From October 4, 2024, what are fines for land users not conducting land registration in Vietnam?
What is land registration under the law in Vietnam?
Based on Article 3 of the Land Law 2024:
Article 3. Explanation of Terms
In this Law, the following terms are understood as follows:
[...]
14. The national land database is a collection of land databases in which data are organized and arranged for access, exploitation, sharing, management, and updating through electronic means.
15. Registration of land and property affixed to land means the declaration made by land users, owners of property affixed to land or persons assigned to manage land on land use rights, ownership of property affixed to land with competent regulatory agencies to be recorded according to provisions of this Law.
16. Land under dispute is a parcel with a land dispute that is in the process of being resolved by the competent authority.
[...]
Thus, registration of land and property affixed to land means the declaration made by land users, owners of property affixed to land or persons assigned to manage land on land use rights, ownership of property affixed to land with competent regulatory agencies to be recorded according to provisions of this Law.
From October 4, 2024, how much will land users be fined for not conducting land registration? (Image from Internet)
From October 4, 2024, what are fines for land users not conducting land registration in Vietnam?
According to Article 16 of Decree 123/2024/ND-CP regulating act of not conducting land registration in Vietnam:
Article 16. Act of not conducting land registration in Vietnam:
- A fine of 1,000,000 VND to 2,000,000 VND for failing to conduct the initial land registration as prescribed at points a, b, and c clause 1 Article 132 of the Land Law.
- A fine of 2,000,000 VND to 3,000,000 VND for failing to conduct the land change registration as prescribed at points a, b, i, k, l, m, and q clause 1 Article 133 of the Land Law.
- Remedial measures:
Required to conduct land registration as prescribed.
Thus, land users failing to register land will be penalized as follows:
[1] A fine of 1,000,000 VND to 2,000,000 VND for not conducting the initial land registration in the following cases:
- The parcel being used without registration
- The parcel allocated or leased by the State for use
- The parcel assigned for management without registration
[2] A fine of 2,000,000 VND to 3,000,000 VND for not conducting the land change registration in the following cases:
- Land users, owners of assets attached to land exercising rights to transfer, transfer, inherit, donate land use rights, assets attached to land; contributing capital by land use rights, assets attached to land; leasing or subleasing land use rights in construction-business infrastructure projects; transferring projects involving land use
- Land users, owners of assets attached to land are allowed to change their names
- Changes in land use rights, ownership rights of assets attached to land due to division, separation, merger, incorporation, conversion of the organization model or agreements among family members or between husband and wife or among joint land users, joint owners of assets attached to land
- Changes in land use rights, ownership rights of assets attached to land based on successful mediation results about land disputes recognized by competent People's Committees; agreements in mortgage contracts to settle debts; decisions by competent state agencies on land dispute resolution, complaints, land allegations; court judgments, decisions, enforcement decisions by enforcement agencies that have been executed; arbitration awards or decisions of the Vietnam Commercial Arbitration relating to land; documents recognizing auction results of land use rights conformable with the law
- Establishment, change, or termination of rights to adjoining parcels
- Changes regarding limitations on land user's rights
- Selling assets, transferring, transferring public property land use rights as prescribed by law on management and use of public assets.
Furthermore, it is compulsory to conduct land registration as prescribed.
Note: The above fine applies to individuals. Organizations with the same violations will incur fines equivalent to twice the amount imposed on individuals (Regulations in clause 2 Article 5 of Decree 123/2024/ND-CP)*
What are the obligations of all land users in Vietnam?
According to Article 31 of the Land Law 2024 stipulating the obligations of all land users in Vietnam:
- Use land for the correct purpose, along the boundaries of the parcel, adhered strictly regarding the use of underground depth and above-ground height, protect public works underground and comply with other relevant legal regulations.
- Conduct land registration declarations; comply fully with procedures in land conversion, transfer, lease, sublease, inheritance, donation of land use rights, mortgage, capital contribution by land use rights according to law provisions.
- Fulfill financial obligations on land prescribed by law.
- Implement measures for land protection; handle, restore degraded land due to self-induced pollution.
- Comply with environmental protection regulations, not infringing on the property and legal interests of related land users.
- Comply with legal regulations when discovering objects underground.
- Return land when the State decides to recover land according to legal regulations.
