Fines for using land in the non-agricultural land category for other purposes without the permission of a competent authority in Vietnam from October 4, 2024

Fines for using land in the non-agricultural land category for other purposes without the permission of a competent authority in Vietnam from October 4, 2024​ (Image from the Internet)

On October 04, 2024, the Government of Vietnam promulgated Decree 123/2024/ND-CP stipulating the land-related administrative sanctions in Vietnam

Fines for using land in the non-agricultural land category for other purposes without the permission of a competent authority in Vietnam from October 4, 2024​

To be specific, in Article 12 of Decree 123/2024/ND-CP, the fines for using land in the non-agricultural land category for other purposes without the permission of a competent authority in Vietnam are stipulated as follows:

- Acts of converting non-agricultural land assigned by the State without land levy to another non-agricultural land type (not homestead land) with land levy or leased land within the administrative boundaries of the commune have the following forms and levels of sanctions:

+ A fine from 10,000,000 VND to 20,000,000 VND for land area less than 0.1 hectares;

+ A fine from 20,000,000 VND to 50,000,000 VND for land area from 0.1 hectares to less than 0.5 hectares;

+ A fine from 50,000,000 VND to 100,000,000 VND for land area from 0.5 hectares to less than 1 hectare;

+ A fine from 100,000,000 VND to 150,000,000 VND for land area from 1 hectare to less than 2 hectares;

+ A fine from 150,000,000 VND to 200,000,000 VND for land area of 2 hectares or more.

- Acts of converting non-agricultural land (not homestead land) to homestead land within the administrative boundaries of the commune have the following forms and levels of sanctions:

+ A fine from 10,000,000 VND to 20,000,000 VND for land area less than 0.02 hectares;

+ A fine from 20,000,000 VND to 50,000,000 VND for land area from 0.02 hectares to less than 0.05 hectares;

+ A fine from 50,000,000 VND to 100,000,000 VND for land area from 0.05 hectares to less than 0.1 hectares;

+ A fine from 100,000,000 VND to 150,000,000 VND for land area from 0.1 hectares to less than 0.5 hectares;

+ A fine from 150,000,000 VND to 200,000,000 VND for land area of 0.5 hectares or more.

- Acts of converting land for construction of institutional buildings, public-purpose land with business purposes to non-agricultural production and business land within the administrative boundaries of the commune have the following forms and levels of sanctions:

+ A fine from 5,000,000 VND to 10,000,000 VND for land area less than 0.05 hectares;

+ A fine from 10,000,000 VND to 30,000,000 VND for land area from 0.05 hectares to less than 0.1 hectares;

+ A fine from 30,000,000 VND to 50,000,000 VND for land area from 0.1 hectares to less than 0.5 hectares;

+ A fine from 50,000,000 VND to 100,000,000 VND for land area from 0.5 hectares to less than 1 hectare;

+ A fine from 100,000,000 VND to 150,000,000 VND for land area from 1 hectare to less than 2 hectares;

+ A fine from 150,000,000 VND to 200,000,000 VND for land area of 2 hectares or more.

- Acts of converting non-agricultural production and business land that is not commercial land to commercial land within the administrative boundaries of the commune have the following forms and levels of sanctions:

+ A fine from 10,000,000 VND to 20,000,000 VND for land area less than 0.1 hectares;

- A fine from 20,000,000 VND to 50,000,000 VND for land area from 0.1 hectares to less than 0.5 hectares;

- A fine from 50,000,000 VND to 100,000,000 VND for land area from 0.5 hectares to less than 1 hectare;

- A fine from 100,000,000 VND to 150,000,000 VND for land area from 1 hectare to less than 2 hectares;

- A fine from 150,000,000 VND to 200,000,000 VND for land area of 2 hectares or more.

+ Acts of converting land use purposes in areas under the administrative boundaries of a ward, or commune-level town will incur a sanction 2 times the level of sanction applicable for each respective land type.

- Measures for remedying consequences:

+ Restoring the original state of the land before the violation, except in cases stipulated in Clause 3, Article 139 of the Land Law 2024;

+ Forcing the return of illegal gains obtained from the violation.

More details can be found in Decree 123/2024/ND-CP which comes into force in Vietnam from October 04, 2024.

Decree 91/2019/ND-CP on land-related administrative sanctions in Vietnam; Article 1 of Decree 04/2022/ND-CP amending and supplementing some articles of decrees on land-related administrative sanctions in Vietnam; water resources and minerals; meteorology and hydrology; surveying and mapping will cease to be effective in Vietnam from the date Decree 123/2024/ND-CP takes effect.

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