Penalties for trade and trade receipt with respect to religious establishments against regulations in Vietnam

Penalties for trade and trade receipt with respect to religious establishments against regulations in Vietnam (Internet image)

Penalties for trade and trade receipt with respect to religious establishments against regulations in Vietnam

This content is mentioned in Decree 91/2019/ND-CP on sanctioning of administrative violations in the field of land.

The act of trade and trade receipt with respect to religious establishments against regulations of Land Law shall be sanctioned as follows:

(1) Transfer and mortgage in form of land use rights shall be sanctioned as follows:

- A fine ranging from VND 3,000,000 to VND 10,000,000 shall be imposed if area of land of violation is less than 0.1 hectare;

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if area of land of violation is from 0.1 hectare to less than 0.5 hectare;

- A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if area of land of violation is from 0.5 hectare to less than 01 hectare;

- A fine ranging from VND 40,000,000 to VND 100,000,000 shall be imposed if area of land of violation is 01 hectare or more.

(2) Lease of land use rights shall be sanctioned as follows:

- A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if area of land of violation is less than 0.1 hectare;

- A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if area of land of violation is from 0.1 hectare to less than 0.5 hectare;

- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if area of land of violation is from 0.5 hectare to less than 01 hectare;

- A fine ranging from VND 50,000,000 to VND 120,000,000 shall be imposed if area of land of violation is 01 hectare or more.

(3) Trading, gifting, leasing, contributing as capital or subletting land use rights shall be sanctioned as follows:

- A fine ranging from VND 10,000,000 to VND 25,000,000 shall be imposed if area of land of violation is less than 0.1 hectare;

- A fine ranging from VND 25,000,000 to VND 50,000,000 shall be imposed if area of land of violation is from 0.1 hectare to less than 0.5 hectare;

- A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed if area of land of violation is from 0.5 hectare to less than 01 hectare;

- A fine ranging from VND 80,000,000 to VND 200,000,000 shall be imposed if area of land of violation is 01 hectare or more.

(4) Renting of land shall be met with 70% of the fine amounts specified in (2). Receiving the trade or gift in form of land use rights shall be met with 70% of the fine amounts specified in (3)

(5) Rectification measures:

- Enforce parties receiving transfer of land use rights or renting land specified in (1) to (4) to return land to transferring parties or leasing parties;

- Enforce parties making the trade, parties leasing the land to submit the illegal revenues generated by transferring land use rights or leasing the land as specified in (2) and (3); the illegal revenues shall be determined according to Clauses 3 and 4 Article 7 of Decree 91/2019/ND-CP;

- Enforced return of collected money generated from the trade or lease (in case of single collection for the whole lease period) for remaining land use period according to civil laws;

- Enforced termination of contracts for mortgage in form of land use rights with respect to cases specified in (1)

Note: The above-mentioned fines apply to organizations. In case of individual violations, the sanction level is equal to half of the penalty level specified above.

Duong Chau Thanh

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