No longer confiscation of exhibits, means of administrative violations in land matters in some cases

Recently, the Government of Vietnam has issued Decree No. 91/2019/ND-CP regarding administrative penalties in the field of land with many noteworthy new points. One of these new points is that there will no longer be the confiscation of evidence or means of VPHC for violations related to administrative boundary markers or land use boundary markers.

Administrative boundary markers, administrative violation penalties

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To be specific, currently, according to Clause 3 Article 27 of Decree 102/2014/ND-CP, for violations of regulations on land use boundary management and administrative boundary markers, in addition to a maximum fine of up to 10,000,000 VND, the violator may also be subject to supplementary penalties and remedial measures:

“3. Supplementary penalty:

Confiscation of the violating items and means of administrative violation for the acts prescribed in Clauses 1 and 2 of this Article.

4. Remedial measures:

Restoration to the original state of the land use boundary and administrative boundary markers for the acts prescribed in Clauses 1 and 2 of this Article.”

However, the newly issued Decree 91/2019/ND-CP no longer mentions the supplementary penalty of “confiscating the violating items and means of administrative violation for the acts of violating regulations on land use boundary management and administrative boundary markers” in the penalty forms for this act.

For violations of regulations on land use boundary management and administrative boundary markers, from January 5, 2020, violators are only fined and must remedy the consequences of their actions as prescribed in Clause 3 Article 34 of Decree 91/2019/ND-CP, specifically as follows:

“3. Remedial measures:

Restoration to the original state of the land use boundary and administrative boundary markers for the acts prescribed in Clauses 1 and 2 of this Article”

See more related contents in Decree 91/2019/ND-CP effective from January 5, 2020.

Toan Trung

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