim the illegal gain
coming from the commission of violations regulated in Clauses 1 and 2 of this
Article.
Article 10. Land encroachment
and appropriation
1. Pecuniary penalty ranging from VND 1,000,000 to
VND 3,000,000, imposed on agricultural land encroachment and appropriation in
terms of the land parcel that is not used for rice cultivation, specialized,
protective and production forests.
2. Pecuniary penalty ranging from VND 3,000,000 to
VND 5,000,000, imposed on encroachment and appropriation violations in terms of
the land parcel that is used for rice cultivation, specialized, protective and
production forests, non-agricultural purposes other than the housing land,
except for the case stipulated in Clause 4 of this Article.
3. Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000, imposed on housing land encroachment and appropriation.
4. With respect to the encroachment and
appropriation violations against protective barriers for structural works, the
penalty types and amounts shall comply with the regulations laid down in the
Decree on penalties for administrative violations against regulations on construction
activities; real estate business; building material quarrying, production and
business; technical infrastructure management; house and office building
development; road and rail transport sector; culture, sports, tourism, and
advertising sector; operation and protection of irrigation works; dyke or
embankment structures; flood and typhoon prevention and control measures, as
well as other particular sectors.
5. Remedial measures:
a) Application of force to restore the land parcel
to its former condition before the commission of violations with respect to
violations regulated in Clauses 1, 2 and 3 of this Article;
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Article 11. Hindrance to the
other person’s use of land
1. Warning or pecuniary penalty ranging from VND
500,000 to VND 1,000,000 for violations committed at rural areas; monetary
penalty ranging from VND 2,000,000 to VND 5,000,000 for violations committed at
urban areas like intrusion of waste, hazardous substance, building materials or
other articles into other person’s land lot or protrusion of these things from
the violator’s land lot, which hinders the other person’s land use.
2. Pecuniary penalty ranging from VND 2,000,000 to
VND 10,000,000 for violations committed at rural areas; monetary penalty
ranging from VND 5,000,000 to VND 30,000,000 for violations committed at urban
areas like excavation, wall erection or fence building which hinders or causes
any possible loss to the other person’s land use.
3. Remedial measures:
a) Forfeiture of exhibits and/or means used to
commit violations as regulated in Clauses 1 and 2 of this Article;
b) Application of force to restore the land parcel
to its former condition before the commission of violations with respect to
those regulated in Clauses 1 and 2 of this Article.
Article 12. Failure to
register land parcels
1. Warning or pecuniary penalty ranging from VND
500,000 to VND 1,000,000 for violations like failure to obtain the first
registration of land.
2. Pecuniary penalty ranging from VND 2,000,000 to
VND 5,000,000, imposed on the changes to land parcels as regulated at Point a,
b, h, i, k and l Clause 4 Article 95 adopted in the Land Law but such changes
have not been registered in accordance with laws.
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1. Pecuniary penalty ranging from VND 3,000,000 to
VND 5,000,000 for the willful use of land title to serve the purpose of
disposition, allocation, lease, sublease, collateralization and capital
contribution in the case of failure to obtain the Certificate of land use
right, disputed land, or land parcels subject to the seizure or distraint to
enforce the judicial order, or land of which the use term has expired but is
not permitted to get extended by the competent authorities.
2. Remedial measures:
Application of force to return the illegal gain
coming from the commission of violations regulated in Clause 1of this Article.
Article 14. Willful
disposition of the title to agricultural land even when failing to meet the
regulated requirements
1. Warning or pecuniary penalty ranging from VND
500,000 to VND 1,000,000 for violations such as willful disposition of a family
household or individual of the title to agricultural land to another family
household or individual at the same residence, commune, ward or town, even when
the Certificate of land use right or land allocation decision has not been
granted, or disputed land, or land subject to the seizure or distraint to
enforce the judicial decision, or land of which the use term expires but is not
permitted to get extended by the competent authorities.
2. Warning or pecuniary penalty ranging from VND
500,000 to VND 1,000,000 for violations such as willful disposition of a family
household or individual of the title to agricultural land to another family
household or individual at the different residence, commune, ward or town.
3. Remedial measures:
Application of force to return the acquired land
after being disposed of by the commission of violations in accordance with
regulations laid down in Clauses 1, 2 of this Article.
