What is land invasion and appropriation? Penalties for land invasion and appropriation in Vietnam

What is land invasion and appropriation? Penalties for land invasion and appropriation in Vietnam (Source: internet)

1. What is land invasion and appropriation?

- “Land invasion” refers to displacement of markers or boundary of a plot by a land user to expand his/her land area without permission of a land regulatory authority or legal user of that invaded stretch of land.

- “Land appropriation” refers to one of following cases:

+ Deliberately use land without permission of land regulatory authorities; or

+ Deliberately use land legally owned by other organizations or individuals without permission thereof; or

+ Use land allocated or leased by the Government whose use period has expired without being extended by the Government and with decision on expropriation that has been declared and implemented but the land user fails to comply (except for cases in which households or individuals directly conducting agricultural activities use agricultural land);

+ Use land on the spot without completing procedures of land allocation or lease as per the law.

(Clause 1, 2, Article 3 of Decree 91/2019/ND-CP, Clause 1, Article 1 of Decree 04/2022/ND-CP)

2. Penalties for land invasion and appropriation in Vietnam

2.1. Administrative fines for land invasion and appropriation in Vietnam

The administrative fine levels for land invasion are specified in Article 14 of Decree 91/2019/ND-CP as follows:

* Invasion or appropriation of unused land in rural areas shall be sanctioned as follows:

- A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare;

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

- A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;

- A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;

- A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more;

* Invasion or appropriation of agricultural land other than paddy land, land for reserve forests, protection forests or production forests in rural areas shall be sanctioned as follows:

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare;

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

- A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed if invaded or appropriated land area 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 invaded or appropriated land area 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 invaded or appropriated land area is 01 hectare or more;

* Invasion or appropriation of agricultural land that is paddy land, land for reserve forests, protection forests or production forests in rural areas shall be sanctioned as follows:

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is less than 0.02 hectare;

- A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed if invaded or appropriated land area is from 0.02 hectare to less than 0.05 hectare;

- A fine ranging from VND 7,000,000 to VND 15,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

- A fine ranging from VND 15,000,000 to VND 40,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;

- A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;

- A fine ranging from VND 60,000,000 to VND 150,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more;

* Invasion or appropriation of non-agricultural land, except cases specified in Clause 6 of this Article in rural areas shall be sanctioned as follows:

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare;

- A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

- A fine ranging from VND 40,000,000 to VND 100,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;

- A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;

- A fine ranging from VND 200,000,000 to VND 500,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more.

Note:

- Invasion or appropriation of unused land, agricultural land, non-agricultural land in urban areas shall be met with twice the fine amounts imposed on corresponding land types and an individual shall face a fine up to VND 500,000,000 and up to VND 1,000,000,000 for organization.

- Invasion and appropriation of land belonging to construction security perimeter, land for construction surrounded by security perimeter, and land for base offices and business operation offices of agencies and organizations according to regulations and law on management and use of state assets shall be sanctioned in accordance with regulations and law on administrative sanctions regarding construction investment; extraction, process and trade of minerals as construction materials, business operation regarding construction materials; management of technical infrastructural constructions; real estate trade, housing development, house and office management and use; road and railway traffic; culture, sports, tourism, and advertising; extraction and protection of hydropower structures; flood control systems; storm prevention and counter; management and use of state assets and other specialized fields.

2.2. Criminal liability for land invasion and appropriation in Vietnam

Persons who commit acts of encroachment on land may be examined for criminal liability for violations of the regulations on land use specified in Article 228 of the Criminal Code, as follows;

- Any person who appropriates land, transfers land use right or uses land against regulations of law on management and use of land despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

- This offence committed in any of the following circumstances carries a fine of from VND 500,000,000 to VND 2,000,000,000 or a penalty of 02 - 07 years' imprisonment:

+ The offence is committed by an organized group;

+ The offence has been committed more than once;

+ Dangerous recidivism.

- The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

Diem My

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