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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
105/2009/ND-CP
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Hanoi,
November 11, 2009
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DECREE
ON THE 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; the March 8, 2007 Ordinance Amending a Number of Articles of the
Ordinance on Handling of Administrative Violations; and the April 2, 2008
Ordinance Amending and Supplementing a Number of Articles of the 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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2. Administrative violations in
the land domain specified in this Decree are acts in violation of the land law
intentionally or unintentionally committed by land users, concerned
organizations and individuals or land-related service providers, which,
however, are not serious enough for penal liability examination under law.
Article 2.
Subjects of application
1. This Decree applies to
domestic and foreign individuals and overseas Vietnamese (collectively referred
to as individuals); domestic agencies and organizations and foreign
organizations (collectively referred to as organizations); households; and
religious institutions that commit acts of administrative violation in using
land or providing land-related services.
2. Cadres and civil servants on
duty who commit acts of violating the law on land management shall be
disciplined under the law on cadres and civil servants and the Government's
Decree No. 181/2004/ND-CP of October 29, 2004, on enforcement of the Land Law.
If their acts show criminal signs, they shall be examined for penal liability
under law.
Article 3.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. Use of land for improper
purposes means an act of using land not according to the use purposes or the
categories of land indicated in land use right certificates; house ownership
and residential land use right certificates: land use right and house and
land-attached asset ownership certificates; land allocation or land lease
decisions; decisions permitting the change of land use purposes: or other land
use right papers specified in Clauses 1, 2 and 5, Article 50 of the Land Law.
2. Land encroachment means the
land user's removal without permission of the landmarks or boundary markers of
his/her land lot to expand the land area.
3. Land appropriation means the
use of land without permission of a competent state agency or the land user, or
the use of land temporarily allocated by the State or borrowed without
returning such land upon the expiration of the duration of land allocation or
borrowing.
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5. Supply of land-related data
in contravention of law means an act of providing data or documents on land,
including number, size, shape, area, location, land user, origin, land use
purposes and duration, land price, land-attached assets, land-related financial
obligations already fulfilled or not yet fulfilled; land use right certificate;
house ownership and residential land use right certificate; land use right and
house and land-attached asset ownership certificate; rights of land users and
restrictions thereon, change in the land use process, and other relevant
information, in contravention of the law on collection, management,
exploitation and use of land-related data.
6. Delayed provision of
land-related data means an act of providing inspection or examination-related
information, papers or documents alter ten (10) days from the date of
announcement of the inspection decision or receipt of a written request from a
competent person or stale agency under law.
Article 4.
Statute of limitations for sanctioning administrative violations
1. The statute of limitations
for sanctioning administrative violations in the land domain is two (2) years
counting from the date an act of administrative violation is committed.
2. For an individual against
whom a criminal case has been instituted or who has been prosecuted or against
whom a decision to bring him/her to trial according to criminal procedures has
been issued and, later a decision to cease investigation or his/her case has
been issued but his/her act shows signs of administrative violation, the
statute of limitations for sanctioning administrative violations is three (3)
months from the date the person with sanctioning competence receives the
cessation decision and the case dossier.
3. If an act of administrative
violation is not sanctioned after the statute of limitations for sanctioning
administrative violations expires, the competent person will not sanction the
administrative violation but apply remedies provided for in Clause 3, Article 5
of this Decree.
4. Within the time limit
prescribed in Clause 1 or 2 of this Article, if a violator commits a new act of
administrative violation prescribed in this Decree or intentionally shirks or
obstructs the sanctioning, the statute of limitations for sanctioning shall be
re-counted from the time such new act is committed or from the time the
shirking or obstructing act terminates.
Article 5.
Sanctions and remedies
1. Principal sanctions include:
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b/ Fine.
2. Additional sanctions include
confiscation of material evidences and means used for commission of
administrative violations: deprivation of price appraisal practice permits or
certificates; and ban from practicing consultancy on the formulation of hind use
plannings or plans.
3. Remedies applicable in the
sanctioning of land-related administrative violations include compelled
restoration of the original state of land; compelled remedying of land
degradation and remedying of the discharge of hazardous substances into land;
compelled return of the land received from transfer, donation or contribution
as capital; confiscation of benefits obtained from violations; compelled
completion of administrative procedures under the land law: and compelled
provision of information, papers and documents and compliance with inspection
or examination requests.
Article 6.
Principles for sanctioning administrative violations in the land domain
1. All acts of administrative
violation must be promptly detected, stopped and handled. Administrative
violations must be sanctioned in a quick, public and thorough manner. All
consequences caused by administrative violations must be remedied under this
Decree and relevant laws.
2. Administrative violations
must be sanctioned by competent persons defined in Articles 25. 26 and 27 of
this Decree.
3. 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.
A person who commits more than
one act of administrative violation shall be sanctioned for each act.
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5. Sanctioning forms and levels
shall be determined based on the characteristics, severity and consequences of
acts of administrative violation, personal records of violators, and
extenuating circumstances and aggravating circumstances.
Extenuating circumstances and
aggravating circumstances shall be applied under Articles 8 and 9 of the
National Assembly Standing Committee's Ordinance No. 44/2002/PL-UBTVQH10 of
July 2, 2002. on Handling of. Administrative Violations (below referred to as
Ordinance No. 44/2002/PL-UBTVQH10).
6. The specific level of fine
for an act of violation is the average level of the fine bracket prescribed for
such act. If an act of violation involves extenuating circumstance(s), the
applicable fine may be reduced but must not be lower than the minimum level. If
an act of violation involves aggravating circumstance(s), the applicable fine
may be increased but must not exceed the maximum level.
Article 7.
Determination of the extent of consequence of acts of administrative violation
1. The extent of consequence of
an act of administrative violation shall be determined by converting the value
of the rights to use the violated land area into a monetary value at the land
price set at the time of sanctioning by the People's Committee of the province
or centrally run city where exists such land. The extent of consequence is
divided into the following four (4) levels:
a/ Level one (1): The monetary
value of the rights to use the violated land area is below VND thirty million
(30,000,000), for agricultural land, or below VND one hundred and fifty million
(150,000,000), for non-agricultural land:
b/ Level two (2): The monetary
value of the rights to use the violated land area is between VND thirty million
(30,000,000) and under VND eighty million (80,000,000). for agricultural land,
or between VND one hundred and fifty million (150,000,000) and under VND four
hundred million (400,000,000), for non-agricultural land;
c/ Level three (3): The monetary
value of the rights to use the violated land area is between VND eighty million
(80,000,000) and under VND two hundred million (200,000,000), for agricultural
land, or between VND four hundred million (400,000,000) and under VND one
billion (1,000,000,000), for non-agricultural land;
d/ Level four (4): The monetary
value of the rights to use the violated land area is VND two hundred million
(200,000,000) or more, for agricultural land, or VND one billion
(1,000,000,000) or more, for non-agricultural land.
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Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION. SANCTIONING FORMS AND LEVELS
Article 8.
Use of land for improper purposes
1. Acts of using land for
improper purposes which do not fall into the cases specified in Clauses 2, 3,4
and 5 of this Article are subject to the following sanctioning forms and
levels:
a/ Caution, or a fine of between
VND two hundred thousand (200,000) and VND five hundred thousand (500,000), for
an act of violation causing a consequence of level one (1);
b/ A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000), for an act of
violation causing a consequence of level two (2):
c/ A fine of between VND two
million (2,000,000) and VND ten million (10,000,000), for an act of violation
causing a consequence of level three (3):
d/ A fine of between VND ten
million (10,000,000) and VND thirty million (30,000,000), for an act of
violation causing a consequence of level four (4).
2. Acts of converting wet-rice
cultivation land into non-agricultural land or converting land for perennials
into ponds or lakes or land for aquaculture using sea water without permission
of competent People's Committees are subject to the following sanctioning forms
and levels:
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b/ A fine of between VND ten million
(10,000,000) and VND fifty million (50,000,000), for an act of violation
causing a consequence of level two (2):
c/ A fine of between VND fifty
million (50,000,000) and VND two hundred million (200,000,000), for an act of
violation causing a consequence of level three (3):
d/ A fine of between VND two
hundred million (200,000,000) and VND five hundred million (500,000,000). for
an act of violation causing a consequence of level four (4).
3. Acts of using land for
special-use forests or protection forests for other purposes without permission
of competent People's Committees are subject to the following sanctioning forms
and levels:
a/ A fine of between VND one
million (1,000,000) and VND five million (5,000,000), for an act of violation
causing a consequence of level one (I):
b/ A fine of between VND five
million (5,000,000) and VND twenty million (20,000,000), for an act of
violation causing a consequence of level two (2);
c/ A fine of between VND twenty
million (20,000,000) and VND one hundred million (100,000,000), for an act of
violation causing a consequence of level three (3);
d/ A fine of between VND one
hundred million (100,000,000) and VND four hundred million (400,000,000), for
an act of violation causing a consequence of level four (4).
4. Acts of converting
non-agricultural land allocated by the State without land use levy payment into
non-agricultural land liable to land use levy under regulations, or converting
non-agricultural land other than residential land into residential land without
permission of competent Peoples Committees are subject to the following
sanctioning forms and levels:
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b/ A fine of between VND ten
million (10,000,000) and VND thirty million (30,000,000), for an act of
violation causing a consequence of level two (2);
c/ A fine of between VND thirty
million (30,000,000) and VND one hundred million (100,000,000).for an act of violation
causing a consequence of level three (3);
d/ A fine of between VND one
hundred million (100,000,000) and VND three hundred million (300,000,000), for
an act of violation causing a consequence of level four (4).
5. Acts of using land for
building works or investing in real estate within urban areas, industrial
parks, hi-tech parks or economic zones in contravention of detailed land use
plannings or plans already publicized are subject to the following sanctioning
forms and levels:
a/ A fine of between VND two
million (2,000,000) and VND ten million (10,000,000), for an act of violation
causing a consequence of level one (1);
b/ A fine of between VND ten
million (10,000,000) and VND thirty million (30,000,000), for an act of
violation causing a consequence of level two (2):
c/ A fine of between VND thirty
million (30,000,000) and VND one hundred million (100,000,000), for an act of
violation causing a consequence of level three (3);
d/ A fine of between VND one
hundred million (100,000,000) and VND three hundred million (300,000,000), for
an act of violation causing a consequence of level four (4).
6. The acts of violation
specified in Clauses 1 thru 5 of this Article are subject to compelled
restoration of the original state of land.
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1. Acts of encroaching or
appropriating land which do not fall into the cases defined in Clauses 2 and 3
of this Article are subject to the following sanctioning forms and levels:
a/ A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000). for an act of
violation causing a consequence of level one (1);
b/ A fine of between VND two
million (2,000,000) and VND ten million (10,000,000), for an act of violation
causing a consequence of level two (2);
c/ A fine of between VND ten
million (10,000,000) and VND thirty million (30,000,000), for an act of
violation causing a consequence of level three (3);
d/ A fine of between VND thirty
million (30,000,000) and VND one hundred million (100,000,000), for an act of
violation causing a consequence of level four (4).
2. Acts of encroaching upon or
appropriating land within the safety protection corridors of works, land within
urban areas, land with historical-cultural vestiges, scenic places already
ranked by. or protected under decisions of. provincial-level People's
Committees are subject to the sanctioning forms and levels specified in the
Decree on the sanctioning of administrative violations in specialized domains
related to safety protection corridors of works, urban areas, land with
historical-cultural vestiges, spots of beauty or scenic places. Sanctioning
forms and levels which are not yet provided in relevant laws are specified as
follows:
a/ A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) shall be imposed for an
act of violation causing a consequence of level one (1);
b/ A fine of between VND ten
million (10,000,000) and VND fifty million (50,000,000) shall be imposed for an
act of violation causing a consequence of level two (2);
c/ A fine of between VND fifty
million (50,000,000) and VND two hundred million (200,000,000) shall be imposed
for an act of violation causing a consequence of level three (3);
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3. Acts of encroaching or
appropriating land used for security and defense purposes are subject to the
sanctioning forms and levels specified in the law on the sanctioning of
administrative violations in the security and defense domain.
4. The acts of violation
specified in Clauses 1 and 2 of this Article are subject to compelled
restoration of the original state of land.
Article 10.
Destruction of land
1. Acts of degrading land
quality or deforming terrain, causing land utility decline or loss according to
the land use purposes determined under Clause 1, Article 6 of the Government's
Decree No. 181/2004/ND-CP of October 29, 2004, on enforcement of the Land Law,
are subject to the following sanctioning forms and levels:
a/ A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000), for an act of
violation causing a consequence of level one (1);
b/ A fine of between VND two
million (2,000,000) and VND ten million (10,000,000), for an act of violation
causing a consequence of level two (2);
c/ A fine of between VND ten
million (10,000,000) and VND thirty million (30,000,000), for an act of
violation causing a consequence of level three (3);
d/ A fine of between VND thirty
million (30,000,000) and VND one hundred million (100,000,000), for an act of
violation causing a consequence of level four (4).
2. Acts of polluting land,
causing land utility decline or loss according to the determined land use
purposes are subject to the following sanctioning forms and levels:
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b/ A fine of between VND ten
million (10,000,000) and VND fifty million (50,000,000), for an act of
violation causing a consequence of level two (2);
c/ A fine of between VND fifty
million (50,000,000) and VND two hundred million (200,000,000), for an act of
violation causing a consequence of level three (3);
d/ A fine of between VND two
hundred million (200,000,000) and VND five hundred million (500,000,000). for
an act of violation causing a consequence of level lour (4).
3. The acts specified in Clauses
1 and 2 of this Article are subject to confiscation of material evidences and
means used for committing acts of administrative violation; compelled remedying
of land quality deterioration; remedying of polluted land in which hazardous
substances are discharged; or restoration of the original state of land.
Article 11.
Obstructing others' land use
1. A household or an individual
that commits an act of obstructing or damaging other's land use is subject to
the following sanctioning forms and levels:
a/ Caution, or a fine of between
VND two hundred thousand (200,000) and VND one million (1,000,000) in rural
areas or between VND five hundred thousand (500,000) and VND two million
(2,000,000) in urban areas, for discharging wastes, hazardous substances,
construction materials or other things on one's or other's land lot, thus
obstructing other's land use;
b/ A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) in rural areas or between
VND five million (5,000,000) and VND thirty million (30,000,000) in urban
areas, for digging land or building walls or fences, thus obstructing or
damaging other's land use.
2. A religious institution
obstructing other's land use is subject to the following sanctioning forms and
levels:
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b/ A fine of between VND five
million (5,000,000) and VND twenty million (20,000,000) in rural areas or
between VND ten million (10,000,000) and VND fifty million (50,000,000) in
urban areas, for digging land or building walls or fences, thus obstructing or
damaging other's land use.
3. In addition to the sanctions
specified in Clauses 1 and 2 of this Article, the following measures may be
applied:
a/ Confiscation of material
evidences and means used for commission of acts of administrative violation;
b/ Compelled restoration of the
original state of land.
Article 12.
Conversion, transfer, lease, sublease, inheritance or donation of land use
rights or mortgage, guarantee or contribution of land use rights as capital
without carrying out administrative procedures under the land law
1. A fine of between VND two
hundred thousand (200,000) and VND two million (2.000,000) in rural areas or
between VND five hundred thousand (500,000) and VND five million (5.000,000) in
urban areas shall be imposed for converting, transferring, leasing, subleasing,
inheriting or donating agricultural land use rights or mortgaging, providing
guarantee or contributing agricultural land use rights as capital without
carrying out administrative procedures under the land law.
2. A fine of between VND five
hundred thousand (500,000) and VND five million (5,000,000) in rural areas or
between VND one million (1,000,000) and VND ten million (10,000,000) in urban
areas shall be imposed for converting, transferring, leasing, subleasing,
inheriting or donating non-agricultural land use rights or mortgaging,
providing guarantee or contributing non-agricultural land use rights as capital
without carrying out administrative procedures under the land law.
3. In addition to the sanctions
specified in Clauses 1 and 2 of this Article, violators shall also carry out
administrative procedures under the land law.
Article 13.
Arbitrary conversion, transfer, donation, lease, sublease, inheritance,
mortgage, guarantee or contribution of land use rights as capital with regard
to land failing to satisfy the prescribed conditions
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2. A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) in rural areas or between
VND five million (5,000,000) and VND twenty million (20,000,000) in urban areas
shall be imposed for arbitrarily converting, transferring, donating, leasing,
subleasing, inheriting, mortgaging, providing guarantee or contributing land
use rights as capital with regard to non-agricultural land failing to satisfy
the conditions specified in Article 106 of the Land Law.
3. A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) in rural areas or between
VND five million (5,000,000) and VND thirty million (30,000,000) in urban areas
shall be imposed for using, encroaching or appropriating agricultural land Reconverting,
transferring, donating, leasing, subleasing, inheriting, mortgaging, providing
guarantee or contributing land use rights as capital.
4. A fine of between VND five
million (5,000,000) and VND thirty million (30,000,000) in rural areas or
between VND ten million (10,000,000) and VND fifty million (50,000,000) in
urban areas shall be imposed for using, encroaching or appropriating
non-agricultural land for converting, transferring, donating, leasing,
subleasing, mortgaging, providing guarantee or contributing land use rights as
capital.
5. In addition to the sanctions
specified in Clauses 1, 2, 3 and 4 of this Article, violators shall also have
benefits obtained from their violations confiscated and are compelled to
restore the original state of land.
Article 14.
Receipt of transferred land use rights without satisfying all conditions
prescribed by the land law
1. A household or an individual
that receives land use rights from transfer, donation, inheritance or
contribution as capital while failing to fully satisfy the prescribed
conditions shall be imposed a fine of between VND one million (1.000,000) and
VND five million (5.000,000) in rural areas or between VND two million
(2.000,000) and VND ten million (10,000,000) in urban areas.
2. A religious institution which
receives land use rights from transfer, donation, inheritance or contribution
as capital while failing to fully satisfy the prescribed conditions is subject
to the following sanctioning forms and levels:
a/ A fine of between VND five
million (5,000,000) and VND twenty million (20,000,000), if the act of
violation causes a consequence of level one (1);
b/ A fine of between VND ten
million (10,000,000) and VND fifty million (50,000,000), if the act of
violation causes a consequence of level two (2);
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d/ A fine of between VND two
hundred million (200,000,000) and VND five hundred million (500,000,000). if
the act of violation causes a consequence of level four (4).
3. In addition to the sanctions
specified in Clauses 1 and 2 of this Article, violators are also compelled to
return the area of the received land.
Article 15.
Failure to make first-time registration of land use rights; failure to register
changes in land use rights; registration of land not according to its
categories; failure to make registration upon change of land use purposes; or
failure to register extension of the land use duration upon its expiration for
land currently in use
1. Caution shall be served or a
fine of between VND two hundred thousand (200,000) and VND one million
(1,000,000) in rural areas or a fine of between VND five hundred thousand
(500,000) and VND two million (2,000,000) in urban areas shall be imposed on
households and individuals that fail to make first-time registration of land
use rights; fail to register changes in land use rights; register land not
according to its categories; fail to make registration upon change of land use
purposes; or fail to register extension of the land use duration upon its
expiration while they are using such land.
2. A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) shall be imposed on
religious institutions which fail to make first-time registration of land use
rights; fail to register changes in land use rights; register land not
according to its categories; fail to make registration upon change of land use
purposes; or fail to register extension of the land use duration upon its
expiration while they are using such land.
3. In addition to the sanctions
specified in Clauses 1 and 2 of this Article, violators shall also carry out
administrative procedures (i.e., to make registration) under the land law.
Article 16.
Obstructing land allocation, lease or recovery, or compensation or ground
clearance by the State
1. A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000) shall be imposed on
persons who, without plausible reasons, fail to appear at sites for land
handover at the request of competent state agencies.
2. A fine of between VND one
million (1,000,000) and VND five million (5,000,000) shall be imposed for
hindering officers of competent slate agencies from determining landmarks,
handing over, leasing or recovering land at sites or from conducting
compensation and ground clearance.
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1. A fine of between VND five
hundred thousand (500,000) and VND two million (2.000,000) shall be imposed on
households and individuals that fail to return land within the time limit
specified in land recovery decisions of competent state agencies.
2. A fine of between VND one
million (1,000,000) and VND ten million (10,000,000) shall be imposed on
religious institutions which fail to return land within the time limit
specified in land recovery decisions of competent state agencies.
Article 18.
Removal, deformation without permission or damaging of landmarks of land use
plannings. landmarks of works' safety corridors or landmarks of administrative
boundaries
1. A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for
removing or deforming without permission landmarks of land use plannings,
landmarks of works' safety corridors or landmarks of administrative boundaries.
