Decree No. 182/2004/ND-CP On Administrative Sanctions for Violations in the Field of Land

DECREE OF THE GOVERNMENT

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;

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

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

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

Administrative violations in the field of land defined in this Decree are intentional or negligent acts of individuals or organizations that violate land laws without constituting criminal offenses and which must be subject to administrative penalties according to the law.

2. Acts of violation concerning surveying and maps shall be handled in accordance with the provisions of the law on administrative penalties for violations in the field of surveying and mapping.

Article 2. Applicability

1. The subjects to whom this Decree applies include individuals, agencies, and organizations (hereinafter referred to collectively as individuals and organizations) of Vietnam, foreign organizations and individuals who commit administrative violations related to land use and carry out land service activities within the territory of Vietnam. In cases where international treaties signed or acceded to by the Socialist Republic of Vietnam provide different provisions, such treaties shall apply.

2. Violations of land management laws by civil servants while performing their duties shall be disciplined according to the law on civil servants and the Decree implementing the Land Law; if the act has signs indicating a criminal offense, it will be pursued criminally according to the law.

Article 3. Administrative violations

1. Administrative violations in land use include:

a) Using land not in accordance with its intended purpose;

b) Encroaching on land;

c) Destroying land;

d) Obstructing others' land use;

đ) Converting, transferring, leasing, subleasing, inheriting, donating, mortgaging, guaranteeing, or contributing land use rights without complying with the administrative procedures prescribed by land laws;

e) Self-converting, transferring, or donating land that does not meet the conditions for transferring land use rights;

g) Intentionally registering the wrong type of land or failing to register when changing the land use purpose;

h) Delaying compensation;

i) Delaying payment of land use fees or land lease fees without permission from competent state authorities responsible for granting land or leasing land;

k) Intentionally obstructing the state's land allocation, leasing, or recovery;

l) Failing to return land within the deadline specified in the land recovery decision of competent state authorities;

m) Arbitrarily moving or distorting boundary markers for land use planning or safety zones of works;

n) Distorting land use documents or certificates.

2. Administrative violations in land service activities include:

a) Administrative violations in engaging in land price consultancy without permission from competent state authorities;

b) Administrative violations in engaging in land planning and utilization consultancy without meeting the conditions for registration of professional activities;

c) Administrative violations in engaging in land information services, land surveying, and cadastral map services.

Article 4. Definitions

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

1. Using land not in accordance with its intended purpose means using land contrary to the intended purpose or type of land recorded in the land use right certificate or decision on land allocation, land lease, permission to change land use purpose, 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 means the act of a person currently using land shifting boundary markers to expand the land area.

3. Occupying land means using land without permission from competent state authorities or the land user's permission, or using land temporarily allocated or borrowed by the state but not returned after the temporary allocation or borrowing period has expired.

4. Obstructing others' land use means placing construction materials, waste, or other objects on another person's land or digging in a way that obstructs or reduces the usability of the land or causes damage to the land use of another person.

5. Delaying compensation means the act of organizations or individuals failing to compensate persons whose land was expropriated according to the deadlines set forth in the Decree on compensation, support, and resettlement when the state expropriates land.

Article 5. Statute of Limitations for Administrative Penalties

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

2. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal proceedings, but later received a decision to terminate the investigation or close the case due to administrative violations, the statute of limitations for administrative penalties is three (03) months from the date the authority responsible for imposing penalties receives the termination decision and the case file.

3. If the statute of limitations for administrative penalties expires and the administrative violation has not been penalized, the authority responsible will not impose administrative penalties but will apply remedial measures as provided for in Clause 3 of Article 6 of this Decree.

4. Within the time limit prescribed in Clauses 1 and 2 of this Article, if the violator commits new administrative violations stipulated in this Decree or intentionally evades or obstructs the penalty process, the statute of limitations will be recalculated from the date of the new administrative violation or from the date the evasion or obstruction ends.

Article 6. Forms of punishment and remedial measures

1. Main forms of punishment include:

a) Warning;

b) Fine.

