Decree 91/2019/ND-CP on administrative penalties in the field of land management officially took effect on January 5, 2020.
Illustrative photo
For the first time, there is a precise definition of what constitutes land destruction in this Decree. Specifically, land destruction is an act that deforms the terrain or degrades soil quality or causes soil pollution, resulting in the loss or reduction of land usability according to the designated purpose, including:
- Deforming terrain in the following cases: changing the surface slope; lowering the surface due to soil extraction for other uses or making the surface lower compared to adjacent parcels; filling in land with designated water surfaces, irrigation, or drainage channels or raising the surface of agricultural production land compared to adjacent parcels; except in cases of agricultural land reclamation into terraced fields and other land reclamation methods suitable for the allocated, leased land use purposes or project approved by competent authorities.
- Degrading soil quality in the following cases: causing the loss or reduction of the cultivation soil layer's thickness; changing the topsoil of agricultural production land with other materials, waste, or soil mixed with gravel, stones, or other soil types different from the current usage; causing erosion and runoff of agricultural land.
- Causing soil pollution by introducing harmful substances or microorganisms, parasites harmful to plants, animals, and humans.
- Losing land usability according to the designated purpose is the case where, after performing one of the acts specified in points a, b, and c of this clause, the land cannot be used for the purpose allocated, leased, permitted for conversion, or recognized by the State.
- Reducing land usability according to the designated purpose is the case where, after performing one of the acts specified in points a, b, and c of this clause, investment in land rehabilitation is required before the land can be used for the purpose allocated, leased, permitted for conversion, or recognized by the State.
According to this Decree, in cases of deforming the terrain or degrading soil quality, fines will be imposed as follows:
- A fine of 2,000,000 VND to 5,000,000 VND if the destroyed land area is under 0.05 hectares;
- A fine of 5,000,000 VND to 10,000,000 VND if the destroyed land area is from 0.05 hectares to under 0.1 hectares;
- A fine of 10,000,000 VND to 30,000,000 VND if the destroyed land area is from 0.1 hectares to under 0.5 hectares;
- A fine of 30,000,000 VND to 60,000,000 VND if the destroyed land area is from 0.5 hectares to under 01 hectare;
- A fine of 60,000,000 VND to 150,000,000 VND if the destroyed land area is 01 hectare or more.
In cases of causing pollution, the form and level of sanctioning shall be in accordance with the law on handling administrative violations in the field of environmental protection.
Nguyen Trinh
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