2. A fine of between VND one
million (1,000,000) and VND five million (5.000,000) shall be imposed for
damaging landmarks of land use plannings, landmarks of works' safety corridors
or landmarks of administrative boundaries.
3. In addition to the sanctions
specified in Clauses 1 and 2 of this Article, violators shall also have
material evidences or means used for committing administrative violations
confiscated.
Article 19.
Falsifying land use papers or documents
1. A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for
erasing or modifying land use papers or documents which do not fall into the
cases specified in Clause 2 of this Article.
2. A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) shall be imposed for
erasing or modifying land use papers or documents, thus falsifying the issuance
of land use right certificates, house ownership and residential land use right
certificates, or land use right and house and land-attached asset ownership
certificates; or the conversion, transfer, lease, inheritance, donation,
mortgage, guarantee or contribution of land use rights as capital, which,
however, are not serious enough for penal liability examination.
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1. A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for
failing to use land for annuals for over twelve (12) consecutive months;
failing to use land for perennials for over eighteen (18) consecutive months;
or failing to use land for forestation for over twenty four (24) consecutive
months without permission of competent state agencies that have decided to
allocate or lease such land.
2. A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) shall be imposed for
failing to use land allocated or leased by the State for implementing
investment projects for over twelve (12) consecutive months, or when the land
use progress is over twenty four (24) months behind the schedule indicated in
investment projects, counting from the date of handover of land in the field,
without permission of competent state agencies that have decided to allocate or
lease such land.
Article 21.
Delayed provision of, or failure to provide, inspection or examination-related
information, papers or documents; obstructing land-related inspection or
examination
1. Households and individuals
that delay the provision of, or fail to provide, inspection or
examination-related information, papers or documents; or obstruct land-related
inspection or examination are subject to the following sanctioning forms and
levels:
a/ Caution, or a fine of between
VND two hundred thousand (200,000) and VND one million (1,000,000), for acts of
delaying the provision of information, papers or documents concerning
land-related inspection or examination;
b/ A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000), for acts of failing
to provide information, papers or documents concerning land-related inspection
or examination;
c/ A fine of between VND one
million (1,000,000) and VND five million (5,000,000), for acts of obstructing
land-related inspection or examination.
2. Religious institutions which
delay the provision of, or fail to provide, inspection or examination-related
information papers or documents; or obstruct land-related inspection or
examination are subject to the following sanctioning forms and levels:
a/ A fine of between VND one
million (1,000,000) and VND five million (5,000,000), for acts of delaying the
provision of information, papers or documents concerning land-related
inspection or examination:
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c/ A fine of between VND five
million (5,000,000) and VND twenty million (20,000,000), for acts of
obstructing land-related inspection or examination.
3. In addition to the sanctions
specified in Clauses 1 and 2 of this Article, violators shall also provide
information, papers and documents and comply with inspection or examination
requests.
Article 22.
Practicing land price-related consultancy without adhering to principles and
methods of determining land prices under law or without permission of competent
state agencies
1. A fine of between VND one
million (1,000,000) and VND five million (5,000,000) shall be imposed for
practicing land price-related consultancy with permission of competent state
agencies but failing to adhere to the principles and methods of determining
land prices under law.
2. A fine of between VND two
million (2,000,000) and VND ten million (10,000,000) shall be imposed for
practicing land price-related consultancy without permission of competent state
agencies.
3. In addition to the sanctions
specified in Clause 1 of this Article, violators will also have their price
appraisal practice permits or certificates deprived of.
Article 23.
Practicing consultancy on the formulation of land use plannings or plans
without registering practice activities
1. A fine of between VND five
million (5,000,000) and VND twenty million (20,000,000) shall be imposed for
practicing consultancy on the formulation of land use plannings or plans
without registering relevant practice activities under the land law.
2. In addition to the sanction
specified in Clause 1 of this Article, violators will also be banned from
practicing consultancy on the formulation of land use plannings or plans.
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1. A fine of between VND five
hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for
supplying land-related data in contravention of the law on collection,
management, exploitation and use of land-related data.
2. A fine of between VND twenty
million (20,000,000) and VND fifty million (50,000,000) shall be imposed for
the acts specified in Clause 1 of this Article which harm the State or other
persons.
