Vietnam: What is the concept of land appropriation? What are the cases of land appropriation? What are the administrative penalties imposed on entities committing land appropriation?
- What is the concept of land appropriation in Vietnam? What are the cases of land appropriation?
- What are the administrative penalties imposed on entities committing land appropriation in Vietnam?
- In Vietnam, is it required to continue carrying out procedures for land allocation in case of using land before completing procedures for land allocation?
What is the concept of land appropriation in Vietnam? What are the cases of land appropriation?
Pursuant to the provisions of Clause 2 Article 3 of Decree 91/2019/ND-CP amended by Clause 1 Article 1 of Decree 04/2022/ND-CP, the concept of "land appropriation" is specified as follows:
2. “Land appropriation” refers to one of the following cases:
a) Deliberately use land without permission of land regulatory authorities; or
b) Deliberately use land legally owned by other organizations or individuals without permission thereof; or
c) Use land allocated or leased by the Government whose use period has expired without being extended by the Government and with decision on expropriation that has been declared and implemented but the land user fails to comply (except for cases in which households or individuals directly conducting agricultural activities use agricultural land)
d) Use land on the spot without completing procedures of land allocation or lease as per the law.
Thus, land appropriation is an administrative violation when deliberately using land in the above cases.
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What are the administrative penalties imposed on entities committing land appropriation in Vietnam?
Pursuant to the provisions of Article 14 of Decree 91/2019/ND-CP, the administrative penalties imposed on entities committing land appropriation in Vietnam are specified as follows:
No. | Case | Administrative penalties |
1 | Appropriation of unused land in rural areas | - A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed if the appropriated land area is less than 0.05 hectare; b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if the appropriated land area is from 0.05 hectare to less than 0.1 hectare; c) A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if the appropriated land area is from 0.1 hectare to less than 0.5 hectare; d) A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if the appropriated land area is from 0.5 hectare to less than 01 hectare; dd) A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed if the appropriated land area is 01 hectare or more; |
2 | Appropriation 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 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 the 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 the 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 the 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 appropriated land area is 01 hectare or more; |
3 | Appropriation 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 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 the 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 the 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 the 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 the 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 appropriated land area is 01 hectare or more; |
4 | Appropriation of non-agricultural land (Except for the case 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) | - A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if 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 the 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 the 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 the 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 the appropriated land area is 01 hectare or more. |
5 | Appropriation of unused land, agricultural land, non-agricultural land (Except for the case 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) | The fine is equal to 02 times the fine amounts imposed on corresponding land types specified in cases 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 | Appropriation 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 according to regulations and law on management and use of state assets | Comply with the 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. |
Note: The above fines apply to individuals. In case organizations violate, the fines shall be doubled.
In Vietnam, is it required to continue carrying out procedures for land allocation in case of using land before completing procedures for land allocation?
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 on remedial measures as follows:
Land invasion and appropriation
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7. Remedial measures:
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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;
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Thus, according to the above-mentioned provisions, entities committing land appropriation without completing procedures for land allocation must continue carrying out procedures for land allocation according to regulations.
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