Decree No. 105/2009/ND-CP On Administrative Sanctions for Violations in the Field of Land

DECREE

On administrative penalties for violations in the field of land

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Land Law dated November 26, 2003;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002; the Ordinance amending certain articles of the Administrative Violation Handling Ordinance dated March 8, 2007; the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates administrative penalties for violations of administrative regulations in the field of land.

2. Administrative violations in the field of land as defined in this Decree are intentional or negligent acts of land users, organizations, individuals related to land, and organizations engaged in land service activities that violate provisions of the law on land but have not reached the level of criminal liability under the law.

Article 2. Applicability

1. The subjects to which this Decree applies include domestic individuals, foreign individuals, overseas Vietnamese (collectively referred to as individuals); domestic agencies and organizations, foreign organizations (collectively referred to as organizations); household families; religious establishments with acts of administrative violations in the use of land or in the implementation of land service activities.

2. Civil servants who commit violations of the law on land management while performing their duties will be disciplined according to the law on civil servants and the Government's Decree No. 181/2004/NĐ-CP dated October 29, 2004 on implementing the Land Law; in cases where the act has signs indicating the formation of a crime, they will be held criminally responsible according to the law.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Using land for purposes other than those intended is the act of using land not in accordance with the purpose of land use, type of land recorded in the Certificate of Land Use Right, or the Certificate of House Ownership and Land Use Right, or the Certificate of Land Use Right, House Ownership and Other Assets Attached to the Land, or decisions on land allocation, decisions on land lease, decisions on changing the purpose of land use, or other documents regarding land use rights as stipulated in Clauses 1, 2, and 5 of Article 50 of the Land Law.

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

3. Occupying land is the act of using land without permission from competent state authorities or the land user's permission, or using land that was temporarily allocated or borrowed by the State but not returned after the temporary allocation or borrowing period expired.

4. Obstructing another person's land use is the act of placing construction materials, waste, harmful substances, or other objects on another person's plot of land or on one's own plot of land, digging, building walls, constructing fences, and other acts that obstruct or reduce the ability to use land or cause damage to another person's land use.

5. Providing inaccurate land data is the act of providing numerical data and documents about land including: number, size, shape, area, location, land user of the plot, origin, purpose, duration of land use, land price, assets attached to the land, financial obligations related to land already fulfilled and yet to be fulfilled; Certificate of Land Use Right; Certificate of House Ownership and Land Use Right; Certificate of Land Use Right, House Ownership and Other Assets Attached to the Land; rights and limitations on the rights of the land user, changes during the process of land use, and other relevant information that does not comply with the legal provisions on collecting, managing, exploiting, and using land data.

6. Delaying the provision of land data is the act of delaying the provision of information, documents, and materials related to inspection and supervision for more than ten (10) days from the date of announcing the inspection decision or from the date of receiving the request document from the competent authority or state agency as prescribed by law.

Article 4. Statute of Limitations for Administrative Offense Penalties

1. The statute of limitations for administrative offense penalties in the field of land is two (02) years from the date the administrative violation act was committed.

2. For individuals who have been indicted, prosecuted, or had a decision to be brought to trial under criminal proceedings but were later subject to a decision to terminate investigation or terminate the case, if the violation act has signs of administrative violations, the statute of limitations for administrative offense penalties is three (03) months from the date the competent authority for punishment receives the decision to terminate and the case file on the violation.

3. In cases where the statute of limitations for administrative offense penalties has expired and the administrative violation act has not been punished, the competent authority shall not impose administrative offense penalties but shall apply the remedial measures prescribed in Clause 3 of Article 5 of this Decree.

4. Within the time limit prescribed in Clause 1 and Clause 2 of this Article, if the person committing the act again commits a new administrative violation act prescribed in this Decree or intentionally evades or obstructs the penalty process, the statute of limitations for punishment will be recalculated from the date of the new administrative violation act or from the date the evasion or obstruction ends.

Article 5. Forms of Punishment and Remedial Measures

1. The main forms of punishment include:

a) Warning;

b) Fine.

2. Supplementary forms of punishment are confiscation of objects and means used for administrative violations; revocation of valuation license and certificate; prohibition of consulting services related to land planning and land use plans.

