11/01/2025 11:24

What are penalties for unauthorized planting on someone else's land in Vietnam? What are judgments related to this offense?

What are penalties for unauthorized planting on someone else's land in Vietnam? What are judgments related to this offense?

What are penalties for unauthorized planting on someone else's land in Vietnam? Are there any judgments regarding the act of unauthorized planting on someone else's land in Vietnam?

What are penalties for unauthorized planting on someone else's land in Vietnam?

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).

What are judgments related to disputes on unauthorized planting on someone else's land in Vietnam?

Below is a collection of judgments related to disputes on unauthorized planting on someone else's land in Vietnam:

No. Judgment Name Trial Date Adjudicating Agency
1 Judgment 21/2024/DS-PT on land use rights dispute March 27, 2024 People's Court of Lang Son Province
2 Judgment 03/2023/DS-PT on contract dispute January 13, 2023 People's Court of Yen Bai Province
3 Judgment 11/2023/DS-PT on land use rights dispute June 27, 2023 People's Court of Lao Cai Province
4 Judgment 117/2023/DS-PT on land use rights dispute June 6, 2023 People's Court of Dong Nai Province
5 Judgment 139/2023/DS-PT on land use rights dispute April 20, 2023 People's Court of Ben Tre Province
6 Judgment 16/2023/DS-PT on land use rights dispute April 7, 2023 People's Court of Tuyen Quang Province
7 Judgment 15/2023/DS-PT on asset reclamation—land use rights, request to declare the land transfer contract invalid April 4, 2023 People's Court of Quang Ninh Province
8 Judgment 48/2023/DS-PT on land use rights dispute September 21, 2023 People's Court of Ha Tinh Province
9 Judgment 175/2023/DS-ST on asset reclamation—land use rights September 5, 2023 People's Court of Cai Lay District, Tien Giang Province
10 Judgment 34/2023/DS-PT on land contract dispute July 3, 2023 People's Court of Tuyen Quang Province
11 Judgment 163/2023/DS-PT on reclaiming land use rights September 22, 2023 People's Court of V Province
12 Judgment 47/2023/DS-ST on compensation for damage due to asset encroachment September 25, 2023 People's Court of Dak Mil District, Dak Nong Province
13 Judgment 82/2023/DS-PT on request to declare land transfer contract invalid and resolve contract consequences November 17, 2023 People's Court of Dak Nong Province
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