What are the penalties for creation of obstructions or difficulties for the land use of land users in Vietnam?
What are the penalties for creation of obstructions or difficulties for the land use of land users in Vietnam?
Pursuant to Article 15 of Decree 123/2024/ND-CP regarding the obstruction or causing difficulty in another person's land use:
Article 15. Obstructing or causing difficulty in another person's land use
- A fine ranging from 1,000,000 VND to 3,000,000 VND shall be imposed for acts of placing construction materials or other objects on land parcels under the use rights of others, or on one’s land parcel but causing obstruction or difficulty to another person's land use.
- A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for acts of digging, building walls, or making fences on land under one’s use rights or of others but causing obstruction or difficulty to another person's land use.
- Remedial measures:
Mandated to restore the land to its original condition before the violation.
According to the above provisions, anyone who obstructs or causes difficulty to another person's land use can be fined from 1,000,000 VND to 10,000,000 VND and is required to restore the land to its original condition before the violation.
Acts that obstruct or cause difficulty in another person's land use include the following:
- Placing construction materials or other objects on a land parcel under the use rights of others.
- Placing construction materials or other objects on one's own land parcel but causing obstruction or difficulty to another person's land use.
- Digging, building walls, or making fences on land under one's own use rights or of others but causing obstruction or difficulty in another person's land use.
What are the penalties for creation of obstructions or difficulties for the land use of land users in Vietnam? (Image from the Internet)
What acts are prohibited in the field of land in Vietnam?
Pursuant to Article 11 of Land Law 2024 the prohibited acts in land in Vietnam include:
- Encroaching, occupying land, destroying land.
- Violating the state management regulations of land law.
- Violating land policies for ethnic minorities.
- Abusing positions, powers to contravene regulations on land management.
- Failing to provide information or providing inaccurate land information, not meeting deadlines as prescribed by law.
- Failing to prevent or handle violations of land law.
- Failing to conform to the legal requirements when exercising land use rights.
- Using land or conducting land-related transactions without registering with competent authorities.
- Failing to fulfill or inadequately fulfilling financial obligations to the State.
- Obstructing or causing difficulty regarding land use, executing rights of land users as prescribed by law.
- Discriminatory acts in gender in land management and usage.
What rights and obligations does an individual who is leased out land by the State with annual land rent payments in Vietnam?
According to Clause 2, Article 37 of Land Law 2024, individuals who is leased out land by the State with annual land rent payments have the following rights and obligations:
- Entitled to a Certificate of land use rights and ownership of assets attached to the land when meeting legal conditions.
- Benefit from labor achievements and investment results on legally used land.
- Enjoy the benefits when the State invests in protecting, restoring, and developing agricultural land.
- Receive guidance and assistance from the State in rehabilitating and restoring agricultural land.
- Protected by the State when others infringe upon their legal rights and interests regarding land.
- Have the right to change land use purposes in accordance with this Law and other related laws.
- Compensated, supported, and resettled when the State recovers land as prescribed.
- File complaints, accusations, and lawsuits regarding violations of their legal land use rights and other violations of land law.
- Use land according to its intended purposes, respecting parcel boundaries, complying with prescribed underground depths and overhead heights, protecting public works underground, and observing other related legal provisions.
- Filing land registration; completing necessary procedures when converting, transferring, leasing, subleasing, inheriting, gifting land use rights, mortgaging, contributing capital with land use rights as regulated by law.
- Fulfill financial obligations concerning land as prescribed by law.
- Implement land protection measures; handle, improve and restore polluted or degraded land caused by themselves.
- Comply with environmental protection regulations, not damaging assets or legal interests of related land users.
- Comply with legal provisions regarding the discovery of objects underground.
- Hand over land when the State decides to recover land as prescribed by law.
- Sell their owned assets attached to land, sell such assets, and the lease rights in the land lease contract when conditions are met.
- Bequeath, gift their owned assets attached to land and lease rights in land lease contracts; inheritors or gift recipients of the property and lease rights in land lease contracts will continue to lease land from the State for the already determined purpose.
- Lease their owned assets attached to land, sublease lease rights under the land lease contract.
- Mortgage owned assets attached to land at credit institutions permitted to operate in Vietnam, at other economic organizations, or individuals as stipulated by law.
- Contribute assets attached to land as capital within the land lease term with organizations, individuals, overseas Vietnamese; beneficiaries contributing assets will continue to lease land from the State for the purpose already determined within the remaining term.