3. Remedial measures applied in administrative offenses concerning land are ordering restoration of the land's condition before the violation; ordering correction of land degradation, remediation of toxic substance discharge into land; ordering return of transferred, gifted, or contributed land area; confiscation of benefits obtained from the violation; ordering compliance with administrative procedures as stipulated by laws on land; ordering provision of information, documents, and compliance with inspection and supervision requirements.

Article 6. Principles of Administrative Offense Penalties in the Field of Land

1. All administrative violations must be promptly discovered, stopped, and handled; administrative offense penalties must be carried out quickly, openly, and thoroughly; all consequences caused by administrative violations must be remedied according to this Decree and relevant laws.

2. Administrative offense penalties must be implemented by the competent authorities specified in Articles 25, 26, and 27 of this Decree.

3. A single administrative violation act shall only be subject to one administrative penalty.

When multiple people jointly commit an administrative violation act, each violator shall be penalized.

If a person commits multiple administrative violation acts, they shall be penalized for each individual violation act.

4. Main forms of punishment are applied independently; supplementary forms of punishment and remedial measures can only be applied together with the main form of punishment for those administrative violation acts that have supplementary forms of punishment and remedial measures prescribed in this Decree, except for the cases provided for in Clause 3 of Article 4 of this Decree.

5. The form and degree of punishment are determined based on the nature, extent of the violation, the consequences of the administrative violation act, the background of the person committing the administrative violation act, mitigating circumstances, and aggravating circumstances.

Mitigating and aggravating circumstances are applied according to the provisions of Article 8 and Article 9 of the Ordinance No. 44/2002/PL-UBTVQH10 dated July 2, 2002 of the Standing Committee of the National Assembly on Handling Administrative Violations (hereinafter referred to as Ordinance No. 44/2002/PL-UBTVQH10).

6. The specific fine amount for a single administrative violation act is the average of the fine amount prescribed for that act; if the violation has mitigating circumstances, the fine amount may be reduced to a lower level, but it cannot be reduced below the minimum fine amount; if the administrative violation act has aggravating circumstances, the fine amount may be increased to a higher level, but it cannot exceed the maximum fine amount.

Article 7. Determining the Degree of Consequences of Administrative Violations

1. The degree of consequences of administrative violations shall be determined based on the principle of converting the value of land use rights for the area of land violated into money according to the land price at the time of punishment as prescribed by the People's Committee of the province or centrally governed city where the land is located, and divided into four (04) levels as follows:

a) Level one (1): In cases where the value of land use rights for the area of land violated converted into money is less than thirty million (30,000,000) dong for agricultural land, and less than one hundred fifty million (150,000,000) dong for non-agricultural land;

b) Level two (2): In cases where the value of land use rights for the area of land violated converted into money ranges from thirty million (30,000,000) dong to less than eighty million (80,000,000) dong for agricultural land, and from one hundred fifty million (150,000,000) dong to less than four hundred million (400,000,000) dong for non-agricultural land;

c) Level three (3): In cases where the value of land use rights for the area of land violated converted into money ranges from eighty million (80,000,000) dong to less than two hundred million (200,000,000) dong for agricultural land, and from four hundred million (400,000,000) dong to less than one billion (1,000,000,000) dong for non-agricultural land;

d) Level four (4): In cases where the value of land use rights for the area of land violated converted into money is two hundred million (200,000,000) dong or more for agricultural land, and one billion (1,000,000,000) dong or more for non-agricultural land.

2. For types of land that have not been priced but need to be priced to determine the degree of consequences caused by administrative violations, the pricing shall be carried out in accordance with the provisions of Clause 5, Article 1 of Decree No. 123/2007/NĐ-CP dated July 27, 2007 of the Government amending and supplementing certain articles of Decree No. 188/2004/NĐ-CP dated November 16, 2004 of the Government on the method of determining land prices and the framework of land prices for various types of land.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS AND AMOUNTS, AND MEASURES TO MITIGATE CONSEQUENCES IN THE FIELD

Article 8. Using Land for Purposes Not Permitted

1. In cases of using land for purposes not permitted and not falling under the provisions of Clauses 2, 3, 4, and 5 of this Article, the form and level of punishment shall be as follows:

a) Warning or a fine of from two hundred thousand (200,000) dong to five hundred thousand (500,000) dong if the consequences of the violation belong to level one (1);

b) A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong if the consequences of the violation belong to level two (2).

c) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from ten million (10,000,000) dong to thirty million (30,000,000) dong if the consequences of the violation belong to level four (4).

