New Regulations on Administrative Penalties for Failure to Register Land

Illustrative image

To be specific: According to Clause 2 Article 12 of Decree 102/2014/ND-CP, fines ranging from VND 2,000,000 to VND 5,000,000 will be imposed for cases of land changes as stipulated in Points a, b, h, i, k, and l Clause 4 Article 95 of the Land Law 2013 but failing to register the changes as prescribed. According to Clause 6 Article 95 of the Land Law 2013, the time for land users to complete the procedures for registration of changes is not more than 30 days from the date of the change. Thus, under current regulations, if the deadline of 30 days from the date of change passes without the registration of land changes being completed, the user will be fined between VND 2,000,000 and VND 5,000,000.

However, Clause 2 Article 17 of Decree 91/2019/ND-CP has extended the timeframe for land users to complete the procedures for registration of changes after the 30-day deadline before administrative penalties are imposed, dividing this penalty into two stages with corresponding fine levels. Specifically:

2. In cases where the registration of land changes is not completed as stipulated in Points a, b, h, i, k, and l Clause 4 Article 95 of the Land Law in rural areas, the form and level of penalties are as follows:

a) A fine ranging from VND 1,000,000 to VND 3,000,000 if within 24 months from the expired deadline stipulated in Clause 6 Article 95 of the Land Law the change registration is not completed;

b) A fine ranging from VND 2,000,000 to VND 5,000,000 if beyond 24 months from the expired deadline stipulated in Clause 6 Article 95 of the Land Law the change registration is not completed.

Thus, it can be understood that if after the 30-day deadline, the land change registration is not completed, within a period of 24 months from the expired deadline, the land user will be fined from VND 1,000,000 to VND 3,000,000, and this fine will be from VND 2,000,000 to VND 5,000,000 if beyond 24 months from the expired deadline the land change registration is not completed.

Note, for cases of failure to register land changes in urban areas, the penalty will be double the above-mentioned levels.

Detailed content can be found at Decree 91/2019/ND-CP effective from January 5, 2020.

Toan Trung

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE