Sale of Land Without Red Book May Be Fined Up to 10 Million VND

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To be specific, according to Clause 3, Article 18 of Decree 91, in cases of transfers, donations, leases, subleases, or contributions of capital with land use rights that do not meet the conditions specified in Clause 1, Article 188 of the Land Law, the penalties are as follows:

- A fine ranging from VND 3,000,000 to VND 5,000,000 for rural areas, and from VND 5,000,000 to VND 10,000,000 for urban areas in cases where any of the conditions stipulated in Clause 1, Article 188 of the Land Law is not met;

- A fine ranging from VND 5,000,000 to VND 10,000,000 for rural areas, and from VND 10,000,000 to VND 20,000,000 for urban areas in cases where two or more of the conditions stipulated in Clause 1, Article 188 of the Land Law are not met.

The conditions for exercising the rights to convert, transfer, lease, sublease, bequeath, donate, mortgage land use rights; contribute capital with land use rights are stipulated in Clause 1, Article 188 of the 2013 Land Law, including:

- Having a certificate of land use rights, except in cases stipulated in Clause 3, Article 186 and cases of inheritance stipulated in Clause 1, Article 168 of the 2013 Land Law;

- The land is not disputed;

- The land use rights are not under distraint to ensure the execution of judgments;

- The land is within the usage term.

According to the current regulations in Decree 102/2014/ND-CP, the penalty for violations related to transfers, donations, leases, subleases, or contributions of capital with land use rights that do not meet the conditions specified in Clause 1, Article 188 of the Land Law currently ranges from VND 3,000,000 to VND 5,000,000.

Nguyen Trinh

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