How much is fine for using fabricated or falsified certificate of land use rights and ownership of houses and other land-attached assets to sell land in Vietnam?

How much is fine for using fabricated or falsified certificate of land use rights and ownership of houses and other land-attached assets to sell land in Vietnam?

In Clause 3, Clause 4 and Point b, Clause 5, Article 35 of Decree 91/2019/ND-CP, violations regarding documents and certificates relating land use are as follows:

3. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed on using fabricated or falsified documents while following administratives procedures and other affairs relating to land but not liable to criminal prosecutions.

4. Additional forms of sanctions:

Confiscation of erased, changed or falsified documents; fabricated or falsified documents specified in Clauses 1, 2 and 3 of this Article.

5. Rectification measures:

a) Enforced submission of granted Certificate and adoption of administratives procedures relating land as per the law with respect to cases specified in Clause 2 of this Article;

b) Cancellation of results of administratives procedures relating land that have been adopted as per the law with respect to cases specified in Clause 3 of this Article.

According to Point a, Clause 1, Article 6 of Decree 91/2019/ND-CP stipulating fine levels:

1. Adoption of fine on entities committing administrative violations is as follows:

a) Fine amounts specified in Chapter II of this Decree apply to individuals except those mentioned in Point b of this Clause; fine amounts imposed on organizations shall equal twice the fine amounts imposed on individuals for the same administrative violation;

Thus, users of certificates to sell land will be fined from VND 10,000,000 to VND 30,000,000. In addition, the transaction of selling land from the fake certificate will be canceled and the fake certificate will be confiscated. In your case, Mr. H has gone beyond the administrative sanctioning framework, so Mr. H will be liable for criminal prosecution.

What is criminal prosecution for using fabricated or falsified certificate to sell land in Vietnam?

In Article 174 of the 2015 Penal Code, as amended by Point a, Clause 3, Article 2 of the Law amending the Penal Code 2017, obtaining property by fraud is as follows:

1. A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;

c) The offence has a negative impact on social safety, order and security;

d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) Dangerous recidivism;

dd) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

e) The offender employs deceitful methods to commit the offence;

g) The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The property stolen is ≥ VND 500,000,000;

b) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

c) The offender takes advantage of a war or state of emergency to commit the offence.

5. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Pursuant to Article 341 of the 2015 Penal Code as amended by Clause 126, Article 1 of the 2017 Penal Code Amendment, which stipulates fabricating an organization's seal or documents and use thereof as follows:

1. Any person who fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence involves 02 - 05 fabricated seals or documents;

d) The fabricated seal or document is used to commit a less serious crime or a serious crime;

dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence involves ≥ 06 fabricated seals or documents;

b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;

c) The illegal profit earned is ≥ VND 50,000,000

4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

Therefore, according to the above regulations in Vietnam, Mr. H sells that piece of land to you for 70,000,000 VND with a forged certificate, he may be liable for criminal prosecution with 2 charges of obtaining property by fraud and fabricating an organization's seal or documents and use.

Number of years Mr. H's years in prison will depend on the level of behavior, the results of the investigation agency and the court's decision to execute the sentence in Vietnam.

What are regulations on authority to issue a certificate in Vietnam? 

Article 37 of Decree 43/2014/ND-CP is supplemented by Clause 23, Article 2 of Decree 01/2017/ND-CP stipulating agencies granting certificates of land use rights and ownership of houses and other land-attached assets when land users exercise the rights of land users or owners of land-attached assets; renewal or re-grant of certificates as follows:

1. For localities in which land registration offices have been established under Clause 1, Article 5 of this Decree, provincial-level Natural Resources and Environment Departments shall grant certificates of land use rights and ownership of houses and other land-attached assets to land users and owners of land-attached assets who have been granted certificates, certificates of ownership of houses or certificates of ownership of construction facilities in the following cases:

a/ When land users or asset owners exercise the rights of land users or owners of land- attached assets, which requires the grant of new certificates of land use rights and ownership of houses and other land-attached assets;

b/ Renewal or re-grant of certificates, certificates of ownership of houses or certificates of ownership of construction facilities.

2. For localities in which land registration offices have not yet been established under Clause 1, Article 5 of this Decree, the grant of certificates to the subjects specified in Clause 1 of this Article is prescribed as follows:

a/ Provincial-level Natural Resources and Environment Departments shall grant certificates of land use rights and ownership of houses and other land-attached assets to religious organizations or institutions; overseas Vietnamese implementing investment projects; foreign organizations and individuals; and foreign-invested enterprises;

b/ District-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, communities, and overseas Vietnamese eligible to own houses associated with the rights to use residential land in Vietnam.

3. Local land registration office, if formed, or its branch shall update information onto the issued certificates of land use right with or without ownership of house and other properties attached to land at the discretion of the provincial People's Committee.

4. Provincial People’s Committee shall consider the organization system and facilities of the local land registration office to authorize the Department of Natural resources and Environment's mandate for the land registration office to issue certificates of land use right with or without ownership of house and other properties attached to land under the circumstance defined in Section 1 of this Article.

The official seal of the Department of Natural resources and Environment shall be accessible to the mandates for issuance of certificates of land use right with or without ownership of house and other properties attached to land as stated in Section 1 of Article 105 of the Land Law and this Section.

5. The Ministry of Natural Resources and Environment shall define the subjects that are eligible for grant of certificates of land use rights and ownership of houses and other land- attached assets upon registration of changes in land or land-attached assets, and certify changes in the granted certificates.

The above are the provisions on the authority to issue certificates of the law in Vietnam.

Best regards!