From January 05, 2020, Plot Division and Sale of Land Not Meeting Conditions Will Be Fined Up to VND 1 Billion

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To be specific: according to this Decree, in cases where the transfer of land use rights in the form of division into lots and sale of land within a residential housing business investment project for sale or for sale combined with leasing does not meet one of the conditions stipulated in Clause 1, Article 41 of Decree 43/2014/ND-CP or meets the conditions stipulated in Clause 1, Article 41 of Decree 43/2014/ND-CP but has not been approved by the Provincial People's Committee, the penalties are as follows:

- A fine ranging from 20,000,000 VND to 50,000,000 VND for transferred land with an area of less than 0.5 hectares;

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

- A fine ranging from 100,000,000 VND to 200,000,000 VND for transferred land with an area from 1 hectare to less than 3 hectares;

- A fine ranging from 200,000,000 VND to 500,000,000 VND for transferred land with an area of 3 hectares or more.

In cases where the transfer of land use rights in the form of division into lots and sale of land within a residential housing business investment project for sale or for sale combined with leasing does not meet two or more conditions stipulated in Clause 1, Article 41 of Decree 43/2014/ND-CP, the penalties are as follows:

- A fine ranging from 50,000,000 VND to 100,000,000 VND for transferred land with an area of less than 0.5 hectares;

- A fine ranging from 100,000,000 VND to 200,000,000 VND for transferred land with an area from 0.5 hectares to less than 1 hectare;

- A fine ranging from 200,000,000 VND to 500,000,000 VND for transferred land with an area from 1 hectare to less than 3 hectares;

- A fine ranging from 500,000,000 VND to 1,000,000,000 VND for transferred land with an area of 3 hectares or more.

Thus, from January 5, 2020, the act of transferring land use rights in the form of division into lots and sale of land when the conditions are not met or without the approval of the Provincial People's Committee, depending on the severity of the violation and the area of the transferred land, can be fined up to 1 billion VND. (Currently, according to the provisions of Decree 102/2014/ND-CP, this act is subject to a fine ranging from 20 million VND to 200 million VND)

Note: In cases where the transfer of land use rights in the form of division into lots and sale of land without establishing a residential housing business investment project for sale or for sale combined with leasing, it shall be penalized in accordance with Decree 139/2017/ND-CP.

Nguyen Trinh

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