Article 15. Willful
disposition of land title in the form of a division or partition of land into
parcels for the construction and business of residential houses
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a) Pecuniary penalty ranging from VND 20,000,000 to
VND 50,000,000, imposed on the project covering the land size of below 01
hectare;
b) Pecuniary penalty ranging from VND 50,000,000 to
VND 100,000,000, imposed on the project covering the land size varying from 01
hectare to below 03 hectares;
c) Pecuniary penalty ranging from VND 100,000,000
to VND 150,000,000, imposed on the project covering the land size varying from
03 hectares to below 05 hectares;
d) Pecuniary penalty ranging from VND 100,000,000
to VND 150,000,000, imposed on the project covering the land size of equal to
and more than 05 hectares.
2. Remedial measures:
Application of force to return the illegal gain
coming from the commission of violations regulated in Clause 1of this Article.
Article 16. Willful
disposition of land title, connected with willful disposition of part or whole
of housing construction and trading project even when failing to meet the
regulated requirements
1. Willful disposition of land title, connected
with willful disposition of part or whole of housing construction and trading
project in the case of lack of the Certificate for land use right, disputed
land, land subject to the seizure or distraint to enforce the judicial order,
land of which the use term expires but is extended under the permission from
the competent authority, land that has yet to fulfill financial obligations
relating to such land, shall be subject to the penalty types and amounts as
follows:
a) Pecuniary penalty ranging from VND 30,000,000 to
VND 60,000,000, imposed on the land size of below 01 hectare;
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c) Pecuniary penalty ranging from VND 150,000,000
to VND 200,000,000, imposed on the project covering the land size varying from
03 hectares to below 05 hectares;
d) Pecuniary penalty ranging from VND 200,000,000
to VND 300,000,000, imposed on the project covering the land size of equal to and
more than 05 hectares.
2. Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000 for violations such as willful acquisition of disposed land
title connected with disposition of a part or the whole of housing construction
and trading project in which the beneficiary of such deposition does not have
proper business lines, fails to leave a deposit in accordance with laws on
investment, or proves improper financial competence as prescribed in the
regulations laid down in Clause 2 Article 14 of the Decree No. 43/2014/ND-CP ,
or does not infringe upon the law on land in respect of the case in which such
beneficiary uses the land allocated or leased by the State for the purpose of
developing other investment projects.
3. Remedial measures:
a) Application of force to return the illegal gain
coming from the commission of violations regulated in Clauses 1 and 2 of this
Article;
b) Application of force to return the acquired
acreage of land after being disposed of by the commission of violations
regulated in Clauses 1 and 2 of this Article;
Article 17. Willful
disposition of land title connected with disposition of a part or the whole of
infrastructural investment and construction project for the purpose of disposal
or lease even when failing to meet the regulated requirements
1. Willful disposition of land title, connected
with willful disposition of part or whole of infrastructural investment and
construction project for the purpose of disposal or lease in the case of lack
of the Certificate of land use right, disputed land, land subject to the
Court’s distraint or seizure to enforce the judicial order, land of which the
use term has expired but is not permitted to get extended by the competent
authority, land on which equivalent technical and infrastructural facilities
described in the approved schedule of the project execution are under
construction, shall be subject to the following penalty types and amounts:
a) Pecuniary penalty ranging from VND 30,000,000 to
VND 60,000,000, imposed on the land size of below 01 hectare;
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c) Pecuniary penalty ranging from VND 150,000,000
to VND 200,000,000, imposed on the project covering the land size varying from
03 hectares to below 05 hectares;
d) Pecuniary penalty ranging from VND 200,000,000
to VND 300,000,000, imposed on the project covering the land size of equal to
and more than 05 hectares.
2. Remedial measures:
Application of force to return the illegal gain
coming from the commission of violations regulated in Clause 1of this Article.
Article 18. Willful sale and
purchase of fixtures leased by the State for the receipt of annual land rents
without meeting the regulated requirements
1. Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000 for violations like willful sale of fixtures leased by the State
for the receipt of annual land rents, in case such fixtures are illegally
established or still under construction in conformity with the detailed
planning, and approved or permitted investment plan.
2. Pecuniary penalty ranging from VND 1,000,000 to
VND 5,000,000 for violations such as willful purchase of real properties attached
to the land leased by the State for the receipt of annual land rents when the
business lines of the purchaser thereof are not suitable for the investment
project, or the purchaser shows their inadequacy of financial competence in
competing the investment project or violates the law on land in respect of
their use of land allocated or leased by the State to develop previous
investment projects.
3. Remedial measures:
Application of force to return the illegal gain
coming from the commission of violations regulated in Clause 1of this Article.
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1. Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000 for violations of willful lease of real property attached to the
land leased by the State for the receipt of annual land rents that economic
institutions or public non-business organizations commits.
2. Remedial measures:
Application of force to return the illegal gain
coming from the commission of violations regulated in Clause 1of this Article.
Article 20. Willful
disposition or allocation of a family household or individual of the title to
conditional land lots that fails to meet the regulated requirements
1. Warning or pecuniary penalty ranging from VND
500,000 to VND 1,000,000 for the following violations committed by family
households or individuals:
a) Willful disposition, allocation of land title of
family households or individuals who are living amidst strictly protected and
ecological remediation zones of the specialized forest but are not capable of
moving out of such zones, in respect of housing land or land used for forest
cultivation in combination with agro-forestry, aquaculture production, to
family households or individuals who are living outside such zones;
b) Willful disposition, allocation of family
households or individuals that have the title to housing land or agricultural
land allocated by the State inside the protective forest to other family
households or individuals who are also living inside such areas;
c) Willful disposition, allocation of land title of
family households or individuals who are ethnic minorities using the land
allocated by the State's incentive policies before 10 years as from the date on
which the State’s decision to allocate the land is made, or after 10 years as
from the date on which the State’s decision to allocate the land is made but
the People’s Committees of communes have yet to confirm that they have left the
land due to their relocation away from their residence, change of their jobs or
their incapacity.
2. Remedial measures:
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b) Application of force to return the land that has
been acquired or allocated by the commission of violations regulated in Clause
1 of this Article.
Article 21. Willful
acquisition of the leased or allocated land title without the satisfaction of
the regulated requirements in respect of conditional land parcels
1. Pecuniary penalty ranging from VND 1,000,000 to
VND 2,000,000 imposed on family households or individuals residing within the
boundaries of protective forests or specialized forests, who commit the
violation of willfully acquiring the disposed or allocated acreage of land used
for residential construction, agricultural production within the territory of
protective forests, strictly protected or ecological remediation zones of
specialized forests.
2. Pecuniary penalty ranging from VND 2,000,000 to
VND 5,000,000 for violations committed by a family household or individual who
are not directly involved in agricultural production but willfully acquire the
disposed or allocated title to the rice cultivation land.
3. Pecuniary penalty ranging from VND 30,000,000 to
VND 50,000,000 for violations committed by any organization who willfully
acquires the disposed title to land used for rice cultivation, protective
forest, specialized forest from family households or individuals; except for
the case in which the change of land use purpose is allowed with reference to
the planning and proposal for land use, approved by the competent authority.
4. Remedial measures:
Application of force to return the land acquired by
the violator’s disposition of land title due to the commission of violations as
stipulated in Clauses 1, 2 and 3 of this Article.
Article 22. Willful
disposition of land title or acquisition of disposed land title performed by
places of worship
1. Pecuniary penalty ranging from VND 1,000,000 to
VND 2,000,000 for the willful change, disposition, leasing or allocation of
land title, imposed on places of worship; for the use of land title as
collateral and contributed capital.
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3. Remedial measures:
a) Application of force to return the illegal gain
coming from the commission of violations regulated in Clause 1 of this Article;
b) Application of force to return the disposed
acreage of land or the acquired acreage of disposed land by means of the commission
of violations regulated in Clauses 1 and 2 of this Article.
Article 23. Willful
acquisition of disposed land title, contributed capital or lease of land title
in respect of agricultural land to serve the purpose of developing
non-agricultural investment, production and trading projects without the
satisfaction of regulated requirements
1. Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000 for violations like the willful acquisition of disposed land
title, contributed capital or lease of land title in respect of agricultural
land to serve the purpose of developing non-agricultural investment, production
and trading projects, when the written consent from the competent authority has
not been granted.
2. Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000 for violations like the willful acquisition of disposed land
title, contributed capital or lease of land title in respect of agricultural
land to serve the purpose of developing non-agricultural investment, production
and trading projects, of which the use purpose does not conform to the planning
or proposal for land use approved by the competent authority.
3. Pecuniary penalty ranging from VND 10,000,000 to
VND 20,000,000 for violations like the willful acquisition of disposed land
title, contributed capital or lease of land title in respect of rice
cultivation land to serve the purpose of developing non-agricultural
investment, production and trading projects without paying an amount of money
in accordance with the Government's regulations on managing the use of rice
cultivation land.
4. Remedial measures:
Application of force to return the acquired acreage
of disposed land due to the commission of violations regulated in Clauses 1, 2
and 3 of this Article.
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1. Willful acquisition of disposed title to
agricultural land stipulated by laws shall be subject to the following penalty
types and amounts:
a) Warning or pecuniary penalty ranging from above
VND 500,000 to VND 1,000,000, imposed on the acquired value of disposed title
to the land in excess of the level-1 amount of administrative punishment;
b) Warning or pecuniary penalty ranging from above
VND 1,000,000 to VND 2,000,000, imposed on the acquired value of excessively
disposed title to the land in excess of level-2 amount of administrative
punishment;
c) Warning or pecuniary penalty ranging from VND
2,000,000 to VND 5,000,000, imposed on the acquired value of excessively
disposed title to the land in excess of level-3 amount of administrative
punishment;
d) Warning or pecuniary penalty ranging from VND
5,000,000 to VND 10,000,000, imposed on the acquired value of disposed title to
the land in excess of level-4 amount of administrative punishment.
2. Remedial measures:
Application of force to return the acreage of land
acquired by the excessive disposition of land title due to the commission of
violations stipulated in Clause 1 of this Article.
Article 25. Willful
acquisition of disposed land titles in breach of Article 169 of the Land Law
1. Pecuniary penalty ranging from VND 1,000,000 to
VND 5,000,000 imposed on overseas Vietnamese eligible for the ownership of houses
in Vietnam for their violation of willful acquisition of disposed title to the
residential land that is not included in the housing development project
despite the house’s not being constructed yet.
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3. Remedial measures:
Application of force to return the land acquired by
means of the disposition of land title due to the commission of violations as
stipulated in Clauses 1 and 2 of this Article.
Article 26. Late grant of the
property and land titles to house purchasers and land title holders
Where the organization who is allocated the title
to the land by the State to build commercial houses takes responsibility for
completing required procedures for the grant of the property and land titles to
house purchasers and land title-holders but fails to apply for the grant of such
titles as from the date oh which the delivery of house and land is completed,
the following penalty types and amounts shall be imposed:
1. The late time ranging from 03 months to 06
months:
a) Pecuniary penalty ranging from VND 10,000,000 to
VND 30,000,000 for any violation of late grant to below 30 family households or
individuals;
b) Pecuniary penalty ranging from above VND
30,000,000 to VND 50,000,000 for any violation of late grant to 30 to below 100
family households or individuals;
c) Pecuniary penalty ranging from above VND
50,000,000 to VND 100,000,000 for any violation of late grant to 100 family
households or individuals or more.
2. The late time ranging from 06 months to 09
months:
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b) Pecuniary penalty ranging from above VND
50,000,000 to VND 100,000,000 for any violation of late grant to 30 to below
100 family households or individuals;
c) Pecuniary penalty ranging from above VND
100,000,000 to VND 300,000,000 for any violation of late grant to 100 family
households or individuals or more.
3. The late time ranging from 09 months to 12
months:
a) Pecuniary penalty ranging from above VND
50,000,000 to VND 100,000,000 for any violation of late grant to below 30
family households or individuals;
b) Pecuniary penalty ranging from above VND
100,000,000 to VND 300,000,000 for any violation of late grant to 30 to below
100 family households or individuals;
c) Pecuniary penalty ranging from above VND
300,000,000 to VND 500,000,000 for any violation of late grant to 100 family
households or individuals or more.
4. The late time of more than 12 months:
a) Pecuniary penalty ranging from above VND
100,000,000 to VND 300,000,000 for any violation of late grant to below 30
family households or individuals;
b) Pecuniary penalty ranging from above VND
300,000,000 to VND 500,000,000 for any violation of late grant to 30 to below
100 family households or individuals;
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Article 27. Violations against
regulations on land boundary lines and marks
1. Pecuniary penalty ranging from VND 1,000,000 to
VND 5,000,000 for movement or deviation of land boundary lines and marks.
2. Pecuniary penalty ranging from VND 2,000,000 to
VND 10,000,000 for movement or deviation of land boundary lines and marks.
3. Supplementary penalties:
Forfeiture of exhibits and/or means used to commit
administrative violations as regulated in Clauses 1 and 2 of this Article.
4. Remedial measures:
Application of force to restore the land boundary
lines and marks to the former condition in respect of any violation regulated
in Clauses 1 and 2 of this Article.
Article 28. Violations against
regulations on documents or documentary evidence used for the land use
1. Pecuniary penalty ranging from VND 1,000,000 to
VND 3,000,000 for the erasement, deletion, modification and falsification of
information provided on documents or documentary evidence used for the land
use, which is not classified into the case regulated in Clauses 2 and 3 of this
Article.
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3. Pecuniary penalty ranging from VND 10,000,000 to
VND 30,000,000 for false documents included in the application dossier for the
allocation, lease, change to the use purpose, revocation and certification of
land titles, which does not constitute crimes to be judged under the criminal
prosecution.
4. Remedial measures:
a) Application of force to rectify the false
information available in the Certificate in respect of any violation regulated
in Clause 2 of this Article;
b) Application of force to remove false documents
in respect of any violation stipulated in Clause 3 of this Article.
Article 29. Violations against
regulations on providing land information relating to the inspection,
examination, evidence collection for the purpose of assisting the People’s
Court in handling land-related disputes
1. Warning or pecuniary penalty ranging from VND
500,000 to VND 1,000,000 for the late provision of information, documents and
materials relating to the inspection and examination of land after 07 days as
from the date on which the decision on the inspection is announced, or as
requested in writing by regulatory agencies, authorized persons in charge of
inspection, examination and evidence collection for the People's Court's
handling of land-related disputes.
Pecuniary penalty ranging VND 1,000,000 to VND
2,000,000 for any violation of providing incorrect or inadequate information
from the person who assumes joint responsibility for carrying out the
inspection, examination and evidence collection for the People's Court's
land-related disputes.
3. Pecuniary penalty ranging VND 2,000,000 to VND
3,000,000 for any violation of failing to provide information, documents and
materials relating to the inspection, examination and evidence collection for
the purpose of the People’s Court’s handling of land-related disputes.
Article 30. Violations against
required conditions for the land-related services
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a) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000 for any violation committed by the organization who supplies
land pricing consultancy services but is not licensed to practice the land
pricing consultancy, appraisal or real estate pricing consultancy;
b) Pecuniary penalty ranging from above VND
5,000,000 to VND 10,000,000 for any violation committed by the land pricing
consultancy organization that employs less than 03 appraisers eligible for the
land pricing consultancy as stipulated in Clause 2 Article 20 of the Government's
Decree No.44/2014/ND-CP dated May 15, 2014 on the land price (hereinafter
referred to as the Decree No.44/2014/ND-CP);
c) Pecuniary penalty ranging from above VND
10,000,000 to VND 20,000,000 for any violation committed by the land pricing
consultancy organization that is not licensed to carry out land pricing
consultancy, inspection or real estate pricing consultancy as well as employs
less than 03 appraisers eligible for the land pricing consultancy as stipulated
in Clause 2 Article 20 of the Decree No. 44/2014/ND-CP.
2. Any organization that commit violations against
require conditions for the consultancy of land use planning and proposal
preparation shall be subject to the penalty types and amounts as follows:
a) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000 for any violations committed by the organization who provides
the consultancy of land use planning and proposal preparation without being
licensed;
b) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000 for any violation committed by the land pricing consultancy
organization that employs less than 05 appraisers eligible for the practicing
of land-use planning and proposal preparation consultancy as stipulated in
Clause 2 Article 10 of the Decree No. 43/2014/ND-CP ;
c) Pecuniary penalty ranging from above VND
10,000,000 to VND 20,000,000 for any violation committed by the organization
that provide consultancy services of land-use planning and proposal preparation
but is not licensed to practice such services as well as employs less than 05
appraisers eligible for the practicing of land-use planning and proposal
preparation consultancy as stipulated in Clause 2 Article 10 of the Decree No.
