Circular No. 16/2010/TT-BTNMT stipulates the procedures and processes for enforcing administrative penalty decisions in the field of land through compulsory measures.

CIRCULAR

Regulations on the procedure and process for enforcing administrative penalty decisions in the field of land

Based on the Land Law dated November 26, 2003;

Pursuant to the Law on Housing dated November 29, 2005;

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

Pursuant to Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions 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;

Pursuant to Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government on the procedures for applying coercive measures to enforce administrative penalty decisions;

Pursuant to Decree No. 105/2009/NĐ-CP dated November 11, 2009 of the Government on penalties for administrative violations in the field of land;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment; Decree No. 19/2010/NĐ-CP dated March 5, 2010 of the Government amending and supplementing points c, d, g, h, and i of Clause 5, Article 2 of Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment hereby stipulates the procedure and process for enforcing administrative penalty decisions in the field of land as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

These regulations stipulate the procedure and process for applying coercive measures to enforce administrative penalty decisions in the field of land, decisions to apply measures to mitigate consequences caused by administrative violations in the field of land when not subject to penalties (collectively referred to as administrative enforcement in the field of land).

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) The subjects of administrative enforcement in the field of land include: domestic individuals, foreign individuals, overseas Vietnamese; domestic agencies and organizations, foreign organizations; household families; religious establishments that have been penalized for administrative violations in the field of land (hereinafter collectively referred to as the penalized subjects) who have exceeded the voluntary compliance period or the deferred compliance period specified in Clause 1 of this Article without voluntarily complying.

Other agencies, organizations, and individuals related to administrative enforcement in the field of land.

Article 2. Principles for applying coercive measures in the field of land

1. Administrative enforcement in the field of land shall only be carried out when there is an enforcement decision from the competent authority as stipulated in Article 4 of these regulations.

2. Coercive measures in the field of land shall only be applied in cases as stipulated in Article 5 of these regulations.

3. The competent authority issuing the enforcement decision shall base its decision on the content, nature, severity, and actual conditions of the enforcement decision of the subject being enforced and the local situation to decide on applying one of the coercive measures stipulated in Article 3 of these regulations.

Article 3. Administrative enforcement measures in the field of land

1. Deducting part of salary or income; deducting money from accounts at banks and credit organizations.

2. Seizing assets with equivalent value to the amount of fine for auction.

3. Other administrative enforcement measures to:

a) Confiscate objects and means used to commit administrative violations;

b) Revoke land valuation licenses and certificates; prohibit consulting on planning and land use plans;

c) Compel restoration of the state of the land as before the violation; compel remediation of land quality degradation and harmful substance discharge;

d) Remediate consequences in cases where land use rights transfer was accepted but did not meet conditions for such transfer;

đ) Confiscate benefits obtained through violations;

e) Compel provision of information, documents, and compliance with inspection and examination requirements.

Article 4. Authority to decide on administrative enforcement in the field of land

1. The person authorized to issue decisions to apply administrative enforcement measures in the field of land as stipulated in Article 3 of this Circular shall be responsible for organizing the enforcement of their own penalty decision and that of subordinate levels, including:

a) Chairpersons of People's Committees of communes, wards, towns (hereinafter referred to as Chairpersons of Commune-level People's Committees); Chairpersons of People's Committees of districts, cities under provinces, provincial cities (hereinafter referred to as Chairpersons of District-level People's Committees); Chairpersons of People's Committees of provinces, centrally-administered cities (hereinafter referred to as Chairpersons of Provincial-level People's Committees);

b) Heads of the Inspection Department of Natural Resources and Environment, Heads of the Inspection Department of the Ministry of Natural Resources and Environment.

2. The person authorized to issue decisions to apply administrative enforcement measures to revoke land valuation licenses and certificates, and prohibit consulting on planning and land use plans, includes:

a) Chairpersons of District-level and Provincial-level People's Committees;

b) Heads of the Inspection Department of Natural Resources and Environment, Heads of the Inspection Department of the Ministry of Natural Resources and Environment.

3. In cases of demolition of illegal houses or constructions on land, the person authorized to issue decisions to apply administrative enforcement measures to compel restoration of the state of the land as before the violation includes:

a) Chairperson of the District-level People's Committee;

b) Chairperson of the Provincial-level People's Committee.

Article 5. Decision on administrative enforcement in the field of land

1. The subject of administrative punishment shall be subject to enforcement measures to implement the administrative violation handling decision in the field of land in the following cases:

a) Exceeding ten (10) days from the date of receipt of the administrative violation handling decision or the decision to apply remedial measures due to administrative violations without applying punishment, and the subject of punishment does not comply;

In case the authority issuing the punishment decision allows payment of fines in installments but the subject of punishment fails to comply with the final installment deadline.

b) Exceeding the suspension period for implementing the fine decision as prescribed in Article 65 of the Administrative Violation Handling Ordinance.

2. The content of the enforcement decision shall be implemented according to the provisions of Clause 1, Article 6 of Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government on procedures for applying enforcement measures to implement administrative violation handling decisions (hereinafter referred to as Decree No. 37/2005/NĐ-CP).

The enforcement decision of the lower-level People's Committee Chairman must be sent to the higher-level People's Committee Chairman directly. In cases where enforcement measures are applied as stipulated in Clauses 2 and 3, Article 3 of this Circular, the enforcement decision must be sent to the Chairman of the People's Committee of the commune where enforcement is organized for coordination.

Chapter II
PROCEDURES FOR APPLYING ADMINISTRATIVE ENFORCEMENT MEASURES IN THE FIELD OF LAND

Article 6. Compulsory measures for withholding part of salary or income; withdrawing money from bank accounts; seizing assets with a value equivalent to the fine amount for auction

The compulsory measures for enforcing administrative penalty decisions: withholding part of salary or income; withdrawing money from bank accounts; seizing assets with a value equivalent to the fine amount for auction as stipulated in Clause 1 and Clause 2 of Article 3 of this Circular shall be applied according to the provisions of Section A, Section B, and Section C of Chapter II of Decree No. 37/2005/ND-CP.

Article 7. Compulsory measures for confiscating evidence and means used in administrative violations

The compulsory measures for confiscating evidence and means used in administrative violations shall be applied according to the provisions of Section D of Chapter II of Decree No. 37/2005/ND-CP.

Article 8. Compulsory measures for revoking land valuation licenses and certificates; prohibiting consulting services on planning and land use plans

1. If the subject of the administrative penalty fails to submit the land valuation license or certificate within the time limit specified in Clause 1 of Article 5 of this Circular, the person issuing the enforcement decision shall notify the licensing authority to issue a decision to revoke the issued license or certificate; at the same time, the licensing authority shall announce on the Ministry of Natural Resources and Environment's website or the General Department of Land Administration's website.

2. If the subject of the administrative penalty fails to comply with the prohibition on providing consulting services on planning and land use plans within the time limit specified in Clause 1 of Article 5 of this Circular, the person issuing the enforcement decision shall notify relevant agencies, organizations, and individuals about the prohibition on providing consulting services on planning and land use plans and announce it on the Ministry of Natural Resources and Environment's website or the General Department of Land Administration's website.

Article 9. Compulsory measures for restoring the original condition of the land before the violation, remedying the degradation of land quality, and remedying the discharge of harmful substances into the land

If the subject of the administrative penalty fails to comply within the time limit specified in Clause 1 of Article 5 of this Circular, or fails to complete the measures to restore the original condition of the land, remedy the degradation of land quality, and remedy the discharge of harmful substances into the land within the time limit specified in the administrative penalty decision, the following actions shall be taken:

1. For cases stipulated in Clauses 1, 2, 3, 4, and 5 of Article 8; Clauses 1, 2, and 3 of Article 9; Clauses 1 and 2 of Article 10; and Clauses 1 and 2 of Article 11 of Government Decree No. 105/2009/ND-CP dated November 11, 2009 on Administrative Penalties in the Field of Land Management (hereinafter referred to as Decree No. 105/2009/ND-CP), if there is no need to demolish illegal houses or constructions on the land, the person issuing the enforcement decision shall, based on actual conditions, the land's recovery capacity, and the financial status of the subject of enforcement, hire organizations or individuals with sufficient expertise and technical capabilities to restore the original condition of the land, remedy the degradation of land quality, and remedy the discharge of harmful substances into the land. The costs for hiring such organizations or individuals shall be temporarily covered by the state budget.

Within three (3) working days from the completion of the enforcement action, the person issuing the enforcement decision shall notify the subject of enforcement of the amount of money to be repaid to the state budget. Within ten (10) working days from receiving the notification from the person issuing the enforcement decision, the subject of enforcement shall repay the enforcement costs as stated in the notification. If the subject of enforcement fails to repay the aforementioned costs, the compulsory measures stipulated in Clause 1 and Clause 2 of Article 3 of this Circular shall be applied to recover the temporarily covered funds from the state budget.

2. For cases stipulated in Clauses 1, 2, 3, 4, and 5 of Article 8; Clauses 1, 2, and 3 of Article 9; Points b of Clause 1 and Point b of Clause 2 of Article 11 of Decree No. 105/2009/ND-CP, if there is a need to demolish illegal houses or constructions on the land, the person issuing the enforcement decision shall organize forces and equipment and request relevant authorities to cooperate in enforcing the demolition of houses and constructions on the land. The administrative enforcement costs shall be temporarily covered by the state budget.

Within three (3) working days from the completion of the enforcement action, the person issuing the enforcement decision shall notify the subject of enforcement of the amount of money to be repaid to the state budget. The subject of enforcement shall repay the enforcement costs within ten (10) working days from receiving the notification from the person issuing the enforcement decision. If the subject of enforcement fails to repay the aforementioned costs, the compulsory measures stipulated in Clause 1 and Clause 2 of Article 3 of this Circular shall be applied to recover the temporarily covered funds from the state budget.

3. For cases stipulated in Clause 5 of Article 13 of Decree No. 105/2009/ND-CP regarding restoring the original condition of the land before the violation, the provisions of this Article shall be implemented according to the provisions of Article 10 of this Circular.

Article 10. Compulsory measures to remedy consequences in cases where land use rights are transferred but the conditions for receiving such rights are not met.

The authority issuing the compulsory enforcement decision shall notify the provincial or district natural resources and environment agency about the transfer, gift, contribution, or inheritance that does not meet the legal requirements for the natural resources and environment agency at that level to refrain from processing the issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land, or to request the competent authority to revoke the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land already issued to the subject of compulsory enforcement.

Article 11. Compulsory measures to confiscate benefits obtained through violations.

To confiscate benefits obtained through violations as stipulated in Clause 5, Article 13 of Decree No. 105/2009/NĐ-CP, the authority issuing the decision to apply compulsory measures under Clause 1 and Clause 2, Article 3 of this Circular shall recover the benefits obtained through violations and deposit them into the state budget.

Article 12. Compulsory measures to compel provision of information, documents, and compliance with inspection and examination requests.

In cases where compulsory measures are implemented to compel the provision of information, documents, and compliance with inspection and examination requests, depending on specific circumstances, the authority issuing the compulsory enforcement decision shall request the agency specified in Clause 18, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008 to issue a decision and cooperate in searching places where objects of administrative violations are concealed according to the procedures and formalities stipulated in Clause 20, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008 to collect information, documents, and materials serving inspection and examination requirements.

Article 13. Forms used in administrative penalties and administrative compulsory measures in the field of land.

Forms used in administrative penalties and administrative compulsory measures in the field of land are prescribed in the Appendix attached to this Circular.

Chapter III
IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from October 15, 2010.

Article 15. Implementation Organization

Provincial People's Committees directly under the Central Government are responsible for directing the implementation of this Circular; during the implementation process,if there are difficulties, they are requested to promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.