2. Changing paddy rice cultivation land to non-agricultural land, changing perennial crop planting land, pond, lake, reservoir, aquaculture land using brackish water without permission from the competent People's Committee shall be punished as follows:

a) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation belong to level one (1);

b) A fine of from ten million (10,000,000) dong to fifty million (50,000,000) dong if the consequences of the violation belong to level two (2);

c) A fine of from fifty million (50,000,000) dong to two hundred million (200,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from two hundred million (200,000,000) dong to five hundred million (500,000,000) dong if the consequences of the violation belong to level four (4).

3. Changing special-use forest land or protective forest land to other purposes without permission from the competent People's Committee shall be punished as follows:

a) A fine of from one million (1,000,000) dong to five million (5,000,000) dong if the consequences of the violation belong to level one (1);

b) A fine of from five million (5,000,000) dong to twenty million (20,000,000) dong if the consequences of the violation belong to level two (2);

c) A fine of from twenty million (20,000,000) dong to one hundred million (100,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from one hundred million (100,000,000) dong to four hundred million (400,000,000) dong if the consequences of the violation belong to level four (4).

4. Changing non-agricultural land granted by the State without payment of land use fee to non-agricultural land subject to payment of land use fee or changing non-agricultural land which is not residential land to residential land without permission from the competent People's Committee shall be punished as follows:

a) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation belong to level one (1);

b) A fine of from ten million (10,000,000) dong to thirty million (30,000,000) dong if the consequences of the violation belong to level two (2);

c) A fine of from thirty million (30,000,000) dong to one hundred million (100,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from one hundred million (100,000,000) dong to three hundred million (300,000,000) dong if the consequences of the violation belong to level four (4).

5. Building construction projects or investing in real estate in urban areas, industrial zones, high-tech zones, economic zones contrary to detailed land use planning and detailed land use plans already announced shall be punished as follows:

a) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation belong to level one (1);

b) A fine of from ten million (10,000,000) dong to thirty million (30,000,000) dong if the consequences of the violation belong to level two (2);

c) A fine of from thirty million (30,000,000) dong to one hundred million (100,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from one hundred million (100,000,000) dong to three hundred million (300,000,000) dong if the consequences of the violation belong to level four (4).

6. Compelling restoration of the land to its condition prior to the violation for the acts stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 9. Encroachment on land

1. Encroachment on land that does not fall under the cases stipulated in Clauses 2 and 3 of this Article shall be subject to the following forms and levels of punishment:

a) A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong if the consequences of the act belong to level one (1);

b) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the act belong to level two (2);

c) A fine of from ten million (10,000,000) dong to thirty million (30,000,000) dong if the consequences of the act belong to level three (3);

d) A fine of from thirty million (30,000,000) dong to one hundred million (100,000,000) dong if the consequences of the act belong to level four (4).

2. Encroachment on land within the protective zone of engineering works, land within urban areas, land with historical and cultural relics, scenic spots and historic sites that have been classified or decided to be protected by the People's Committee of the province or centrally governed city shall be subject to the forms and levels of punishment prescribed in the decree on administrative penalties for violations in the relevant specialized fields concerning the protective zones of engineering works, urban areas, historical and cultural relics, and scenic spots and historic sites; where laws on relevant specialized fields have not provided such provisions, the forms and levels of punishment shall be as follows:

a) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation belong to level one (1);

b) A fine of from ten million (10,000,000) dong to fifty million (50,000,000) dong if the consequences of the violation belong to level two (2);

c) A fine of from fifty million (50,000,000) dong to two hundred million (200,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from two hundred million (200,000,000) dong to five hundred million (500,000,000) dong if the consequences of the violation belong to level four (4).

3. Encroachment on defense and security land shall be subject to the forms and levels of punishment as prescribed by laws on administrative penalties for violations in the field of national defense and security.

4. Compel restoration of the state of the land as it was before the violation for acts stipulated in Clause 1 and Clause 2 of this Article.

Article 10. Destruction of Land

1. Causing a reduction in soil quality or deformation of topography resulting in the land losing or reducing its usability according to the determined purpose as prescribed in Clause 1 of Article 6 of Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law shall be subject to the following forms and levels of punishment:

a) A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong if the consequences of the act belong to level one (1);

b) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the act belong to level two (2);

c) A fine of from ten million (10,000,000) dong to thirty million (30,000,000) dong if the consequences of the act belong to level three (3);

d) A fine of from thirty million (30,000,000) dong to one hundred million (100,000,000) dong if the consequences of the act belong to level four (4).