43/2014/ND-CP.
3. Other organizations that provide other
land-related services such as land investigation and evaluation; land
improvement; land surveying and cadastral mapping, file and land database
compilation, application for the Certificate; land use right auction;
compensation and support for resettlement, commit required conditions for the
land-related consultancy, shall be subject to the penalty types and amounts as
follows:
a) Pecuniary penalty ranging from VND 5,000,000 to
VND 10,000,000 for any violations committed by the organization that lacks 01
condition for the conformity of their services to the regulated requirements
set out in legal regulations;
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4. Supplementary penalties:
a) Deprivation of a license for a period from 06 to
09 months, imposed on the organization that holds such a license;
b) Suspension of a license for a period from 09 to
12 months, imposed on the organization that does not hold such a license.
Chapter III
AUTHORITY TO IMPOSE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 31. Authority of
Presidents of the People’s Committees at all levels to impose penalties for
administrative violations
1. Presidents of People’s Committees of communes
are vested with the right to impose:
a) Warning;
b) Monetary penalty of up to VND 5,000,000;
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d) Remedial measures:
Application of force to restore the land to the
former condition before the commission of such violations; to return the
illegal gain coming from the commission of violation.
2. Presidents of People’s Committees of districts
are vested with the right to impose:
a) Warning;
b) Monetary penalty of up to VND 50,000,000;
c) Deprivation of the right to hold licenses or
practicing certificates within a specified term or suspension of the violator's
operations within a specified term;
d) Forfeiture of exhibits and/or means used to
commit administrative violations which do not exceed the penalty amount
regulated at Point b of this Clause;
dd) Remedial measures:
Application of force to restore the land to the
former condition before the commission of such violations; return the illegal
gain coming from the commission of violation; to reclaim the encroached or
appropriated land pieces; adjust the Certificate of which information is
erased, deleted or falsified; destroy the false documents relating to the land
use; return the acquired acreage of land after being disposed due to the
commission of such violations.
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a) Warning;
b) Monetary penalty of up to VND 500,000,000;
c) Deprivation of the right to hold licenses or
practicing certificates within a specified term or suspension of the violator's
operations within a specified term;
d) Forfeiture or seizure of exhibits and/or means
used to commit administrative violations;
dd) Remedial measures:
Application of force to restore the land to the
former condition before the commission of such violations; return the illegal
gain coming from the commission of violation; to reclaim the encroached or
appropriated land pieces; adjust the Certificate of which information is
erased, deleted or falsified; destroy the false documents relating to the land use;
return the acquired acreage of land after being disposed due to the commission
of such violations.
Article 32. Authority to
perform the specialized inspection of land
1. Inspector or the person tasked with the
specialized inspection during their law enforcement shall be vested with the
right to impose:
a) Warning;
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c) Forfeiture of exhibits and/or means used to
commit administrative violations which do not exceed the penalty amount
regulated at Point b of this Clause;
d) Remedial measures:
Application of force to restore the land to the
former condition before the commission of such violations; to return the
illegal gain coming from the commission of violation.
2. The Chief Inspector of the Department, Head of
the Specialized Inspector’s Team established under the decision of the General
Director of Land Administration Department, Director and Chief Inspector of the
Department of Natural Resources and Environment shall be vested with the right
to impose:
a) Warning;
b) Monetary penalty of up to VND 50,000,000;
c) Deprivation of the right to hold licenses or
practicing certificates within a specified term, or suspension of the
violator's operations within a specified term;
d) Forfeiture of exhibits and/or means used to
commit administrative violations which do not exceed the penalty amount
regulated at Point b of this Clause;
dd) Remedial measures:
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3. Head of Specialized Inspector’s Team at the
Ministerial level shall be vested with the right to impose the following
penalties:
a) Warning;
b) Monetary penalty of up to VND 250,000,000;
c) Deprivation of the right to hold licenses or
practicing certificates within a specified term or suspension of the violator's
operations within a specified term;
d) Forfeiture of exhibits and/or means used to
commit administrative violations which do not exceed the penalty amount
regulated at Point b of this Clause;
dd) Remedial measures:
Application of force to restore the land to the
former condition before the commission of such violations; return the illegal
gain coming from the commission of violation; to reclaim the encroached or
appropriated land pieces; adjust the Certificate of which information is
erased, deleted or falsified; destroy the false documents relating to the land
use; return the acquired acreage of land after being disposed due to the
commission of such violations.