2. Supplementary forms of punishment are confiscation of items or means used in committing administrative violations.

3. Remedial measures applied in administrative penalties for land violations are restoring the land to its condition before the violation occurred.

Article 7. Principles of administrative penalties in the field of land

1. All administrative violations must be promptly discovered, stopped, and dealt with, linked to the responsibility of grassroots authorities and land inspection and audit work. Administrative penalties must be carried out quickly, fairly, and thoroughly; all consequences caused by administrative violations must be remedied according to this Decree and relevant laws.

2. Individuals and organizations shall be subject to administrative penalties when they commit administrative violations as prescribed in this Decree.

3. Administrative violations shall be penalized by persons authorized under Articles 25, 26, and 27 of this Decree.

4. A single administrative violation shall only be subject to one administrative sanction.

When multiple individuals jointly commit an act of administrative violation, each violator shall be subject to penalty.

When an individual commits multiple acts of administrative violation, penalties shall be imposed for each separate act of violation.

5. Administrative violations shall not be processed in cases of emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases that impair the ability to recognize or control one's actions.

6. The main form of punishment may be applied independently; supplementary forms of punishment and measures to remedy consequences can only be applied concurrently with the main form of punishment for administrative violations where supplementary forms of punishment and remedial measures are prescribed in this Decree, except for the cases stipulated in Clause 3 of Article 5 of this Decree.

7. The form and degree of punishment shall be determined based on the nature and extent of the violation, the consequences of the administrative violation, the personal circumstances of the violator, mitigating circumstances, and aggravating circumstances.

Mitigating and aggravating circumstances shall be applied according to the provisions of Articles 7 and 8 of the Ordinance on Handling Administrative Violations.

8. The specific amount of fine for a single administrative violation is the average level of the fine prescribed for such violation; if the violation has mitigating circumstances, the fine may be reduced to a lower level but not below the minimum level of the fine; if the violation has aggravating circumstances, the fine may be increased to a higher level but not exceeding the maximum level of the fine.

Article 8. Determining the degree of consequences of administrative violations

1. The degree of consequences of administrative violations 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 set by the provincial or centrally-administered municipal People's Committee where the land is located, and divided into four 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 two million (2,000,000) dong for agricultural land, less than ten million (10,000,000) 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 is from two million (2,000,000) dong to less than five million (5,000,000) dong for agricultural land, from ten million (10,000,000) dong to less than twenty-five million (25,000,000) 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 is from five million (5,000,000) dong to less than ten million (10,000,000) dong for agricultural land, from twenty-five million (25,000,000) dong to less than fifty million (50,000,000) 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 ten million (10,000,000) dong or more for agricultural land, fifty million (50,000,000) dong or more for non-agricultural land.

2. For areas of land violated that have not been put into use, the lowest agricultural land price of the province or centrally-administered municipality at the time of punishment shall be applied.

Chapter II

ADMINISTRATIVE VIOLATIONS,

FORMS AND LEVELS OF PUNISHMENT

Section 1

ADMINISTRATIVE VIOLATIONS IN LAND USE

AND FORMS AND LEVELS OF PUNISHMENT

Article 9. Using land for purposes not permitted

1. Using land for purposes not permitted and not falling under the cases provided for in Clauses 2, 3, 4, and 5 of this Article shall be punished as follows:

a) Warning or a fine from one hundred thousand (100,000) dong to two hundred thousand (200,000) dong if the consequences of the violation fall under Level one (1);

b) A fine from two hundred thousand (200,000) dong to five hundred thousand (500,000) dong if the consequences of the violation fall under Level two (2);

c) A fine from five hundred thousand (500,000) dong to two million (2,000,000) dong if the consequences of the violation fall under Level three (3);

d) A fine from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation fall under Level four (4).

2. Converting irrigated rice fields with a high yield system into perennial crops, ponds, lakes, or saline water for aquaculture without permission from the competent People's Committee shall be punished as follows:

a) A fine from one hundred thousand (100,000) dong to five hundred thousand (500,000) dong if the consequences of the violation fall under Level one (1);

b) A fine from five hundred thousand (500,000) dong to three million (3,000,000) dong if the consequences of the violation fall under Level two (2);

c) A fine from three million (3,000,000) dong to five million (5,000,000) dong if the consequences of the violation fall under Level three (3);

d) A fine from five million (5,000,000) dong to twenty million (20,000,000) dong if the consequences of the violation fall under Level four (4).

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

a) A fine from two hundred thousand (200,000) dong to five hundred thousand (500,000) dong if the consequences of the violation fall under Level one (1);

b) A fine from five hundred thousand (500,000) dong to three million (3,000,000) dong if the consequences of the violation fall under Level two (2);

c) A fine from three million (3,000,000) dong to fifteen million (15,000,000) dong if the consequences of the violation fall under Level three (3);

d) A fine from fifteen million (15,000,000) dong to thirty million (30,000,000) dong if the consequences of the violation fall under Level four (4).

4. Converting non-agricultural land granted by the State without payment of land use fees to non-agricultural land subject to payment of land use fees or converting non-residential non-agricultural land to residential land without permission from the competent People's Committee shall be punished as follows:

a) A fine from five hundred thousand (500,000) dong to two million (2,000,000) dong if the consequences of the violation fall under Level one (1);

b) A fine from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation fall under Level two (2);

c) A fine from ten million (10,000,000) dong to twenty million (20,000,000) dong if the consequences of the violation fall under Level three (3);

d) A fine from twenty million (20,000,000) dong to thirty million (30,000,000) dong if the consequences of the violation fall under Level four (4).

5. Using land to construct works, invest in real estate in urban areas, industrial zones, high-tech zones, economic zones contrary to detailed land use planning and detailed land use plans that have been announced 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 violation fall under level one (1).

b) A fine from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation fall under Level two (2);

c) A fine from ten million (10,000,000) dong to twenty million (20,000,000) dong if the consequences of the violation fall under Level three (3);

d) A fine from twenty million (20,000,000) dong to thirty million (30,000,000) dong if the consequences of the violation fall under Level four (4).

6. Compel restoration of the state of the land before the violation for the acts stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 10. Encroachment on land

1. Encroaching on land not falling under the cases provided for in Clauses 2 and 3 of this Article shall be subject to the following forms and levels of punishment:

a) A fine from one hundred thousand (100,000) dong to five hundred thousand (500,000) dong if the consequences of the violation fall under 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 act fall under 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 act fall under level three (3).

d) A fine of from ten million (10,000,000) dong to twenty million (20,000,000) dong if the consequences of the act fall under level four (4).

2. Encroaching on land within the protective zone of engineering works, land in urban areas, land with historical and cultural relics, scenic spots and historical sites ranked or decided to be protected by provincial people's committees or municipal people's committees directly under the central government 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 zone of engineering works, urban areas, historical and cultural relics, scenic spots and historical sites; where laws on relevant specialized fields have not made provisions, the forms and levels of punishment shall be as follows:

a) A fine from two hundred thousand (200,000) dong to five hundred thousand (500,000) dong if the consequences of the violation fall under Level one (1);

b) A fine from five hundred thousand (500,000) dong to three million (3,000,000) dong if the consequences of the violation fall under Level two (2);

c) A fine of from three million (3,000,000) dong to ten million (10,000,000) dong if the consequences of the act fall under 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 act fall under level four (4).

3. Encroaching on land used for national defense purposes shall be subject to the forms and levels of punishment prescribed in the decree on administrative penalties for violations in the field of national defense.

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

Article 11. Destruction of land

1. Causing a reduction in the quality of land or causing deformation of the terrain resulting in consequences that reduce or eliminate the ability to use the land according to its designated purpose shall be subject to the following forms and levels of punishment:

a) A fine from two hundred thousand (200,000) dong to five hundred thousand (500,000) dong if the consequences of the violation fall under 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 act fall under 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 act fall under level three (3).

d) A fine of from ten million (10,000,000) dong to twenty million (20,000,000) dong if the consequences of the act fall under level four (4).

2. Causing soil pollution resulting in consequences that eliminate the ability to use the land according to its designated purpose shall be subject to the following forms and levels of punishment:

a) A fine from five hundred thousand (500,000) dong to two million (2,000,000) dong if the consequences of the violation fall under Level one (1);

b) A fine from two million (2,000,000) dong to ten million (10,000,000) dong if the consequences of the violation fall under Level two (2);

c) A fine from ten million (10,000,000) dong to twenty million (20,000,000) dong if the consequences of the violation fall under Level three (3);

d) A fine from twenty million (20,000,000) dong to thirty million (30,000,000) dong if the consequences of the violation fall under Level four (4).

3. Confiscate the objects and means used to commit administrative violations or compel measures to remedy activities causing pollution, compel restoration of the terrain of the land before the violation for the acts stipulated in Clause 1 and Clause 2 of this Article.

Article 12. Obstructing the use of land by others

1. A fine of from one hundred thousand (100,000) dong to five hundred thousand (500,000) dong for the act of arbitrarily placing construction materials, waste, or other objects on another person's plot of land, obstructing the use of the land by that person.

2. A fine of from five hundred thousand (500,000) dong to three million (3,000,000) dong for the act of arbitrarily placing construction materials, waste, or other objects on another person's plot of land, reducing the ability to use the land by that person or causing damage to the use of the land by that person.

3. A fine of from one million (1,000,000) dong to five million (5,000,000) dong for the act of arbitrarily digging up the land, obstructing or causing damage to the use of the land by that person.

4. Confiscate the objects and means used to commit administrative violations, compel restoration of the state of the land before the violation for the acts stipulated in Clauses 1, 2, and 3 of this Article.

Article 13. Changing, transferring, leasing, subleasing, inheriting, donating the right to use land or mortgaging, guaranteeing, contributing capital with the right to use land without complying with the administrative procedures prescribed by the law on land

A fine of from two hundred thousand (200,000) dong to five hundred thousand (500,000) dong for the act of changing, transferring, leasing, subleasing, inheriting, donating the right to use land or mortgaging, guaranteeing, contributing capital with the right to use land without complying with the administrative procedures prescribed by the law on land.

Article 14. Changing, transferring, donating land that does not meet the conditions for transferring the right to use land

1. A fine of from five million (5,000,000) dong to ten million (10,000,000) dong for the act of changing, transferring, or donating land that does not meet the conditions for transferring the right to use land as stipulated in Article 106 of the Land Law.

2. A fine of from ten million (10,000,000) dong to twenty million (20,000,000) dong for the act of using encroached land and then changing, transferring, or donating it.

3. Compel restoration of the state of the land before the violation, compel return of the encroached land.

Article 15. Intentionally registering the wrong type of land, failing to register when changing the purpose of land use

Warning or a fine of from one hundred thousand (100,000) dong to two hundred thousand (200,000) dong for the act of intentionally registering the wrong type of land or failing to register when changing the purpose of land use.

Article 16. Delaying compensation

A fine at a rate of 0.04% of the amount of compensation due for each day of delay in compensation from the date the competent state agency stipulates the obligation to compensate for the act of delaying compensation.

Article 17. Delaying payment of land use fees, land lease fees without permission from the competent state agency authorized to allocate land or lease land

Warning or a fine at a rate of 0.02% of the amount due for each day of delay in payment from the date the competent state agency stipulates the obligation to pay land use fees or land lease fees for the act of delaying payment of land use fees or land lease fees.

Article 18. Intentionally obstructing the allocation of land, leasing of land, recovery of land

1. Warning or a fine of from one hundred thousand (100,000) dong to two hundred thousand (200,000) dong for the act of not being present at the location for land handover as required by the competent state agency without a legitimate reason.

2. A fine of two hundred thousand (200,000) dong to five hundred thousand (500,000) dong shall be imposed on the act of obstructing state officials authorized to carry out boundary marking, land handover, land leasing, and land recovery on-site.

Article 19. Failure to return land within the time limit set forth in the land recovery decision of the competent state agency

A fine of five hundred thousand (500,000) dong to three million (3,000,000) dong shall be imposed on the intentional act of evading or delaying the return of land within the time limit set forth in the land recovery decision of the competent state agency where compensation has been implemented in accordance with the law.

Article 20. Unauthorized movement, alteration, or damage to land planning boundary markers or safety zone boundary markers of works

1. A warning or a fine of one hundred thousand (100,000) dong to two hundred thousand (200,000) dong shall be imposed on the act of unauthorized movement or alteration of land planning boundary markers or safety zone boundary markers of works.

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

3. Seizure of the objects or means used to commit administrative violations as stipulated in Clauses 1 and 2 of this Article.

Article 21. Alteration of documents and certificates in land use

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

2. A fine of five hundred thousand (500,000) dong to two million (2,000,000) dong shall be imposed on the act of erasing, altering documents and certificates in land use causing errors in the issuance of land use right certificates; conversion, transfer, lease, inheritance, gift, mortgage, guarantee, contribution by land use rights without reaching the level of criminal prosecution.

Section 2

ADMINISTRATIVE VIOLATIONS IN LAND SERVICES ACTIVITIES

AND FORMS OF PENALTIES, AMOUNTS

REMEDIAL MEASURES FOR CONSEQUENCES

Article 22. Engaging in land price consulting without permission from the competent state agency

1. A warning or a fine of one hundred thousand (100,000) dong to two hundred thousand (200,000) dong shall be imposed on the act of engaging in land price consulting without permission from the competent state agency.

2. A fine of ten million (10,000,000) dong to twenty million (20,000,000) dong shall be imposed on the act stipulated in Clause 1 of this Article if it causes damage to the State or others.

3. A warning or a fine of one hundred thousand (100,000) dong to two hundred thousand (200,000) dong shall be imposed on the act of engaging in land price consulting with permission from the competent state agency but failing to comply with the principles and methods for determining land prices as prescribed by law.

4. A fine of five million (5,000,000) dong to ten million (10,000,000) dong shall be imposed on the act stipulated in Clause 3 of this Article if it causes damage to the State or others.

Article 23. Engaging in land planning and land use plan consulting without meeting the conditions for registration of practice

A warning or a fine of two hundred thousand (200,000) dong to five hundred thousand (500,000) dong shall be imposed on the act of engaging in land planning and land use plan consulting without meeting the conditions for registration of practice as prescribed by law.

Article 24. Engaging in land information services without meeting the conditions for registration of practice or engaging in cadastral surveying and mapping services without permission from the competent state agency

1. A warning or a fine of one hundred thousand (100,000) dong to two hundred thousand (200,000) dong shall be imposed on the act of engaging in land information services without meeting the conditions for registration of practice or engaging in cadastral surveying and mapping services without permission from the competent state agency.

2. A fine of five million (5,000,000) dong to ten million (10,000,000) dong shall be imposed on the act stipulated in Clause 1 of this Article if it causes damage to the State or others.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 25. The authority of the Chairpersons of People's Committees at all levels to impose administrative penalties

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

a) To issue warnings;

b) Impose a fine up to five hundred thousand (500,000) dong;

c) Seize objects or means used to commit administrative violations with a value up to five hundred thousand (500,000) dong;

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

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

a) To issue warnings;

b) Impose a fine up to twenty million (20,000,000) dong;

c) Confiscate the objects and means used to commit administrative violations;

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

3. The Chairperson of the People's Committee of provinces and centrally governed cities has the authority to:

a) To issue warnings;

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

c) Confiscate the objects and means used to commit administrative violations;

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

Article 26. The authority of specialized inspectors in land affairs to impose administrative penalties

1. Land inspectors performing their duties have the authority to:

a) To issue warnings;

b) Impose a fine up to two hundred thousand (200,000) dong;

c) Seize objects or means used to commit administrative violations with a value up to two million (2,000,000) dong.

2. The Head of the Natural Resources and Environment Inspectorate of the Department has the right:

a) To issue warnings;

b) Impose a fine up to twenty million (20,000,000) dong;

c) Confiscate the objects and means used to commit administrative violations;

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

3. The Head of the Natural Resources and Environment Inspectorate of the Ministry has the right:

a) To issue warnings;

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

c) Confiscate the objects and means used to commit administrative violations;

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

Article 27. Delegation of authority to impose administrative penalties and principles for determining such authority

The delegation of authority to impose administrative penalties and the principles for determining such authority shall be carried out in accordance with Article 41 and Article 42 of the Administrative Violations Handling Ordinance and relevant laws.

Article 28. Responsibilities of those authorized to impose administrative penalties in cases requiring land recovery, temporary suspension, or cessation of land service activities

1. When handling administrative violations that require land recovery as provided for in Article 38 of the Land Law, the following provisions shall apply:

a) Those authorized to impose penalties as stipulated in Articles 25, 26, and 27 of this Decree who also have the authority to recover land as provided for in Article 44 of the Land Law shall simultaneously impose administrative penalties and recover the land.

b) The person authorized to impose administrative penalties as stipulated in Articles 25, 26, and 27 of this Decree but without the authority to recover land shall implement the administrative penalty and have the responsibility to send a document requesting the competent People's Committee at the appropriate level to issue a decision to recover the land. The competent People's Committee has the responsibility to carry out the recovery of land in cases with sufficient grounds; if there are insufficient grounds according to the laws on land, they must notify the person who made the request, the person subject to the penalty, 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 administrative penalties as stipulated in Article 5 of this Decree has expired, the person authorized to impose administrative penalties shall be responsible for drafting an administrative violation record and issuing a decision to recover the land if it falls within their jurisdiction, or proposing the competent People's Committee to recover the land if it does not fall within their jurisdiction.

2. When handling administrative violations that fall under the circumstances specified in Articles 22 and 24 of this Decree, the person authorized to impose administrative penalties shall be responsible for notifying the competent state agency that granted permission to continue handling the matter in accordance with the law.

3. When examining the violation case to decide on an administrative penalty, if it is found that the violation behavior indicates criminal offenses, then the person authorized to impose administrative penalties must immediately transfer the file to the competent criminal proceedings agency without retaining it for administrative penalties.

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

Chapter IV

PROCEDURES FOR ADMINISTRATIVE SANCTIONS

AND ENFORCEMENT OF THE ADMINISTRATIVE PENALTY DECISION

Article 29. Administrative penalty procedures in the field of land

Administrative penalty procedures in the field of land shall be carried out in accordance with the provisions of the Administrative Violation Handling Ordinance and Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

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

1. The person subject to administrative penalties in the field of land must comply with the administrative penalty decision within ten (10) days from the date of receipt of the decision.

2. If the person subject to administrative penalties fails to voluntarily comply with the administrative penalty decision beyond the time limit specified in Clause 1 of this Article, enforcement measures shall be taken as follows:

a) Deducting part of the salary or income, or deducting money deposited in the bank;

b) Seizing assets of equivalent value for auction;

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

3. Individuals fined five hundred thousand (500,000) dong or more may be allowed to postpone compliance with the administrative penalty decision in accordance with Article 65 of the Administrative Violation Handling Ordinance.

4. Authority, procedures, and organization of enforcement of administrative penalty decisions shall be implemented in accordance with the provisions of Articles 66 and 67 of the Administrative Violation Handling Ordinance.

Article 31. Complaints, reports, lawsuits

1. The person subject to administrative penalties in the field of land or their legitimate representative has the right to appeal the administrative penalty decision.

2. Every citizen has the right to report illegal acts in the handling of administrative violations.

3. Competence, procedures, and deadlines for handling complaints and denunciations shall be implemented in accordance with the law on complaints and denunciations.

4. Initiating litigation against administrative penalty decisions in the field of land shall be carried out in accordance with the provisions of the law on administrative litigation procedures.

Chapter V

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

This Decree replaces Decree No. 04/CP dated January 10, 1997 of the Government on administrative penalties in the field of land management and use.

Abolish previous regulations that conflict with the provisions of this Decree.

Article 33. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of all levels of People's Committees are responsible for implementing this Decree./.