What are details of Decree 123/2024/ND-CP on the Regulation of land-related administrative sanctions in Vietnam?
What are details of Decree 123/2024/ND-CP on the Regulation of land-related administrative sanctions in Vietnam?
On October 4, 2024, the Government of Vietnam promulgated Decree 123/2024/ND-CP outlining regulations on administrative violations in the land sector (including completed administrative violations and ongoing administrative violations), forms of sanctions, levels of sanctions, measures to rectify consequences, authority to compile records, subjects to be sanctioned, and authority to sanction administrative violations in the land sector, including land use violations and violations in land service provision.
Decree 123/2024/ND-CP takes effect in Vietnam from October 4, 2024.
Decree 123/2024/ND-CP applies to the following subjects:
- Organizations, individuals with administrative violations as defined in this Decree occurring within the territory of the Socialist Republic of Vietnam, except where international agreements to which Vietnam is a member stipulate otherwise, including:
+ Domestic individuals, overseas Vietnamese who are Vietnamese citizens, foreign individuals, people of Vietnamese origin residing abroad (hereinafter referred to as individuals)
+ Households, community entities (sanctioned as individuals in violation)
+ Domestic organizations, foreign organizations, foreign-invested economic organizations, religious organizations, and affiliated religious organizations.
- Agencies, individuals with sanctioning authority, and organizations or individuals related to the imposition of administrative sanctions as stipulated in Decree 123/2024/ND-CP
What are details of Decree 123/2024/ND-CP on the Regulation of land-related administrative sanctions in Vietnam? (Image from the Internet)
What are regulations on authority of the Chairmen of the People's Committees at various levels in handling administrative violations in Vietnam?
According to Article 30 of Decree 123/2024/ND-CP, the authority of the Chairmen of the People's Committees at various levels in handling administrative violations in Vietnam is stipulated as follows:
[1] The Chairman of the Commune-level People's Committee has the power to:
- Issue a warning
- Impose fines up to 5,000,000 VND
- Confiscate documents that have been erased, altered, or forged used in land use
- Apply measures to rectify consequences: Force restoration of the original state of the land prior to the violation; force restoration of the original state of administrative boundary markers.
[2] The Chairman of the District-level People's Committee has the power to:
- Issue a warning;
- Impose fines up to 100,000,000 VND;
- Confiscate documents that have been erased, altered, or forged used in land use;
- Temporarily revoke the right to use licenses for consulting services in the land sector or temporarily suspend consulting service operations in the land sector;
- Apply measures to rectify consequences as per Clause 3, Article 4 of Decree 123/2024/ND-CP
[3] The Chairman of the Provincial People's Committee has the power to:
- Issue a warning;
- Impose fines up to 500,000,000 VND;
- Confiscate documents that have been erased, altered, or forged used in land use;
- Temporarily revoke the right to use licenses for consulting services in the land sector or temporarily suspend consulting service operations in the land sector;
- Apply measures to rectify consequences as per Clause 3, Article 4 of Decree 123/2024/ND-CP
What is the statute of limitations for land-related administrative sanctions in Vietnam?
According to Article 3 of Decree 123/2024/ND-CP which provides regulations on the statute of limitations for administrative sanctions in Vietnam:
Article 3. Statute of Limitations for administrative sanctions in Vietnam
1. The statute of limitations for land-related administrative sanctions in Vietnam is 2 years.
2. The time point to calculate the statute of limitations for administrative sanctions is prescribed as follows:
a) For completed administrative violations as stipulated in Clause 3 of this Article, the time point to calculate the statute of limitations is when the violation is terminated;
b) For ongoing administrative violations not specified in Clause 3 of this Article, the time point to calculate the statute of limitations is when the competent authority detects the violation.
3. The point in time at which a violation is deemed to have ended is determined as follows:
a) For acts defined in Articles 17, 18, 19, 20, 21, 22, and 23 of this Decree, the time the violation ends is when involved parties have fulfilled obligations under the contract or transaction documents;
[...]
According to the above-regulated, the statute of limitations for land-related administrative sanctions in Vietnam is 2 years.
