Is there a penalty for converting perennial plants to non-agricultural land in rural areas without permission in Vietnam?

Is there a penalty for converting perennial plants to non-agricultural land in rural areas without permission in Vietnam?

Pursuant to Article 11 of Decree 91/2019/ND-CP regulating use of agricultural land other than paddy land, land for protection forests, reserve forests or production forest for other purposes without permission of regulatory authorities as specified in Points b and d Clause 1 Article 57 of Land Law as follows:

1. Conversion of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in forms of ponds, lakes or lagoons shall be sanctioned as follows:

a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if area of land illegally repurposed is less than 0.5 hectare;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if area of land illegally repurposed is from 0.5 hectare to less than 1 hectare;

c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if area of land illegally repurposed is from 1 hectare to less than 3 hectare;

d) A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed if area of land illegally repurposed is 03 hectare or more.

2. Conversion of land for other annual crops, perennial plants, aquaculture, salt production or other agriculture to non-agricultural land in rural areas shall be sanctioned as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if area of land illegally repurposed is less than 0.02 hectare;

b) A fine ranging from VND 5,000,000 to VND 8.000.000 shall be imposed if area of land illegally repurposed is from 0.02 hectare to less than 0.05 hectare;

c) A fine ranging from VND 8,000,000 to VND 15,000,000 shall be imposed if area of land illegally repurposed is from 0.05 hectare to less than 0,1 hectare;

d) A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if area of land illegally repurposed is from 0.1 hectare to less than 0.5 hectare;

dd) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if area of land illegally repurposed is from 0.5 hectare to less than 01 hectare;

e) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed if area of land illegally repurposed is from 01 hectare to less than 03 hectare;

g) A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if area of land illegally repurposed is 03 hectare or more.

3. Conversion of land for other annual crops, perennial plants, aquaculture, salt production or other agriculture to non-agricultural land in urban areas shall be sanctioned for twice as much as the amounts specified in Clause 2 of this Article.

4. Rectification measures:

a) Enforced restoration of land to its original conditions before the violations with respect to cases specified in Clauses 1, 2 and 3 of this Article, except cases specified in Point b of this Clause;

b) Enforced land registration as per the law in case of eligible to be recognized for land use rights according to Article 22 of Decree No. 43/2014/ND-CP;

c) Enforced submission of illegal revenues generated by committing the violations specified in Clauses 1, 2 and 3 of this Article; the illegal revenues shall be determined according to Clause 1 Article 7 of this Decree.

Thus, the act of converting perennial plants to non-agricultural land in rural areas without permission from the competent authority in Vietnam will be fined from 3,000,000 VND to 200,000,000 VND depending on the case. In addition, the above remedial measures are also applied.

In your case, if you want to use land for perennial crops to build a house, you must ask for permission from a competent authority to change the land use purpose in Vietnam. In case of not asking for permission to change the land use purpose as above will be fined from 15,000,000 VND to 30,000,000 VND.

In addition , it is also required to restore the original condition of the land before the violation and to pay back the illegal profits obtained from the violation in Vietnam.

What are penalties for conversion of non-agricultural land other than residential land allocated and collected by the State for land lease or leased for lump-sum payment to residential land in rural areas without permission from a competent authority in Vietnam?

Pursuant to Article 12 of Decree 91/2019/ND-CP regulating use of non-agricultural lands without permission of regulatory authorities as specified in Points dd, e and g Clause 1 Article 57 of Land Law is as follows:

1. Conversion of non-agricultural land other than residential land allocated and collected by the State for land lease or leased for lump-sum payment to residential land in rural areas shall be sanctioned as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if area of land of violation is less than 0.05 hectare;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if area of land of violation is from 0.05 hectare to less than 0.1 hectare;

c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if area of land of violation is from 0.1 hectare to less than 0.5 hectare;

d) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if area of land of violation is from 0.5 hectare to less than 01 hectare;

dd) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed if area of land of violation is from 01 hectare to less than 03 hectare;

e) A fine ranging from VND 80,000,000 to VND 160,000,000 shall be imposed if area of land of violation is 03 hectare or more.

Thus, the violation of conversion of non-agricultural land other than residential land allocated and collected by the State for land lease or leased for lump-sum payment to residential land in rural areas without permission from a competent authority in Vietnam will be subject to a fine from 3,000,000 VND to 160,000,000 VND depending on each case.

Best regards!