How to administratively penalize persons encroaching on unused land near the river in rural areas? Can an individual who violates the Land Law transfer the land to another person?
What are the prohibited acts in the land law of Vietnam?
Pursuant to Article 12 of the Land Law 2013 of Vietnam on prohibited acts as follows:
- Encroaching, occupying or destroying land.
- Violating publicized land use master plans and plans.
- Failing to use land, or using land for improper purposes.
- Failing to comply with law when exercising the rights of land users.
- Acquiring agricultural land use rights exceeding the quota set for households and individuals as prescribed by this Law.
- Failing to register with competent state agencies when using land or making transactions of land use rights.
- Failing to perform or fully perform financial obligations toward the State.
- Abusing positions and powers to act against land management regulations.
- Failing to provide land information or providing incorrect land information as prescribed by law.
- Obstructing, or causing difficulties to, the exercise of the rights of land users as prescribed by law.
Thus, whether the land has been used or not, but if it is not within the scope of your land use rights, this is still encroachment on land. This is prohibited according to the provisions of the Land Law 2013 of Vietnam. The violation will be administratively penalized in accordance with the law.
How to administratively penalize persons encroaching on unused land near the river in rural areas?
How to administratively penalize persons encroaching on unused land near the river in rural areas?
(1) Pursuant to Clause 1 Article 14 of Decree 91/2019/ND-CP of Vietnam on stipulating the sanctioning of administrative violations for acts of encroaching on unused land near rivers in rural areas as follows:
- Invasion or appropriation of unused land in rural areas shall be sanctioned as follows:
+ A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare;
+ A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;
+ A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;
+ A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;
+ A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more;
(2) Pursuant to Clause 5 Article 14 of Decree 91/2019/ND-CP of Vietnam:
“5. Invasion or appropriation of unused land, agricultural land, non-agricultural land (except for cases specified in Clause 6 of this Article) in urban areas shall be met with twice the fine amounts imposed on corresponding land types specified in Clauses 1, 2, 3 and 4 of this Article and an individual shall face a fine up to VND 500,000,000 and up to VND 1,000,000,000 for organization.”
(3) Pursuant to Clause 7 Article 14 of Decree 91/2019/ND-CP of Vietnam:
- Rectification measures:
+ Enforced restoration of land to its original conditions before the violations with respect to cases specified in Clauses 1, 2, 3, 4 and 5 of this Article and enforced return of invaded and appropriated land; except cases specified in Points b and c of this Clause;
+ Enforced land registration as per the law in case of eligible to be recognized for land use rights according to Article 22 of Decree No. 43/2014/ND-CP ;
+ Enforced continued adoption of procedures to allocate and lease land as per the law in case of using land before completing procedures to allocate and lease land;
+ Enforced submission of illegal revenues generated by committing the violations specified in Clauses 1, 2, 3, 4 and 5 of this Article; the illegal revenues shall be determined according to Clause 2 Article 7 of this Decree.
Thus, if you encroach on the unused land near rivers in rural areas, you will be administratively penalized with a fine ranging from VND 2,000,000 to VND 70,000,000 depending on the area of encroached land. At the same time, you are enforced to restore the original conditions of the land before the violation and return the illegal profits obtained from the commission of the violation.
If individuals violate the Land Law, can they transfer the land to another person?
Pursuant to Article 188 of the Land Law 2013 of Vietnam on the conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital:
- Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:
+ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
+ The land is dispute-free;
+ The land use rights are not distrained to secure judgment enforcement;
+ Within the land use term.
- In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
- The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.
Thus, if you violate and are penalized for administrative violations of land, but if the land area you transfer still meets the above conditions, it will still be transferred to another person.
Thư Viện Pháp Luật