4. The Chief Inspector of the Ministry of Natural
Resources and Environment, General Director of Land Administration Department
shall be vested with the right to impose the following penalties:
a) Warning;
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c) Deprivation of the right to hold licenses or
practicing certificates within a specified term or suspension of the violator's
operations within a specified term;
d) Forfeiture or seizure of exhibits and/or means
used to commit administrative violations;
dd) Remedial measures:
Application of force to restore the land to its
former condition before the commission of such violations; return the illegal
gain coming from the commission of violation; reclaim the encroached or
appropriated land pieces; adjust the Certificate on which information is
erased, deleted or falsified; destroy the false documents relating to the land
use; return the acquired acreage of land after being disposed due to the
commission of such violations.
Article 33. Authority of other
regulatory agencies to impose the penalty for administrative violations
Apart from those who have the authority to impose
penalties in accordance with this Decree, other regulatory agencies' persons
who have the authority to impose penalties as stipulated in Clause 3 Article 52
of the law on handling of administrative violations, within their assigned
tasks and duties, and when detecting any administrative violations specified in
this Decree, shall be also vested with the authority to impose penalties for
any violation that falls within their management power or at their
administrative areas.
Article 34. Administrative
violation notice and authority to issue the violation notice
1. Notice of land-related administrative violations
shall be issued under regulations set out in Article 58 of the Law on Handling
of Administrative Violations and the Government’s Decree No.81/2013/ND-CP dated
July 19, 2013 on providing details for several provisions and measures to be
applied to enforce the Law on Handling of Administrative Violations.
2. Persons who have the authority to issue the
administrative violation notice include:
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b) Officials and public servants of regulatory
agencies regulated in Articles 31, 32 and 33 of this Decree who are on duty.
Article 35. Responsibility of
the competent person who imposes penalties for administrative violations for
the temporary or permanent suspension of land-related services
When handling administrative violations regulated
in Article 30 of this Decree, the competent imposer of penalties for such
administrative violations shall be responsible to notify the agency who grants
a permit or practicing certificate in order to coordinate the task of taking
actions against any administrative violation in accordance with laws.
Chapter IV
IMPLEMENTARY PROVISIONS
Article 36. Transitional
provisions
1. In respect of any land-related administrative
violation that takes place before the effective date of this Decree but was
detected after that date, or is under consideration to reach solutions, the
Government’s Decree on handling of land-related administrative violations,
effective at the commission time, shall be applied to take punitive actions
against such violations. Where regulations on penalties for administrative
violations laid down in this Decree are beneficial for those who commit
administrative violations, regulations enshrined in this Decree shall be
applied to take penal measures against such violations.
2. In case of any effective decision on penalty
imposition under which violations have not or have been incompletely handled by
violators, such violation shall be continuously subject to penal measures
described in that decision.
Article 37. Effect
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2. This Decree shall replace the Government's
Decree No. 105/2009/ND-CP dated November 11, 2009 on imposing penalties for
land-related administrative violations and regulations on imposing penalties
for violations of land encroachment and appropriation in respect of land used
for national defence under regulations laid down in Article 29 of the
Government's Decree No. 120/2013/ND-CP dated October 09, 2013 on regulating
penalties for administrative violations against regulations on national defence
and cipher.
Article 38. Implementation and
implementary duty
1. The Minister of Natural Resources and
Environment shall assume responsibility for implementing this Decree.
2. Ministers, Heads of ministerial-level regulatory
agencies, Heads of Governmental agencies, Presidents of People’s Committees of
centrally-affiliated cities and provinces, or relevant organizations,
individuals shall assume responsibility for implementing this Decree./.
PP. THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung