Decree No. 102/2014/ND-CP On Administrative Sanctions for Violations in the Field of Land

DECREE

ON ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF LAND

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of The Law on Handling Administrative Violations dated June 20, 2012;

On the basis of The Land Law dated November 29, 2013;

At the proposal of the Minister of Natural Resources and Environment,

The Government issues this Decree on administrative penalties for violations in the field of land.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of administrative violations, forms of administrative penalties, levels of fines, measures to remedy consequences of administrative violations, authority to impose administrative penalties, and authority to issue administrative violation records in the field of land.

Article 2. Persons subject to penalty

1. The subjects subject to administrative penalties for violations in the field of land under this Decree include the following subjects who commit administrative violations in land use or in land service activities, except for cases provided for in Clause 2 of this Article:

a) Households, community residents; domestic individuals, foreign individuals, overseas Vietnamese (hereinafter referred to collectively as individuals);

b) Domestic organizations, foreign organizations, enterprises with foreign investment (hereinafter referred to collectively as organizations);

c) Religious establishments.

2. Organizations and individuals that are entitled to privileges and immunities granted to diplomatic missions, consular posts of foreign countries, and representative offices of international organizations in Vietnam under the law are not subject to administrative penalties under this Decree.

Article 3. Explanation of Terms

1. Encroachment on land is the act of a land user moving boundary markers or boundaries of a land plot to expand its area.

2. Occupation of land is the act of using land without permission from competent state authorities or using land that has been assigned or leased by the State but whose lease period has expired without extension of use by the State and without returning the land, or using land before completing the land assignment or leasing procedures as prescribed by the law on land.

Article 4. Forms of Administrative Penalties

1. Main forms of punishment include:

a) Warning;

b) Fine.

2. Additional forms of administrative penalties include:

a) Revocation of license rights for six to nine months or suspension of operations for nine to twelve months, starting from the date the administrative violation penalty decision becomes effective as stipulated in Clause 3, Article 25 of the Law on Handling Administrative Violations.

b) Confiscation of objects and means used in committing administrative violations in the field of land (hereinafter referred to collectively as objects and means of administrative violations).

3. The fine range specified in Chapter II of this Decree applies to individuals, except for cases stipulated in Articles 15, 16, 17, 18, 19, Clause 3, Article 21, Article 22, Article 23, Clause 2, Article 25, Article 26, and Article 30 of this Decree, which apply to organizations.

4. For the same administrative violation, the fine level for organizations is twice the fine level for individuals.

5. Households and community residents who commit violations shall be subject to the same treatment as individuals; religious establishments that commit violations shall be subject to the same treatment as organizations.

6. The authority to impose fines stipulated in Articles 31, 32, and 33 of this Decree applies to individuals. The authority to impose fines on organizations is twice the authority to impose fines on individuals.

Article 5. Determining the nature and level of administrative violations

1. The nature and level of administrative violations prescribed in Articles 6, 7, 8, 15, Clause 1 of Article 16, and Article 17 of this Decree shall be determined based on the scale of the area of land violated.

2. The nature and level of administrative violations prescribed in Article 26 of this Decree shall be determined based on the number of affected households.

3. The nature and level of administrative violations prescribed in Articles 9 and 24 of this Decree shall be determined according to the principle of converting the value of land use rights for the area of land violated into money based on the land price table issued by the People's Committee of the province or centrally governed city where the land is located at the time of issuing the administrative violation record, and divided into four levels as follows:

a) Level 1: The value of land use rights for the area of land violated converted into money under VND 60,000,000 for agricultural land, under VND 300,000,000 for non-agricultural land;

b) Level 2: The value of land use rights for the area of land violated converted into money from VND 60,000,000 to under VND 200,000,000 for agricultural land, from VND 300,000,000 to under VND 1,000,000,000 for non-agricultural land;

c) Level 3: The value of land use rights for the area of land violated converted into money from VND 200,000,000 to under VND 1,000,000,000 for agricultural land, from VND 1,000,000,000 to under VND 3,000,000,000 for non-agricultural land;

d) Level 4: The value of land use rights for the area of land violated converted into money from VND 1,000,000,000 or more for agricultural land, from VND 3,000,000,000 or more for non-agricultural land.

4. The area of land violated prescribed in Clause 3 of this Article and the costs for determining the area of land violated shall be regulated as follows:

a) In cases where the entire area of the land plot is violated, it shall be determined based on the area recorded on the land use right certificate in accordance with Clauses 1, 2, and 3 of Article 11 of the Land Law;

b) In cases where only part of the area of the land plot with a land use right certificate is violated or the violated land plot does not have a land use right certificate as prescribed, the enforcement officer shall issue an administrative violation record, clearly stating the actual area of land violated. If the person committing the violation disagrees with the determined area of land violated, the enforcement officer shall report to the competent authority for punishment to request an organization with surveying functions to conduct a survey to determine the area of land violated;

c) The surveying costs for determining the area of land violated in cases where an organization with surveying functions is requested as prescribed in Point b of this Clause shall be temporarily funded from the state budget. The person committing an administrative violation in the field of land shall bear the responsibility for paying the surveying costs to determine the area of land violated.

The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Finance to regulate specifically the management, issuance, temporary funding, and repayment of surveying costs to determine the area of land violated.

5. In cases where the type of land cannot be determined due to the absence of a land use right certificate, the provisions of Article 3 of Government Decree No. 43/2014/NĐ-CP dated May 15, 2014, detailing the implementation of certain articles of the Land Law (hereinafter referred to as Decree No. 43/2014/NĐ-CP), shall be used to determine the type of land and apply the corresponding land price in the land price table issued by the provincial People's Committee to determine and convert the value of land use rights for the area of land violated.

Chapter II
ADMINISTRATIVE VIOLATIONS, FORMS, AND LEVELS OF PENALTIES

Article 6. Changing the purpose of rice cultivation land without permission from the competent state agency

1. Changing the purpose to perennial crop land or forest plantation land shall be subject to the following forms and levels of fines:

a) A fine of VND 2,000,000 to VND 5,000,000 if the illegally changed land area is less than 0.5 hectares;

b) A fine of more than VND 5,000,000 to VND 10,000,000 if the illegally changed land area is from 0.5 hectares to less than 3 hectares;

c) A fine of more than VND 10,000,000 to VND 20,000,000 if the illegally changed land area is 3 hectares or more.

2. Changing the purpose to aquaculture land or salt production land shall be subject to the following forms and levels of fines:

a) A fine of VND 5,000,000 to VND 10,000,000 if the illegally changed land area is less than 0.5 hectares;

b) A fine of more than VND 10,000,000 to VND 20,000,000 if the illegally changed land area is from 0.5 hectares to less than 3 hectares;

c) A fine of more than VND 20,000,000 to VND 30,000,000 if the illegally changed land area is 3 hectares or more.

3. Changing the purpose to non-agricultural land shall be subject to the following forms and levels of fines:

a) A fine of VND 10,000,000 to VND 20,000,000 if the illegally changed land area is less than 0.5 hectares;

b) A fine of more than VND 20,000,000 to VND 30,000,000 if the illegally changed land area is from 0.5 hectares to less than 3 hectares;

c) A fine of more than VND 30,000,000 to VND 50,000,000 if the illegally changed land area is 3 hectares or more.

4. Measures to remedy consequences:

a) Compel restoration of the land's condition prior to the violation for acts stipulated in Clauses 1, 2, and 3 of this Article;

b) Compel surrender of unlawful profits obtained through the implementation of violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 7. Unauthorized change of the purpose of special-use forest land, protective forest land, or productive forest land without permission from the competent state agency

1. Changing the purpose to annual crop land, perennial crop land, aquaculture land, salt production land, or other agricultural land shall be subject to the following forms and levels of fines:

a) A fine of VND 5,000,000 to VND 10,000,000 if the illegally changed land area is less than 5 hectares;

b) A fine of more than VND 10,000,000 to VND 20,000,000 if the illegally changed land area is from 5 hectares to less than 10 hectares;

c) A fine of more than VND 20,000,000 to VND 30,000,000 if the illegally changed land area is 10 hectares or more.

2. Changing the purpose to non-agricultural land shall be subject to the following forms and levels of fines:

a) A fine of VND 10,000,000 to VND 20,000,000 if the illegally changed land area is less than 5 hectares;

b) A fine of more than VND 20,000,000 to VND 30,000,000 if the illegally changed land area is from 5 hectares to less than 10 hectares;

c) A fine of more than VND 30,000,000 to VND 50,000,000 if the illegally changed land area is 10 hectares or more.

3. Measures to remedy consequences:

a) Compel restoration of the land's condition prior to the violation for acts stipulated in Clause 1 and Clause 2 of this Article;

b) Compel surrender of unlawful profits obtained through the implementation of violations stipulated in Clause 1 and Clause 2 of this Article.

Article 8. Changing the purpose of agricultural land that is not rice-growing land, protective forest land, or special-use forest land without permission from competent state authorities

1. The form and level of punishment for changing the purpose of annual crop cultivation land to brackish water aquaculture land, salt production land, or pond, lake, or reservoir aquaculture land shall be as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 if the illegally changed land area is less than 0.5 hectares;

b) A fine of more than VND 1,000,000 to VND 2,000,000 if the illegally changed land area is from 0.5 hectares to less than 3 hectares;

c) A fine of more than VND 2,000,000 to VND 5,000,000 if the illegally changed land area is 3 hectares or more.

2. The form and level of punishment for changing the purpose of agricultural land that is not rice-growing land, protective forest land, or special-use forest land to non-agricultural land shall be as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 if the illegally changed land area is less than 0.5 hectares;

b) A fine of more than VND 2,000,000 to VND 5,000,000 if the illegally changed land area is from 0.5 hectares to less than 3 hectares;

c) A fine of more than VND 5,000,000 to VND 10,000,000 if the illegally changed land area is 3 hectares or more.

3. Measures to remedy consequences:

a) Compel restoration of the land's condition prior to the violation for acts stipulated in Clause 1 and Clause 2 of this Article;

b) Compel surrender of unlawful profits obtained through the implementation of violations stipulated in Clause 1 and Clause 2 of this Article.

Article 9. Changing the purpose of non-agricultural land to another purpose within the group of non-agricultural land without permission from competent state authorities

1. The form and level of punishment for擅自转换非住宅建设用地为住宅建设用地，且未经有权机关批准的行为如下：

a) A fine of VND 2,000,000 to VND 5,000,000 if the value of the land use right for the violated land area falls under Level 1;

b) A fine of more than VND 5,000,000 to VND 10,000,000 if the value of the land use right for the violated land area falls under Level 2;

c) A fine of more than VND 10,000,000 to VND 20,000,000 if the value of the land use right for the violated land area falls under Level 3;

d) A fine of more than VND 20,000,000 to VND 50,000,000 if the value of the land use right for the violated land area falls under Level 4.

2. The form and level of punishment for擅自将非商业性事业建设用地、具有经营目的的公共用途建设用地、非农产业和非农经营建设用地（不包括商业服务业用地）转为商业服务业用地；擅自将商业服务业用地、事业建设用地位于非农生产建设用地而未经有权机关批准的行为如下：

a) A fine of VND 5,000,000 to VND 10,000,000 if the value of the land use right for the violated land area falls under Level 1;

b) A fine of more than VND 10,000,000 to VND 20,000,000 if the value of the land use right for the violated land area falls under Level 2;

c) A fine of more than VND 20,000,000 to VND 50,000,000 if the value of the land use right for the violated land area falls under Level 3;

d) A fine of more than VND 50,000,000 to VND 100,000,000 if the value of the land use right for the violated land area falls under Level 4.

3. Measures to remedy consequences:

a) Compel restoration of the land status prior to the violation for the acts stipulated in Clause 1 and Clause 2 of this Article.

b) Compel surrender of unlawful profits obtained through the implementation of violations stipulated in Clause 1 and Clause 2 of this Article.

Article 10. Encroachment on land

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of encroaching on agricultural land that is not rice-growing land, special-purpose forest land, protective forest land, or production forest land.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of encroaching on rice-growing land, special-purpose forest land, protective forest land, production forest land, non-agricultural land that is not residential land, except in cases provided for in Clause 4 of this Article.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of encroaching on residential land.

4. In cases where the act of encroachment on land occurs within the protection zone of engineering works, the form and level of administrative sanctions shall be carried out according to the provisions of the Decree on administrative sanctions for violations in the field of construction activities; real estate business; exploitation, production, and business of construction materials; management of technical infrastructure works; management of housing development and office buildings; in the field of road traffic and railway traffic; in the field of culture, sports, tourism, and advertising; in the field of exploitation and protection of water conservancy works; dyke and flood control; storm prevention and other specialized fields.

5. Measures to remedy consequences:

a) Compel restoration of the land's condition prior to the violation for acts stipulated in Clauses 1, 2, and 3 of this Article;

b) Compel the return of the encroached land for the acts prescribed in Clauses 1, 2, and 3 of this Article.