2. Causing pollution leading to the land losing or reducing its usability according to the determined purpose shall be subject to the following forms and levels of punishment:

a) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation belong to level one (1);

b) A fine of from ten million (10,000,000) dong to fifty million (50,000,000) dong if the consequences of the violation belong to level two (2);

c) A fine of from fifty million (50,000,000) dong to two hundred million (200,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from two hundred million (200,000,000) dong to five hundred million (500,000,000) dong if the consequences of the violation belong to level four (4).

3. Confiscate the objects and means used to commit administrative violations, compel remediation of the reduction in soil quality, remediate the discharge of toxic substances causing pollution, restore the state of the land as it was before the violation for acts stipulated in Clause 1 and Clause 2 of this Article.

Article 11. Obstruction of Others' Land Use

1. Households and individuals who commit acts obstructing or causing damage to others' land use shall be subject to the following forms and levels of punishment:

a) Warning or a fine of from two hundred thousand (200,000) dong to one million (1,000,000) dong in rural areas, or a fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong in urban areas for the act of dumping waste, harmful substances, construction materials, or other objects onto another person's plot of land or their own plot of land, thereby obstructing the use of the land by others;

b) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong in rural areas, or a fine of from five million (5,000,000) dong to thirty million (30,000,000) dong in urban areas for the act of digging, building walls, or constructing fences that obstruct or cause damage to the use of others' land.

3. In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, the following measures shall also be applied:

a) Confiscation of the objects and means used to commit administrative violations;

b) Compel restoration of the state of the land as it was before the violation.

Article 12. Conversion, transfer, leasing, subleasing, inheritance, gift of land use rights, or mortgage, guarantee, contribution with land use rights without complying with administrative procedures as prescribed by laws on land.

1. A fine of from two hundred thousand (200,000) dong to two million (2,000,000) dong in rural areas, and a fine of from five hundred thousand (500,000) dong to five million (5,000,000) dong in urban areas for the act of converting, transferring, leasing, subleasing, inheriting, gifting agricultural land use rights, or mortgaging, guaranteeing, contributing with agricultural land use rights without complying with administrative procedures as prescribed by laws on land.

2. A fine of from five hundred thousand (500,000) dong to five million (5,000,000) dong in rural areas, and a fine of from one million (1,000,000) dong to ten million (10,000,000) dong in urban areas for the act of converting, transferring, leasing, subleasing, inheriting, gifting non-agricultural land use rights, or mortgaging, guaranteeing, contributing with non-agricultural land use rights without complying with administrative procedures as prescribed by laws on land.

3. In addition to the forms of punishment prescribed in Clauses 1 and 2 of this Article, there shall be an obligation to comply with administrative procedures as prescribed by laws on land.

Article 13. Unauthorized conversion, transfer, gift, lease, sublease, inheritance, mortgage, guarantee, contribution with land use rights for land that does not meet conditions.

1. A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong in rural areas, and a fine of from two million (2,000,000) dong to ten million (10,000,000) dong in urban areas for the act of unauthorized conversion, transfer, gift, lease, sublease, inheritance, mortgage, guarantee, contribution with agricultural land use rights that do not meet conditions as stipulated in Article 106 of the Land Law.

2. A fine of from two million (2,000,000) dong to ten million (10,000,000) dong in rural areas, and a fine of from five million (5,000,000) dong to twenty million (20,000,000) dong in urban areas for the act of unauthorized conversion, transfer, gift, lease, sublease, inheritance, mortgage, guarantee, contribution with non-agricultural land use rights that do not meet conditions as stipulated in Article 106 of the Land Law.

3. A fine of from two million (2,000,000) dong to ten million (10,000,000) dong in rural areas, and a fine of from five million (5,000,000) dong to thirty million (30,000,000) dong in urban areas for the act of using agricultural land and then converting, transferring, gifting, leasing, subleasing, mortgaging, guaranteeing, contributing with land use rights.

4. A fine of from five million (5,000,000) dong to thirty million (30,000,000) dong in rural areas, and a fine of from ten million (10,000,000) dong to fifty million (50,000,000) dong in urban areas for the act of using non-agricultural land and then converting, transferring, gifting, leasing, subleasing, mortgaging, guaranteeing, contributing with land use rights.

