Fines for violations of trespass to land and land appropriation in Vietnam from October 4, 2024

Fines for violations of trespass to land and land appropriation in Vietnam from October 4, 2024 (Image from Internet)

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

Fines for violations of trespass to land and land appropriation in Vietnam from October 4, 2024

Article 13 of Decree 123/2024/ND-CP regulates the fines for violations of trespass to land and land appropriation in Vietnam from October 4, 2024, as follows:

(1) Acts of trespass to land and land appropriation under the management of state agencies or organizations, recorded in cadastral documents within the administrative boundaries of a commune or in documents on land allocation for management, shall be penalized as follows:

- A fine from 3,000,000 VND to 5,000,000 VND for areas less than 0.02 hectares;

- A fine from 5,000,000 VND to 10,000,000 VND for areas from 0.02 hectares to less than 0.05 hectares;

- A fine from 10,000,000 VND to 20,000,000 VND for areas from 0.05 hectares to less than 0.1 hectares;

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

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

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

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

(2) Acts of trespass to land and land appropriation of agricultural land (not including rice cultivation land, special-use forest land, protective forest land, and production forest land) not covered by (1), within the administrative boundaries of a commune, shall be penalized as follows:

- A fine from 3,000,000 VND to 5,000,000 VND for areas less than 0.02 hectares;

- A fine from 5,000,000 VND to 10,000,000 VND for areas from 0.02 hectares to less than 0.05 hectares;

- A fine from 10,000,000 VND to 30,000,000 VND for areas from 0.05 hectares to less than 0.1 hectares;

- A fine from 30,000,000 VND to 50,000,000 VND for areas from 0.1 hectares to less than 0.5 hectares;

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

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

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

(3) Acts of trespass to land and land appropriation of agricultural land that is rice cultivation land, special-use forest land, protective forest land, and production forest land not covered by (1), within the administrative boundaries of a commune, shall be penalized as follows:

- A fine from 5,000,000 VND to 10,000,000 VND for areas less than 0.02 hectares;

- A fine from 10,000,000 VND to 20,000,000 VND for areas from 0.02 hectares to less than 0.05 hectares;

- A fine from 20,000,000 VND to 30,000,000 VND for areas from 0.05 hectares to less than 0.1 hectares;

- A fine from 30,000,000 VND to 50,000,000 VND for areas from 0.1 hectares to less than 0.5 hectares;

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

- A fine from 100,000,000 VND to 200,000,000 VND for areas from 1 hectare or more.

(4) Acts of trespass to land and land appropriation of non-agricultural land not covered by (1), within the administrative boundaries of a commune, shall be penalized as follows:

- A fine from 5,000,000 VND to 10,000,000 VND for areas less than 0.02 hectares;

- A fine from 10,000,000 VND to 30,000,000 VND for areas from 0.02 hectares to less than 0.05 hectares;

- A fine from 30,000,000 VND to 50,000,000 VND for areas from 0.05 hectares to less than 0.1 hectares;

- A fine from 50,000,000 VND to 100,000,000 VND for areas from 0.1 hectares to less than 0.5 hectares;

- A fine from 100,000,000 VND to 150,000,000 VND for areas from 0.5 hectares to less than 1 hectare;

- A fine from 150,000,000 VND to 200,000,000 VND for areas from 1 hectare or more.

(5) Acts of using land that the State has decided to allocate or lease but the recipient has not received possession of the land on site shall be penalized as follows:

- A fine from 10,000,000 VND to 30,000,000 VND for areas less than 0.05 hectares;

- A fine from 30,000,000 VND to 50,000,000 VND for areas from 0.05 hectares to less than 0.1 hectares;

- A fine from 50,000,000 VND to 100,000,000 VND for areas from 0.1 hectares to less than 0.5 hectares;

- A fine from 100,000,000 VND to 150,000,000 VND for areas from 0.5 hectares to less than 1 hectare;

- A fine from 150,000,000 VND to 300,000,000 VND for areas from 1 hectare to less than 2 hectares;

- A fine from 300,000,000 VND to 500,000,000 VND for areas of 2 hectares or more.

(6) Acts of trespass to land and land appropriation within the administrative boundaries of wards or commune-level towns shall incur fines twice the fines for the corresponding land type as specified in (1), (2), (3), (4) and the maximum penalty shall not exceed 500,000,000 VND for individuals and 1,000,000,000 VND for organizations.

(7) Acts of trespass to land and land appropriations within the safety buffer zones of constructions, areas; lands designated for constructing buildings, areas with safety buffer zones; lands for headquarters and operations of public agencies and organizations as per law on management and use of public assets shall be penalized in accordance with legal regulations on administrative fines in specialized fields.

In cases where there are no specific fines in specialized laws, fines will follow Decree 123/2024/ND-CP.

Note: The above-mentioned fines apply to individuals only. In cases where organizations commit violations, the fines will be twice the amount applicable to individuals.

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