How many primary forms of sanctions are there for administrative violations regarding land in Vietnam? When is the prescriptive period determined from?
How many primary forms of sanctions are there for administrative violations regarding land in Vietnam?
Pursuant to the provisions of Clause 1, Article 5 of Decree 91/2019/ND-CP, there are currently 02 primary forms of sanctions include:
- Warnings;
- Fine.
Vietnam: When is the prescriptive period determined from?
Pursuant to the provisions of Article 4 of Decree 91/2019/ND-CP, prescriptive period of administrative sanctions regarding land shall be 2 years.
Accordingly, the prescriptive period shall be determined from:
- With respect to concluded administrative violations, prescriptive period thereof shall start from the date on which the violations concluded;
- With respect to ongoing administrative violations, prescriptive thereof shall start from the date on which competent individuals discover the violations while on duty;
How many primary forms of sanctions are there for administrative violations regarding land in Vietnam? When is the prescriptive period determined from? (Image from the Internet)
Vietnam: How to determine whether administrative violations have been concluded or ongoing?
Pursuant to the provisions of Clause 3, Article 4 of Decree 91/2019/ND-CP, Clause 4, Article 4 of Decree 91/2019/ND-CP as follows:
Prescriptive period of administrative sanctions
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3. Violations considered to have been concluded and conclusion dates of violations are as follows:
a) Acts of transferring, trading, gifting, leasing land via lump-sum payment, inheriting, contributing as capital or mortgaging land use rights or receiving the transfer, purchasing, receiving as gift, lease land via lump-sum payment, inherit, contribute as capital or mortgage land use rights with respect to land use rights of land that is prohibited from being traded or ineligible to be traded as set forth under trade contracts or documents signed by relevant parties satisfying obligations thereof; conclusion date of trade regarding land use rights is determined to be the date on which obligations of relevant parties specified under signed contracts or documents are satisfied;
b) Acts of trading land use rights in form of dividing lots, selling vacant land in investment projects to build houses for sale or a combination of for sale and for rent which are ineligible as per the law or eligible but yet to be permitted by People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) and performed according to transfer agreements or documents signed by relevant parties already satisfying obligations under the transfer agreements or documents; conclusion date of transferring land use rights is determined to be the date on which obligations of relevant parties specified under signed agreements or documents are satisfied;
c) Acts of overseas Vietnamese permitted to own houses in Vietnam receiving the transfer of land use rights of residential land which houses have not yet been built on and is not included in residential development projects or receiving the trade of land use rights of of land that is not situated outside of industrial parks, industrial clusters, export-processing zones, hi-tech zones and economic zones; foreign invested enterprises agreeing to transfer investment capital in the form of land use rights of agricultural land, forest land or hiring land for non-agricultural production and business of households and individuals that is situated outside of industrial parks, industrial clusters, export-processing zones, hi-tech zones and economic zones according to transfer agreements or documents signed by relevant parties already satisfying obligations under the transfer agreements or documents; conclusion date of transferring land use rights is determined to be the date on which obligations of relevant parties specified under signed agreements or documents are satisfied;
d) Acts of trading or receiving the trade of land use rights accompanied by trade of partial or entire completed investment projects according to trade contracts or documents regarding land use rights signed by relevant parties already satisfying obligations under the trade contracts or documents despite the fact the land use rights are not permitted to be transferred or ineligible to be transferred; conclusion date of transferring or agreeing to transfer land use rights is determined to be the date on which obligations of relevant parties specified under signed contracts or documents are satisfied;
dd) Acts of buying or trading assets attached to land leased by the State with annual rental payment according to agreements or contracts to sell or buy the assets signed by relevant parties already satisfying obligations under the agreements or contracts without fulfilling conditions set forth under Article 189 of Land Law; conclusion date of selling or purchasing assets is determined to be the date on which obligations of relevant parties specified under signed contracts or documents are satisfied;
e) Acts of destroying land; moving, moving, dislocating or damaging land use markers, administrative division markers; erasing, changing or falsifying papers and documents regarding land use that have concluded before the date on which the violations are discovered. The date of conclusion of the violations specified in this Article refers to the date on which all activities included in the violations are finished;
g) Acts of violating conditions for provision of services regarding land which has been completed according to service agreements or documents signed by relevant parties already satisfying obligations under the agreements or documents; conclusion date of the violations specified in this Point is determined to be the date of signing contract completion records or service provision documents;
h) Acts of providing inaccurate information serving inspection and/or settlement of disputes regarding land; conclusion date of the violations specified in this Point is determined to be the date on which the provision of inaccurate information for organizations and individuals inspecting and/or settling disputes regarding land is completed as per the law;
i) Acts of developers of real estate projects failing to submit applications to proceed with procedures for issuance of Certificates for house and construction buyers or lease purchasers, persons receiving the transfer of land use rights or failing to provide or fully provide paper and documents for house or construction buyers or lease purchasers, persons receiving the transfer of land use rights submitting application for issuance of the Certificates by themselves as specified in Clause 7 Article 26 of Law on Housing and Clause 4 Article 13 of Law on Real Estate Trading; despite rectification made by the project developers after the conclusion date. Conclusion date of the violations specified in this point is determined to the date on which complete applications are submitted or documents and papers are fully provided for the house or construction buyers or lease purchasers, persons receiving the transfer of land use rights to enable them to submit applications for the Certificates by themselves as per the law;
k) In case persons committing administrative violations specified in Points a, b, c, d, dd, e, g, h and i of this Clause fail to prove conclusion date of the violations, the violations are determined to be within prescriptive period for administrative sanctions.
4. Administrative violations regarding land specified in this Decree that are not listed under Clause 3 of this Article are determined to be ongoing violations.
Thus, violations regarding land considered to have been concluded and conclusion dates of violations, including the above mentioned acts.
Determining the time of termination of a violation is carried out according to the provisions mentioned above.
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