Latest penalties for violations against conditions for land-related services in Vietnam

Latest penalties for violations against conditions for land-related services in Vietnam (Image from Internet)

On October 4, 2024, the Government of Vietnam issued Decree 123/2024/ND-CP prescribing penalties for land-related administrative violations in Vietnam.

Latest penalties for violations against conditions for land-related services in Vietnam

According to Article 29 of Decree 123/2024/ND-CP, the penalties for violations against conditions for land-related services in Vietnam are as follows:

- A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for any of the following violations:

+ Individuals practicing land price appraisal within land price appraisal consultancy organizations without a Valuer Card according to the law on pricing and not meeting the conditions stipulated in Clause 1, Article 36 of Decree 71/2024/ND-CP on land pricing;

+ Individuals practicing independent land price appraisal outside of land price appraisal consultancy organizations.

- A fine ranging from 30,000,000 VND to 50,000,000 VND shall be imposed for any of the following violations:

+ A consulting service organization conducting land investigation and evaluation that fails to meet one of the conditions prescribed in Clause 1, Article 17 of Decree 101/2024/ND-CP on basic land investigation; registration for land use right certificates, land-attached assets, and Land Information System;

+ An organization engaging in land price appraisal without registering the appraisers' list and changes, supplements to appraisers' list with the provincial-level land management agency where the head office is registered as prescribed in point g, Clause 2, Article 162 of the Land Law 2024.

- A fine ranging from 50,000,000 VND to 100,000,000 VND shall be imposed for any of the following violations:

+ An organization conducting land price appraisal that fails one of the conditions stipulated in Clause 3, Article 162 of the Land Law 2024;

+ An organization engaging in land planning and land use planning consultancy that fails one of the conditions stipulated in Clause 1, Article 23 of Decree 102/2024/ND-CP detailed guidance on some articles of the Land Law 2024.

- A training institution or facility for fostering land valuation expertise that fails to meet one of the conditions stipulated in Clause 3, Article 36 of Decree 71/2024/ND-CP on land pricing shall face a fine ranging from 80,000,000 VND to 120,000,000 VND.

- Additional sanctions:

+ Revocation of practicing certificates and licenses for a period ranging from 06 months to 09 months for organizations or individuals from the effective date of the administrative sanctioning decision.

In cases where the practicing certificate or license is valid for less than the above-mentioned period, the period of revocation shall be the remaining validity of the practicing certificate or license; reissuance of certificates or licenses shall only occur after the period of suspension in accordance with Clause 5, Article 29 of Decree 123/2024/ND-CP;

+ Suspension of activities for 03 months for organizations engaging in land price appraisal that fails to register the appraisers' list and changes, supplements to appraisers' list with the provincial-level land management agency where the head office is registered as prescribed in point g, Clause 2, Article 162 of the Land Law 2024 from the effective date of the administrative sanctioning decision;

+ Suspension of activities from 09 months to 12 months for organizations without a valid license from the effective date of the administrative sanctioning decision;

+ Suspension of activities from 09 months to 12 months for training institutions or facilities for fostering land valuation expertise that fail to meet one of the conditions stipulated in Clause 3, Article 36 of Decree 71/2024/ND-CP on land pricing from the effective date of the administrative sanctioning decision.

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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