What is the regulation on land invasion? What are the administrative penalties for land invasion in Vietnam?
Vietnam: What is the regulation on land invasion?
Pursuant to the provisions of Clause 1, Article 3 of Decree 91/2019/ND-CP, the term of “Land invasion” is defined as follows:
“Land invasion” refers to displacement of markers or boundary of a plot by a land user to expand his/her land area without permission of a land regulatory authority or legal user of that invaded stretch of land.
Thus, land invasion refers to displacement of markers or boundary of a plot by a land user to expand his/her land area without permission.
What is the regulation on land invasion? What are the administrative penalties for land invasion in Vietnam?
What are the administrative penalties for land invasion in Vietnam?
Pursuant to the provisions of Article 14 of Decree 91/2019/ND-CP, the administrative penalty for land invasion is determined as follows:
No. | Case | Fines for administrative violations |
1 | Invasion of unused land in rural areas | - 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 | Invasion of agricultural land other than paddy land, land for reserve forests, protection forests or production forests in rural areas | - A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare; - A fine ranging from VND 5,000,000 to VND 10,000,000 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 10,000,000 to VND 30,000,000 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 30,000,000 to VND 50,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare; - A fine ranging from VND 50,000,000 to VND 120,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more; |
3 | Invasion of agricultural land that is paddy land, land for reserve forests, protection forests or production forests in rural areas | - A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is less than 0.02 hectare; - A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed if invaded or appropriated land area is from 0.02 hectare to less than 0.05 hectare; - A fine ranging from VND 7,000,000 to VND 15,000,000 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 15,000,000 to VND 40,000,000 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 40,000,000 to VND 60,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare; - A fine ranging from VND 60,000,000 to VND 150,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more; |
4 | Invasion of non-agricultural land in rural areas (except cases of land belonging to construction security perimeter, land for construction surrounded by security perimeter, and land for base offices and business operation offices of agencies and organizations and use of state assets) | - A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare; - A fine ranging from VND 20,000,000 to VND 40,000,000 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 40,000,000 to VND 100,000,000 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 100,000,000 to VND 200,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare; - A fine ranging from VND 200,000,000 to VND 500,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more. |
5 | Invasion of unused land, agricultural land, non-agricultural land in urban areas (except cases of land belonging to construction security perimeter, land for construction surrounded by security perimeter, and land for base offices and business operation offices of agencies and organizations and use of state assets) | with twice the fine amounts imposed on corresponding land types specified in 1, 2, 3 and 4 and an individual shall face a fine up to VND 500,000,000 and up to VND 1,000,000,000 for organization |
6 | Invasion of land belonging to construction security perimeter, land for construction surrounded by security perimeter, and land for base offices and business operation offices of agencies and organizations and use of state assets | Shall be sanctioned in accordance with regulations and law on administrative sanctions regarding: - construction investment; - extraction, process and trade of minerals as construction materials, business operation regarding construction materials; - management of technical infrastructural constructions; - real estate trade, housing development, house and office management and use; - road and railway traffic; - culture, sports, tourism, and advertising; extraction and protection of hydropower structures; - flood control systems; - storm prevention and counter; management and use of state assets and other specialized fields. |
What are the rectification measures for land invasion in Vietnam?
Pursuant to the provisions of Clause 7, Article 14 of Decree 91/2019/ND-CP amended by Clause 3, Article 1 of Decree 04/2022/ND-CP as follows:
Land invasion and appropriation
...
7. Rectification measures:
a) 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;
b) Enforced land registration as per the law in case of eligible to be recognized for land use rights and in case the land user violates the law but he/she can temporarily use the land until the Government expropriate the land according to Article 22 of Decree No. 43/2014/ND-CP;
c) 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;
d) 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, any rectification measures for land invasion are determined according to the content of the above regulations.
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