Article 11. Obstructing others' land use

1. A warning or a fine of VND 500,000 to VND 1,000,000 in rural areas, and a fine of VND 2,000,000 to VND 5,000,000 in urban areas shall be imposed for the act of depositing waste, toxic substances, construction materials, or other objects on another person's plot of land or on one’s own plot of land, thereby obstructing the use of land by another person.

2. A fine of VND 2,000,000 to VND 10,000,000 in rural areas, and VND 5,000,000 to VND 30,000,000 in urban areas shall be imposed for the act of digging, building walls, or constructing fences that obstruct or cause damage to the use of another person's land.

3. Measures to remedy consequences:

a) Confiscate the objects and means used to commit the violation as prescribed in Clause 1 and Clause 2 of this Article;

b) Compel restoration of the state of the land before the violation for the acts prescribed in Clause 1 and Clause 2 of this Article.

Article 12. Failure to Register Land

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of failing to register land for the first time.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the acts of changing land status as stipulated in Points a, b, h, i, k, and l of Clause 4 of Article 95 of the Land Law but not registering the change as required.

Article 13. Unauthorized Transfer of Land Use Rights When Not Meeting Conditions Specified in Article 188 Land Law

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of transferring, giving away, leasing, subleasing, mortgaging, or contributing land use rights as capital without a Land Use Right Certificate, disputed land, land under attachment for enforcement of judgments, or land whose usage period has expired without renewal by competent authorities.

2. Measures to remedy consequences:

Compel the return of illegal gains obtained from the implementation of the violation as prescribed in Clause 1 of this Article.

Article 14. Unauthorized Conversion of Agricultural Land Use Rights Without Meeting Required Conditions

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of households or individuals converting agricultural land use rights to other households or individuals within the same commune, ward, or town without a Land Use Right Certificate or decision on land allocation, disputed land, land under attachment for enforcement of judgments, or land whose usage period has expired without renewal by competent authorities.

2. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of households or individuals converting agricultural land use rights to other households or individuals outside the same commune, ward, or town.

3. Measures to remedy consequences:

Compel the return of the converted land area due to the violation as prescribed in Clauses 1 and 2 of this Article.

Article 15. Unauthorized transfer of land use rights through lot division and sale of land plots in housing development projects

1. The act of unauthorized transfer of land use rights through lot division and sale of land plots in housing development projects for sale or sale combined with lease without permission from the provincial People's Committee shall be subject to the following forms and levels of punishment:

a) A fine of VND 20,000,000 to VND 50,000,000 for projects with less than 1 hectare of land;

b) A fine of more than VND 50,000,000 to VND 100,000,000 for projects with land area from 1 hectare to less than 3 hectares;

c) A fine of more than VND 100,000,000 to VND 150,000,000 for projects with land area from 3 hectares to less than 5 hectares;

d) A fine of more than VND 150,000,000 to VND 200,000,000 for projects with land area of 5 hectares or more.

2. Measures to remedy consequences:

Compel the return of illegal gains obtained from the implementation of the violation as prescribed in Clause 1 of this Article.

Article 16. Unauthorized transfer of land use rights linked to partial or full transfer of housing development projects without meeting conditions

1. The act of unauthorized transfer of land use rights linked to partial or full transfer of housing development projects without a Land Use Right Certificate, land under dispute, land being seized for enforcement of judgments, land whose usage period has expired without extension by competent state authorities, or incomplete financial obligations related to land shall be subject to the following forms and levels of punishment:

a) A fine of VND 30,000,000 to VND 60,000,000 for projects with less than 1 hectare of land;

b) A fine of more than VND 60,000,000 to VND 150,000,000 for projects with land area from 1 hectare to less than 3 hectares;

c) A fine of more than VND 150,000,000 to VND 200,000,000 for projects with land area from 3 hectares to less than 5 hectares;

d) A fine of more than VND 200,000,000 to VND 300,000,000 for projects with land area of 5 hectares or more.

2. A fine of VND 10,000,000 to VND 20,000,000 for the act of unauthorized acceptance of transfer of land use rights linked to partial or full transfer of housing development projects when the transferee does not have a suitable business line, fails to deposit a performance bond as required by investment laws, lacks sufficient financial capacity as stipulated in Clause 2, Article 14 of Decree No. 43/2014/NĐ-CP, and does not violate land laws in cases where the land is currently being used for other investment projects granted by the State.

3. Measures to remedy consequences:

a) Compel the return of illegal profits obtained from implementing the violations prescribed in Clause 1 and Clause 2 of this Article;

b) Compel the return of the transferred land area due to the implementation of violations prescribed in Clause 1 and Clause 2 of this Article.

Article 17. Unauthorized transfer of land use rights linked to partial or full transfer of infrastructure construction projects for transfer or lease without meeting conditions

1. The act of unauthorized transfer of land use rights linked to partial or full transfer of infrastructure construction projects for transfer or lease without a Land Use Right Certificate, land under dispute, land being seized for enforcement of judgments, land whose usage period has expired without extension by competent state authorities, or land that has not completed corresponding technical infrastructure works according to the approved project schedule shall be subject to the following forms and levels of punishment:

a) A fine of VND 30,000,000 to VND 60,000,000 for projects with less than 1 hectare of land;

b) A fine of more than VND 60,000,000 to VND 150,000,000 for projects with land area from 1 hectare to less than 3 hectares;

c) A fine of more than VND 150,000,000 to VND 200,000,000 for projects with land area from 3 hectares to less than 5 hectares;

d) A fine of more than VND 200,000,000 to VND 300,000,000 for projects with land area of 5 hectares or more.

2. Measures to remedy consequences:

Compel the return of illegal gains obtained from the implementation of the violation as prescribed in Clause 1 of this Article.

Article 18. Unauthorized sale or purchase of assets attached to land leased by the State for annual rent without meeting the required conditions

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of unauthorized sale of assets attached to land leased by the State for annual rent when such attached assets were created illegally, have not completed construction according to approved detailed planning and investment projects.

2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on the act of unauthorized purchase of assets attached to land leased by the State for annual rent when the buyer's business activities are not consistent with the approved investment project, lacks financial capacity to implement the investment project, or violates laws on land when the land has been previously allocated or leased by the State for an investment project.

3. Measures to remedy consequences:

Compel the return of illegal gains obtained from the implementation of the violation as prescribed in Clause 1 of this Article.

Article 19. Unauthorized leasing of assets attached to land leased by the State for annual rent

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on economic organizations and public service organizations that engage in unauthorized leasing of assets attached to land leased by the State for annual rent.

2. Measures to remedy consequences:

Compel the return of illegal gains obtained from the implementation of the violation as prescribed in Clause 1 of this Article.

Article 20. Unauthorized transfer or gift of land use rights with conditions by households or individuals without meeting the required conditions

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on households or individuals who commit the following violations:

a) Households or individuals residing intermixed within strictly protected zones or ecological restoration zones of special-use forests but lacking the conditions to move out of these zones, who擅自转让或赠与土地使用权

b) Households or individuals allocated residential land or agricultural production land by the State within protective forest areas who擅自转让或赠与土地使用权给不在该保护林区居住的家庭或个人；

c) Minority households or individuals using land allocated by the State under national support policies who擅自转让或赠与土地使用权，在获得土地分配决定之日起10年内，或者在获得土地分配决定之日起10年后但尚未被乡、镇、街道人民委员会确认不再需要使用该土地（因迁出原居住地到其他地方或转行或丧失劳动能力）。

2. Measures to remedy consequences:

a) Order to return all unlawful gains obtained from the violation as stipulated in Clause 1 of this Article;

b) Order to return the transferred or gifted land area as stipulated in Clause 1 of this Article.

Article 21. Unauthorized acceptance of transfer or gift of land use rights with conditions by households or individuals without meeting the required conditions

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on households or individuals not residing within protective forest areas or special-use forests who accept unauthorized transfers or gifts of residential or agricultural land use rights within protective forest areas or strictly protected zones or ecological restoration zones of special-use forests.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on households or individuals not directly engaged in agricultural production who accept unauthorized transfers or gifts of rice field land use rights.

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on organizations that accept unauthorized transfers of rice field land use rights, protective forest land use rights, or special-use forest land use rights from households or individuals, except where the change of land use purpose has been approved according to the land use plan and plan approved by competent state authorities.

4. Measures to remedy consequences:

Order to return the transferred land area as stipulated in Clauses 1, 2, and 3 of this Article.

Article 22. Unauthorized transfer and acceptance of land use rights for religious facilities

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on religious facilities that擅自改变、转让、出租、赠与土地使用权；以土地使用权抵押或出资。

2. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on religious facilities that擅自接受改变、转让、出租、赠与的土地使用权；以土地使用权抵押或出资。

3. Measures to remedy consequences:

a) Order to return the unlawful gains obtained from the violation stipulated in Clause 1 of this Article;

b) Order to return the area of land transferred or accepted due to the violation stipulated in Clause 1 and Clause 2 of this Article.

