Proposal for a maximum fine of VND 400 million for acts of use of paddy land for other purposes in Vietnam

Proposal for a maximum fine of VND 400 million for acts of use of paddy land for other purposes in Vietnam (Image from the Internet)

Proposal for a maximum fine of VND 400 million for acts of use of paddy land for other purposes in Vietnam

According to the Draft Decree on Penalties for Administrative Violations in the Field of Land, acts of using paddy land for other purposes without the permission of competent state authorities in Vietnam are proposed to be penalized as follows:

(1) Converting paddy land to other types of agricultural land:

- A fine of VND 3,000,000 to VND 5,000,000 for illegally converting land use purposes for an area of less than 0.5 hectares;

- A fine of VND 5,000,000 to VND 10,000,000 for illegally converting land use purposes for an area from 0.5 hectares to less than 1 hectare;

- A fine of VND 10,000,000 to VND 20,000,000 for illegally converting land use purposes for an area from 1 hectare to less than 3 hectares;

- A fine of VND 20,000,000 to VND 50,000,000 for illegally converting land use purposes for an area of 3 hectares or more.

(2) Converting paddy land to non-agricultural land (excluding homestead land) in rural areas:

- A fine of VND 3,000,000 to VND 5,000,000 for illegally converting land use purposes for an area of less than 0.05 hectares;

- A fine of VND 5,000,000 to VND 20,000,000 for illegally converting land use purposes for an area from 0.05 hectares to less than 1 hectare;

- A fine of VND 20,000,000 to VND 50,000,000 for illegally converting land use purposes for an area from 1 hectare to less than 3 hectares;

- A fine of VND 50,000,000 to VND 100,000,000 for illegally converting land use purposes for an area from 3 hectares to less than 5 hectares;

- A fine of VND 100,000,000 to VND 200,000,000 for illegally converting land use purposes for an area of more than 5 hectares.

(3) Converting paddy land to homestead land in rural areas:

- A fine of VND 20,000,000 to VND 30,000,000 for illegally converting land use purposes for an area of less than 0.01 hectares;

- A fine of VND 30,000,000 to VND 50,000,000 for illegally converting land use purposes for an area from 0.01 hectares to less than 0.03 hectares;

- A fine of VND 50,000,000 to VND 100,000,000 for illegally converting land use purposes for an area from 0.03 hectares to less than 0.05 hectares;

- A fine of VND 100,000,000 to VND 150,000,000 for illegally converting land use purposes for an area from 0.05 hectares to 0.1 hectares;

- A fine of VND 150,000,000 to VND 200,000,000 for illegally converting land use purposes for an area of 0.1 hectares or more.

(4) Converting paddy land to non-agricultural land in urban areas will incur penalties equivalent to twice the corresponding penalties stipulated in sections (2) and (3).

(5) Remedial measures:

- Compulsory surrender of illegal gains obtained from the violation.

- Compulsory restoration of the land to its original state before the violation, except in the following two cases.

+ Case 1: Compulsory land registration if eligible for land use rights certificates, ownership of assets attached to the land as stipulated in point a, clause 3, Article 139 of the Land Law 2024 and cases where temporary land use is allowed until state land recovery as stipulated in point b, clause 3, Article 139 of the Land Law 2024;

+ Case 2: Compulsory procedures to convert land use purposes or combine multiple land uses for violations committed prior to the effective date of the Land Law 2024 if there are sufficient grounds and conditions for permitting the land use conversion or combination of multiple land uses, except for case 1. The procedure for converting land use purposes or combining multiple land uses shall follow the provisions of the Land Law 2024.

Tran Trong Tin

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