From October 04, 2024, what are fines for the act of repurposing rice cultivation land without permission from the competent authorities in Vietnam?
What types of land are considered rice cultivation land?
Pursuant to Article 182 of the Land Law 2024, rice cultivation land is defined as follows:
Article 182. Rice cultivation land
- Rice cultivation land includes specialized rice-growing land and other rice cultivation land. Specialized rice-growing land is defined as land cultivated with at least two rice crops per year.
- The State has policies to support and invest in building infrastructure, applying modern science and technology in high-yield, high-quality rice cultivation areas; protecting rice cultivation land, and limiting the conversion of rice cultivation land to non-agricultural uses.
[...]
According to the above regulation, rice cultivation land includes both specialized rice-growing land and other rice cultivation land.
From October 04, 2024, what are fines for the act of repurposing rice cultivation land without permission from the competent regulatory agencies in Vietnam? (Image from the Internet)
From October 04, 2024, what are fines for the act of repurposing rice cultivation land without permission from the competent regulatory agencies in Vietnam?
Based on Article 8 of Decree 123/2024/ND-CP, the fines for the act of repurposing rice cultivation land without permission from the competent regulatory agencies in Vietnam are regulated as follows:
[1] For the act of converting rice cultivation land to another type within the agricultural land group, the forms and levels of penalties are as follows:
- A fine of 2,000,000 VND to 3,000,000 VND for land areas under 0.5 hectares
- A fine of 3,000,000 VND to 5,000,000 VND for land areas from 0.5 hectares to under 1 hectare
- A fine of 5,000,000 VND to 10,000,000 VND for land areas from 1 hectare to under 3 hectares
- A fine of 10,000,000 VND to 30,000,000 VND for land areas of 3 hectares or more
[2] When rice cultivation land is converted to non-agricultural land (not homestead land) within a commune’s administrative boundary, the forms and levels of penalties are as follows:
- A fine of 3,000,000 VND to 5,000,000 VND for land areas under 0.05 hectares
- A fine of 5,000,000 VND to 10,000,000 VND for land areas from 0.05 hectares to under 0.1 hectares
- A fine of 10,000,000 VND to 20,000,000 VND for land areas from 0.1 hectares to under 0.5 hectares
- A fine of 20,000,000 VND to 50,000,000 VND for land from 0.5 hectares to under 1 hectare
- A fine of 50,000,000 VND to 100,000,000 VND for land areas from 1 hectare to under 2 hectares
- A fine of 100,000,000 VND to 150,000,000 VND for land areas over 2 hectares
[3] With the conversion of rice cultivation land to homestead land within a commune’s administrative boundary, the penalties are as follows:
- A fine of 20,000,000 VND to 30,000,000 VND for land areas under 0.01 hectares
- A fine of 30,000,000 VND to 50,000,000 VND for land areas from 0.01 hectares to under 0.03 hectares
- A fine of 50,000,000 VND to 100,000,000 VND for land areas from 0.03 hectares to under 0.05 hectares
- A fine of 100,000,000 VND to 150,000,000 VND for land areas from 0.05 hectares to under 0.1 hectares
- A fine of 150,000,000 VND to 200,000,000 VND for land areas of 0.1 hectares or more.
In addition, the following remedial measures are applied:
- Compulsory restoration of the original state of the land before the violation, except as prescribed in Clause 3, Article 139 of the Land Law 2024
- Requiring the submission of illegal profits gained from committing the violation.
Note:
- Acts of converting rice cultivation land into non-agricultural land within the administrative boundaries of wards or commune-level towns are subject to penalties doubled as stated in [2] [3]
- The above fines apply to individuals. Organizations committing the same violations face fines twice as high as those for individuals (Regulation in Clause 2, Article 5 of Decree 123/2024/ND-CP)
What are cases of land repurposing requiring permission from a competent regulatory agencies in Vietnam?
According to Article 121 of the Land Law 2024, cases that require permission from a competent regulatory agencies for land repurposing in Vietnam include:
- Conversion from rice cultivation land, special-use forest land, protective forest land, production forest land to another type within the agricultural land group
- Conversion from agricultural land to non-agricultural land
- Conversion from other types of land to concentrated livestock farming land when implementing a large-scale livestock farming project
- Conversion of non-agricultural land granted by the State without a land levy to other non-agricultural land types granted by the State with a land levy or for lease
- Conversion from non-agricultural land not being homestead land to homestead land
- Conversion of land used for construction of public works with commercial purposes to production or business non-agricultural land
- Conversion of production and business non-agricultural land not being commercial land to commercial land
