What are fines for acts of exchanging land use rights of agricultural lands without meeting the requirements as prescribed in Vietnam?

What are fines for acts of exchanging land use rights of agricultural lands without meeting the requirements as prescribed in Vietnam?

Based on Article 17 of Decree 123/2024/ND-CP regulating the exchanging, leasing, subleasing, and mortgaging land use rights without meeting the requirements as prescribed in Vietnam:

Article 17. Exchanging, leasing, subleasing, and mortgaging land use rights without meeting the requirements as prescribed

1. For acts of exchanging agricultural land use rights without meeting the stipulated conditions, the forms and levels of penalty are as follows:

a) A fine from 2,000,000 VND to 3,000,000 VND for exchanging agricultural land use rights without meeting one of the conditions stipulated in Clause 1, Article 45 of the Land Law;

b) A fine from 3,000,000 VND to 5,000,000 VND for exchanging agricultural land use rights without meeting conditions stipulated in Article 47 of the Land Law;

c) A fine from 5,000,000 VND to 10,000,000 VND for exchanging agricultural land use rights without meeting conditions stipulated in both Clause 1, Article 45 and Article 47 of the Land Law.

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According to the above regulations in Vietnam, individuals who transfer agricultural land use rights without meeting conditions may be fined from 2,000,000 VND to 10,000,000 VND.

In addition, land users must implement the following remediation measures:

- Requiring the transferee to return the land to the transferor

- Requiring the submission of illegal profits obtained from the violation

- Requiring land registration in cases where conditions for the issuance of a Land Use Right Certificate, ownership of assets attached to land are met

- Requiring land registration in cases where land cannot be returned due to the transferor being an organization that has dissolved, gone bankrupt, or an individual who has died without heirs or has moved, confirmed by the local People's Committee where the land is located at the time of detecting the violation, with no identifiable address and not falling under cases where the State revokes land due to legal infractions.

- The transferee must undertake remedial measures for violations caused by the transferor before the transfer.

Note: The above penalty applies to individuals. Organizations committing the same violation are subject to a fine twice the penalty for individuals (as stipulated in Clause 2, Article 5 of Decree 123/2024/ND-CP)

What are fines for acts of exchanging land use rights of agricultural lands without meeting the requirements as prescribed in Vietnam? (Image from the Internet)

What are the conditions for land users to exercise right to exchange land use rights in Vietnam?

Based on Clause 1, Article 45 of the Land Law 2024 stipulating that land users can exercise land use rights transfer when meeting the following conditions:

[1] Possession of a Land Use Rights Certificate, or a Certificate of House Ownership and Homestead Land Use Rights, or a Certificate of Land Use Rights, Ownership of Housing, and Other Assets Attached to Land, or a Certificate of Land Use Rights, Ownership of Assets Attached to Land.

Except in cases of inheriting land use rights, agricultural land consolidation, donation of land use rights to the State or communities, and the following cases:

- Foreign-invested economic organizations receiving a real estate project transfer in accordance with real estate business laws.

- Households and individuals using land without a Land Use Rights Certificate, House Ownership and Homestead Land Use Rights, or Ownership of Housing and Other Assets Attached to Land but eligible for a Land Use Rights Certificate may transfer, lease, sublease, or contribute capital by land use rights to projects.

[2] The land is not in dispute or has been resolved by competent state authorities, with final legal judgments or arbitration decisions.

[3] Land use rights are not subject to seizure or other legal measures to secure civil enforcement.

[4] Within the land use term.

[5] Land use rights are not subject to temporary urgent measures as prescribed by law.

What are the conditions for exchanging agricultural land use rights in Vietnam?

Based on Article 47 of the Land Law 2024 stipulating the conditions for exchanging agricultural land use rights:

Article 47. Conditions for exchanging agricultural land use rights

Individuals using agricultural land allocated by the State, or through transfer, inheritance, or legal donation of land use rights from others can only transfer agricultural land use rights within the same provincial administrative unit to another individual and are exempt from income tax from the land use rights transfer and registration fee.

Thus, the condition for exchanging agricultural land use rights is that the rights must only be exchanged within the same provincial administrative unit to another individual and is exempt from income tax on the land use rights transfer and registration fee.