Acts of failing to use for how long will result in being fined in Vietnam? What are the fine levels?
Which Land Group Does Perennial Crop Land Belong To?
Pursuant to Article 9 of the Land Law 2024 regarding land classification:
Article 9. Land Classification
- Based on the purpose of use, land is classified into the groups of agricultural land, non-agricultural land, and unused land.
- The agricultural land group includes the following types of land:
a) Land for annual crops, including rice cultivation land and other annual crop land;
b) Land for perennial crops;
c) Forestry land, including special-use forest land, protection forest land, production forest land;
d) Aquaculture land;
đ) Land for concentrated livestock production;
e) Land for salt-making;
g) Other agricultural land.
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According to the above regulation, perennial crop land belongs to the agricultural land group.
Acts of failing to use for how long will result in being fined in Vietnam? What are the fine levels? (Internet image)
Acts of failing to use for how long will result in being fined in Vietnam? What are the fine levels?
According to Article 24 of Decree 123/2024/ND-CP stipulating failure to use land for annual crop in 12 consecutive months, land for perennial plants in 18 consecutive months, land for afforestation in 24 consecutive months in Vietnam:
Article 24. Failure to use land for annual crop in 12 consecutive months, land for perennial plants in 18 consecutive months, land for afforestation in 24 consecutive months
1. Actions of not using annual crop land, aquaculture land for 12 continuous months shall result in the following forms and levels of penalties:
a) A fine from 2,000,000 VND to 5,000,000 VND for land area under 0.5 hectares;
b) A fine from 5,000,000 VND to 10,000,000 VND for land area from 0.5 hectares to under 1 hectare;
c) A fine from 10,000,000 VND to 20,000,000 VND for land area from 1 hectare or more.
2. Actions of not using perennial crop land for 18 continuous months shall result in the following forms and levels of penalties:
a) A fine from 2,000,000 VND to 5,000,000 VND for land area under 0.5 hectares;
b) A fine from 5,000,000 VND to 10,000,000 VND for land area from 0.5 hectares to under 1 hectare;
c) A fine from 10,000,000 VND to 20,000,000 VND for land area from 1 hectare or more.
3. Actions of not using forestry land for 24 continuous months shall result in the following forms and levels of penalties:
a) A fine from 3,000,000 VND to 5,000,000 VND for land area under 0.5 hectares;
b) A fine from 5,000,000 VND to 10,000,000 VND for land area from 0.5 hectares to under 1 hectare;
c) A fine from 10,000,000 VND to 20,000,000 VND for land area from 1 hectare or more.
4. Remedial measures:
The land user is required to put the land to use within 60 days for actions stipulated in clauses 1 and 2, and within 90 days for actions stipulated in clause 3 of this Article.
According to the above regulation, a land user who does not use perennial crop land for 18 continuous months will be subject to administrative penalties, with fines ranging from 2,000,000 VND to 20,000,000 VND.
Additionally, the land user must put the land to use within 60 days.
Note: The above penalties apply to individuals. For organizations committing the same violations, the fine is double that for individuals (Regulation in clause 2, Article 5 of Decree 123/2024/ND-CP).*
Acts of failing to use for how long will result in land being expropriated in Vietnam?
According to clause 7, Article 81 of the Land Law 2024 stipulating cases of land expropriation due to violations against land law in Vietnam
Article 81. Cases of land expropriation due to violations against land law
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- Annual crop land, aquaculture land not used for 12 continuous months, perennial crop land not used for 18 continuous months, forestry land not used for 24 continuous months and have been administratively sanctioned without putting the land to use within the time limit stated in the administrative sanction decision;
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Thus, a land user who does not use perennial crop land for 18 continuous months and has been administratively sanctioned without putting the land to use within the time frame stated in the administrative sanction decision will have the land revoked.
