What is land destruction? Administrative fines for acts of land destruction in Vietnam

Penalties for acts of land destruction in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is land destruction?

According to Clause 3, Article 3 of Decree 91/2019/ND-CP, the act of land destruction is as follows:

Land destruction refers to the deformation or degradation of land or pollution of land which takes away or reduces land use capacity according to defined land use purpose, in which:

- Land deformation refers to: changes to slope of land surface; lowering of land level due to land being taken to be used for other purpose or lowering of land level relative to adjacent plots; leveling land containing water sources with defined purposes, canals, irrigation channels or leveling to increase level of agricultural land relative to adjacent plots;

Except cases of improvement of agricultural land to turn into terraced paddy fields and other forms of improvement in conformity with use purpose of allocated or leased land, or in conformity with investment projects approved by competent People’s Committees which allocate or lease the land;

- Land degradation refers to: loss or reduction of thickness of the soil layer that is being cultivated; changes to the topsoil of agricultural land caused by materials, wastes or soild mixed with gravel, rocks or soild with components different from the type of soild that is being used; erosion or water erosion of agricultural land;

- Land pollution refers to contamination of soil with toxic substances, microorganism or parasites that harm plants, domestic animals and humans;

- Loss of land use capacity according to defined use purposes refers to inability to use land with its use purposes which are designated when the land is allocated, leased, permitted to repurpose or recognized by the Government after committing any of the violations specified in Points a, b and c of Clause 3, Article 3 of Decree 91/2019/ND-CP;

- Reduction of land use capacity according to defined use purposes refers to cases where soil improvement must be invested in order for the land to be used with its use purposes which are designated when the land is allocated, leased, permitted to repurpose or recognized by the Government after any of the violations specified in Points a, b and c of Clause 3, Article 3 of Decree 91/2019/ND-CP is committed;

2. Administrative fines for acts of land destruction in Vietnam

Pursuant to Article 15 of Decree 91/2019/ND-CP stipulating the level of fines for acts of land destruction in Vietnam as follows:

- Deformation or degradation of soil shall be sanctioned as follows:

+ A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if destroyed 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 destroyed 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 destroyed land area is from 0,1 hectare to less than 0.5 hectare;

+ A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed if destroyed 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 destroyed land area is 01 hectare or more.

- Pollution of the land shall be sanctioned in accordance with regulations and law on environmental protection.

Nguyen Ngoc Que Anh

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