What are remedial measures of land-related administrative violations in Vietnam?
What are remedial measures of land-related administrative violations in Vietnam?
According to Clause 3, Article 4 of Decree 123/2024/ND-CP on forms of sanctions and remedial measures:
Article 4. Forms of Sanctions and Remedial Measures
[...]
3. Remedial Measures
In addition to the remedial measures stipulated at point a and point i, Clause 1, Article 28 of the Law on Handling Administrative Violations, depending on the nature and severity of the infringement, the violator, whether an organization or individual, may be subject to the following remedial measures:
a) Compulsory land registration;
b) Compulsory execution of procedures for the approval of large-scale concentrated livestock projects;
c) Compulsory fulfillment of financial obligations and procedures for the physical handover of the land;
d) Require the transferee, the lessee, the sub-lessee, the capital contributor, or the receiver of assets attached to the land to return the land;
[...]
Thus, remedial measures of land-related administrative violations in Vietnam include:
- Compulsory surrender of illegal gains obtained from administrative violations or surrender of an amount equivalent to the value of the consumed, dispersed, or illegally destroyed infringing objects or means.
- Compulsory restoration to the original state.
- Compulsory land registration.
- Compulsory execution of procedures for the approval of large-scale concentrated livestock projects.
- Compulsory fulfillment of financial obligations and procedures for the physical handover of the land.
- Require the transferee, the lessee, the sub-lessee, the capital contributor, or the receiver of assets attached to the land to return the land.
- Compulsory termination of lease, sublease, mortgage, conversion, capital contribution, purchase, sale of assets attached to the land; purchase, sale of assets attached to the land and lease rights in the land lease contract.
- Compulsory development of a plan for land use for agricultural land by the organization receiving the transfer of agricultural land use rights.
- Compulsory establishment of an economic organization and development of a plan for the use of rice cultivation land by individuals not directly engaged in agricultural production receiving the transfer of land use rights exceeding the limit.
- Compulsory return of assets attached to the land and lease rights in the land lease contract.
- Compulsory re-signing of the land lease contract.
- Compulsory submission of an application for the procedure for obtaining consent from the provincial People's Committee regarding the agreement on the acquisition of land use rights for project implementation.
- Compulsory land utilization.
- Compulsory submission of documents for the procedure to switch to land lease according to land laws.
- Annulment of the results of administrative procedures regarding land.
- Compulsory provision or re-provision of information, documents, and papers.
What are remedial measures of land-related administrative violations in Vietnam? (Image from the Internet)
What are prohibited acts in land in Vietnam?
According to Article 11 of the Land Law 2024, prohibited acts in land in Vietnam include:
- Encroaching on, occupying, or degrading land.
- Violating legal regulations on state management of land.
- Violating land policies concerning ethnic minorities.
- Abusing positions or powers to violate legal regulations on land management.
- Failing to provide or inaccurately providing land information, failing to meet the legal time limits.- Failing to prevent or address violations of land laws.
- Failing to comply with legal requirements when exercising land user rights.
- Using land or conducting transactions on land use rights without registration with the competent authorities.
- Failing to or inadequately fulfilling financial obligations to the state.
- Obstructing or causing difficulties in land use or the exercise of land user rights as prescribed by law.
- Gender discrimination in land management and use.
Who are considered land users in Vietnam?
According to Article 4 of the Land Law 2024 regarding land users:
Article 4. Land Users
Land users are those who are allocated land, leased land, recognized with land use rights by the state; utilizing land stably and eligible for the issuance of a Certificate of land use rights, property ownership attached to the land that has not yet been issued by the state, including:
1. Domestic organizations, including:
a) State agencies, Communist Party of Vietnam agencies, people's armed forces units, Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, public service providers, and other organizations as prescribed by law;
b) Economic organizations as defined by the Investment Law, except as stipulated in Clause 7 of this Article (hereinafter referred to as economic organizations);
[...]
Thus, land users include:
- Domestic organizations
- Religious organizations, affiliate religious organizations
- Domestic individuals, overseas Vietnamese who are Vietnamese citizens (hereafter referred to as individuals)
- Communities
- Foreign organizations with diplomatic functions including foreign diplomatic missions, consular offices, other foreign organizations with diplomatic functions recognized by the Government of Vietnam; representative offices of UN organizations, intergovernmental organizations, intergovernmental organization representative offices
- Vietnamese origin residents overseas
- Economic organizations with foreign-invested capital
