Fines for acts of creation of obstructions or difficulties for the land use of land users under the new regulations in Vietnam

Fines for acts of creation of obstructions or difficulties for the land use of land users under the new regulations in Vietnam (Image from the internet)

Fines for acts of creation of obstructions or difficulties for the land use of land users under the new regulations in Vietnam

On October 4, 2024, the Government of Vietnam issued Decree 123/2024/ND-CP stipulating land-related administrative sanctions, effective from October 4, 2024.

In particular, for acts of creation of obstructions or difficulties for the land use of land users, Article 15 of Decree 123/2024/ND-CP provides the following:

(1) A fine from 1,000,000 VND to 3,000,000 VND for acts of placing construction materials or other objects on parcels under the use right of another person or on parcels owned by oneself which obstruct, create difficulties for the use of land by others.

(2) A fine from 5,000,000 VND to 10,000,000 VND for acts of excavation, building walls, or erecting fences on land under one's ownership or another's, which obstruct, create difficulties for the use of land by others.

(3) Measures to remedy consequences:

Required to restore the original condition of the land before the violation.

Forms of penalty and remedial measures for land-related violations in Vietnam under Decree 123/2024/ND-CP

- Forms of administrative sanctions include:

+ Warning;

+ Fine.

- Additional forms of sanction include:

+ Confiscation of documents that have been erased, altered, or falsified, or fake documents used in land use;

+ Revocation of licenses, professional certificates for a period from 06 months to 09 months, or suspension of consulting service activities for a period from 09 months to 12 months.

- Measures to remedy consequences

In addition to the remedial measures stipulated in points a and i, clause 1, Article 28 of the Law on Handling Administrative Violations, depending on the nature and severity of the violation, the organization, individual committing administrative violations may be subject to the following remedial measures:

+ Required to register land;

+ Required to undertake procedures for approval of large-scale livestock projects;

+ Required to fulfill all financial obligations and complete the procedures for land delivery on the ground;

+ Required for the transferee, lessee, sub-lessee, contributor of capital, or acquirer of assets attached to land to return the land;

+ Required to terminate contracts for lease, sublease, mortgage, conversion, capital contribution, purchase, sale of assets attached to land; purchase, sale of assets attached to land, and lease rights in land lease contracts;

+ Required to develop a land use plan for agricultural land with the organization receiving the transfer of agricultural land use rights;

+ Required to establish an economic organization and develop a land use plan for rice cultivation land if the individual not directly involved in agricultural production receives the transfer of rice land use rights exceeding the limit;

+ Required to return assets attached to land and lease rights in land lease contracts;

+ Required to re-enter into land lease contracts;

+ Required to file paperwork to request provincial People's Committee approval regarding agreements for receiving land use rights for project implementation;

+ Required to put the land into use;

+ Required to file paperwork for transition to land lease according to the provisions of land law;

+ Annulment of administrative procedure results related to land;

+ Required to provide, re-provide information, documents, materials.

(Article 4 Decree 123/2024/ND-CP)

More details can be found in Decree 123/2024/ND-CP, which comes into force in Vietnam from October 4, 2024.

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