09 Cases of Administrative Violations in Land Matters Determined to Have Been Concluded

Illustration

This Decree clearly specifies the acts of land violations that are determined to have ended for the purpose of calculating the statute of limitations for administrative penalty and the cessation time for each act, including:

1. Acts of converting, transferring, donating, leasing land with one-time payment, inheriting, mortgaging, contributing capital with land-use rights or receiving conversion, transfer, donation, leasing land with one-time payment, inheriting, receiving mortgage, receiving capital contribution with land-use rights for land transactions which are not allowed or do not meet the conditions of land-use rights transaction as prescribed and the involved parties have fulfilled the obligations under the signed contract, transaction documents. In this case, the end time of the act of transaction on land-use rights is the time of fulfilling all obligations of the parties according to the signed contract or documents.

2. Acts of transferring land-use rights in the form of dividing plots, selling land in housing construction projects for sale or for sale combined with leasing without meeting the legal conditions or meeting the conditions but not yet permitted by the provincial People's Committee and the involved parties have fulfilled the obligations under the signed contract or transfer documents. The end time of the act of transferring land-use rights in this case is the time of fulfilling all obligations of the parties according to the signed contract or documents.

3. Acts of overseas Vietnamese eligible for housing ownership in Vietnam receiving the transfer of homestead land-use rights without houses not in a housing development project or transferring non-homestead land-use rights outside industrial zones, industrial clusters, export processing zones, high-tech zones, economic zones; Foreign-invested enterprises receiving the transfer of capital as the value of agricultural production land-use rights, forestry land or leasing non-agricultural production and business land from households, individuals outside industrial zones, industrial clusters, export processing zones, high-tech zones, economic zones, and the involved parties have fulfilled the obligations under the signed transfer documents. The end time of the act of transferring land-use rights in this case is the time of fulfilling all obligations of the parties according to the signed contract or documents.

4. Acts of transferring, receiving the transfer of land-use rights associated with the transfer of part or the entire investment project but the land-use rights are not transferable or do not meet the transfer conditions as prescribed by law and the involved parties have fulfilled the obligations under the signed land-use transaction documents. The end time of the act of transferring and receiving transfer in this case is the time of fulfilling all obligations of the parties according to the signed contract or documents.

5. Acts of selling, purchasing assets attached to the land leased by the State to collect annual land rent without meeting the conditions specified in article 189 of the Land Law but the involved parties have fulfilled the obligations under the signed contract or sale, purchase documents. The end time of the act of selling, purchasing assets in this case is the time of fulfilling all obligations of the parties according to the signed contract or documents.

6. Acts of land destruction; relocating, distorting, or damaging land boundary markers, administrative boundary markers; erasing, altering, distorting the content of documents, and vouchers in land use which ended before the time of detecting the violation. The end time of the acts of violation in this case is the time of completing all activities of the violation.

7. Acts of violating the service operation conditions in the land domain where the service activity has ended and the involved parties have fulfilled the obligations under the signed service contract or documents. The end time of the act of violation in this case is the time of the signed contract liquidation document or signed service execution documents.

8. Acts of providing inaccurate information for the purpose of inspection, examination, and settlement of land disputes. The end time of the act of violation in this case is the time of completing the provision of inaccurate information to the organization or individual carrying out the inspection, examination, and settlement of land disputes as prescribed by law.

9. Acts of real estate project investors not submitting documents for issuance of certificates for buyers, lessees, purchasers of houses, construction projects, recipients of land-use right transfer, or not providing, incompletely providing documents for buyers, lessees, purchasers of houses, construction projects, recipients of land-use right transfer to submit the certification documents as stipulated in clause 7, article 26 of the Housing Law and clause 4, article 13 of the Real Estate Business Law; but after the stipulated time, the investor has corrected the violation. The end time of the act of violation in this case is the time of submitting the documents or providing complete documents for buyers, lessees, purchasers of houses, construction projects, recipients of land-use right transfer to submit for issuance of certificates as prescribed.

Note:

- In cases where the administrative violations mentioned above cannot prove the end time of the violation, the acts are deemed still within the statute of limitations for administrative penalties.

- Administrative violations regarding land as prescribed in this Decree that do not belong to the above cases are determined as ongoing violations.

Nguyen Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE