The act of encroaching and occupying land illegally in Vietnam can be fined up to 500,000,000 VND, even imprisonment for up to 3 years?
What is illegal encroachment on land?
Pursuant to the provisions of Article 3 of Decree 91/2019/ND-CP (point c, Clause 2 of this Article is amended by Clause 1, Article 1 of Decree 04/2022/ND-CP) on the interpretation of words:
- Land encroachment is the move by a land user of the boundary marker or the boundary of a land parcel to expand the used land area without the permission of the State management agency in charge of land or without the lawful user of the area. that encroached land allows.
Land occupation means the use of land in one of the following cases:
+ Arbitrarily using land without the permission of the state management agency in charge of land;
+ Arbitrarily using land under the lawful use right of another organization or individual without the permission of such organization or individual;
+ Using land allocated or leased by the State which has expired its use term but has not been extended by the State for land use and a decision on land recovery has been announced and implemented by the land user. non-compliance (except for households and individuals directly engaged in agricultural production using agricultural land)
+ Using land on the field without completing the procedures for land allocation or land lease as prescribed by law.
Administrative penalties for illegal land encroachment?
Pursuant to the provisions of Article 14 of Decree 91/2019/ND-CP stipulating administrative penalties for illegal land encroachment as follows:
“Article 14. Encroachment, land occupation
1. In case of encroachment or occupation of unused land in rural areas, the form and level of sanction are as follows:
a) A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for the encroached land area, occupying less than 0.05 hectares;
b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the encroached land area, occupying from 0.05 hectares to less than 0.1 hectares;
c) A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed for the encroached land area, occupying from 0.1 ha to less than 0.5 ha;
d) A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for the encroached land area, occupying from 0.5 ha to less than 1 hectare;
dd) A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed for the encroached land, occupying 1 hectare or more.
2. In case of encroachment or occupation of agricultural land other than rice cultivation land, special-use forest land, protection forest land or production forest land in rural areas, the form and level of sanction shall be as follows:
a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the encroached land area occupying less than 0.05 hectares;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the encroached land area, occupying from 0.05 hectares to less than 0.1 hectares;
c) A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for the encroached land area, occupying from 0.1 ha to less than 0.5 ha;
d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the encroached land area, occupying from 0.5 ha to less than 1 hectare;
dd) A fine ranging from VND 50,000,000 to VND 120,000,000 shall be imposed for encroached land, occupying 1 hectare or more.
3. In case of encroachment on agricultural land which is rice cultivation land, special-use forest land, protection forest land or production forest land in rural areas, the form and level of sanction shall be as follows:
a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the encroached land area occupying less than 0.02 hectares;
b) A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the encroached land area, occupying from 0.02 hectares to less than 0.05 hectares;
c) A fine ranging from VND 7,000,000 to VND 15,000,000 shall be imposed for the encroached land area, occupying from 0.05 hectares to less than 0.1 hectares;
d) A fine ranging from VND 15,000,000 to VND 40,000,000 shall be imposed for the encroached land area, occupying from 0.1 ha to less than 0.5 ha;
dd) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the encroached land area, occupying from 0.5 ha to less than 1 hectare;
e) A fine ranging from VND 60,000,000 to VND 150,000,000 shall be imposed for the encroached land, occupying 1 hectare or more.
4. In case of encroachment or occupation of non-agricultural land, except for the case specified in Clause 6 of this Article in rural areas, the form and level of sanction shall be as follows:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the encroached land area occupies less than 0.05 hectares;
b) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the encroached land area occupies from 0.05 hectares to less than 0.1 hectares;
c) A fine ranging from VND 40,000,000 to VND 100,000,000 shall be imposed if the encroached land area occupies from 0.1 ha to less than 0.5 ha;
d) A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if the encroached land area occupies from 0.5 ha to less than 1 hectare;
dd) A fine ranging from VND 200,000,000 to VND 500,000,000 shall be imposed if the encroached land area occupies 1 hectare or more.
5. In case of encroachment or occupation of unused land, agricultural land or non-agricultural land (except for the case specified in Clause 6 of this Article) in urban areas, the level of fines shall be equal to 02 times of the sanctioning level for the type of type. corresponding land specified in Clauses 1, 2, 3 and 4 of this Article and the maximum fine shall not exceed 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations.
6. In case of encroachment or occupation of land within the safety corridor of the works and the land of the works with the protection corridor, the land of the working office and non-business establishments of the agency or organization according to the provisions of law the law on management and use of state property, the form and level of sanction shall comply with the provisions of law on sanctioning of administrative violations in the field of construction investment activities; mining, processing and trading in minerals used as building materials, production and trading in building materials; management of technical infrastructure works; real estate business, housing development, home and office use management; in the field of road and railway traffic; in the field of culture, sports, tourism and advertising; in the field of exploitation and protection of irrigation works; dike; flood prevention; in the field of management and use of state property and other specialized fields.”
Accordingly, depending on the type of land and the area of land encroached on, the administrative sanction for illegal land encroachment will be different and will be fined as low as VND 2,000,000 and the highest as VND 2,000,000. 500,000,000 VND, in addition, they may also be subject to remedial measures such as forced restoration to the original state, forced implementation of procedures for land allocation or land lease.
The act of encroaching and occupying land illegally in Vietnam can be fined up to 500,000,000 VND, even imprisonment for up to 3 years?
Land illegally in Vietnam encroachment against the law can be fined 50,000,000 VND, imprisonment for up to 3 years?
Pursuant to the provisions of Article 228 of the 2015 Penal Code, criminal penalties for illegal land encroachment are as follows:
“Article 228. Crime of violating regulations on land use
1. Those who encroach on land, transfer land use rights or use land in contravention of the provisions of law on land management and use, have been administratively sanctioned for this act or have been convicted. If the sentence for this crime has not yet been expunged but still commits it, the offenders shall be subject to a fine of between VND 50,000,000 and 500,000,000, a non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
2. Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 500,000,000 and VND 2,000,000,000 or a prison term of between 02 and 07 years:
a) Organized;
b) Committing the crime twice or more;
c) Dangerous recidivism.
3. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000.”
Therefore, in the case of your family, if your family is determined to be land illegally in Vietnam encroachment, your family can be administratively fined up to VND 500,000,000 or imprisoned for up to 3 years. depending on the severity of the violation.
Thư Viện Pháp Luật
