After transferring the land use right, the land owner abandoned the land because he/she did not have enough finance to build, change the use purpose or wait for the land to increase in price to sell. So what are penalties for abandoning land in Vietnam?
Article table of contents
Abandon land after buying can be fined up to 20 million VND in Vietnam (Source: Internet)
1. What is abandoned land?
According to Clause 1, Article 32 of Vietnam's Decree 91/2019/ND-CP, abandoned land can be understood as an act of failure to use land for annual crop in 12 consecutive months, land for perennial plants in 18 consecutive months, land for afforestation in 24 consecutive months for reasons other than force majeure events.
2. Land abandonment penalties in Vietnam
- Failure to use land for annual crop in 12 consecutive months, land for perennial plants in 18 consecutive months, land for afforestation in 24 consecutive months for reasons other than force majeure events specified in Article 15 of Decree No. 43/2014/ND-CP shall be sanctioned as follows:
+ A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed if unused area of land is less than 0.5 hectare;
+ A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if unused area of land is from 0.5 hectare to less than 03 hectare;
+ A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if unused area of land is from 03 hectare to less than 10 hectare;
+ A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if unused area of land is 10 hectare or more.
Note: The above force majeure cases include:
+ Direct effects of natural disasters and environmental disasters;
+ Direct effects of fires and epidemics;
+ Direct effects of war;
+ Other force majeure cases decided by the Prime Minister of Vietnam.
- In addition, rectification measures include:
+ Enforced use of land according to its purposes when allocated, leased and recognized for land use rights by the government;
+ Failure to bring the land into use after being sanctioned shall result in land revocation by the government as specified in Point h Clause 1 Article 64 of Land Law.
The above fine level applies to individuals. If organizations commit similar violations, the fine will be doubled.
(According to Article 32 of Decree 91/2019/ND-CP)
Thus, the act of buying land and then abandoning it, if it falls under the prescribed cases, can be administratively sanctioned up to 10 million VND for individuals and 20 million VND for organizations. In addition, land recovered by the state may be applied if the land has been sanctioned but continues to be abandoned.
Quoc Dat
- Key word:
- Land in Vietnam
- abandoned land in Vietnam
