Increase in Penalty for Land Encroachment and Occupation by 100 Times, Effective from January 05, 2020

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From January 5, 2020, the act of encroachment and appropriation of land will be fined up to 1 billion VND instead of 10 million VND as currently. To be specific, according to this Decree, the fines for acts of encroachment in each case are stipulated as follows:

- In case of encroachment on unused land in rural areas:

- Fine from 2,000,000 VND to 3,000,000 VND if the encroached land area is less than 0.05 hectares;- Fine from 3,000,000 VND to 5,000,000 VND if the encroached land area is from 0.05 hectares to less than 0.1 hectares;- Fine from 5,000,000 VND to 15,000,000 VND if the encroached land area is from 0.1 hectares to less than 0.5 hectares;- Fine from 15,000,000 VND to 30,000,000 VND if the encroached land area is from 0.5 hectares to less than 1 hectare;- Fine from 30,000,000 VND to 70,000,000 VND if the encroached land area is from 1 hectare or more.

- In case of encroachment on agricultural land not being rice cultivation land, special-use forest land, protection forest land, production forest land in rural areas:

- Fine from 3,000,000 VND to 5,000,000 VND if the encroached land area is less than 0.05 hectares;- Fine from 5,000,000 VND to 10,000,000 VND if the encroached land area is from 0.05 hectares to less than 0.1 hectares;- Fine from 10,000,000 VND to 30,000,000 VND if the encroached land area is from 0.1 hectares to less than 0.5 hectares;- Fine from 30,000,000 VND to 50,000,000 VND if the encroached land area is from 0.5 hectares to less than 1 hectare;- Fine from 50,000,000 VND to 120,000,000 VND if the encroached land area is from 1 hectare or more.

- In case of encroachment on agricultural land being rice cultivation land, special-use forest land, protection forest land, production forest land in rural areas:

- Fine from 3,000,000 VND to 5,000,000 VND if the encroached land area is less than 0.02 hectares;- Fine from 5,000,000 VND to 7,000,000 VND if the encroached land area is from 0.02 hectares to less than 0.05 hectares;- Fine from 7,000,000 VND to 15,000,000 VND if the encroached land area is from 0.05 hectares to less than 0.1 hectares;- Fine from 15,000,000 VND to 40,000,000 VND if the encroached land area is from 0.1 hectares to less than 0.5 hectares;- Fine from 40,000,000 VND to 60,000,000 VND if the encroached land area is from 0.5 hectares to less than 1 hectare;- Fine from 60,000,000 VND to 150,000,000 VND if the encroached land area is from 1 hectare or more.

- In case of encroachment on non-agricultural land in rural areas, except in the case of encroachment on land within the safety protection corridors of works and the land of works with safety protection corridors, official office land and the operational premises of agencies and organizations in accordance with the law on management and use of state assets:

- Fine from 10,000,000 VND to 20,000,000 VND if the encroached land area is less than 0.05 hectares;- Fine from 20,000,000 VND to 40,000,000 VND if the encroached land area is from 0.05 hectares to less than 0.1 hectares;- Fine from 40,000,000 VND to 100,000,000 VND if the encroached land area is from 0.1 hectares to less than 0.5 hectares;- Fine from 100,000,000 VND to 200,000,000 VND if the encroached land area is from 0.5 hectares to less than 1 hectare;- Fine from 200,000,000 VND to 500,000,000 VND if the encroached land area is from 1 hectare or more.

In the case of encroachment on unused land, agricultural land, non-agricultural land (except in the case of encroachment on land within the safety protection corridors of works and the land of works with safety protection corridors, official office land and the operational premises of agencies and organizations in accordance with the law on management and use of state assets) in urban areas, the fine is twice the fine for the corresponding land types mentioned above and the maximum fine does not exceed 500,000,000 VND for individuals, and does not exceed 1,000,000,000 VND for organizations.

Note, in the case of encroachment on land within the safety protection corridors of works and the land of works with safety protection corridors, official office land and the operational premises of agencies and organizations in accordance with the law on management and use of state assets, the fine will be imposed according to the provisions of Decree 139/2017/ND-CP.

Nguyen Trinh

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