Regulations on the authority of Chairpersons of the People's Committees at various levels in imposing land-related administrative sanctions in Vietnam

Regulations on the authority of Chairpersons of the People's Committees at various levels in imposing land-related administrative sanctions in Vietnam​ (Image from the internet)

Regulations on the authority of Chairpersons of the People's Committees at various levels in imposing land-related administrative sanctions in Vietnam

Pursuant to Article 30 of Decree 123/2024/ND-CP, the authority of Chairpersons of the People's Committees at various levels in imposing land-related administrative sanctions in Vietnam is regulated as follows:

(1) Chairperson of the People's Committee at the commune level is authorized to:

- Impose a warning;

- Impose a fine up to 5,000,000 VND;

- Confiscate documents that have been erased, altered, falsified, or counterfeit documents used in land usage;

- Apply remedial measures:

Restore the original condition of the land before the violation; restore the original condition of administrative unit boundary markers.

(2) Chairperson of the People's Committee at the district level is authorized to:

- Impose a warning;

- Impose a fine up to 100,000,000 VND;

- Confiscate documents that have been erased, altered, falsified, or counterfeit documents used in land usage;

- Temporarily revoke the right to use consulting service activity permits in the land sector or suspend consulting service activities in the land sector for a definite period;

- Apply remedial measures as prescribed in clause 3 Article 4 of Decree 123/2024/ND-CP.

(3) Chairperson of the People's Committee at the provincial level is authorized to:

- Impose a warning;

- Impose a fine up to 500,000,000 VND;

- Confiscate documents that have been erased, altered, falsified, or counterfeit documents used in land usage;

- Temporarily revoke the right to use consulting service activity permits in the land sector or suspend consulting service activities in the land sector for a definite period;

- Apply remedial measures as prescribed in clause 3 Article 4 of Decree 123/2024/ND-CP.

Regulations on the statute of limitations for imposing land-related administrative sanctions in Vietnam

(1) The statute of limitations for imposing land-related administrative sanctions in Vietnam is 2 years.

(2) The point in time to calculate the statute of limitations for imposing administrative sanctions is prescribed as follows:

- For administrative violations specified in clause (3) of this section which have been completed, the point in time to calculate the statute of limitations is the time the violation ceases;

- For administrative violations not specified in clause (3) of this section which are ongoing, the point in time to calculate the statute of limitations is the time the competent authority detects the violation during the performance of official duties.

(3) The point at which a violation ceases is determined as follows:

- For the acts specified in Articles 17, 18, 19, 20, 21, 22, and 23 of Decree 123/2024/ND-CP, it is the time when the involved parties have fulfilled obligations under the contract or transaction document already signed;

- For the acts specified in Articles 14, 24, 26, and 27 of Decree 123/2024/ND-CP, it is the time when activities of the violation have been completed;

- For the acts specified in Article 28 of Decree 123/2024/ND-CP, it is the completion of inaccurate information, documents, and materials provision or upon expiry of deadlines per inspection or examination request without providing such to the organizations, individuals conducting land dispute inspections or resolutions in accordance with legal provisions.

(4) Households and individuals using land before October 15, 1993, without any legal handling documents from competent state agencies prior to the effective date of the Land Law 2024 shall not be subjected to the regulations of Decree 123/2024/ND-CP.

(Article 3 of Decree 123/2024/ND-CP)

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

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