Article 23. Unauthorized acceptance of transfer, contribution, or lease of agricultural land use rights for non-agricultural investment projects without meeting the required conditions

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of擅自接受转让、出资或租赁农用地使用权用于非农投资建设项目，未取得有权机关的批准文件。

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of擅自接受转让、出资或租赁农用地使用权用于非农投资建设项目，其用途不符合已获有权机关批准的土地规划和计划。

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of擅自接受转让、出资或租赁水稻种植用地使用权用于非农投资建设项目，未缴纳政府规定的管理使用费用。

4. Measures to remedy consequences:

Order to return the area of land transferred due to violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 24. Unauthorized acceptance of land use rights exceeding the limit for household and individual agricultural land use rights

1. The form and level of punishment for the act of擅自接受超出法律规定限额的农业用地使用权如下：

a) A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed for cases where the value of the accepted land use rights exceeds the limit at Level 1;

b) A fine of from over VND 1,000,000 to VND 2,000,000 shall be imposed for cases where the value of the accepted land use rights exceeds the limit at Level 2;

c) A fine of from over VND 2,000,000 to VND 5,000,000 shall be imposed for cases where the value of the accepted land use rights exceeds the limit at Level 3;

d) A fine of from over VND 5,000,000 to VND 10,000,000 shall be imposed for cases where the value of the accepted land use rights exceeds the limit at Level 4.

2. Measures to remedy consequences:

Order to return the area of land accepted in excess of the limit due to the violation stipulated in Clause 1 of this Article.

Article 25. Unauthorized acceptance of land use rights not in accordance with the provisions at Article 169 of the Land Law

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on overseas Vietnamese who are eligible to own houses in Vietnam for arbitrarily accepting the transfer of residential land use rights but have not built houses that are not part of housing development projects.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on foreign-invested enterprises for arbitrarily accepting the transfer of investment capital representing the value of agricultural land use rights and forestry land use rights of enterprises currently using land with state-granted land use rights for which land use fees have been paid or land leased for a lump sum payment covering the entire lease period, where the value of the land use rights has been capitalized into the enterprise's capital.

3. Measures to remedy consequences:

Obligation to return the area of land received through the transfer due to violation of the provisions stipulated in Clause 1 and Clause 2 of this Article.

Article 26. Delay in processing certificates of house ownership and land use rights

In cases where organizations entrusted by the State to construct houses for sale are responsible for processing certificates of house ownership and land use rights for buyers and recipients of land use rights, and they delay such processing from the date of handover of the houses and land, the penalties shall be as follows:

1. Delay in processing from three to six months:

a) A fine of VND 10,000,000 to VND 30,000,000 shall be imposed for delays affecting fewer than thirty households or individuals;

b) A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for delays affecting thirty to less than one hundred households or individuals;

c) A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for delays affecting one hundred or more households or individuals.

2. Delay in processing from six to nine months:

a) A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for delays affecting fewer than thirty households or individuals;

b) A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for delays affecting thirty to less than one hundred households or individuals;

c) A fine of VND 100,000,000 to VND 300,000,000 shall be imposed for delays affecting one hundred or more households or individuals.

3. Delay in processing from nine to twelve months:

a) A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for delays affecting fewer than thirty households or individuals;

b) A fine of VND 100,000,000 to VND 300,000,000 shall be imposed for delays affecting thirty to less than one hundred households or individuals;

c) A fine of VND 300,000,000 to VND 500,000,000 shall be imposed for delays affecting one hundred or more households or individuals.

4. Delay in processing for over twelve months:

a) A fine of VND 100,000,000 to VND 300,000,000 shall be imposed for delays affecting fewer than thirty households or individuals;

b) A fine of VND 300,000,000 to VND 500,000,000 shall be imposed for delays affecting thirty to less than one hundred households or individuals;

c) A fine of VND 500,000,000 to VND 1,000,000,000 shall be imposed for delays affecting one hundred or more households or individuals.

Article 27. Violation of regulations on land boundary management and administrative territorial boundary markers

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for acts of moving or distorting land boundary markers and administrative territorial boundary markers.

2. A fine of VND 2,000,000 to VND 10,000,000 shall be imposed for acts of damaging land boundary markers and administrative territorial boundary markers.

3. Additional penalties:

Confiscation of objects and means used in the commission of administrative violations as provided for in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

Obligation to restore the original condition of land boundaries and administrative territorial boundary markers as provided for in Clause 1 and Clause 2 of this Article.

Article 28. Violation of regulations on documents and certificates in land use

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of erasing, altering, or distorting the content of documents and certificates related to land use without falling under the cases stipulated in Clause 2 and Clause 3 of this Article.

2. A fine of VND 4,000,000 to VND 10,000,000 shall be imposed for the act of erasing, altering, or distorting the content of documents and certificates related to land use leading to the issuance of Land Certificates and the transfer, assignment, leasing, inheritance, gift, mortgage, or contribution of land use rights with distorted information, but not reaching the level of criminal prosecution.

3. A fine of over VND 10,000,000 to VND 30,000,000 shall be imposed for the act of using fake documents in applications for land allocation, land lease, change of land use purpose, land recovery, issuance of Land Certificates, but not reaching the level of criminal prosecution.

4. Measures to remedy consequences:

a) Order to make corrections to the Land Certificate for violations stipulated in Clause 2 of this Article;

b) Order to invalidate the fake documents for violations stipulated in Clause 3 of this Article.

Article 29. Violation of regulations on providing land-related information for inspection, examination, evidence collection to resolve land disputes of People's Courts

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of delaying the provision of information, documents, and materials related to land inspections and examinations after seven days from the date of announcing the inspection decision or according to the written request of the competent authority conducting inspections, examinations, and evidence collection to resolve land disputes of People's Courts.

2. A fine of over VND 1,000,000 to VND 2,000,000 shall be imposed for the act of providing inaccurate or incomplete land-related information by persons responsible for inspections, examinations, and evidence collection to resolve land disputes of People's Courts.

3. A fine of over VND 2,000,000 to VND 3,000,000 shall be imposed for the act of failing to provide information, documents, and materials related to inspections, examinations, and evidence collection to resolve land disputes of People's Courts.

Article 30. Violation of conditions for service activities in the field of land

1. For organizations engaging in acts violating the conditions for consulting on land valuation, the form and level of punishment shall be as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of consulting on land valuation without the function of land valuation consultancy or appraisal or real estate valuation consultancy;

b) A fine of over VND 5,000,000 to VND 10,000,000 shall be imposed for the act of consulting on land valuation without having at least three qualified land valuation consultants as prescribed in Clause 2 of Article 20 of Decree No. 44/2014/ND-CP dated May 15, 2014 of the Government on land prices (hereinafter referred to as Decree No. 44/2014/ND-CP);

c) A fine of over VND 10,000,000 to VND 20,000,000 shall be imposed for the act of consulting on land valuation without the function of land valuation consultancy or appraisal or real estate valuation consultancy and without having at least three qualified land valuation consultants as prescribed in Clause 2 of Article 20 of Decree No. 44/2014/ND-CP.

2. For organizations engaging in acts violating the conditions for consulting on planning and land use plans, the form and level of punishment shall be as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of lacking the function of consulting on planning and land use plans;

b) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of consulting on planning and land use plans without having at least five qualified planners as prescribed in Clause 2 of Article 10 of Decree No. 43/2014/ND-CP;

c) A fine of over VND 10,000,000 to VND 20,000,000 shall be imposed for the act of consulting on planning and land use plans without the function of consulting on planning and land use plans and without having at least five qualified planners as prescribed in Clause 2 of Article 10 of Decree No. 43/2014/ND-CP.

3. For organizations engaging in other consulting services in the field of land such as land investigation and evaluation; land improvement; cadastral surveying, cadastral map and file preparation, construction of land databases, preparation of land certificate files; land auction; compensation, support, and resettlement while violating the conditions for consulting on land services, the form and level of punishment shall be as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of lacking one condition for operation as prescribed by law;

b) A fine of over VND 10,000,000 to VND 20,000,000 shall be imposed for the act of lacking two or more conditions for operation as prescribed by law.

4. Additional penalties:

a) Suspension of business license for six to nine months for organizations with a business license;

b) Suspension of operations for nine to twelve months for organizations without a business license.

Chapter III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 31. Competence of the Heads of People's Committees at all levels in imposing administrative sanctions

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Applying measures to remedy consequences:

Compelling restoration of the state of the land before the violation; compelling return of illegal profits obtained from implementing the violation.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

đ) Applying measures to remedy consequences:

Compelling restoration of the state of the land before the violation; compelling return of illegal profits obtained from implementing the violation; compelling return of encroached land; compelling correction procedures for certificates that have been altered, erased, or distorted; compelling cancellation of false documents related to land use; compelling return of land area received through transfer due to violation.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) To impose a fine up to VND 500,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Applying measures to remedy consequences:

Compelling restoration of the state of the land before the violation; compelling return of illegal profits obtained from implementing the violation; compelling return of encroached land; compelling correction procedures for certificates that have been altered, erased, or distorted; compelling cancellation of false documents related to land use; compelling return of land area received through transfer due to violation.

