What are the fines for falsifying contents of Certificate of land use rights in Vietnam?

What are the fines for falsifying contents of Certificate of land use rights in Vietnam?

Pursuant to Article 35 of the Decree 91/2019/NĐ-CP stipulating violations regarding documents and certificates relating land use as follows:

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on erasing, changing or falsifying documents or certificates in land use other than cases specified in Clauses 2 and 3 of this Article.

2. A fine ranging from VND 4,000,000 to VND 10,000,000 shall be imposed on falsely declaring land use or erasing, changing of falsifying contents of documents or certificates in land use resulting in discrepancies in issuance of the Certificate and transfer, trade, lease, inherit, gift, mortgage and contribute to capital in form of land use rights but not liable to criminal prosecutions.

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.

As regulations above, a fine ranging from VND 1,000,000 to VND 10,000,000 shall be imposed for falsifying contents of Certificate of land use rights in Vietnam. Those erased, changed or falsified documents shall be confiscated. In addition, the granted Certificate and adoption of administratives procedures relating land shall be enforced to submit.

What are criminal responsibilities imposed on anyone falsifying contents of Certificate of land use rights in Vietnam?

Pursuant to Article 340 of the Criminal Code in 2015 stipulating falsification and use of certificates or documents of organizations as follows:

1. Any person who falsifies the content of a passport, visa, household registration book, civil registration document, certificate or another document of an agency or organization and uses it to commits a criminal offence or does it while having incurred an administrative penalty for the same offence or having an unspent conviction for the same offence shall receive a warning, be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

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

a) The offence has been committed more than once;

b) The falsified document is used to commit a very serious crime or extremely serious crime.

3. The offender might also be liable to a fine of from VND 5,000,000 to VND 20,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

As regulations above, any person falsifying contents of Certificate of land use rights shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

In addition, the offender might also be liable to a fine of from VND 5,000,000 to VND 20,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

How to handle the land area used by organizations which is not covered in the certificate of land use rights in Vietnam?

Pursuant to Clause 2 Article 102 of the Law on Land in 2013 stipulating as follows:

2. The land area used by organizations which is not covered in the certificate of land use rights and ownership of houses and other land-attached assets is settled as follows:

a/ The State shall recover land which is not used, is used improperly, is borrowed or leased illegally, is encroached or occupied;

b/ Organizations shall hand over the land area which was used as residential land to the district-level People’s Committee for management. In case that residential land is in accordance with the land use master plan approved by a competent state agency, the land users are entitled to be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case a state enterprise engaged in agriculture, forestry, aquaculture or salt production is allocated land and lets households and individuals use part of that land for residential purpose before July 1, 2004, that enterprise shall make a plan for rearrangement of such residential area into a residential quarter and submit it to the provincial-level People’s Committee for approval before handing over the land to the locality for management.

Above are regulations on handling the land area used by organizations which is not covered in the certificate of land use rights in Vietnam.

Best regards!