Chapter
III
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS
Article 25.
Competence of chairpersons of People's Committees at all levels to sanction
administrative violations
1. Chairpersons of People's
Committees of communes, wards or townships may:
a/ Serve caution;
b/ Impose fines of up to VND two
million (2,000,000);
c/ Confiscate material evidences
or means used for commission of administrative violations which are valued at
up to VND two million (2,000,000);
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2. Chairpersons of People's
Committees of rural districts, urban districts, towns or provincial cities may:
a/ Serve caution;
b/ Impose fines of up to VND
thirty million (30,000,000);
c/ Confiscate material evidences
and means used for commission of administrative violations; deprive of price
appraisal practice permits or certificates; or ban the practice of consultancy
on the formulation of land use plannings or plans;
d/ Compel the restoration of the
original state of land; compel the remedying of land degradation or discharge
of hazardous wastes into land; compel the return of the area of land already
transferred, donated or contributed as capital; confiscate benefits obtained
from violations; compel the completion of administrative procedures under the
land law: and compel the provision of information, papers or documents and
compliance with inspection or examination requests.
3. Chairpersons of
provincial-level People's Committees may:
a/ Serve caution;
b/ Impose fines of up to VND
five hundred million (500,000,000);
c/ Confiscate material evidences
and means used for commission of administrative violations; deprive of price
appraisal practice permits or certificates; and ban the practice of consultancy
on the formulation of land use plannings or plans;
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Article 26.
Competence of specialized land inspectorates to sanction administrative
violations
1. Land inspectors on duty may:
a/ Serve caution;
b/ Impose fines of up to VND
five hundred thousand (500,000);
c/ Confiscate material evidences
and means used for commission of administrative violations; and confiscate
earnings from violations which are valued at up to VND two million (2,000,000);
d/ Compel the restoration of the
original state of land.
2. Chief inspectors of
provincial-level Natural Resources and Environment Departments may:
a/ Serve caution;
b/ Impose fines of up to VND
thirty million (30,000,000);
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d/Compel the restoration of the
original state of land; compel the remedying of land degradation or discharge
of hazardous wastes into land; compel the return of the area of land already
transferred, donated or contributed as capital; confiscate benefits obtained
from violations; compel the completion of administrative procedures under the
land law; and compel the provision of information, papers or documents and
compliance with inspection or examination requests.
3. The Chief Inspector of the
Land Administration may:
a/ Serve caution;
b/ Impose fines of up to VND one
hundred million (100,000,000);
c/ Confiscate material evidences
and means used for commission of administrative violations; deprive of price
appraisal practice permits or certificates; and ban the practice of consultancy
on the formulation of land use plannings or plans;
d/ Compel the restoration of the
original state of land: compel the remedying of land degradation or discharge
of hazardous wastes into land; compel the return of the area of land already
transferred, donated or contributed as capital; confiscate benefits obtained
from violations; compel the completion of administrative procedures under the
land law; and compel the provision of information, papers or documents and
compliance with inspection or examination requests.
4. The Chief Inspector of the
Ministry of Natural Resources and Environment may:
a/ Serve caution;
b/ Impose fines of up to VND
five hundred million (500,000,000);
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d/ Compel the restoration of the
original state of land; compel the remedying of land degradation or discharge
of hazardous wastes into land; compel the return of the area of land already
transferred, donated or contributed as capital; confiscate benefits obtained
from violations; compel the completion of administrative procedures under the
land law; and compel the provision of information, papers or documents and
compliance with inspection or examination requests.
Article 27.
Authorized sanctioning of administrative violations and principles for
determining competence to sanction administrative violations
The authorized sanctioning of
administrative violations and principles for determining the competence to
sanction administrative violations comply with Clauses 16 and 17, Article 1 of
the National Assembly Standing Committee's Ordinance No. 04/2008/UBTVQH12 of
April 2, 2008, Amending and Supplementing a Number of Articles of the Ordinance
on Handling of Administrative Violations (below referred to as Ordinance No.
04/2008/UBTVQH12), and relevant laws.
Article 28.