5. In addition to the forms of punishment prescribed in Clauses 1, 2, 3, and 4 of this Article, confiscation of benefits obtained from violations and an obligation to restore the status of the land to its condition before the violation shall also apply.

Article 14. Accepting the right to use land without meeting the conditions for accepting the transfer of the right to use land as prescribed by laws on land

1. Households and individuals who engage in acts of accepting the transfer, receiving gifts, inheriting, or contributing capital through the right to use land but do not meet the conditions shall be fined from one million (1,000,000) dong to five million (5,000,000) dong in rural areas, and from two million (2,000,000) dong to ten million (10,000,000) dong in urban areas.

2. Organizations and religious establishments that engage in acts of accepting the transfer, receiving gifts, inheriting, or contributing capital through the right to use land but do not meet the conditions shall be subject to the following forms and levels of punishment:

a) A fine from five million (5,000,000) dong to twenty million (20,000,000) dong if the consequences of the act fall under level one (1).

b) A fine of from ten million (10,000,000) dong to fifty million (50,000,000) dong if the consequences of the violation belong to level two (2);

c) A fine of from fifty million (50,000,000) dong to two hundred million (200,000,000) dong if the consequences of the violation belong to level three (3);

d) A fine of from two hundred million (200,000,000) dong to five hundred million (500,000,000) dong if the consequences of the violation belong to level four (4).

3. In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, they shall also be required to return the area of land received through the transfer, gift, inheritance, or contribution of capital through the right to use land.

Article 15. Not registering the initial right to use land, not registering changes in the right to use land, registering the wrong type of land, not registering when changing the purpose of land use, not registering for extension of land use when the term of use has expired while still using the land

1. Warning or a fine from two hundred thousand (200,000) dong to one million (1,000,000) dong in rural areas, and a fine from five hundred thousand (500,000) dong to two million (2,000,000) dong in urban areas for households and individuals who fail to register the initial right to use land, fail to register changes in the right to use land, register the wrong type of land, fail to register when changing the purpose of land use, or fail to register for extension of land use when the term of use has expired while still using the land.

2. A fine from two million (2,000,000) dong to ten million (10,000,000) dong for organizations and religious establishments that fail to register the initial right to use land, fail to register changes in the right to use land, register the wrong type of land, fail to register when changing the purpose of land use, or fail to register for extension of land use when the term of use has expired while still using the land.

3. In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, they shall also be required to comply with administrative procedures (registration) as prescribed by laws on land.

Article 16. Obstructing the State in transferring land, leasing land, recovering land, compensating, and clearing land

1. A fine from five hundred thousand (500,000) dong to two million (2,000,000) dong for the act of not being present at the location for handing over land as requested by the competent state agency without a valid reason.

2. A fine from one million (1,000,000) dong to five million (5,000,000) dong for the act of obstructing officials and civil servants of the competent state agency from conducting boundary demarcation, handing over land, leasing land, recovering land, compensating, and clearing land on-site.

Article 17. Failing to return land within the time limit specified in the decision to recover land by the competent state agency

1. A fine from five hundred thousand (500,000) dong to two million (2,000,000) dong for households and individuals who fail to return land within the time limit specified in the decision to recover land by the competent state agency.

2. A fine from one million (1,000,000) dong to ten million (10,000,000) dong for organizations and religious establishments that fail to return land within the time limit specified in the decision to recover land by the competent state agency.

Article 18. Unauthorized movement, alteration, or damage to land use planning boundary markers, safety zone boundary markers of works, administrative boundary markers

1. A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong shall be imposed on the act of unauthorized movement or alteration of land use planning boundary markers, safety zone boundary markers of works, administrative boundary markers.

2. A fine of from one million (1,000,000) dong to five million (5,000,000) dong shall be imposed on the act of damaging land use planning boundary markers, safety zone boundary markers of works, administrative boundary markers.

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, confiscation of objects and means used to commit administrative violations shall also be applied.

Article 19. Altering documents in land use

1. A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong shall be imposed on the act of erasing, altering documents in land use that does not fall under the cases stipulated in Clause 2 of this Article.

2. A fine of from two million (2,000,000) dong to ten million (10,000,000) dong shall be imposed on the act of erasing, altering documents in land use leading to the issuance of Land Use Right Certificate, House Ownership Certificate and Land Use Right Certificate, House Ownership Certificate and other assets attached to the land; the conversion, transfer, lease, inheritance, gift, mortgage, guarantee, contribution with land use rights being altered but not reaching the level of criminal prosecution.

Article 20. Delay in putting land into use as prescribed by laws on land

1. A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong shall be imposed on the act of not using annual crop land beyond twelve (12) consecutive months; not using perennial crop land beyond eighteen (18) consecutive months; not using forest land beyond twenty-four (24) consecutive months without permission from competent state authorities to allocate or lease such land.

2. A fine of from two million (2,000,000) dong to ten million (10,000,000) dong shall be imposed on the act of not using land allocated or leased by the State for investment projects beyond twelve (12) consecutive months or the land use progress being delayed more than twenty-four (24) months compared to the progress recorded in the investment project, starting from the date of actual handover of the land without permission from competent state authorities to allocate or lease such land.

Article 21. Delay or failure to provide information, documents related to inspection and supervision; obstructing inspection and supervision of land

1. For households, individuals who delay or fail to provide information, documents related to inspection and supervision; obstructing inspection and supervision of land, the form and level of punishment shall be as follows:

a) Warning or a fine of from two hundred thousand (200,000) dong to one million (1,000,000) dong shall be imposed on the act of delaying provision of information, documents related to inspection and supervision of land.

b) A fine of from five hundred thousand (500,000) dong to two million (2,000,000) dong shall be imposed on the act of failing to provide information, documents related to inspection and supervision of land;

c) A fine of from one million (1,000,000) dong to five million (5,000,000) dong shall be imposed on the act of obstructing inspection and supervision of land.

2. For organizations, religious establishments that delay or fail to provide information, documents related to inspection and supervision; obstructing inspection and supervision of land, the form and level of punishment shall be as follows:

a) A fine of from one million (1,000,000) dong to five million (5,000,000) dong shall be imposed on the act of delaying provision of information, documents related to inspection and supervision of land;

b) A fine of from two million (2,000,000) dong to ten million (10,000,000) dong shall be imposed on the act of failing to provide information, documents related to inspection and supervision of land.

c) A fine of from five million (5,000,000) dong to twenty million (20,000,000) dong shall be imposed on the act of obstructing inspection and supervision of land.

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, there shall be an obligation to provide information, documents and comply with inspection and supervision requirements.

Article 22. Engaging in land price consulting activities without complying with the principles and methods for determining land prices as prescribed by law or without permission from competent state agencies.

1. A fine of between one million (1,000,000) VND and five million (5,000,000) VND shall be imposed on the act of engaging in land price consulting activities that have been permitted by competent state agencies but do not comply with the principles and methods for determining land prices as prescribed by law.

2. A fine of between two million (2,000,000) VND and ten million (10,000,000) VND shall be imposed on the act of engaging in land price consulting activities without permission from competent state agencies.

3. In addition to the penalties stipulated in Clause 1 of this Article, the measure of revoking the license or certificate for valuation practice shall also be applied.

Article 23. Engaging in land planning and land use plan consulting activities without registering such activities.

1. A fine of between five million (5,000,000) VND and twenty million (20,000,000) VND shall be imposed on the act of engaging in land planning and land use plan consulting activities without registering such activities as required by the law on land.

2. In addition to the penalties stipulated in Clause 1 of this Article, the measure of prohibiting engagement in land planning and land use plan consulting activities shall also be applied.

Article 24. Providing land data in violation of the provisions of the law.

1. A fine of between five hundred thousand (500,000) VND and two million (2,000,000) VND shall be imposed on the act of providing land data that does not conform to the provisions of the law on collecting, managing, exploiting, and using land data.

2. A fine of between twenty million (20,000,000) VND and fifty million (50,000,000) VND shall be imposed on the act stipulated in Clause 1 of this Article if it causes damage to the State or others.

Chapter 3.

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 25. The authority of the Chairpersons of People's Committees at all levels in imposing administrative sanctions.

1. The Chairperson of the People's Committee of communes, wards, and towns has the right to:

a) To issue warnings;

b) Impose a fine up to two million (2,000,000) VND;

c) Confiscate objects and means used in administrative violations with a value up to two million (2,000,000) VND;

d) Order restoration of the land to its condition prior to the violation; order remediation of land degradation and harmful substance discharge; confiscate benefits obtained from the violation with a value up to two million (2,000,000) VND; order compliance with land administration procedures as prescribed by law; order provision of information, documents, and materials and compliance with inspection and audit requirements.

2. The Chairperson of the People's Committee of districts, towns, and cities under provinces has the right to:

a) To issue warnings;

b) Impose a fine up to thirty million (30,000,000) VND;

c) Confiscate objects and means used in administrative violations; revoke licenses and certificates for valuation practice; prohibit engagement in land planning and land use plan consulting activities;

d) Order restoration of the land to its condition prior to the violation; order remediation of land degradation and harmful substance discharge; order return of land area received through transfer, gift, or capital contribution; confiscate benefits obtained from the violation; order compliance with land administration procedures as prescribed by law; order provision of information, documents, and materials and compliance with inspection and audit requirements.

3. The Chairperson of the People's Committee of provinces and centrally-administered cities has the right to:

a) To issue warnings;

b) Impose a fine up to five hundred million (500,000,000) VND

c) Confiscate objects and means used in administrative violations; revoke licenses and certificates for valuation practice; prohibit engagement in land planning and land use plan consulting activities;

d) Order restoration of the land to its condition prior to the violation; order remediation of land degradation and harmful substance discharge; order return of land area received through transfer, gift, or capital contribution; confiscate benefits obtained from the violation; order compliance with land administration procedures as prescribed by law; order provision of information, documents, and materials and compliance with inspection and audit requirements.

Article 26. Competence of Specialized Inspectors on Land for Administrative Offense Penalties

1. Land inspectors performing their duties have the right:

a) To issue warnings;

b) To impose fines up to five hundred thousand (500,000) dong;

c) To confiscate objects and means used to commit administrative offenses; to confiscate benefits obtained from violations with a value up to two million (2,000,000) dong;

d) To compel restoration of the land to its condition prior to the violation.

2. The Chief Inspector of the Department of Natural Resources and Environment has the right:

a) To issue warnings;

b) Impose a fine up to thirty million (30,000,000) VND;

c) Confiscate objects and means used in administrative violations; revoke licenses and certificates for valuation practice; prohibit engagement in land planning and land use plan consulting activities;

d) To compel restoration of the land to its condition prior to the violation; to compel remediation of degraded land conditions, remediation of harmful substance discharge into land; to compel return of transferred, gifted, or contributed land areas; to confiscate benefits obtained from violations; to compel compliance with prescribed administrative procedures under the Law on Land; to compel provision of information, documents, and materials and compliance with inspection requests.

3. The Chief Inspector of the General Department of Land Management has the right:

a) To issue warnings;

b) To impose fines up to one hundred million (100,000,000) dong;

c) To confiscate objects and means used to commit administrative offenses; to revoke licenses and certificates for land valuation; to prohibit consulting services related to land planning and land use plans;

d) Order restoration of the land to its condition prior to the violation; order remediation of land degradation and harmful substance discharge; order return of land area received through transfer, gift, or capital contribution; confiscate benefits obtained from the violation; order compliance with land administration procedures as prescribed by law; order provision of information, documents, and materials and compliance with inspection and audit requirements.

4. The Head of the Department of Natural Resources and Environment Inspection has the right to:

a) To issue warnings;

b) To impose fines up to five hundred million (500,000,000) dong;

c) To confiscate objects and means used to commit administrative offenses; to revoke licenses and certificates for land valuation; to prohibit consulting services related to land planning and land use plans;

d) Order restoration of the land to its condition prior to the violation; order remediation of land degradation and harmful substance discharge; order return of land area received through transfer, gift, or capital contribution; confiscate benefits obtained from the violation; order compliance with land administration procedures as prescribed by law; order provision of information, documents, and materials and compliance with inspection and audit requirements.

Article 27. Delegation of Administrative Offense Penalty Powers and Principles for Determining Penalty Authority

The delegation of administrative offense penalty powers and principles for determining administrative offense penalty authority shall be implemented according to Clause 16 and Clause 17 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations issued by the Standing Committee of the National Assembly Resolution No. 04/2008/UBTVQH12 dated April 2, 2008 (hereinafter referred to as Ordinance No. 04/2008/UBTVQH12) and relevant laws.

Article 28. Responsibilities of Authorities with Penalty Authority Regarding Land Recovery, Temporary Suspension, or Termination of Land Service Activities

1. When handling administrative violations that fall under the circumstances requiring land recovery as stipulated in Article 38 of the Law on Land, the following provisions shall apply:

a) Authorities with penalty authority as stipulated in Clause 2 and Clause 3 of Article 25 of this Decree who also have the authority to recover land as stipulated in Article 44 of the Law on Land shall simultaneously carry out administrative offense penalties and land recovery;

b) Authorities with penalty authority as stipulated in Articles 25, 26, and 27 of this Decree but without the power to recover land shall carry out administrative offense penalties and have the responsibility to send a written request to the competent People's Committee at the appropriate level to issue a decision to recover land. The competent People's Committee shall implement land recovery when there are sufficient grounds; if there are insufficient grounds according to the Law on Land, they must inform the requester, the person being penalized, and the People's Committee of the commune, ward, or town where the land is located of the reasons;

c) In cases where the time limit for imposing penalties as stipulated in Article 4 of this Decree has expired, the authority with penalty authority shall have the responsibility to record the administrative violation in a report and issue a decision to recover land if it falls within their jurisdiction, or request the competent People's Committee at the appropriate level to recover land if it does not fall within their jurisdiction.

2. When handling administrative violations that fall under the circumstances stipulated in Articles 22 and 23 of this Decree, the authority with penalty authority shall have the responsibility to notify the agency that issued the license, certificate, or registration of the activity to continue handling according to the law.

3. When examining the violation to decide on administrative penalties, if it is found that the violation indicates criminal offenses, the authority with penalty authority must immediately transfer the case file to the competent criminal prosecution agency without retaining it for administrative penalties.

If a penalty decision has been issued and subsequently it is discovered that the violation indicates criminal offenses beyond the statute of limitations for criminal prosecution, the person who issued the penalty decision must revoke that decision and within three (03) days from the date of revoking the penalty decision, transfer the violation case file to the competent criminal prosecution agency.

Chapter 4.

PROCEDURES FOR ADMINISTRATIVE OFFENSE PENALTIES AND ENFORCEMENT OF DECISIONS ON ADMINISTRATIVE OFFENSE PENALTIES

Article 29. Administrative penalty procedures in the field of land

Administrative penalty procedures in the field of land shall be implemented in accordance with the provisions of Ordinance No. 44/2002/PL-UBTVQH10, Ordinance No. 04/2008/UBTVQH12, and Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations in 2002 and the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008.

Article 30. Enforcement of administrative penalty decisions in the field of land

1. A person who is administratively penalized in the field of land must comply with the administrative penalty decision within ten (10) days from the date of receipt of the administrative penalty decision, except where otherwise provided by laws on handling administrative violations.

2. If the person who is administratively penalized does not voluntarily comply with the administrative penalty decision beyond the time limit specified in Clause 1 of this Article, they shall be enforced through the following measures:

a) Deducting part of the salary or part of the income or deducting money from the bank account;

b) Seizing assets of equivalent value to the fine amount for auction;

c) Other enforcement measures to implement the administrative penalty decision.

3. The suspension of compliance with the administrative penalty decision for payment shall be carried out in accordance with the provisions of Article 65 of Ordinance No. 44/2002/PL-UBTVQH10.

4. The authority, procedures, and organization of enforcement of administrative penalty decisions shall be carried out in accordance with the provisions of Article 66 of Ordinance No. 44/2002/PL-UBTVQH10, Clause 27 and Clause 28 of Article 1 of Ordinance No. 04/2008/UBTVQH12.

Chapter 5.

IMPLEMENTING PROVISIONS

Article 31. Implementation Organization

1. When there is a document from the person issuing the inspection decision or the Chairman of the People's Committee at all levels requesting measurement and determination of area and land price, the provincial or district-level natural resources and environment agencies shall be responsible for organizing the measurement and determination of area and coordinating with the financial agency to determine the land price within twenty (20) days from the date of receipt of the request document.

2. The cost of implementing the measurement and determination of land area and land price as stipulated in Clause 1 of this Article shall be borne by the state budget.

The Ministry of Natural Resources and Environment shall take the lead in coordinating with the Ministry of Finance to guide the management and use of the costs prescribed in this clause.

Article 32. Effectiveness

1. This Decree takes effect from January 1, 2010.

2. This Decree replaces Decree No. 182/2004/NĐ-CP dated October 29, 2004 of the Government on administrative penalties in the field of land.

Article 33. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall be responsible for guiding the procedures and procedures for enforcing administrative penalty decisions and promulgating forms used in administrative penalties in the field of land.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Committees at all levels shall be responsible for implementing this Decree.