Penalties for acts of not carrying out land registration in Vietnam from October 4, 2024

Penalties for acts of not carrying out land registration in Vietnam from October 4, 2024 (Image from the internet)

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

Penalties for acts of not carrying out land registration in Vietnam from October 4, 2024

* Fines ranging from 1,000,000 VND to 2,000,000 VND for the act of failing to perform initial land registration under the following regulations in Vietnam:

- Land users, owners of assets attached to land who exercise rights to convert, transfer, inherit, gift land use rights, assets attached to land; contribute capital with land use rights, assets attached to land; lease, sublease land use rights in infrastructure business construction projects; transfer projects using land;

- Land users, owners of assets attached to land permitted to change their names;

- Changes in information about land users, owners of assets attached to land on the issued certificates not falling under the above-stated cases;

* Fines ranging from 2,000,000 VND to 3,000,000 VND for failing to register land changes under the following regulations:

- Land users, owners of assets attached to land who exercise rights to convert, transfer, inherit, gift land use rights, assets attached to land; contribute capital with land use rights, assets attached to land; lease, sublease land use rights in infrastructure business construction projects; transfer projects using land;

- Land users, owners of assets attached to land permitted to change their names;

- Change of land use rights, ownership of assets attached to land due to division, separation, merger, change of organizational model, or agreement among family members or spouses, or group of joint land users, co-owners of assets attached to land;

- Change of land use rights, ownership of assets attached to land according to successful mediation results of land dispute recognized by the competent local authority; settlement agreement in a mortgage contract to resolve debts; decisions from competent state agencies on resolving land disputes, complaints, denunciations about land; judgments and decisions of the Court, enforcement decisions of the enforcement agency have been executed; decisions or awards of the Vietnam Commercial Arbitration regarding disputes arising from commercial activities related to land; documents recognizing auction results of land use rights in accordance with the law;

- Establish, change, or terminate rights related to adjoining parcels;

- Changes in restrictions on land users' rights;

- Sale of assets, transfer, or assignment of public land use rights according to the law on the management and use of public property.

* Remedial Measures:

Compulsory execution of land registration as per regulations.

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

Note: Administrative violations in the field of land occurring before October 4, 2024, shall apply the following administrative penalty regulations:

- In cases where a record has been made and a penalty decision has been issued but not yet executed, continue to execute according to the issued decision;

- In cases where an administrative violation record has been made but no penalty decision issued, handle as follows:

In cases where the statute of limitations for issuing a penalty decision has expired according to point c, clause 1, Article 65 of the Law on Handling Administrative Violations, no penalty decision shall be issued. However, a decision must be issued to apply a form of confiscation of documents that have been erased, amended, and falsified; fake documents that have been used and remedial measures if any. The application of additional penalty forms and remedial measures shall be according to the Decree on handling administrative violations in the field of land at the time of making the administrative violation record. If this Decree does not stipulate or stipulates lighter legal liability, the provisions of Decree 123/2024/ND-CP shall apply.

In cases where the time for issuing a penalty decision is still valid, the penalties and remedial measures shall be applied according to the Decree on handling administrative violations in the field of land at the time of making the administrative violation record. If this Decree does not stipulate or stipulates lighter legal liability, the provisions of Decree 123/2024/ND-CP shall apply.

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