Article 32. Competence of specialized land inspection agencies

1. The Inspector, and the person assigned to perform specialized inspection tasks while on duty have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Applying measures to remedy consequences:

Compelling restoration of the state of the land before the violation; compelling return of illegal profits obtained from implementing the violation.

2. The Head of the Department of Inspection of the Department, the Leader of the specialized inspection team appointed by the Director General of the Land Management Department, the Director of the Department, and the Head of the Department of Natural Resources and Environment shall decide on inspections and establish inspection teams which have the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

đ) Applying measures to remedy consequences:

Compelling restoration of the state of the land before the violation; compelling return of illegal profits obtained from implementing the violation; compelling return of encroached land; compelling correction procedures for certificates that have been altered, erased, or distorted; compelling cancellation of false documents related to land use; compelling return of land area received through transfer due to violation.

3. The Leader of the specialized inspection team at the Ministry level has the right to:

a) To issue warnings;

b) Impose a fine up to 250,000,000 VND;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

đ) Applying measures to remedy consequences:

Compelling restoration of the state of the land before the violation; compelling return of illegal profits obtained from implementing the violation; compelling return of encroached land; compelling correction procedures for certificates that have been altered, erased, or distorted; compelling cancellation of false documents related to land use; compelling return of land area received through transfer due to violation.

4. The Head of the Department of Natural Resources and Environment, the Director General of the Land Management Department have the right to:

a) To issue warnings;

b) To impose a fine up to VND 500,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Applying measures to remedy consequences:

Compelling restoration of the state of the land before the violation; compelling return of illegal profits obtained from implementing the violation; compelling return of encroached land; compelling correction procedures for certificates that have been altered, erased, or distorted; compelling cancellation of false documents related to land use; compelling return of land area received through transfer due to violation.

Article 33. Competence of other agencies to impose administrative sanctions

In addition to those authorized to impose administrative sanctions as provided in this Decree, other persons authorized to impose administrative sanctions of other agencies according to Clause 3, Article 52 of the Law on Handling Administrative Violations, within their functions and tasks assigned, if they discover administrative violations stipulated in this Decree within their management areas, also have the right to impose sanctions.

Article 34. Record of administrative violations and competence to prepare such records

1. The record of administrative violations in the field of land management shall be prepared in accordance with Article 58 of the Law on Handling Administrative Violations and Decree No. 81/2013/ND-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations.

2. Those authorized to prepare records include:

a) Persons authorized to impose administrative sanctions in the field of land management as prescribed in Articles 31, 32, and 33 of this Decree;

b) Civil servants and officials of agencies prescribed in Articles 31, 32, and 33 of this Decree while performing their duties.

Article 35. Responsibilities of persons authorized to impose administrative sanctions in cases where temporary suspension or cessation of land service activities is required

When handling administrative violations, if the administrative violation falls under the circumstances prescribed in Article 30 of this Decree, the person authorized to impose administrative sanctions shall have the responsibility to notify the agency that issued the permit or registered the profession to cooperate in handling according to the law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 36. Transitional Provisions

1. For administrative violations in the field of land management occurring before the effective date of this Decree but discovered afterwards or being considered and resolved, the applicable Decree of the Government on imposing administrative sanctions in the field of land management shall be applied based on its effective date at the time of the violation. If the provisions on imposing administrative sanctions in this Decree are more favorable to the violator, these provisions shall be applied.

2. For administrative violations that have been decided upon and are effective but not yet executed or not fully executed, the decision on administrative sanctions shall continue to be implemented.

Article 37. Effective Date

1. This Decree takes effect from December 25, 2014.

2. This Decree replaces Decree No. 105/2009/ND-CP dated November 11, 2009 of the Government on imposing administrative sanctions in the field of land management and replaces the provisions on imposing sanctions for acts of encroaching on defense land prescribed in Article 29 of Decree No. 120/2013/ND-CP dated October 9, 2013 of the Government on imposing administrative sanctions in the field of national defense and cryptology.

Article 38. Implementation organization and responsibility for enforcement

1. The Minister of Natural Resources and Environment is responsible for organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, organizations and individuals related thereto shall be responsible for implementing this Decree./.