Latest regulations on penalties and remedial measures for land-related violations in Vietnam

Latest regulations on penalties and remedial measures for land-related violations in Vietnam (Image from the internet)

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

Latest regulations on penalties and remedial measures for land-related violations in Vietnam

Specifically, according to Article 4 of Decree 123/2024/ND-CP, the penalties and remedial measures for land-related violations in Vietnam are stipulated as follows:

- Forms of administrative sanctions include:

+ Warning;

+ Fines.

- Supplementary forms of penalties include:

+ Confiscation of documents that have been erased, altered, falsified, and fake documents used in land use;

+ Suspension of the right to use permits, consulting practice certificates for a period from 6 months to 9 months or suspension of consulting service operations for a period from 9 months to 12 months.

- of consequences

In addition to the remedial measures stipulated at Point a and Point i, Clause 1, Article 28 of the Law on Handling Administrative Violations, based on the nature and level of violation, organizations and individuals committing administrative violations may be subject to the following :

+ Compulsory land registration;

+ Compulsory procedures for approval of large-scale concentrated livestock projects;

+ Compulsory full performance of financial obligations and procedures for receiving land on-site;

+ Compulsory return of land by the party transferring rights, leasing, subleasing, contributing capital, or acquiring assets attached to the land;

+ Termination of contracts for leasing, subleasing, mortgaging, converting, contributing capital, buying, or selling assets attached to the land; buying, selling assets attached to the land, and the right to lease under the land lease contract;

+ Compulsory establishment of a plan for the use of agricultural land for organizations receiving the transfer of agricultural land use rights;

+ Compulsory establishment of economic organizations and planning for the use of rice cultivation land for individuals not directly engaged in agricultural production receiving the transfer of rice land use rights exceeding the limit;

+ Compulsory return of assets attached to the land and the right to lease under the land lease contract;

+ Compulsory renewal of the land lease contract;

+ Compulsory submission of documents for procedures to seek provincial People’s Committee approval for agreement to receive land use rights for project implementation;

+ Compulsory land use;

+ Compulsory submission of documents for procedures to shift to land lease under the provisions of land law;

+ Cancellation of results of administrative procedures regarding land;

+ Compulsory provision or re-provision of information, documents, and materials.

Subjects of application in land-related administrative sanctions in Vietnam

Organizations and individuals who commit administrative violations as stipulated in Decree 123/2024/ND-CP occurring within the territory of the Socialist Republic of Vietnam, except in cases where international treaties to which Vietnam is a member have different stipulations, include:

- Domestic individuals, overseas Vietnamese citizens, foreign individuals, and people of Vietnamese origin residing overseas (hereinafter referred to as individuals);

- Households, community groups (subject to penalties as for individuals who violate);

- Domestic organizations, foreign organizations, economic organizations with foreign investment, religious organizations, and affiliated religious organizations.

(Clause 1, Article 2 of Decree 123/2024/ND-CP)

More details can be found in Decree 123/2024/ND-CP which comes into force in Vietnam from October 4, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE