16:06, 10/07/2024
Decree 91/2019/ND-CP on sanctioning administrative violations in the field of land was issued on November 19, 2019, and officially came into effect from January 5, 2020 in Vietnam. This Decree specifically stipulates the acts of violation in the field of land that will be subject to administrative sanctions and the corresponding fines as follows:
Article table of contents
Summary of fines for land-related violations in Vietnam
| No. | Type of Violation | Violation | Fine Level |
|---|---|---|---|
| 1 | Using rice cultivation land for other purposes without permission from competent state agencies as specified in Points a and d Clause 1 Article 57 of the Land Law | Converting rice cultivation land to perennial crop land, forest land (except as provided in Clause 7 Article 14 of Decree 43/2014/ND-CP, amended and supplemented in Clause 11 Article 2 of Decree 01/2017/ND-CP) | Fine from VND 2,000,000 to VND 50,000,000 depending on the area of illegal conversion |
| Converting rice cultivation land to aquaculture land, salt production land | Fine from VND 3,000,000 to VND 70,000,000 depending on the area of illegal conversion | ||
| Converting rice cultivation land to non-agricultural land in rural areas | Fine from VND 3,000,000 to VND 250,000,000 depending on the area of illegal conversion | ||
| Converting rice cultivation land to non-agricultural land in urban areas | Double the fine for converting rice cultivation land to non-agricultural land in rural areas | ||
| 2 | Using special-use forest land, protection forest land, production forest land for other purposes without permission from competent state agencies as specified in Points c and d Clause 1 Article 57 of the Land Law | Converting planted special-use forest land, planted protection forest land, planted production forest land to other uses in the agricultural land group | Fine from VND 3,000,000 to VND 50,000,000 depending on the area of illegal conversion |
| Converting planted special-use forest land, planted protection forest land, planted production forest land to non-agricultural land | Fine from VND 3,000,000 to VND 250,000,000 depending on the area of illegal conversion | ||
| Converting natural special-use forest land, natural protection forest land, natural production forest land to other purposes | Double the fine corresponding to each case mentioned above for illegal conversion | ||
| 3 | Using agricultural land other than rice cultivation land, protection forest land, special-use forest land, production forest land for other purposes not permitted by competent state agencies as specified in Points b and d Clause 1 Article 57 of the Land Law | Converting other annual crop land to saltwater aquaculture land, salt production land, aquaculture land in the form of ponds, lakes, and lagoons | Fine from VND 2,000,000 to VND 50,000,000 depending on the area of illegal conversion |
| Converting other annual crop land, perennial crop land, aquaculture land, salt production land, other agricultural land to non-agricultural land in rural areas | Fine from VND 3,000,000 to VND 200,000,000 depending on the area of illegal conversion | ||
| Converting other annual crop land, perennial crop land, aquaculture land, salt production land, other agricultural land to non-agricultural land in urban areas | Double the fine for rural areas | ||
| 4 | Using non-agricultural land for other purposes without permission from competent state agencies as specified in Points dd, e, and g Clause 1 Article 57 of the Land Law | Converting non-agricultural land not for residential use, allocated by the State with land levy payment or leased land with one-time payment to residential land in rural areas | Fine from VND 3,000,000 to VND 160,000,000 depending on the area of violation |
| Converting non-agricultural land not for residential use allocated by the State without land levy or leased land with annual payment to residential land; converting non-agricultural land not for residential use allocated by the State without land levy to non-agricultural land allocated by the State with land levy or leased land in rural areas | Fine from VND 10,000,000 to VND 300,000,000 depending on the area of violation | ||
| Converting land for constructing career establishments, land for public purposes with business activities, non-agricultural production and business land not being commercial land to commercial land; converting commercial land, land for constructing career establishments to non-agricultural production establishment land in rural areas | Fine from VND 7,000,000 to VND 250,000,000 depending on the area of violation | ||
| Using non-agricultural land for other purposes without permission from competent state agencies in urban areas | Fine double the amount for the corresponding type of land and not exceeding VND 500,000,000 for individuals and VND 1,000,000,000 for organizations | ||
| 5 | Changing the crop structure on rice cultivation land nonconformably; using land for other purposes that require registration without registration as prescribed | Changing the crop structure on rice cultivation land with sufficient conditions according to Clause 1 Article 4 of Decree 35/2015/ND-CP (as amended in Clause 1 Article 1 of Decree 62/2019/ND-CP) but not registering with the Commune People's Committee | Fine from VND 1,000,000 to VND 10,000,000 depending on the area of transferred crop structure |
| Changing the crop structure on rice cultivation land in violation of the conditions specified in Clause 1 Article 4 of Decree 35/2015/ND-CP (as amended in Clause 1 Article 1 of Decree 62/2019/ND-CP) | Fine from VND 2,000,000 to VND 15,000,000 depending on the area of transferred crop structure | ||
| Converting the use purpose of land between types of agricultural land that requires registration without registration according to regulations | Fine from VND 2,000,000 to VND 50,000,000 depending on the area of conversion | ||
| Converting the use purpose of land between types of non-agricultural land that requires registration without registration according to regulations | Fine from VND 5,000,000 to VND 100,000,000 depending on the area of conversion | ||
| 6 | Encroaching or taking over land | Encroaching or taking over unused land in rural areas | Fine from VND 2,000,000 to VND 70,000,000 depending on the area of encroachment |
| Encroaching or taking over agricultural land other than rice cultivation land, special-use forest land, protection forest land, production forest land in rural areas | Fine from VND 3,000,000 to VND 120,000,000 depending on the area of encroachment | ||
| Encroaching or taking over agricultural land that is rice cultivation land, special-use forest land, protection forest land, production forest land in rural areas | Fine from VND 3,000,000 to VND 150,000,000 depending on the area of encroachment | ||
| Encroaching or taking over non-agricultural land, except for cases specified in Clause 6 Article 14 of Decree 91/2020/ND-CP in rural areas | Fine from VND 10,000,000 to VND 500,000,000 depending on the area of encroachment | ||
| Encroaching or taking over unused land, agricultural land, non-agricultural land (except for cases specified in Clause 6 Article 14 of Decree 91/2020/ND-CP) in urban areas | Double the fine for the corresponding type of land and not exceeding VND 500,000,000 for individuals and VND 1,000,000,000 for organizations | ||
| 7 | Destructing land | Causing terrain deformation or soil quality degradation | Fine from VND 2,000,000 to VND 150,000,000 depending on the area of destructed land |
| Causing pollution | The fine is applied according to regulations on administrative penalties in environmental protection | ||
| 8 | Obstructing or damaging the land use of others | Dumping construction materials or other materials on another person's parcel or one's own parcel causing obstruction or damage to another's land use | Warning or fine from VND 1,000,000 to VND 3,000,000 |
| Dumping waste, toxic substances on another person's parcel or one's own parcel causing obstruction or damage to another's land use | Fine from VND 3,000,000 to VND 5,000,000 | ||
| Digging, building walls, or making fences causing obstruction or damage to another's land use | Fine from VND 5,000,000 to VND 10,000,000 | ||
| 9 | Failing to register land | Failing to conduct initial land registration as specified in Point b Clause 3 Article 95 of the Land Law in rural areas within 24 months from the effective date of the Decree 91/2020/ND-CP | - Warning or fine from VND 500,000 to VND 1,000,000 |
| More than 24 months past the effective date of the Decree 91/2020/ND-CP for initial land registration as specified in Point b Clause 3 Article 95 of the Land Law in rural areas | Fine from VND 1,000,000 to VND 2,000,000 | ||
| Failing to register land changes as specified in Points a, b, h, i, k and 1 Clause 4 Article 95 of the Land Law in rural areas within 24 months from the expiration of the time specified in Clause 6 Article 95 of the Land Law | Fine from VND 1,000,000 to VND 3,000,000 | ||
| More than 24 months past the expiration specified in Clause 6 Article 95 of the Land Law without registering land changes as specified in Points a, b, h, i, k and 1 Clause 4 Article 95 of the Land Law in rural areas | Fine from VND 2,000,000 to VND 5,000,000 | ||
| Failing to conduct initial land registration, failing to register land changes in urban areas | Double the fine for the corresponding type of land | ||
| 10 | Transferring, leasing, mortgaging land use rights without meeting the conditions specified in Clause 1 Article 188 of the Land Law | Households and individuals transferring agricultural land use rights to other households and individuals without meeting one of the conditions specified in Clause 1 Article 188 and Article 190 of the Land Law | Fine from VND 500,000 to VND 1,000,000 |
| Households and individuals transferring agricultural land use rights to other households and individuals without meeting two or more of the conditions specified in Clause 1 Article 188 and Article 190 of the Land Law | Fine from VND 1,000,000 to VND 2,000,000 | ||
| Mortgaging land use rights without meeting one of the conditions specified in Clause 1 Article 188 of the Land Law | Fine from VND 500,000 to VND 1,000,000 | ||
| Mortgaging land use rights without meeting two or more of the conditions specified in Clause 1 Article 188 of the Land Law | Fine from VND 1,000,000 to VND 3,000,000 | ||
| Transferring, gifting, leasing, sub-leasing, contributing capital with land use rights without meeting one of the conditions specified in Clause 1 Article 188 of the Land Law | Fine from VND 3,000,000 to VND 5,000,000 for rural areas, VND 5,000,000 to VND 10,000,000 for urban areas | ||
| Transferring, gifting, leasing, sub-leasing, contributing capital with land use rights without meeting two or more of the conditions specified in Clause 1 Article 188 of the Land Law | Fine from VND 5,000,000 to VND 10,000,000 for rural areas, VND 10,000,000 to VND 20,000,000 for urban areas | ||
| 11 | Transferring, leasing, sub-leasing, mortgaging non-transferable, non-leasable land as prescribed by the Land Law | Transferring, mortgaging land allocated by the State or recognized as land use rights by the State with non-levy land allocation (except for agricultural land of households and individuals), leased by the State with annual payment, allocated by the State or recognized as land with levy or leased land with one-time payment but not yet fulfilling financial obligations or the paid amount originated from the state budget | Fine from VND 1,000,000 to VND 50,000,000 depending on the area of violation |
| Leasing, sub-leasing land use rights allocated by the State without land levy or recognized as land without levy (except for agricultural land of households and individuals), or land leased by the State with annual payment or allocated by the State with levy, leased one-time with unpaid financial obligations or paid amount from the state budget, and incorrect gifting of land use rights in rural areas | Fine from VND 2,000,000 to VND 50,000,000 depending on the area of violation | ||
| In the case of transferring, gifting, contributing capital with land use rights for land allocated by the State without land levy, the State recognizes it in the form of land allocation without land levy (except for agricultural land of households, individuals), the State leases land with annual rental payment, the State allocates with land levy or leases with one-time payment but has not completed financial obligations or the paid money originates from the state budget, and in the case of gifting land use rights not to the correct subjects specified in rural areas | Fine from 3,000,000 VND to 100,000,000 VND depending on the violated land area | ||
| Public service units leased land by the State with one-time land rent payment for the entire rental period and the land rent paid does not originate from the state budget but transfer, sublease, gift, mortgage, contribute capital with land use rights without written approval from competent state authorities in rural areas | Fine from 5,000,000 VND to 100,000,000 VND depending on the violated land area | ||
| In the case of transferring, gifting, contributing capital with land use rights, leasing, subleasing land not eligible for transfer, lease, sublease as prescribed by the land law in urban areas | The penalty is twice the amount of the corresponding penalty mentioned above in rural areas | ||
| 12 | Transferring land use rights in the form of dividing lots, selling land in investment projects for housing business | Transferring land use rights in the form of dividing lots, selling land in investment projects for housing business for sale or for sale combined with leasing without meeting one of the conditions stipulated in Clause 1 Article 41 of Decree 43/2014/ND-CP or meeting the conditions stipulated in Clause 1 Article 41 of Decree 43/2014/ND-CP but not approved by the Provincial People's Committee as prescribed at Point a Clause 1 Article 194 of the Land Law | Fine from 20,000,000 VND to 500,000,000 VND depending on the transferred land area |
| Transferring land use rights in the form of dividing lots, selling land in investment projects for housing business for sale or for sale combined with leasing without meeting two or more conditions stipulated in Clause 1 Article 41 of Decree 43/2014/ND-CP | Fine from 50,000,000 VND to 1,000,000,000 VND depending on the transferred land area | ||
| Transferring land use rights in the form of dividing lots, selling land without setting up an investment project for housing for sale or for sale combined with leasing | Penalty according to Decree No. 139/2017/ND-CP | ||
| 13 | Selling, buying assets attached to land leased by the State with annual land rent without meeting the conditions stipulated in Article 189 of the Land Law | Buying assets attached to land leased by the State with annual land rent when the buyer of the assets attached to the leased land has an inappropriate business field for the investment project or financially unable to implement the investment project or violates the land law provisions on previously allocated or leased land to implement the project | Fine from 5,000,000 VND to 10,000,000 VND |
| Selling assets attached to land leased by the State with annual land rent when the assets attached to the leased land were illegally created or have not completed construction according to the detailed planning and approved investment project | Fine from 10,000,000 VND to 20,000,000 VND | ||
| 14 | Transferring, gifting land use rights with conditions of households, individuals without meeting the conditions stipulated in Article 192 of the Land Law | Households, individuals living in the strictly protected zone, ecological restoration zone of special-use forests who do not have the conditions to move out of these zones but transfer, gift homestead land, forest land combined with agricultural, forestry, aquaculture production land to households, individuals living outside the zones | Warning or fine from 1,000,000 VND to 3,000,000 VND |
| Households, individuals allocated homestead land, agricultural production land in the protective forest area by the State who transfer, gift homestead land, agricultural production land to households, individuals not living in the protective forest area | |||
| Households, individuals of ethnic minorities using land allocated by the State under state support policies who transfer, gift land use rights before 10 years from the date of land allocation decision or after 10 years from the date of land allocation decision without obtaining a confirmation from the commune-level People's Committee that they no longer need to use the land due to moving out of the residential area or changing jobs or being incapable of working | |||
| 15 | Receiving transferred, gifted land use rights with conditions without meeting the conditions stipulated in Articles 191 and 192 of the Land Law | Households, individuals receiving transferred, gifted homestead land, agricultural land in the protective forest area, strictly protected zone, ecological restoration zone of special-use forests who do not live in the protective forest, special-use forest area | Fine from 1,000,000 VND to 2,000,000 VND |
| Households, individuals not directly engaged in agricultural production who receive transferred, gifted rice cultivation land use rights | Fine from 2,000,000 VND to 5,000,000 VND | ||
| Households, individuals receiving transferred, gifted land use rights from households, individuals of ethnic minorities using land allocated by the State under state support policies within 10 years from the date of land allocation decision | Fine from 3,000,000 VND to 6,000,000 VND | ||
| Organizations receiving transferred rice cultivation land use rights, protective forest land, special-use forest land from households, individuals, except for cases allowed to change land use purposes under the approved land use plan approved by competent state authorities | Fine from 30,000,000 VND to 50,000,000 VND | ||
| 16 | Transferring and receiving land use rights for religious establishments not in conformity with Land Law | Case of conversion, mortgaging land use rights | Fine from 3,000,000 VND to 100,000,000 VND depending on the violated land area |
| Case of leasing land use rights | Fine from 5,000,000 VND to 120,000,000 VND depending on the violated land area | ||
| Case of transferring, gifting, contributing capital with land use rights | Fine from 10,000,000 VND to 200,000,000 VND depending on the violated land area | ||
| 17 | Receiving transferred, contributing capital, leasing agricultural land use rights to implement investment projects for non-agricultural production and business without meeting the conditions stipulated in Article 193 of the Land Law | Case of receiving transferred, contributing capital, leasing agricultural land use rights to implement investment projects for non-agricultural production and business without written approval from competent state authorities or the land use purpose of the project for the transferred, contributed, leased land area does not comply with the approved land use plan | Fine from 5,000,000 VND to 300,000,000 VND depending on the violated land area |
| Case of receiving transferred, contributing capital, leasing agricultural land use rights to implement investment projects for non-agricultural production and business without meeting both conditions mentioned above | The penalty is 1.5 times the amount mentioned above | ||
| 18 | Receiving transferred agricultural land use rights exceeding the limit stipulated in Article 130 of the Land Law and Article 44 of Decree 43/2014/ND-CP | Acting in violation of receiving transferred agricultural land use rights exceeding the limit as prescribed by the land law | Warning or fine from 1,000,000 VND to 50,000,000 VND depending on the exceeded land area |
| 19 | Receiving transferred or leased land use rights not in conformity with Articles 153 and 169 of the Land Law and Article 39 of Decree 43/2014/ND-CP | Case of overseas Vietnamese entitled to own houses in Vietnam receiving transferred homestead land without houses not within a housing development project or receiving transferred land use rights not for homestead land outside industrial zones, industrial clusters, export processing zones, high-tech zones, economic zones | Fine from 10,000,000 VND to 200,000,000 VND depending on the violated land area |
| Case of foreign-invested enterprises receiving investment capital in the form of agricultural production land use rights, forestry land use rights, or foreign-invested enterprises leasing land for non-agricultural business from households, individuals outside industrial zones, industrial clusters, export processing zones, high-tech zones, economic zones | Fine from 20,000,000 VND to 300,000,000 VND depending on the violated land area | ||
| 20 | Failing to submit documents, failing to provide or providing incomplete documents to carry out procedures for issuing Certificates for buyers, lessees of houses, construction works, or receiving land use rights transfers in real estate business projects | Organizations implementing real estate business projects failing to submit documents to carry out procedures for issuing Certificates for buyers, lessees of houses, construction works, or land use rights transferees, or failing to provide or providing incomplete documents for buyers, lessees of houses, construction works, or land use rights transferees to submit documents for Certificates issuance as prescribed in Clause 7 Article 26 of the Housing Law and Clause 4 Article 13 of the Law on Real Estate Trading | Fine from 10,000,000 VND to 1,000,000,000 VND depending on the violation duration and the number of apartments, construction works, parcels violated |
| 21 | Failing to use the land for annual crops within 12 consecutive months, perennial crops within 18 consecutive months, or forest land within 24 consecutive months | Acts of failing to use the land for annual crops within 12 consecutive months, perennial crops within 18 consecutive months, or forest land within 24 consecutive months without force majeure as stipulated in Article 15 of Decree 43/2014/ND-CP | Fine from 500,000 VND to 10,000,000 VND depending on the unused land area |
| 22 | Failing to complete procedures to lease land as prescribed in Clause 2 Article 60 of the Land Law | Individuals using land allocated by the State without land levy before July 1, 2014 who are now required to lease land according to the Land Law but have not submitted documents to complete procedures to lease land | Fine from 2,000,000 VND to 100,000,000 VND depending on the area to be leased |
| 23 | Violations of land boundary marker or administrative boundary markers management | Acts of moving, altering administrative boundary markers, land use boundary markers not in the case of land encroachment for use as prescribed in Clause 1 Article 3 of Decree 91/2020/ND-CP | Fine from 1,000,000 VND to 5,000,000 VND |
| Acts of damaging administrative boundary markers, land use boundary markers | Fine from 2,000,000 VND to 10,000,000 VND | ||
| 24 | Violations of documents, vouchers in land use | Acts of erasing, altering, falsifying the contents of documents, vouchers in land use not falling under the cases prescribed in Clauses 2 and 3 Article 35 of Decree 91 | Fine from 1,000,000 VND to 3,000,000 VND |
| Acts of dishonest declaration in land use or erasing, altering, falsifying the contents of documents, vouchers in land use leading to incorrect issuance of Certificates or incorrect transfer, lease, inheritance, gift, mortgage, or capital contribution with land use rights not reaching the level of criminal liability | Fine from 4,000,000 VND to 10,000,000 VND | ||
| Acts of using fake documents in administrative procedures and other land-related works not reaching the level of criminal liability | Fine from 10,000,000 VND to 30,000,000 VND |
Nguyen Trinh
- Key word:
- Land-related Violation
- fine
- Vietnam
