In Vietnam, unauthorized tree planting on someone else's land is considered a land encroachment act. Based on Clauses 1 to 6, Article 13 of Decree 123/2024/ND-CP, the penalties for land encroachment acts are stipulated as follows:
(1) The act of encroaching or occupying land managed by State agencies or organizations, as documented in cadastral records within the administrative boundaries of a commune or official documents of land allocation for management, shall incur a penalty ranging from VND 3,000,000 to VND 200,000,000 for encroachment actions on land areas from 0.02 hectares to 2 hectares or more.
(2) The act of encroaching or occupying agricultural land (excluding rice cultivation land, special-use forests, protection forests, production forests) not covered in Clause (i) above but within the administrative boundaries of a commune shall incur a penalty ranging from VND 3,000,000 to VND 200,000,000 for encroachment actions on land areas from 0.02 hectares to 2 hectares or more.
(3) The act of encroaching or occupying agricultural land that is rice cultivation land, special-use forests, protection forests, production forests not covered in Clause (i) above but within the administrative boundaries of a commune shall incur a penalty ranging from VND 5,000,000 to VND 200,000,000 for areas from less than 0.02 hectares to 1 hectare or more.
(4) The act of encroaching or occupying non-agricultural land not covered in Clause (i) above but within the administrative boundaries of a commune shall incur a penalty ranging from VND 5,000,000 to VND 200,000,000 for encroachment actions on land areas from 0.02 hectares to 2 hectares or more.
(5) The act of using land that the State has decided to allocate or lease but has not actually been handed over shall incur a penalty ranging from VND 10,000,000 to VND 500,000,000 for encroachment actions on land areas from 0.02 hectares to 2 hectares or more.
(6) For encroachment acts within the administrative boundaries of wards or commune-level towns, the penalty is double the rate specified for the corresponding land type in Clauses (1), (2), (3), and (4) above, with a maximum penalty of VND 500,000,000 for individuals and VND 1,000,000,000 for organizations.
The act of unauthorized tree planting on someone else's land by individuals may incur a fine ranging from a minimum of VND 3,000,000 up to VND 500,000,000 maximum.
Note: The fines mentioned above apply to individuals. For organizations, the penalty will be double what is imposed on individuals (Clause 2, Article 5 of Decree 123/2024/ND-CP).
Below is a collection of judgments related to disputes on unauthorized planting on someone else's land in Vietnam:
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