Responsibilities of persons competent to sanction administrative violations in
case of land recovery, suspension or cessation of the provision of land-related
services
1. The handling of
administrative violations which fall into the cases of land recovery under
Article 38 of the Land Law complies with the following provisions:
a/ Persons with sanctioning
competence defined in Clauses 2 and 3, Article 25 of this Decree, who are also
competent to recover land under Article 44 of the Land Law, shall simultaneously
sanction administrative violations and recover land;
b/ Persons with sanctioning
competence defined in Articles 25, 26 and 27 of this Decree, who are
incompetent to recover land, shall sanction administrative violations and
request in writing competent People's Committees to issue land recovery
decisions. The competent People's Committees shall recover land if there are
sufficient grounds for land recovery. In case there are insufficient grounds
under the land law, they shall notify the reasons to the requesters, the
sanctioned persons and the People's Committees of communes, wards or townships
where exists the land;
c/ If the statute of limitations
for sanctioning specified in Article 4 of this Decree has expired, persons with
sanctioning competence shall make written records of administrative violations
and issue land recovery decisions for cases falling within their competence or
request competent People's Committees to recover land for cases falling beyond
their competence.
2. When handling administrative
violations which fall into the cases specified in Articles 22 and 23 of this
Decree, persons competent to sanction administrative violations shall notify
them to the agencies which have issued practice permits, certificates or
registration papers for further handling under law.
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In case sanctioning decisions
have been issued but later acts of violation are detected to show criminal
signs while the expiration of the statute of limitations for penal liability
examination has not expired, the persons who have issued the sanctioning
decisions shall cancel these decisions and transfer, within three (3) days from
the date of such cancellation, the dossiers of the cases to competent criminal
procedure-conducting agencies.
Chapter IV
PROCEDURES FOR
SANCTIONING ADMINISTRATIVE VIOLATIONS AND COMPLIANCE WITH SANCTIONING DECISIONS
Article 29.
Procedures for sanctioning administrative violations in the land domain
The procedures for sanctioning
administrative violations in the land domain are specified in Ordinance No.
44/2002/PL-UBTVQH10, Ordinance No. 04/2008/UBTVQH12, and the Government's
Decree No. 128/2008/ND-CP of December 16, 2008, detailing a number of articles
of the 2002 Ordinance on Handling of Administrative Violations and the 2008
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Handling of Administrative Violations.
Article 30.
Compliance with decisions to sanction administrative violations in the land
domain
1. Persons sanctioned for
administrative violations in the land domain shall comply with sanctioning
decisions within ten (10) days after receiving these decisions, unless
otherwise provided for by the law on handling of administrative violations.
2. Past the time limit specified
in Clause 1 of this Article, if the sanctioned persons fail to voluntarily
comply with the sanctioning decisions, enforcement shall be carried out
through:
a/ Deducting part of their
salaries or incomes or deducting money from their bank accounts;
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c/ Taking other coercive
measures.
3. The postponed compliance with
decisions to impose fines complies with Article 65 of Ordinance No. 44/2002/PL-UBTVQH10.
4. The competence and procedures
for enforcement of decisions to sanction administrative violations comply with
Article 66 of Ordinance No. 44/2002/PL-UBTVQH10, and Clauses 27 and 28, Article
1 of Ordinance No. 04/2008/UBTVQH12.
Chapter V
IMPLEMENTATION PROVISIONS
Article 31.
Organization of implementation
1. When inspection
decision-issuing persons or chairpersons of People's Committees at all levels
request in writing surveys to identify land areas and determination of land
prices, provincial- and district-level Natural Resources and Environment
agencies shall conduct such surveys and coordinate with finance agencies in
determining land prices within twenty (20) days after receiving such requests.
2. Funds for surveys and
determination of land prices specified in Clause 1 of this Article shall be
covered by the state budget.
The Ministry of Natural
Resources and Environment shall assume the prime responsibility for, and
coordinate with the Ministry of Finance in, guiding the management and use of
funds specified in this Clause.
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1. This Decree takes effect on
January 1, 2010.
2. This Decree replaces the
Government's Decree No. 182/2004/ND-CP of October 29, 2004, on sanctioning of
administrative violations in the land domain.
Article 33.
Implementation responsibilities
1. The Ministry of Natural
Resources and Environment shall guide the order of and procedures for enforcing
administrative sanctioning decisions and issue forms of papers used in the
sanctioning of administrative violations in the land domain.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of People's Committees of all levels shall implement this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung