Decree No. 91/2019/ND-CP on administrative penalties for violations in the field of land

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 91/2019/NĐ-CP	Hanoi, November 19, 2019

DECREE

ON ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF LAND

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Housing Law dated November 25, 2014;

Pursuant to the Law on Business of Real Estate dated November 25, 2014;

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

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

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

1. The subjects subject to administrative penalties under this Decree include the following subjects committing administrative violations prescribed in this Decree occurring within the territory of the Socialist Republic of Vietnam, except where international treaties to which Vietnam is a party provide otherwise:

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

b) Domestic organizations, foreign organizations, enterprises with foreign investment capital, religious establishments (hereinafter collectively referred to as organizations).

2. Authorities and persons with the power to impose administrative penalties and organizations and individuals related to the imposition of administrative penalties as prescribed in this Decree.

Article 3. Explanation of Terms

1. Encroaching on land is the act of a land user shifting boundary markers or boundaries of a land plot to expand the area of land used without permission from the competent state agency on land management or without permission from the lawful land user whose land is being encroached upon.

2. Occupying land is the act of using land in any of the following cases:

a) Using land without permission from the competent state agency on land management;

b) Using land belonging to the lawful land users of other organizations or individuals without their permission;

c) Using land that has been assigned or leased by the State beyond its usage period without the State extending the usage period (except for family households and individuals directly engaged in agricultural production using agricultural land);

d) Using land on-site before completing the procedures for land assignment or lease as prescribed by law.

3. Destroying land is the act of altering the topography or reducing the quality of land or causing land pollution, thereby losing or reducing the ability to use land for its intended purpose, including:

a) Altering the topography in the following cases: changing the slope of the land surface; lowering the land surface due to using surface soil for other purposes or making the land surface lower than adjacent plots; filling in land with water bodies dedicated for use, irrigation channels, drainage ditches, or raising the surface level of agricultural land above adjacent plots; except for cases of transforming agricultural land into terraced fields or other forms of land improvement suitable for the intended land use purpose assigned, leased, or approved or agreed upon by the competent People's Committee for land assignment or lease;

b) Reducing the quality of land in the following cases: losing or reducing the thickness of the cultivated soil layer; changing the surface layer of agricultural land with materials, waste, or soil mixed with gravel, rocks, or soil types different from those currently in use; causing erosion or washing away of agricultural land;

c) Causing land pollution is the case of introducing harmful substances or pathogens harmful to crops, livestock, or humans into the land;

d) Losing the ability to use land for its intended purpose is the case where, after committing any of the acts prescribed in points a, b, and c of this clause, the land cannot be used for the purpose assigned, leased, permitted to change the purpose of use, or recognized by the State;

đ) Reducing the ability to use land for its intended purpose is the case where, after committing any of the acts prescribed in points a, b, and c of this clause, it is necessary to invest in land improvement before the land can be used for the purpose assigned, leased, permitted to change the purpose of use, or recognized by the State.

4. Transactions involving land use rights are cases where the parties involved carry out the transfer or transfer or gift or lease, sublease, inheritance, mortgage, or contribution of land use rights as prescribed by the law on land.

Article 4. Statute of Limitations for Administrative Penalties

1. The statute of limitations for administrative penalties in the field of land is two years.

2. The time point for calculating the statute of limitations for administrative penalties is specified as follows:

a) For completed administrative violations as prescribed in Clause 3 of this Article, the statute of limitations is calculated from the time the violation ends;

b) For ongoing administrative violations as prescribed in Clause 4 of this Article, the statute of limitations is calculated from the time the authorized person discovers the violation;

c) In cases where administrative penalties are imposed on organizations or individuals based on administrative violation records transferred by the authorized person, the statute of limitations shall be applied as prescribed in Clause 1 of this Article and points a and b of this clause up to the date of the decision imposing administrative penalties.

3. Acts of violation are determined to have ended and the time point of ending the violation is as follows:

a) The act of transferring, transferring, giving, leasing land for a lump sum payment, inheriting, mortgaging, or contributing land use rights or receiving transfers, receiving transfers, receiving gifts, leasing land for a lump sum payment, inheriting, receiving mortgages, or receiving contributions of land use rights for land that is not allowed to be traded or does not meet the conditions for trading land use rights as prescribed whereby when the parties have fulfilled their obligations under the contract or transaction document signed; the end time of the transaction involving land use rights is the time when all obligations of the parties under the contract or signed document are completed.

b) The act of transferring land use rights through lot division and sale of land plots in housing development projects for sale or sale combined with lease but not meeting the conditions stipulated by law or meeting the conditions but not yet permitted by the provincial People's Committee (hereinafter referred to as the provincial People's Committee); permit; where the parties have completed their obligations under the signed transfer contracts or documents;; the end time of the land use rights transfer act is the time when all obligations of the parties under the contract or signed document are completed;

c) The act of overseas Vietnamese who are eligible to own houses in Vietnam receiving the transfer of land use rights for residential land without houses that are not part of housing development projects or receiving the transfer of land use rights that are not residential land outside industrial zones, clusters of industrial zones, export processing zones, high-tech zones, economic zones; from foreign-invested enterprises receiving the transfer of investment capital as the value of agricultural land, forestry land or leasing non-agricultural production and business land outside industrial zones, clusters of industrial zones, export processing zones, high-tech zones, economic zones where the parties have completed their obligations under the signed transfer contracts or documents;; the end time of the land use rights transfer act is the time when all obligations of the parties under the contract or signed document are completed;

d) The act of transferring or receiving the transfer of land use rights attached to the transfer of part or all of an implemented investment project but the land use rights were not transferred or did not meet the conditions for transfer according to the law, where the parties have completed their obligations under the signed contracts or transaction documents on land use rights; the end time of the transfer and receipt of transfer acts is the time when all obligations of the parties under the contract or signed document are completed;

đ) The act of selling or purchasing immovable property attached to land leased by the State with annual land rent payments but not meeting the conditions stipulated in Article 189 of the Land Law, but the parties have completed their obligations under the signed sales or purchase contracts or documents;; the end time of the sales or purchase act is the time when all obligations of the parties under the contract or signed document are completed;

e) Acts of destroying land; moving, distorting, or damaging boundary markers for land use or administrative boundaries; erasing, altering, or distorting the contents of land use documents or certificates before the violation was discovered. The end time of the violations specified in this point is the time when the activities of the violation have been completed;the end time of the violations stipulated herein is the time when all activities of such violations have been completed;

g) The act of violating service operation conditions in the field of land where the service has been completed and the parties have completed their obligations under the signed service contracts or documents; the end time of the violation specified in this point is the time when the contract termination document or signed service document is concluded;

h) The act of providing inaccurate information for land inspection, examination, and dispute resolution; the end time of the violation specified in this point is the time when inaccurate information has been provided to organizations or individuals performing inspection, examination, and dispute resolution tasks according to the law;

i) The act of real estate project investors failing to submit documents for the issuance of Certificates of Ownership for house buyers, lease-purchase house buyers, construction works, or transferees of land use rights, or failing to provide or fully provide documents for house buyers, lease-purchase house buyers, construction works, or transferees of land use rights to submit their own ownership certificate application documents as stipulated in Clause 7, Article 26 of the Housing Law and Clause 4, Article 13 of the Real Estate Business Law, but after the prescribed period, the investor has corrected the violation. The end time of the violation specified in this point is the time when the documents have been submitted or full documents have been provided for house buyers, lease-purchase house buyers, construction works, or transferees of land use rights to submit their own ownership certificate application documents according to the law;

k) In cases where administrative violations specified in points a, b, c, d, đ, e, g, h, and i of this clause cannot be proven by the violator to have ended, they are considered ongoing administrative violations within the statute of limitations for administrative penalties;

4. Administrative violations related to land defined in this Decree that do not fall under the circumstances specified in Clause 3 of this Article are considered ongoing violations;

5. Within the time limit specified in Clause 1 of this Article, if organizations or individuals committing administrative violations deliberately evade or obstruct the penalty enforcement of competent authorities, the statute of limitations for administrative penalties shall be recalculated from the time the evasion or obstruction ends;

Article 5. Forms of punishment and measures to remedy consequences

1. Main forms of punishment include:

a) Warning;

b) Fine.

2. Additional forms of punishment:

a) Seizure of documents that have been erased, altered, or distorted in content; fake documents used in land use;

b) Revocation of the right to use service activity licenses in the field of land for six to nine months or suspension of service activities in the field of land for nine to twelve months;

3. Remedial measures prescribed in this Decree include:

a) Compelling restoration of the original condition of the land prior to the violation. The provincial People's Committee bases its decision on the actual situation in the locality to determine the extent of restoration for each type of violation prescribed in this Decree;

b) Compelling return of unlawful gains obtained from the implementation of violations as prescribed in this Decree; lawful shall be obtained through the implementation of violations as prescribed in this Decree;

c) Compelling completion of administrative procedures related to land;

d) Compelling return of land used in violation of regulations;

đ) Compelling termination of land use rights mortgage contracts;

e) Compelling repayment of unlawful land transfer, rental, or sub-rental payments during the remaining period of land use;

g) Compelling fulfillment of financial obligations related to land.

h) Compel completion of investment construction in accordance with regulations;

i) Compel termination of contracts for purchase, sale, or lease of assets attached to land that do not meet the prescribed conditions;

k) Compel use of land in accordance with the purpose assigned, leased, or recognized by the State;

l) Compel restoration of the original boundary lines of land use and administrative territorial markers to their pre-violation state;

m) Compel provision or re-provision of information, documents, and papers as required by competent authorities for inspection, examination, and resolution of land disputes;

n) Compel compliance with all conditions stipulated by laws on real estate business for cases specified in Article 24 of this Decree;

o) Compel submission of issued certificates of ownership for cases specified in Article 35 of this Decree;

p) Invalidate the results of administrative procedures related to land use carried out using false documents, and other activities related to land use that do not warrant criminal prosecution;

q) Handle property created illegally as provided in Clause 2, Article 23 of this Decree;

r) Reclaim land in accordance with the Land Law for cases requiring land reclamation as specified in Articles 15, 18, 19, 22, 26, 29, 30, and 32 of this Decree;

4. The application of administrative penalty forms and implementation of remedial measures in cases involving transactions concerning land use rights shall be as follows:

a) In cases where administrative violations occur before the transfer of land use rights, the party transferring land use rights shall be subject to administrative penalties and must return any illegal gains obtained from the violation, and restore the land to its pre-violation condition (if the administrative penalty for the transfer of rights requires the recipient to return the land to the transferor) in accordance with the provisions. The party receiving the land use rights must implement remaining remedial measures for each specific violation as stipulated;

b) In cases of changing land use rights without registering changes in land status, both parties involved in the change shall be subject to administrative penalties. In cases of transferring, inheriting, donating, or contributing land use rights without registering changes in land status, the recipient of the land use rights shall be subject to administrative penalties. In cases of leasing or mortgaging land use rights without registering changes in land status, the land user who leases or mortgages the land shall be subject to administrative penalties;

In addition to administrative penalties as stipulated herein, both the transferring party and the receiving party must also implement remedial measures for each specific case as provided in this Decree;

Article 6. Application of Fine Amounts

1. The application of fine amounts shall be as follows:

a) The fine amounts prescribed in Chapter II of this Decree apply to individuals, except for the cases specified in point b of this clause; the fine amount for organizations shall be twice the fine amount for individuals for the same administrative violation;

b) The fine amounts prescribed in Clause 4, Article 19, Article 20, Article 21, Article 22, Clause 4, Article 26, Article 27, Article 28, Clause 2, Article 30, Article 31, and Article 37 of this Decree apply to organizations;

2. The authority to impose fines as stipulated in Articles 38 and 39 of this Decree applies to individuals. The authority to penalize organizations is twice the authority to penalize individuals for the same position.

Article 7. Determination of the amount of illegal gains

The determination of the amount of illegal gains obtained from implementing administrative violations in the field of land management shall be carried out as follows:

1. In cases where land is used for a different purpose without permission from competent state agencies as stipulated in Articles 9, 10, 11, 12, and 13 of this Decree, the amount of illegal gains obtained from implementing the violation shall be determined by the difference in value between the type of land before and after the violation calculated on the area of land that has changed its intended use during the period of violation (from the time the land use purpose was changed to the time the administrative violation record was established). The land value before and after the violation is determined by multiplying the land price from the provincial People's Committee's land price table by the adjustment factor at the time of changing the land use purpose (for the pre-violation land price) and at the time of establishing the administrative violation record (for the post-violation land price). The gain from changing the land use purpose is calculated using the following formula:

Gain from violation	=	Value of the area of land violated according to the type of land after changing the land use purpose (G2)	-		Value of the area of land violated according to the type of land before changing the land use purpose (G1)		x	Number of years of violation
		Total time of land use according to the land price table for the type of land after changing the land use purpose under the limited-term land use system; in cases of unlimited-term land use, the time is calculated as 70 years
G (1,2)	=	Area of land violated		x		Specific land price determined by the method of adjusting land price factors

The type of land before the violation is determined according to Article 3 of Decree No. 43/2014/NĐ-CP and amended and supplemented in Clause 1, Article 2 of Decree No. 01/2017/NĐ-CP; the type of land after the violation is determined based on the actual condition at the time of establishing the administrative violation record.

2. In cases of land encroachment and occupation as stipulated in Article 14 of this Decree, the amount of illegal gains obtained from implementing the violation shall be determined by the value of the area of encroached and occupied land during the period of violation (from the time of starting to use the encroached and occupied land to the time of establishing the administrative violation record), calculated according to the specific land price by the method of adjusting land price factors for the type of land being used after encroachment and occupation at the time of establishing the administrative violation record, using the following formula:

Gain from violation	=	Area of land violated	x	Specific land price determined by the method of adjusting land price factors	x	Number of years of violation
		Total time of land use according to the land price table for the type of land being used under the limited-term land use system; in cases of unlimited-term land use, the time is calculated as 70 years

3. In cases of transferring or contributing land use rights without meeting the conditions specified in Clause 3, Article 18, Clause 3, Article 19, Clause 1, Article 22, Article 25, and Clause 3, Article 27 of this Decree, it is determined by the actual value of transferring land use rights according to signed contracts, calculated during the period of transfer, but not lower than the value calculated according to the specific land price by the method of adjusting land price factors at the time of establishing the administrative violation record, and using the following formula:

Gain from violation	=	Area of land violated	x	Land price	x	Number of years of violation
		Total time of land use according to the land price table for the type of land transferred under the limited-term land use system; in cases of unlimited-term land use, the time is calculated as 70 years

4. In cases of leasing or subleasing land use rights without meeting the conditions specified in Clause 3, Article 18, Clauses 2 and 4, Article 19, Article 20, and Clause 2, Article 27 of this Decree, it is determined by the actual value of leasing or subleasing land according to signed contracts, calculated during the period of leasing or subleasing, but not lower than the rental value calculated according to the annual rent rate prescribed by law at the time of establishing the administrative violation record multiplied by the area of leased or subleased land (x) with the number of years leased or subleased (where the land price is specifically determined by the method of adjusting land price factors).

5. In cases of transferring land use rights through lot division and sale of plots in investment projects for construction and business of housing as stipulated in Article 21 of this Decree, it is calculated by the difference between the land use fee that the project investor must pay to the State when allocated land (for the area already divided and sold) and the actual value of transferring land use rights of the investor according to signed contracts after deducting infrastructure construction costs (if any).

6. In cases of selling assets attached to land that the State leases with annual rent payments without meeting the conditions stipulated in Article 23 of this Decree, it is determined by the depreciation value of the asset during the period of purchase and sale (calculated according to the value of the asset recorded in the signed purchase and sale contract). The service life of the asset for calculating depreciation is determined according to the provisions of law for the type of asset purchased and sold.

7. In cases of leasing assets attached to land that the State leases with annual rent payments without meeting the conditions stipulated in Article 24 of this Decree, it is determined by the actual value of leasing the asset according to signed contracts, calculated during the period of leasing (from the date of leasing to the time of establishing the administrative violation record).

8. In cases of transferring land use rights, leasing, subleasing land, selling or leasing assets attached to land as stipulated in this Decree, if taxes on income from such transactions have been paid, the amount of illegal gains shall be determined by subtracting the amount of income tax paid from the gains calculated according to Clauses 3, 4, 5, 6, and 7 of this Article.

9. For cases with partial days or months of violation as stipulated in Clauses 1, 2, 3, and 4 of this Article, each day or month is converted to 0.0028 years.Supplement

Article 8. Determination of the area of land violated and the level of administrative penalty for the violation

1. The area of land violated in cases stipulated in this Decree shall be determined as follows:

a) In cases where the entire area of the land plot is violated, it is determined according to the area recorded on the land use right certificate as stipulated in Clauses 1, 2, and 3 of Article 11 of the Land Law;

b) In the case where the entire area of the land plot does not have land use right documents but there is a cadastral map, the cadastral map shall be used to determine; in the case where there is no cadastral map but there is another map that has been or is being used for land management at the local level, such map shall be used to determine.

c) In the case where the entire area of the land plot does not have the documents specified in points a and b of this clause or where part of the area of the land plot is violated, the person performing the inspection and supervision tasks shall be responsible for determining the scope and boundaries of the land in violation; determining the area of the land in violation or requesting a unit with surveying functions (in cases where the area of the land in violation is large and the shape of the land plot is complex, making it impossible to measure manually) to determine the area of the land in violation and record it in the administrative violation report. If the person committing the violation disagrees with the measurement result determined by the inspection agency, they have the right to hire a unit with surveying functions to re-determine the area of the land in violation. The cost of requesting a survey to determine the area of the land in violation shall be borne by the violator.

2. The determination of specific fine amounts for each case shall be based on the penalty framework prescribed in this Decree and mitigating or aggravating circumstances according to the provisions of Article 9 and Article 10 of the Law on Handling Administrative Violations.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES

Article 9. Using paddy land for other purposes without permission from competent state agencies as stipulated in the

points a and d of Clause 1, Article 57 of the Land Law

1. Converting paddy land to perennial crop land or forest land (except for the cases provided for in Clause 7, Article 14 of Decree No. 43/2014/NĐ-CP amended and supplemented by Clause 11, Article 2 of Decree No. 01/2017/NĐ-CP), the form and amount of fines shall be as follows:

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

b) A fine of VND 5,000,000 to VND 10,000,000 if the illegally converted area is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 10,000,000 to VND 20,000,000 if the illegally converted area is from 1 hectare to less than 3 hectares;

d) A fine of VND 20,000,000 to VND 50,000,000 if the illegally converted area is 3 hectares or more.

2. Converting paddy land to aquaculture land or salt production land, the form and amount of fines shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 if the illegally converted area is less than 0.1 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 if the illegally converted area is from 0.1 hectares to less than 0.5 hectares;

c) A fine of VND 10,000,000 to VND 20,000,000 if the illegally converted area is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 20,000,000 to VND 30,000,000 if the illegally converted area is from 1 hectare to less than 3 hectares;

đ) A fine of VND 30,000,000 to VND 70,000,000 if the illegally converted area is 3 hectares or more.

3. Converting paddy land to non-agricultural land in rural areas, the form and amount of fines shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 if the illegally converted area is less than 0.01 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 if the illegally converted area is from 0.01 hectares to less than 0.02 hectares;

c) A fine of VND 10,000,000 to VND 15,000,000 if the illegally converted area is from 0.02 hectares to less than 0.05 hectares;

d) A fine of VND 15,000,000 to VND 30,000,000 if the illegally converted area is from 0.05 hectares to less than 0.1 hectares;

đ) A fine of VND 30,000,000 to VND 50,000,000 if the illegally converted area is from 0.1 hectares to less than 0.5 hectares;

e) A fine of VND 50,000,000 to VND 80,000,000 if the illegally converted area is from 0.5 hectares to less than 1 hectare;

g) A fine of VND 80,000,000 to VND 120,000,000 if the illegally converted area is from 1 hectare to less than 3 hectares;

h) A fine of VND 120,000,000 to VND 250,000,000 if the illegally converted area is 3 hectares or more.

4. Converting paddy land to non-agricultural land in urban areas, the form and amount of fines shall be twice the amount prescribed in Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel restoration of the original condition of the land before the violation for the cases provided for in Clauses 1, 2, 3 and Clause 4 of this Article, except for the cases provided for in point b of this clause;

b) Compel registration of land rights according to regulations for cases meeting the conditions to be recognized as having land use rights according to Article 22 of Decree No. 43/2014/NĐ-CP;

c) Compel the return of illegal profits obtained through the implementation of the violation in the cases provided for in Clauses 1, 2, 3 and Clause 4 of this Article; the amount of illegal profit is determined according to Clause 1, Article 7 of this Decree.

Article 10. The use of special-purpose forest land, protective forest land, and production forest land for other purposes without permission from competent state authorities as prescribed in points c and d, Clause 1, Article 57 of the Land Law

1. In the case of transferring planted special-purpose forest land, planted protective forest land, and planted production forest land to another agricultural purpose within the same group, the form and level of punishment shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 if the illegally transferred area is less than 0.5 hectares;

c) A fine of VND 10,000,000 to VND 20,000,000 if the illegally transferred area is from 1 hectare to less than 5 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 if the illegally converted area is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 20,000,000 to VND 50,000,000 if the illegally transferred area is 5 hectares or more.

2. In the case of transferring planted special-purpose forest land, planted protective forest land, and planted production forest land to non-agricultural land, the form and level of punishment shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 if the illegally transferred area is less than 0.02 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 if the illegally transferred area is from 0.02 hectares to less than 0.05 hectares;

c) A fine of VND 10,000,000 to VND 15,000,000 if the illegally transferred area is from 0.05 hectares to less than 0.1 hectares;

d) A fine of VND 15,000,000 to VND 30,000,000 if the illegally transferred area is from 0.1 hectares to less than 0.5 hectares;

đ) A fine of VND 30,000,000 to VND 50,000,000 if the illegally transferred area is from 0.5 hectares to less than 1 hectare;

e) A fine of VND 50,000,000 to VND 100,000,000 if the illegally transferred area is from 1 hectare to less than 5 hectares;

g) A fine of VND 100,000,000 to VND 250,000,000 if the illegally transferred area is 5 hectares or more.

3. In the case of transferring natural special-purpose forest land, natural protective forest land, and natural production forest land to other purposes, the form and level of punishment shall be twice the corresponding fines stipulated in Clauses 1 and 2 of this Article.

a) Compel the restoration of the original condition of the land before the violation for the cases prescribed in Clauses 1, 2, and 3 of this Article, except for the case prescribed in point b of this clause;

4. Measures to remedy consequences:

c) Compel the return of illegal profits obtained through the violation as prescribed in Clauses 1, 2, and 3 of this Article; the amount of illegal profit is determined according to the provisions of Clause 1, Article 7 of this Decree.

b) Compel registration of land rights according to regulations for cases meeting the conditions to be recognized as having land use rights according to Article 22 of Decree No. 43/2014/NĐ-CP;

Article 11. The use of agricultural land that is not rice-growing land, not protective forest land, not special-purpose forest land, and not production forest land for other purposes without permission from competent state authorities as prescribed in points b and d, Clause 1, Article 57 of the Land Law

1. In the case of transferring annual crop land to brackish water aquaculture land, salt-making land, or aquaculture land in ponds, lakes, or lagoons, the form and level of punishment shall be as follows:

2. In the case of transferring annual crop land, perennial crop land, aquaculture land, salt-making land, or other agricultural land to non-agricultural land in rural areas, the form and level of punishment shall be as follows:

b) A fine of VND 5,000,000 to VND 8,000,000 if the illegally transferred area is from 0.02 hectares to less than 0.05 hectares;

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

b) A fine of VND 5,000,000 to VND 10,000,000 if the illegally converted area is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 10,000,000 to VND 20,000,000 if the illegally converted area is from 1 hectare to less than 3 hectares;

d) A fine of VND 20,000,000 to VND 50,000,000 if the illegally converted area is 3 hectares or more.

c) A fine of VND 8,000,000 to VND 15,000,000 if the illegally transferred area is from 0.05 hectares to less than 0.1 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 if the illegally transferred area is from 0.02 hectares to less than 0.05 hectares;

e) A fine of VND 50,000,000 to VND 100,000,000 if the illegally transferred area is from 1 hectare to less than 3 hectares;

g) A fine of VND 100,000,000 to VND 200,000,000 if the illegally transferred area is 3 hectares or more.

đ) A fine of VND 30,000,000 to VND 50,000,000 if the illegally transferred area is from 0.5 hectares to less than 1 hectare;

e) A fine of VND 50,000,000 to VND 100,000,000 if the illegally transferred area is from 1 hectare to less than 5 hectares;

3. In the case of transferring annual crop land, perennial crop land, aquaculture land, salt-making land, or other agricultural land to non-agricultural land in urban areas, the form and level of punishment shall be twice the fines stipulated in Clause 2 of this Article.

a) Compel the restoration of the original condition of the land before the violation for the cases prescribed in Clause 1, 2, and Clause 3 of this Article, except for the case prescribed in point b of this clause;

3. Converting other annual crop land, perennial crop land, aquaculture land, salt production land, and other agricultural land to non-agricultural land in urban areas shall be subject to a penalty form and level equal to two times the fine amount specified in Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order restoration of the land to its original condition before the violation for cases stipulated in Article 1, Article 2, and Article 3 of this Law, except for cases stipulated in point b of this clause;

b) Compel registration of land rights according to regulations for cases meeting the conditions to be recognized as having land use rights according to Article 22 of Decree No. 43/2014/NĐ-CP;

Article 11. The use of agricultural land that is not rice-growing land, not protective forest land, not special-purpose forest land, and not production forest land for other purposes without permission from competent state authorities as prescribed in points b and d, Clause 1, Article 57 of the Land Law

Article 12. The use of non-agricultural land for purposes other than those permitted by competent state authorities pursuant to points d, e, and g of Clause 1, Article 57 of the Land Law

1. In the case of transferring non-residential non-agricultural land that has been granted by the State with payment of land use fee or leased with one-time payment to residential land in rural areas, the form and level of fines shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 if the area of land in violation is less than 0.05 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 if the area of land in violation is from 0.05 hectares to less than 0.1 hectares;

c) A fine of VND 10,000,000 to VND 20,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

d) A fine of VND 20,000,000 to VND 40,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 40,000,000 to VND 80,000,000 if the area of land in violation is from 1 hectare to less than 3 hectares;

e) A fine of VND 80,000,000 to VND 160,000,000 if the area of land in violation is 3 hectares or more.

2. In the case of transferring non-residential non-agricultural land that has been granted by the State without payment of land use fee or leased annually to residential land; transferring non-residential non-agricultural land that has been granted by the State without payment of land use fee to non-agricultural land granted by the State with payment of land use fee or leased at rural areas, the form and level of fines shall be as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 if the area of land in violation is less than 0.1 hectares;

b) A fine of VND 20,000,000 to VND 40,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

c) A fine of VND 40,000,000 to VND 80,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 80,000,000 to VND 160,000,000 if the area of land in violation is from 1 hectare to less than 3 hectares;

đ) A fine of VND 160,000,000 to VND 300,000,000 if the area of land in violation is 3 hectares or more.

3. In the case of transferring construction land for public services, land used for business purposes among public purposes, production, non-agricultural business land that is not commercial or service land to commercial or service land; transferring commercial or service land, construction land for public services to non-agricultural production base land at rural areas, the form and level of fines shall be as follows:

a) A fine of VND 7,000,000 to VND 15,000,000 if the area of land in violation is less than 0.1 hectares;

b) A fine of VND 15,000,000 to VND 30,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

c) A fine of VND 30,000,000 to VND 60,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 60,000,000 to VND 120,000,000 if the area of land in violation is from 1 hectare to less than 3 hectares;

đ) A fine of VND 120,000,000 to VND 250,000,000 if the area of land in violation is 3 hectares or more.

4. In the case of using non-agricultural land for purposes other than those permitted by competent state authorities in urban areas, the level of fines shall be twice the level of fines stipulated in Clauses 1, 2, and 3 of this Article for each type of land, and the maximum fine shall not exceed VND 500,000,000 for individuals and VND 1,000,000,000 for organizations.

a) Compel restoration of the original condition of the land before the violation for cases stipulated in Clauses 1, 2, 3, and 4 of this Article, except for the case stipulated in point b of this clause;

5. Measures to remedy consequences:

a) Order restoration of the land to its original condition before the violation for cases stipulated in Article 1, Article 2, Article 3, and Article 4 of this Law, except for cases stipulated in point b of this clause;

b) Compel registration of land rights according to regulations for cases meeting the conditions to be recognized as having land use rights according to Article 22 of Decree No. 43/2014/NĐ-CP;

c) Compel the return of illegal profits obtained through the implementation of the violation in the cases provided for in Clauses 1, 2, 3 and Clause 4 of this Article; the amount of illegal profit is determined according to Clause 1, Article 7 of this Decree.

Article 13. Conversion of crop structure on paddy land not in accordance with regulations; using land for other purposes that require registration but have not been registered in accordance with the provisions

1. Conversion of crop structure on paddy land meeting the conditions stipulated in Clause 1, Article 4 of Decree No. 35/2015/NĐ-CP (amended and supplemented in Clause 1, Article 1 of Decree No. 62/2019/NĐ-CP) but not registering with the People's Committee at the commune level shall be subject to the following forms and levels of fines:

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

b) A fine of VND 2,000,000 to VND 5,000,000 if the converted area is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 5,000,000 to VND 10,000,000 if the converted area is 1 hectare or more.

2. Conversion of crop structure on paddy land violating the conditions stipulated in Clause 1, Article 4 of Decree No. 35/2015/NĐ-CP (amended and supplemented in Clause 1, Article 1 of Decree No. 62/2019/NĐ-CP) shall be subject to the following forms and levels of fines:

a) A fine of VND 2,000,000 to VND 4,000,000 if the converted area is less than 0.5 hectares;

b) A fine of VND 4,000,000 to VND 8,000,000 if the converted area is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 8,000,000 to VND 15,000,000 if the converted area is 1 hectare or more.

3. Changing the purpose of land use among types of agricultural land that require registration for changing the purpose of land use but have not been registered in accordance with the provisions shall be subject to the following forms and levels of fines:

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

b) A fine of VND 5,000,000 to VND 10,000,000 if the converted area is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 10,000,000 to VND 20,000,000 if the converted area is from 1 hectare to less than 3 hectares;

d) A fine of VND 20,000,000 to VND 50,000,000 if the converted area is 3 hectares or more.

4. Changing the purpose of land use among types of non-agricultural land that require registration for changing the purpose of land use according to the provisions but have not been registered shall be subject to the following forms and levels of fines:

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

b) A fine of VND 10,000,000 to VND 20,000,000 if the converted area is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 20,000,000 to VND 50,000,000 if the converted area is from 1 hectare to less than 3 hectares;

d) A fine of VND 50,000,000 to VND 100,000,000 if the converted area is 3 hectares or more.

5. Measures to remedy consequences:

a) Compel the restoration of the original condition of the land before the violation, except in cases provided for in points b, c, and d of this clause;

b) Compel the registration of the conversion of crop structure with the People's Committee at the commune level for the case stipulated in Clause 1 of this Article;

c) Compel the registration of the change in the purpose of land use in accordance with the provisions for the plot of land that has been issued a Certificate of Land Use Right for the cases stipulated in Clauses 3 and 4 of this Article;

d) Compel the registration of land in accordance with the provisions for the plot of land that has not been issued a Certificate of Land Use Right for the cases stipulated in Clauses 3 and 4 of this Article;

đ) Compel the return of illegal profits obtained from the implementation of the violation in the cases stipulated in Clauses 3 and 4 of this Article; the amount of illegal profit is determined in accordance with Clause 1, Article 7 of this Decree.

Article 14. Encroachment on land

1. In cases of encroachment on unused land in rural areas, the form and level of punishment shall be as follows:

a) A fine of VND 2,000,000 to VND 3,000,000 for an encroached area less than 0.05 hectares;

b) A fine of VND 3,000,000 to VND 5,000,000 for an encroached area from 0.05 hectares to less than 0.1 hectares;

c) A fine of VND 5,000,000 to VND 15,000,000 for an encroached area from 0.1 hectares to less than 0.5 hectares;

d) A fine of VND 15,000,000 to VND 30,000,000 for an encroached area from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 30,000,000 to VND 70,000,000 for an encroached area of 1 hectare or more.

2. In cases of encroachment on agricultural land that is not rice-growing land, special-use forest land, protective forest land, or production forest land in rural areas, the form and level of punishment shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 for an encroached area less than 0.05 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 for an encroached area from 0.05 hectares to less than 0.1 hectares;

c) A fine of VND 10,000,000 to VND 30,000,000 for an encroached area from 0.1 hectares to less than 0.5 hectares;

d) A fine of VND 30,000,000 to VND 50,000,000 for an encroached area from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 50,000,000 to VND 120,000,000 for an encroached area of 1 hectare or more.

3. In cases of encroachment on agricultural land that is rice-growing land, special-use forest land, protective forest land, or production forest land in rural areas, the form and level of punishment shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 for an encroached area less than 0.02 hectares;

b) A fine of VND 5,000,000 to VND 7,000,000 for an encroached area from 0.02 hectares to less than 0.05 hectares;

c) A fine of VND 7,000,000 to VND 15,000,000 for an encroached area from 0.05 hectares to less than 0.1 hectares;

d) A fine of VND 15,000,000 to VND 40,000,000 for an encroached area from 0.1 hectares to less than 0.5 hectares;

đ) A fine of VND 40,000,000 to VND 60,000,000 for an encroached area from 0.5 hectares to less than 1 hectare;

e) A fine of VND 60,000,000 to VND 150,000,000 for an encroached area of 1 hectare or more.

4. In cases of encroachment on non-agricultural land, except for the cases provided for in Clause 6 of this Article, in rural areas, the form and level of punishment shall be as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 if the encroached area is less than 0.05 hectares;

b) A fine of VND 20,000,000 to VND 40,000,000 if the encroached area is from 0.05 hectares to less than 0.1 hectares;

c) A fine of VND 40,000,000 to VND 100,000,000 if the encroached area is from 0.1 hectares to less than 0.5 hectares;

d) A fine of VND 100,000,000 to VND 200,000,000 if the encroached area is from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 200,000,000 to VND 500,000,000 if the encroached area is 1 hectare or more.

5. In cases of encroachment on unused land, agricultural land, and non-agricultural land (except for the cases provided for in Clause 6 of this Article) in urban areas, the level of punishment shall be twice the level of punishment for the corresponding type of land as prescribed in Clauses 1, 2, 3, and 4 of this Article, with the maximum fine not exceeding VND 500,000,000 for individuals and not exceeding VND 1,000,000,000 for organizations.

6. In cases of encroachment on land within the protection zone of safety works, land of works with protection zones, office premises, and activity bases of agencies and organizations as stipulated by laws on state asset management and use, the form and level of punishment shall be implemented according to the provisions of laws on administrative penalties in the fields of investment construction activities; exploitation, processing, trading of construction materials; production and trading of construction materials; management of technical infrastructure works; real estate business, housing development, management and use of houses and offices; traffic roads and railways; culture, sports, tourism, and advertising; water conservancy works exploitation and protection; dike and flood control; storm prevention; state asset management and other specialized fields.

7. Measures to remedy consequences:

a) Compel restoration of the original condition of the land before the violation for violations under Clauses 1, 2, 3, 4, and 5 of this Article and compel return of the encroached land, except for the cases provided for in points b and c of this clause;

b) Compel registration of land rights according to regulations for cases meeting the conditions to be recognized as having land use rights according to Article 22 of Decree No. 43/2014/NĐ-CP;

c) Compel continuation of the land allocation and lease procedures as prescribed for cases of land use without completion of the land allocation and lease procedures;

d) Compel repayment of illegal gains obtained through the implementation of violations under Clauses 1, 2, 3, 4, and 5 of this Article; illegal gains are determined according to the provisions of Clause 2 of Article 7 of this Decree.

Article 15. Destruction of Land

1. In cases where the topography is altered or the quality of the land is reduced, the form and level of punishment shall be as follows:

a) A fine of VND 2,000,000 to VND 5,000,000 if the area of destroyed land is less than 0.05 hectares;

b) A fine of VND 5,000,000 to VND 10,000,000 if the area of destroyed land is from 0.05 hectares to less than 0.1 hectares;

c) A fine of VND 10,000,000 to VND 30,000,000 if the area of destroyed land is from 0.1 hectares to less than 0.5 hectares;

d) A fine of VND 30,000,000 to VND 60,000,000 if the area of destroyed land is from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 60,000,000 to VND 150,000,000 if the area of destroyed land is 1 hectare or more.

2. In cases of causing pollution, the form and level of punishment shall be implemented according to the provisions of the law on administrative penalties in the field of environmental protection.

3. Measures to remedy consequences for violations stipulated in Clause 1 of this Article:

Obligation to restore the initial state of the land before the violation. If the violator does not comply, the State shall recover the land according to the provisions at point b, Clause 1, Article 64 of the Land Law.

Article 16. Obstructing or Causing Damage to Others' Land Use

1. Warning or a fine of VND 1,000,000 to VND 3,000,000 for cases where construction materials or other objects are placed on another person's plot or on one’s own plot, thereby obstructing or causing damage to others' land use.

2. A fine of VND 3,000,000 to VND 5,000,000 for cases where waste or harmful substances are placed on another person's plot or on one’s own plot, thereby obstructing or causing damage to others' land use.

3. A fine of VND 5,000,000 to VND 10,000,000 for cases where digging, building walls, or constructing fences obstructs or causes damage to others' land use.

4. Measures to remedy consequences:

Obligation to restore the initial state of the land before the violation for cases stipulated in Clauses 1, 2, and 3 of this Article.

Article 17. Failure to Register Land

1. In cases of failing to initially register land as prescribed at point b, Clause 3, Article 95 of the Land Law in rural areas, the form and level of punishment shall be as follows:

a) Warning or a fine of VND 500,000 to VND 1,000,000 if within 24 months from the date this Decree takes effect, the initial land registration has not been carried out;

b) A fine of VND 1,000,000 to VND 2,000,000 if beyond 24 months from the date this Decree takes effect, the initial land registration has not been carried out.

2. In cases of failing to register changes in land as prescribed at points a, b, h, i, k, and l, Clause 4, Article 95 of the Land Law in rural areas, the form and level of punishment shall be as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 if within 24 months from the date exceeding the time limit specified in Clause 6, Article 95 of the Land Law, the change in land registration has not been carried out;

b) A fine of VND 2,000,000 to VND 5,000,000 if beyond 24 months from the date exceeding the time limit specified in Clause 6, Article 95 of the Land Law, the change in land registration has not been carried out.

3. In cases of failing to initially register land and failing to register changes in land in urban areas, the level of punishment shall be twice the level of punishment for each corresponding case as stipulated in Clauses 1 and 2 of this Article.

4. Measures to remedy consequences:

Obligation for those currently using the land in cases of failing to initially register land and failing to register changes in land to complete the land registration procedures as prescribed.

Article 18. Transfer of land use rights, leasing, mortgaging of land use rights when not meeting the conditions stipulated in

Clause 1 of Article 188 of the Land Law

1. In cases where households or individuals transfer agricultural land use rights to other households or individuals, the form and level of punishment shall be as follows:

a) A fine of VND 500,000 to VND 1,000,000 for the case of transferring agricultural land use rights between households or individuals without meeting one of the conditions stipulated in Clause 1 of Article 188 and Article 190 of the Land Law;

b) A fine of VND 1,000,000 to VND 2,000,000 for the case of not meeting two or more conditions stipulated in Clause 1 of Article 188 and Article 190 of the Land Law.

2. In cases of mortgaging land use rights without meeting the conditions, the form and level of punishment shall be as follows:

a) A fine of VND 500,000 to VND 1,000,000 for the case of not meeting one of the conditions stipulated in Clause 1 of Article 188 of the Land Law;

b) A fine of VND 1,000,000 to VND 3,000,000 for the case of not meeting two or more conditions stipulated in Clause 1 of Article 188 of the Land Law.

3. In cases of transferring, giving as gifts, leasing, subleasing, contributing capital with land use rights without meeting the conditions, the form and level of punishment shall be as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 in rural areas, and VND 5,000,000 to VND 10,000,000 in urban areas for the case of not meeting one of the conditions stipulated in Clause 1 of Article 188 of the Land Law;

b) A fine of VND 5,000,000 to VND 10,000,000 in rural areas, and VND 10,000,000 to VND 20,000,000 in urban areas for the case of not meeting two or more conditions stipulated in Clause 1 of Article 188 of the Land Law.

4. Measures to remedy consequences:

a) Compel the recipient of the land use right transfer or the lessee to return the land to the land user before receiving the transfer or lease; except for the cases provided for in points b and c of this clause;

b) Compel the recipient of the land use right transfer to complete the land registration procedures as prescribed for the case of receiving a land use right transfer without a Certificate of Land Use Right but having the conditions to obtain a Certificate of Land Use Right according to Clause 1 of Article 82 of Decree No. 43/2014/ND-CP, amended and supplemented by Clause 54 of Article 2 of Decree No. 01/2017/ND-CP;

c) Compel the recipient of the land use right transfer to complete the land registration procedures as prescribed for the case of receiving a land use right transfer from an organization that has been dissolved or declared bankrupt, or from an individual who has moved elsewhere and whose address cannot be determined at the time of discovering the violation, or who has died or been declared dead by the court without a legitimate heir;

d) Compel the refund of the proceeds from the sale, lease, or sublease of the land during the remaining period of land use;

đ) Compel the transferor, lessor, sublessor, or contributor of land use rights to pay the illegal profit obtained from the implementation of the act of transferring land use rights or leasing land without meeting the conditions during the period of violation; the amount of illegal profit is determined according to Clauses 3 and 4 of Article 7 of this Decree;

e) Reclaim the land for the case of receiving a land use right transfer or lease granted, leased, or recognized by the State but which has expired and not been extended according to point d of Clause 1 of Article 65 of the Land Law;

g) Compel the termination of the mortgage contract using land use rights for the case stipulated in Clause 2 of this Article.

Article 19. Transfer of rights, leasing, subleasing, mortgaging of land not falling under cases permitted for transfer, leasing, or mortgaging as prescribed by

Land Law

1. In cases of conversion or mortgaging of land that has been granted by the State or recognized with the right to use land in the form of grant without payment of land use fee (except agricultural land of households or individuals), land leased by the State with annual rent payments, land granted or recognized with the right to use land in the form of grant with payment or lease with one-time payment but not yet fulfilling financial obligations or money paid from the state budget, the form and level of fines shall be as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 if the area of land in violation is less than 0.05 hectares;

b) A fine of VND 2,000,000 to VND 5,000,000 if the area of land in violation is from 0.05 hectares to less than 0.1 hectares;

c) A fine of VND 5,000,000 to VND 10,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

d) A fine of VND 10,000,000 to VND 20,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 20,000,000 to VND 50,000,000 if the area of land in violation is 1 hectare or more.

2. In cases of leasing or subleasing the right to use land for land granted by the State without payment of land use fee or recognized with the right to use land in the form of grant without payment of land use fee (except agricultural land of households or individuals) or land leased by the State with annual rent payments or land granted with payment or lease with one-time payment but not yet fulfilling financial obligations or money paid from the state budget and cases of gratuitous transfer of the right to use land to non-designated recipients in rural areas, the form and level of fines shall be as follows:

a) A fine of VND 2,000,000 to VND 5,000,000 if the area of land in violation is less than 0.05 hectares;

b) A fine of VND 5,000,000 to VND 7,000,000 if the area of land in violation is from 0.05 hectares to less than 0.1 hectares;

c) A fine of VND 7,000,000 to VND 15,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

d) A fine of VND 15,000,000 to VND 20,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 20,000,000 to VND 50,000,000 if the area of land in violation is 1 hectare or more.

3. In cases of transferring, gratuitously giving, or contributing capital with the right to use land for land granted by the State without payment of land use fee, recognized with the right to use land in the form of grant without payment of land use fee (except agricultural land of households or individuals), land leased by the State with annual rent payments, land granted with payment or lease with one-time payment but not yet fulfilling financial obligations or money paid from the state budget and cases of gratuitous transfer of the right to use land to non-designated recipients in rural areas, the form and level of fines shall be as follows:

a) A fine of VND 3,000,000 to VND 7,000,000 if the area of land in violation is less than 0.05 hectares;

b) A fine of VND 7,000,000 to VND 10,000,000 if the area of land in violation is from 0.05 hectares to less than 0.1 hectares;

d) A fine of VND 20,000,000 to VND 40,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 20,000,000 to VND 30,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

đ) A fine of VND 30,000,000 to VND 100,000,000 if the area of land in violation is 1 hectare or more.

4. Public service units that have been leased land by the State with one-time payment for the entire lease period and the land lease payment does not originate from the state budget, if they carry out transfer, sublease, gratuitous giving, mortgaging, or contributing capital with the right to use land without written approval from the competent state agency in rural areas, the form and level of fines shall be as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 if the area of land in violation is less than 0.1 hectares;

b) A fine of VND 10,000,000 to VND 20,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

c) A fine of VND 20,000,000 to VND 50,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 50,000,000 to VND 100,000,000 if the area of land in violation is 1 hectare or more.

5. In cases of transferring, gratuitously giving, contributing capital with the right to use land, leasing, or subleasing land not falling under cases permitted for transfer, leasing, or subleasing as prescribed by land laws in urban areas, the level of fines shall be twice the level of fines stipulated for corresponding cases in Articles 2, 3, and 4 of this Article.

6. Measures to remedy consequences:

a) Compel the transferee, lessee in the cases stipulated in Articles 1, 2, 3, 4, and 5 of this Article to return the land to the previous land user before the transfer of rights. In cases of transferring or gratuitously giving the right to use land, the State shall recover the land according to point d, Clause 1, Article 64 of the Land Law;

b) Compel the transferor, contributor of capital with the right to use land, land lessor to pay the unlawful profit obtained from carrying out the acts of transferring, leasing, subleasing land, or contributing capital with the right to use land during the period of violation; the amount of unlawful profit is determined according to Clauses 3 and 4, Article 7 of this Decree;

c) Compel the repayment of the transfer price, rental price, subrental price of land (in the case of leasing land with one-time payment for the entire lease period) during the remaining period of land use according to civil law regulations;

d) Compel the termination of the mortgage contract using the right to use land in the case stipulated in Clause 1 of this Article.

Article 20. A land user who is granted land on lease from the State to pay annual rent for the purpose of investing in infrastructure development in industrial zones, industrial clusters, export processing zones, and subsequently subleasing the land shall be required to pay the rent in one lump sum from the date this Decree takes effect in 2013.

Land Law

Effective from 2013

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for cases where the area of land in violation is less than 0.5 hectares.

2. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed for cases where the area of land in violation is from 0.5 hectares to less than 1 hectare.

3. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for cases where the area of land in violation is from 1 hectare to less than 5 hectares.

4. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed for cases where the area of land in violation is 5 hectares or more.

5. Measures to remedy consequences:

a) Compel the land user responsible for developing infrastructure in industrial zones, industrial clusters, and export processing zones to re-sign the land lease contract with the State in the form of paying rent in one lump sum for the remaining period of the area of land in violation; the payment of rent in one lump sum shall be carried out in accordance with the provisions of the Land Law.

b) Compel the land user responsible for developing infrastructure in industrial zones, industrial clusters, and export processing zones to pay the unlawful profit obtained from the act of leasing land with one-time rent during the period of violation; the amount of unlawful profit shall be determined according to Clause 4, Article 7 of this Decree.

Article 21. Transfer of land use rights through subdivision and sale of plots in projects for investment in construction and business of housing

1. In cases where the transfer of land use rights through subdivision and sale of plots in projects for investment in construction and business of housing for sale or sale combined with lease does not meet one of the conditions stipulated in Clause 1, Article 41 of Decree No. 43/2014/ND-CP or meets all the conditions stipulated in Clause 1, Article 41 of Decree No. 43/2014/ND-CP but has not been approved by the provincial People's Committee according to Point a, Clause 1, Article 194 of the Land Law, the form and level of punishment shall be as follows:

a) A fine of VND 20,000,000 to VND 50,000,000 shall be imposed for the area of land transferred less than 0.5 hectares;

b) A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for the area of land transferred from 0.5 hectares to less than 1 hectare;

c) A fine of VND 100,000,000 to VND 200,000,000 shall be imposed for the area of land transferred from 1 hectare to less than 3 hectares;

d) A fine of VND 200,000,000 to VND 500,000,000 shall be imposed for the area of land transferred 3 hectares or more.

2. In cases where the transfer of land use rights through subdivision and sale of plots in projects for investment in construction and business of housing for sale or sale combined with lease does not meet two or more conditions stipulated in Clause 1, Article 41 of Decree No. 43/2014/ND-CP, the form and level of punishment shall be as follows:

a) A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for the area of land transferred less than 0.5 hectares;

b) A fine of VND 100,000,000 to VND 200,000,000 shall be imposed for the area of land transferred from 0.5 hectares to less than 1 hectare;

c) A fine of VND 200,000,000 to VND 500,000,000 shall be imposed for the area of land transferred from 1 hectare to less than 3 hectares;

d) A fine of VND 500,000,000 to VND 1,000,000,000 shall be imposed for the area of land transferred 3 hectares or more.

3. In cases where the transfer of land use rights through subdivision and sale of plots without establishing a project for investment in construction and business of housing for sale or sale combined with lease, the punishment shall be carried out according to Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government on administrative penalties for violations in investment construction activities, exploitation, processing, trading of construction materials, production and trading of construction materials; management of technical infrastructure works; real estate trading, housing development, management and use of houses and offices.

4. Measures to remedy consequences:

a) Compel the land user to complete the procedures to obtain permission from the provincial People's Committee for subdivision and sale of plots in cases where there is no approval document from the provincial People's Committee according to Clause 1, Article 194 of the Land Law;

b) Compel the investor to complete the construction of infrastructure according to the detailed planning at a scale of 1/500 that has been approved; fulfill financial obligations related to land for cases where the conditions stipulated in Points b and c, Clause 1, Article 41 of Decree No. 43/2014/ND-CP are not met;

c) Compel the investor to take responsibility for completing the construction of houses according to the approved design for cases where the conditions stipulated in Point d, Clause 1, Article 41 of Decree No. 43/2014/ND-CP are not met;

d) Compel the investor to return the unlawful profit obtained from the violation, the amount of unlawful profit shall be determined according to Clause 5, Article 7 of this Decree.

Article 22. Transfer of land use rights together with the transfer of part or all of an investment project without meeting the conditions stipulated in

Article 42 and Article 42a of Decree No. 43/2014/NĐ-CP amended and supplemented by Clause 26 of Article 2 of Decree No. 01/2017/NĐ-CP

1. In cases where land use rights are transferred together with the transfer of part or all of an investment project before obtaining a Certificate of Land Use Right, when the land is in dispute, being seized for enforcement of judgments, has exceeded its usage period but not extended by the competent authority, or has not completed related financial obligations concerning the transferred land area, the form and level of penalty shall be as follows:

a) A fine of VND 50,000,000 to VND 100,000,000 for the transferred land area under 01 hectare;

b) A fine of VND 100,000,000 to VND 200,000,000 for the transferred land area from 01 hectare to under 03 hectares;

c) A fine of VND 200,000,000 to VND 500,000,000 for the transferred land area from 03 hectares to under 05 hectares;

d) A fine of VND 500,000,000 to VND 1,000,000,000 for the transferred land area of 05 hectares or more.

2. A fine of VND 50,000,000 to VND 100,000,000 for the case where the transferee accepts the transfer of land use rights together with the transfer of part or all of an investment project without having a business field suitable for the purpose of land use and the investment project's objectives; does not implement a deposit as prescribed by laws on investment; does not have sufficient financial capacity as stipulated in Clause 2 of Article 14 of Decree No. 43/2014/NĐ-CP; and does not violate provisions of laws on land regarding the use of land granted or leased by the State for other investment projects.

3. In cases where land use rights are transferred together with the transfer of part or all of an investment project before completing the corresponding infrastructure works according to the progress recorded in the approved project (for commercial housing investment projects and investment projects to construct infrastructure for transfer or lease), penalties shall be imposed as prescribed in Decree No. 139/2017/NĐ-CP.

4. Measures to remedy consequences:

a) Compel the person who commits the violation as stipulated in Clause 1 of this Article to pay the unlawful profit obtained during the period of violation; the amount of unlawful profit is determined as prescribed in Clause 3 of Article 7 of this Decree;

b) Compel the transferee to return the transferred land area due to committing the violation as stipulated in Clauses 1 and 2 of this Article, except in the case prescribed at point c of this clause. The refund of the transfer price between the parties shall be carried out in accordance with civil law regulations.

c) Reclaim the land as prescribed in point d of Clause 1 of Article 65 of the Land Law for the case where the transferee accepts the transfer of land use rights as stipulated in Clause 1 of this Article and the land had already exceeded its usage period but was not extended before the transfer.

Article 23. Sale or purchase of assets attached to land leased by the State with annual rent payment without meeting the conditions stipulated in

Article 189 of the Land Law

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the case where a person purchases assets attached to land leased by the State for annual rent when such purchaser has an inappropriate business activity for the investment project or lacks financial capacity to implement the investment project or violates the provisions of the law on land when the land was previously granted or leased by the State for implementation of the project.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the case where assets attached to land leased by the State for annual rent are sold when such assets were illegally established or have not completed construction according to the detailed planning and approved investment project.

3. Measures to remedy consequences:

a) Order completion of construction in cases where construction has not been completed according to the detailed planning and approved investment project before transferring as provided for in Clause 2 of this Article.

b) Order termination of the purchase and sale contract of assets attached to land in cases stipulated in Clause 1 of this Article and in cases where purchased or sold assets were illegally established as provided for in Clause 2 of this Article; the resolution of rights of the parties involved in terminating the purchase and sale contract shall be carried out in accordance with the Civil Code.

c) Order the seller to return the illegal profit obtained from the violation as provided for in Clauses 1 and 2 of this Article; the amount of illegal profit shall be determined in accordance with Clause 6 of Article 7 of this Decree.

d) Handle the illegally established assets attached to leased land as provided for in Clause 2 of this Article in accordance with the Construction Law.

Article 24. Leasing assets attached to land leased by the State for annual rent without meeting the conditions prescribed in

Article 38a of Decree No. 43/2014/NĐ-CP amended and supplemented by Clause 24 of Article 2 of Decree No. 01/2017/NĐ-CP

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the case where one of the conditions prescribed by the law on real estate business is missing.

2. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed on the case where two or more conditions prescribed by the law on real estate business are missing.

3. Measures to remedy consequences:

a) Order compliance with all conditions prescribed by the law on real estate business.

b) Order termination of the lease contract of assets attached to land in cases where the conditions prescribed by the law on real estate business are not met.

c) Order the return of illegal profit obtained from the violation as provided for in Clauses 1 and 2 of this Article; the amount of illegal profit shall be determined in accordance with Clause 7 of Article 7 of this Decree.

Article 25. Transfer or gift of conditional land use rights of households and individuals without meeting the conditions prescribed in

Article 192 of the Land Law

1. A warning or a fine of VND 1,000,000 to VND 3,000,000 shall be imposed on households and individuals who violate the following cases:

a) Households and individuals living intermixed within strictly protected zones and ecological restoration zones of special-use forests but have not yet had the conditions to move out of these zones and transfer or gift residential land use rights or agricultural and forestry production land use rights combined with aquaculture to households and individuals living outside these zones.

b) Households and individuals granted residential land use rights or agricultural production land use rights within protective forest areas by the State and transfer or gift residential land use rights or agricultural production land use rights to households and individuals not residing within these protective forest areas.

c) Households and individuals belonging to ethnic minorities using land granted by the State under national support policies who transfer or gift land use rights before ten years from the date of the land grant decision or after ten years from the date of the land grant decision but have not been confirmed by the People's Committee of the commune, ward, or town where they reside that they no longer need the land due to moving to another place or changing occupation or losing their ability to work.

2. Measures to remedy consequences:

Order the return of illegal profit obtained from the violation as provided for in Clause 1 of this Article; the amount of illegal profit shall be determined in accordance with Clause 3 of Article 7 of this Decree.

Article 26. Accepting transfer or gift of land use rights with conditions without meeting the requirements stipulated in

Articles 191 and 192 of the Land Law

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on households and individuals accepting the transfer or gift of residential land or agricultural land within the special-use protection forest area, strict protection zone, and ecological restoration zone of the special-use forest where they do not reside.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on households and individuals who do not directly engage in agricultural production but accept the transfer or gift of rice cultivation land.

3. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed on households and individuals accepting the transfer or gift of land use rights from households and individuals of ethnic minorities using land allocated by the State under the State's support policy for ten years from the date of the land allocation decision.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on organizations accepting the transfer of land use rights for rice cultivation, protective forest land, and special-use forest land from households and individuals, except in cases where the purpose of land use has been changed according to the approved land use planning and plan by competent state authorities.

5. Measures to remedy consequences:

a) Order to return the transferred land area as a result of violating the provisions of Clauses 1, 2, 3, and 4 of this Article, except in the case provided for in point b of Clause 7 of this Article;

b) In the case of transferring land use rights as stipulated in Clause 1 of this Article, if the transferring party no longer resides in the special-use protection forest or special-use forest area, the State shall reclaim the land in accordance with the law.

Article 27. Transfer and acceptance of transfer of religious facilities not in compliance with the

Land Law

1. In the case of conversion or mortgage of land use rights, the form and level of punishment shall be as follows:

a) A fine of VND 3,000,000 to VND 10,000,000 if the area of land violated is less than 0.1 hectares;

b) A fine of VND 10,000,000 to VND 20,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

c) A fine of VND 20,000,000 to VND 40,000,000 if the area of land violated is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 40,000,000 to VND 100,000,000 if the area of land violated is 1 hectare or more.

2. In the case of leasing land use rights, the form and level of punishment shall be as follows:

a) A fine of VND 5,000,000 to VND 15,000,000 if the area of land violated is less than 0.1 hectares;

c) A fine of VND 30,000,000 to VND 60,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 30,000,000 to VND 50,000,000 if the area of land violated is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 50,000,000 to VND 120,000,000 if the area of land violated is 1 hectare or more.

3. In the case of transferring, gifting, or contributing land use rights as capital, the form and level of punishment shall be as follows:

a) A fine of VND 10,000,000 to VND 25,000,000 if the area of land violated is less than 0.1 hectares;

b) A fine of VND 25,000,000 to VND 50,000,000 if the area of land violated is from 0.1 hectares to less than 0.5 hectares;

c) A fine of VND 50,000,000 to VND 80,000,000 if the area of land violated is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 80,000,000 to VND 200,000,000 if the area of land violated is 1 hectare or more.

4. In the case of renting land, the form and level of punishment shall be implemented at 70% of the fines prescribed in Clause 2 of this Article. In the case of accepting the transfer or gift of land use rights, the form and level of punishment shall be implemented at 70% of the fines prescribed in Clause 3 of this Article.

5. Measures to remedy consequences:

a) Order the recipient of the transferred rights, the lessee in the cases stipulated in Clauses 1, 2, 3, and 4 of this Article to return the land to the transferring party, the lessor;

b) Order the transferrer, the lessor to pay the illegal gains obtained in the cases of transferring land use rights and leasing land as stipulated in Clauses 2 and 3 of this Article; the amount of illegal gains shall be determined in accordance with Clauses 3 and 4 of Article 7 of this Decree;

c) Order the refund of the transfer price, lease payment already received (in the case of receiving once for the entire lease period) during the remaining period of land use in accordance with civil law regulations.

d) Compel the termination of the mortgage contract using the right to use land in the case stipulated in Clause 1 of this Article.

Article 28. Accepting transfer, contribution, or lease of agricultural land use rights to implement non-agricultural production and business projects without meeting the conditions stipulated in

Article 193 of the Land Law

1. In cases where accepting transfer, contribution, or lease of agricultural land use rights to implement non-agricultural production and business projects without having the approval document from the competent state agency or the purpose of land use for the project does not comply with the approved land use plan, the form and level of penalty shall be as follows:

a) A fine of VND 5,000,000 to VND 15,000,000 if the area of land violated is less than 0.1 hectares;

c) A fine of VND 30,000,000 to VND 60,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 60,000,000 to VND 120,000,000 if the area of land in violation is from 1 hectare to less than 3 hectares;

d) A fine of VND 60,000,000 to VND 150,000,000 if the area of land in violation is from 01 hectare to less than 03 hectares;

đ) A fine of VND 150,000,000 to VND 300,000,000 if the area of land in violation is 03 hectares or more.

2. In cases where accepting transfer, contribution, or lease of agricultural land use rights to implement non-agricultural production and business projects without meeting both conditions stipulated in Clause 1 of this Article, the form and level of penalty shall be applied at 1.5 times the level of penalty prescribed in Clause 1 of this Article.

3. In cases where accepting transfer, contribution, or lease of specialized rice-growing land to implement non-agricultural production and business projects without paying the amount of money as prescribed in Clause 3 of Article 134 of the Land Law, the form and level of penalty shall be implemented according to the provisions of Article 106 of the Tax Management Law and Decree No. 129/2013/NĐ-CP dated October 16, 2013 of the Government on administrative penalties for tax violations and enforcement of administrative decisions on taxes.

4. Measures to remedy consequences:

a) Order to complete the procedures to obtain the approval document from the competent state agency for cases of accepting transfer, contribution, or lease of agricultural land use rights to implement projects;

b) Order to return the land for cases where the transferred, contributed, or leased land use rights do not comply with the approved land use plan.

Article 29. Accepting transfer of agricultural land use rights exceeding the limit prescribed in

Article 130 of the Land Law and Article 44 of Decree No. 43/2014/NĐ-CP

1. The act of accepting transfer of agricultural land use rights exceeding the limit prescribed by the laws on land shall be subject to the following forms and levels of penalty:

a) Warning or a fine of VND 1,000,000 to VND 3,000,000 for cases where the area of land accepted for transfer exceeds the limit under 01 hectare;

b) A fine of VND 3,000,000 to VND 10,000,000 for cases where the area of land accepted for transfer exceeds the limit from 01 hectare to 03 hectares;

c) A fine of VND 10,000,000 to VND 20,000,000 for cases where the area of land accepted for transfer exceeds the limit from 03 hectares to 05 hectares;

d) A fine of VND 20,000,000 to VND 50,000,000 for cases where the area of land accepted for transfer exceeds the limit over 05 hectares.

2. Measures to remedy consequences:

Order to return the excess area of land received due to the violation of the provisions of Clause 1 of this Article. In cases where it is not possible to return the land received, the State shall recover the land according to the provisions of Point d Clause 1 of Article 64 of the Land Law.

Article 30. Accepting the transfer of land use rights or leasing land in violation of Articles 153 and 169 of the Land Law and Article 39 of Decree No. 43/2014/NĐ-CP

Article 153 and Article 169 of the Land Law and Article 39 of Decree No. 43/2014/NĐ-CP

1. In cases where Vietnamese persons residing abroad who are eligible to own houses in Vietnam accept the transfer of residential land use rights without a house that does not belong to a housing development project or accept the transfer of non-residential land use rights outside industrial zones, clusters of industrial zones, export processing zones, high-tech parks, and economic zones, the form and level of punishment shall be as follows:

b) A fine of VND 20,000,000 to VND 40,000,000 if the area of land in violation is from 0.1 hectares to less than 0.5 hectares;

c) A fine of VND 40,000,000 to VND 80,000,000 if the area of land in violation is from 0.5 hectares to less than 1 hectare;

c) A fine of VND 40,000,000 to VND 60,000,000 if the area of land violated is from 0.5 hectares to less than 1 hectare;

d) A fine of VND 60,000,000 to VND 100,000,000 if the area of land violated is from 1 hectare to less than 3 hectares;

đ) A fine of VND 100,000,000 to VND 200,000,000 if the area of land violated is 3 hectares or more.

2. In cases where foreign-invested enterprises accept the transfer of investment value which is the value of agricultural production land use rights, forestry land use rights, or foreign-invested enterprises lease non-agricultural production land from households or individuals outside industrial zones, clusters of industrial zones, export processing zones, high-tech parks, and economic zones, the form and level of punishment shall be as follows:

a) A fine of VND 20,000,000 to VND 30,000,000 if the area of land violated is less than 0.1 hectare;

b) A fine of VND 30,000,000 to VND 60,000,000 if the area of land violated is from 0.1 hectare to less than 0.5 hectare;

c) A fine of VND 60,000,000 to VND 90,000,000 if the area of land violated is from 0.5 hectare to less than 1 hectare;

d) A fine of VND 90,000,000 to VND 150,000,000 if the area of land violated is from 1 hectare to less than 3 hectares;

đ) A fine of VND 150,000,000 to VND 300,000,000 if the area of land in violation is 03 hectares or more.

3. Measures to remedy consequences:

Order to return the transferred land use rights or leased land in the cases stipulated in Clause 1 and Clause 2 of this Article. If it is impossible to return the transferred land use rights, the State will reclaim the land according to the provisions of Point d, Clause 1, Article 64 of the Land Law.

Article 31. Failure to submit documents, failure to provide, or provision of incomplete documents for the issuance of Certificates of Title for buyers, lessees of houses, construction works, or recipients of land use rights at real estate projects

Organizations implementing real estate projects fail to submit documents for the issuance of Certificates of Title for buyers, lessees of houses, construction works, or recipients of land use rights, or fail to provide, or provide incomplete documents for buyers, lessees of houses, construction works, or recipients of land use rights to submit their own application for Certificates of Title according to Clause 7, Article 26 of the Housing Law and Clause 4, Article 13 of the Real Estate Business Law, the form and level of punishment shall correspond to the duration and degree of violation as follows:

1. From 50 days to 6 months:

a) A fine of VND 10,000,000 to VND 30,000,000 for violations involving fewer than 30 apartments, construction works, or plots of land;

b) A fine of VND 30,000,000 to VND 50,000,000 for violations involving from 30 to fewer than 100 apartments, construction works, or plots of land;

c) A fine of VND 50,000,000 to VND 100,000,000 for violations involving 100 or more apartments, construction works, or plots of land.

2. From over 6 months to 9 months:

a) A fine of VND 30,000,000 to VND 50,000,000 for violations involving fewer than 30 apartments, construction works, or plots of land;

b) A fine of VND 50,000,000 to VND 100,000,000 for violations involving from 30 to fewer than 100 apartments, construction works, or plots of land;

c) A fine of VND 100,000,000 to VND 300,000,000 for violations involving 100 or more apartments, construction works, or plots of land.

3. From over 9 months to 12 months:

a) A fine of VND 50,000,000 to VND 100,000,000 for violations involving fewer than 30 apartments, construction works, or plots of land;

b) A fine of VND 100,000,000 to VND 300,000,000 for violations involving from 30 to fewer than 100 apartments, construction works, or plots of land;

c) A fine of VND 300,000,000 to VND 500,000,000 for violations involving 100 or more apartments, construction works, or plots of land.

4. Over 12 months:

a) A fine of VND 100,000,000 to VND 300,000,000 for violations involving fewer than 30 apartments, construction works, or plots of land;

b) A fine of VND 300,000,000 to VND 500,000,000 for violations involving from 30 to fewer than 100 apartments, construction works, or plots of land;

c) A fine of VND 500,000,000 to VND 1,000,000,000 for violations involving 100 or more apartments, construction works, or plots of land.

5. The period of violation specified in Clauses 1, 2, 3, and 4 of this Article is calculated from the date when the developer delivers the house, construction work, or land to the buyer or from the time when the lessee has fully paid the money according to the agreement until the date of the administrative violation record; if the developer has corrected the violation within the time limit stipulated in Clause 7, Article 26 of the Housing Law and Clause 4, Article 13 of the Real Estate Business Law, the period of violation is calculated up to the date when the developer corrects the violation.

6. In cases where the developer violates at different levels of time for different apartments, construction works, or plots of land in the same project as stipulated in Clauses 1, 2, 3, and 4 of this Article, the fines shall be calculated according to each level of fine stipulated in Clauses 1, 2, 3, and 4 of this Article but the total amount of fines shall not exceed VND 1,000,000,000.

7. Measures to remedy consequences:

Order to submit documents or provide complete documents for buyers, lessees of houses, construction works, or recipients of land use rights to submit their own application for Certificates of Title according to regulations.

Article 32. Not using land for annual crops for a continuous period of twelve months, perennial crops for a continuous period of eighteen months, and forest land for a continuous period of twenty-four months.

Clause 1. The act of not using land for annual crops for a continuous period of twelve months, perennial crops for a continuous period of eighteen months, and forest land for a continuous period of twenty-four months, which does not fall under the force majeure cases stipulated in Article 15 of Decree No. 43/2014/NĐ-CP, shall be subject to the following forms and levels of fines:

Point a) A fine of VND 500,000 to VND 1,000,000 if the unused land area is less than 0.5 hectares;

Point b) A fine of VND 1,000,000 to VND 3,000,000 if the unused land area is from 0.5 hectares to less than 03 hectares;

Point c) A fine of VND 3,000,000 to VND 5,000,000 if the unused land area is from 03 hectares to less than 10 hectares;

Point d) A fine of VND 5,000,000 to VND 10,000,000 if the unused land area is 10 hectares or more.

2. Measures to remedy consequences:

Compel the use of land according to the purpose assigned, leased, or recognized by the State; in case the land has been fined but not put into use, the State will reclaim the land in accordance with point h, clause 1, Article 64 of the Land Law.

Article 33. Not processing the transfer to lease land for cases specified in

clause 2, Article 60 of the Land Law

Clause 1. For individuals currently using land granted by the State without payment of land use fee before July 1, 2014, who now fall under the category required to lease land according to the provisions of the Land Law but have not submitted the necessary documents to process the transfer to lease land, the form and level of fines shall be as follows:

Point a) A fine of VND 2,000,000 to VND 5,000,000 if the land area required to be transferred to lease is less than 0.1 hectares;

Point b) A fine of VND 5,000,000 to VND 10,000,000 if the land area required to be transferred to lease is from 0.1 hectares to less than 0.5 hectares;

Point c) A fine of VND 10,000,000 to VND 20,000,000 if the land area required to be transferred to lease is from 0.5 hectares to less than 01 hectare;

Point d) A fine of VND 20,000,000 to VND 50,000,000 if the land area required to be transferred to lease is from 01 hectare to less than 05 hectares;

Point đ) A fine of VND 50,000,000 to VND 100,000,000 if the land area required to be transferred to lease is 05 hectares or more.

2. Measures to remedy consequences:

Compel the processing of the transfer to lease land in accordance with the laws on land.

Article 34. Violation of regulations on land use boundary management and administrative territorial boundary markers

Clause 1. A fine of VND 1,000,000 to VND 5,000,000 for the act of moving or distorting administrative territorial boundary markers or land use boundary markers, except for cases of encroaching on land for use as stipulated in clause 1, Article 3 of this Decree.

Clause 2. A fine of VND 2,000,000 to VND 10,000,000 for the act of damaging administrative territorial boundary markers or land use boundary markers.

3. Measures to remedy consequences:

Compel the restoration of the original state of the land use boundary and administrative territorial boundary markers for acts stipulated in clauses 1 and 2 of this Article.

Article 35. Violation of regulations on documents and certificates in land use

Clause 1. A fine of VND 1,000,000 to VND 3,000,000 for the act of erasing, altering, or distorting the content of documents and certificates in land use, except for cases stipulated in clauses 2 and 3 of this Article.

Clause 2. A fine of VND 4,000,000 to VND 10,000,000 for the act of making false declarations about land use or erasing, altering, or distorting the content of documents and certificates in land use, leading to errors in issuing Certificates of Title and in transferring, assigning, leasing, inheriting, donating, mortgaging, or contributing land use rights as capital, without reaching the level of criminal prosecution.

Clause 3. A fine of VND 10,000,000 to VND 30,000,000 for the act of using fake documents in administrative procedures and other matters related to land, without reaching the level of criminal prosecution.

4. Additional forms of administrative punishment:

Confiscate documents that have been erased, altered, or had their content distorted; and fake documents used in cases stipulated in clauses 1, 2, and 3 of this Article.

5. Measures to remedy consequences:

Point a) Compel the submission of issued Certificates of Title and reprocessing of administrative procedures regarding land in accordance with the provisions for cases stipulated in clause 2 of this Article;

Point b) Invalidate the results of administrative procedures regarding land already processed in accordance with the provisions for the case stipulated in clause 3 of this Article.

Article 36. Violation of provisions on providing land information related to inspection, examination, evidence collection for resolving land disputes

1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed in cases where information, documents, and materials related to land inspections, examinations, and evidence collection for resolving land disputes are not provided within seven days from the date of announcement of the inspection decision or upon written request of the competent authority conducting such inspections, examinations, and evidence collection for the People's Court and administrative agencies at all levels.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed in cases where land information is provided inaccurately or incompletely according to the written request of the responsible person related to land inspections, examinations, and evidence collection for resolving land disputes conducted by the People's Court and administrative agencies at all levels.

3. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed in cases where information, documents, and materials related to land inspections, examinations, and evidence collection for resolving land disputes conducted by the People's Court and administrative agencies at all levels are not provided after the deadline set by the request.

4. Measures to remedy consequences:

The violator must provide or re-provide information, documents, and materials in cases stipulated in Clauses 1, 2, and 3 of this Article.

Article 37. Violation of conditions for service activities in the field of land

1. In cases where an organization violates the conditions for engaging in land valuation advisory services, the form and level of punishment shall be as follows:

a) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed in cases where land valuation advisory services are provided without the function of land valuation advisory services, appraisal function, real estate valuation advisory function, or without having three qualified land valuation advisors as prescribed in Clause 2 of Article 20 of Decree No. 44/2014/ND-CP dated May 15, 2014 of the Government on land prices (hereinafter referred to as Decree No. 44/2014/ND-CP), amended in Clause 1 of Article 2 of Decree No. 136/2018/ND-CP dated October 5, 2018 of the Government amending certain articles of decrees related to investment business conditions in the natural resources and environment sector (hereinafter referred to as Decree No. 136/2018/ND-CP).

b) A fine from VND 10,000,000 to VND 20,000,000 shall be imposed in cases where land valuation advisory services are provided without the function of land valuation advisory services, appraisal function, real estate valuation advisory function, and without having three qualified land valuation advisors as prescribed in Clause 2 of Article 20 of Decree No. 44/2014/ND-CP, amended in Clause 1 of Article 2 of Decree No. 136/2018/ND-CP.

2. In cases where an organization violates the conditions for engaging in land planning and land use plan advisory services, the form and level of punishment shall be as follows:

a) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed in cases where land planning and land use plan advisory services are provided without the function of land planning and land use plan advisory services, or without having two individuals engaged in land planning and land use plan advisory services as prescribed in Clause 2 of Article 10 of Decree No. 43/2014/ND-CP, amended in Clause 3 of Article 1 of Decree No. 136/2018/ND-CP.

b) A fine from VND 10,000,000 to VND 20,000,000 shall be imposed in cases where land planning and land use plan advisory services are provided without the function of land planning and land use plan advisory services and without having two individuals engaged in land planning and land use plan advisory services as prescribed in Clause 2 of Article 10 of Decree No. 43/2014/ND-CP, amended in Clause 3 of Article 1 of Decree No. 136/2018/ND-CP.

3. In cases where an organization engages in other land service advisory activities such as land investigation, land evaluation, land improvement, land surveying, land registry map creation, land registry file establishment, land database construction, certificate issuance file establishment, land use right auction, compensation, support, and resettlement, and violates the conditions for engaging in land service advisory activities as prescribed in Clause 3 of Article 25 of the Auction Law; Articles 5a and 5b of Decree No. 43/2014/ND-CP amended and supplemented in Clauses 1 and 2 of Article 1 of Decree No. 136/2018/ND-CP and Clause 1 of Article 9 of Decree No. 45/2015/ND-CP dated May 6, 2015 of the Government on surveying and mapping activities, the form and level of punishment shall be as follows:

a) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed in cases where one condition for operation as prescribed by law is not met.

b) A fine from VND 10,000,000 to VND 20,000,000 shall be imposed in cases where two or more conditions for operation as prescribed by law are not met.

4. Additional forms of administrative punishment:

a) Suspension of the operating license for six to nine months from the date the administrative violation penalty decision takes effect as prescribed in Clause 3 of Article 25 of the Law on Handling Administrative Violations for organizations with an operating license.

b) Suspension of operations for nine to twelve months from the date the administrative violation penalty decision takes effect as prescribed in Clause 3 of Article 25 of the Law on Handling Administrative Violations for organizations without an operating license.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 38. The authority of the Chairperson of People's Committees at all levels in imposing administrative penalties

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

a) To issue warnings;

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

c) Seizing papers that have been erased, altered, or falsified; counterfeit papers used in land use.

d) Applying measures to remedy consequences:

Compelling restoration of the original state of the land before the violation occurred.

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

a) To issue warnings;

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

c) Seizing papers that have been erased, altered, or falsified; counterfeit papers used in land use.

d) Revoking the right to use a business operation license in the field of land consultancy for a certain period or suspending the operation of land consultancy services for a certain period.

đ) Applying remedial measures as prescribed in Clause 3, Article 5 of this Decree.

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

a) To issue warnings;

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

c) Seizing papers that have been erased, altered, or falsified; counterfeit papers used in land use.

d) Revoking the right to use a business operation license in the field of land consultancy for a certain period or suspending the operation of land consultancy services for a certain period.

đ) Applying remedial measures as prescribed in Clause 3, Article 5 of this Decree.

4. In cases where the person with authority as stipulated in Clauses 1 and 2 of this Article discovers a violation not within their authority or exceeding their authority to impose penalties or implement remedial measures, they shall act in accordance with the provisions of Clause 3, Article 58 of the Law on Administrative Penalties and Clause 2, Article 6 of Government Decree No. 81/2013/ND-CP dated July 19, 2013 detailing certain provisions and implementing measures of the Law on Handling Administrative Violations, amended and supplemented by Clause 7, Article 1 of Government Decree No. 97/2017/ND-CP dated August 18, 2017.

Article 39. Authority of specialized inspectors

1. Inspectors, persons assigned to perform specialized land management inspection tasks while performing official duties have the right:

a) To issue warnings;

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

c) Seizing papers that have been erased, altered, or falsified; counterfeit papers used in land use.

d) Applying measures to remedy consequences:

Compelling restoration of the original state of the land before the violation occurred.

2. Heads of the Inspection Department of the Department, Leaders of specialized land management inspection teams established by the Director General of the Land Management Department, the Department Director, the Head of the Inspection Department of the Department of Natural Resources and Environment have the right:

a) To issue warnings;

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

c) Seizing papers that have been erased, altered, or falsified; counterfeit papers used in land use.

d) Revoking the right to use a business operation license in the field of land consultancy for a certain period or suspending the operation of land consultancy services for a certain period.

đ) Applying remedial measures as prescribed in Clause 3, Article 5 of this Decree.

3. Leaders of inspection teams of the Ministry of Natural Resources and Environment have the right:

a) To issue warnings;

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

c) Seizing papers that have been erased, altered, or falsified; counterfeit papers used in land use.

d) Revoking the right to use a business operation license in the field of land consultancy for a certain period or suspending the operation of land consultancy services for a certain period.

đ) Applying remedial measures as prescribed in Clause 3, Article 5 of this Decree.

4. Heads of the Inspection Department of the Ministry of Natural Resources and Environment, Directors General of the Land Management Department have the right:

a) To issue warnings;

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

c) Seizing papers that have been erased, altered, or falsified; counterfeit papers used in land use.

d) Revoking the right to use a business operation license in the field of land consultancy for a certain period or suspending the operation of land consultancy services for a certain period.

đ) Applying remedial measures as prescribed in Clause 3, Article 5 of this Decree.

5. Specialized construction inspectors have the authority to impose administrative penalties on violations as specified in Article 31 of this Decree.

Military Inspectorate has the authority to impose penalties on administrative violations in the use of defense land, Police Inspectorate has the authority to impose penalties on administrative violations in the use of security land as provided for in this Decree.

6. In cases where the person with authority as stipulated in Clauses 1, 2, 3, and 5 of this Article discovers a violation not within their authority or exceeding their authority to impose penalties or implement remedial measures, they shall act in accordance with the provisions of Clause 3, Article 58 of the Law on Administrative Penalties and Clause 2, Article 6 of Government Decree No. 81/2013/ND-CP amended and supplemented by Clause 7, Article 1 of Government Decree No. 97/2017/ND-CP.

Article 40. Record of Violation and Authority to Prepare the Record of Violation

1. The record of administrative violation in the field of land management is prepared in accordance with the provisions of Article 58 of the Law on Handling Administrative Violations and Government Decree No. 81/2013/ND-CP amended and supplemented by Government Decree No. 97/2017/ND-CP.

2. Persons authorized to prepare the record include:

a) Persons authorized to impose administrative penalties in the field of land management as stipulated in Articles 38 and 39 of this Decree;

b) Civil servants and officials assigned the task of inspecting and supervising the management and use of land and land service activities.

Forestry officers assigned to conduct inspections and supervision of forest management and use may prepare records of administrative violations for acts of encroachment, occupation, or use of special-use forests, protective forests, production forests for other purposes. Civil servants and officials of the Civil Aviation Port Supervision Units are assigned the task of inspecting the use of civil aviation port and airport lands.

Article 41. Responsibilities of the competent authority for administrative offenses in cases where temporary suspension or cessation of land service activities is required.

When handling administrative violations, if the violation falls under the circumstances specified in Article 37 of this Decree, the competent authority for administrative offenses shall have the responsibility to notify in writing the agency that issued the license or registered the practice to coordinate in handling according to the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 42. Transitional Provisions

1. In cases where administrative violations in the field of land occur before this Decree takes effect, the following provisions on administrative offense penalties shall be applied:

a) In cases where an administrative offense violation report has been made but there is no penalty decision before this Decree takes effect, and the violation has exceeded the statute of limitations for punishment or does not fall within the scope of punishment as prescribed in this Decree, then no punishment shall be carried out for such violation.

b) In cases where an administrative offense violation report has been made but there is no penalty decision before this Decree takes effect, and the violation is still within the statute of limitations for punishment as prescribed in this Decree, the punishment for such violation shall continue to be carried out.

The administrative offense penalty for this case shall be implemented according to the provisions on administrative offense penalties in the field of land that were effective at the time the administrative offense violation report was made; if applying this Decree for punishment is more favorable to the violator, then the punishment shall be carried out according to this Decree.

c) In cases where an administrative offense penalty decision has been made but not yet implemented or not fully implemented, it shall continue to be implemented according to that decision.

d) In cases where an administrative offense penalty has already been carried out but the violation continues, and other cases not covered by points a, b, and c of this Clause, this Decree shall be applied to impose administrative penalties.

2. In cases where an administrative offense penalty decision in the field of land has been issued but not yet implemented or fully implemented before this Decree takes effect, and the individual or organization subject to the penalty is still appealing, the provisions of the law on administrative offense penalties currently in effect at the time the penalty decision was issued shall be applied to resolve the matter.

Article 43. Effective Date

1. This Decree takes effect from January 5, 2020.

2. This Decree replaces Decree No. 102/2014/NĐ-CP dated November 10, 2014 of the Government on administrative penalties in the field of land.

3. Point d Clause 3 and point i Clause 6 Article 57 of Decree No. 139/2017/NĐ-CP dated November 27, 2017 of the Government are abolished.Supplement

Article 44. Implementation and responsibility for enforcement.

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, organizations, and individuals related to this matter shall be responsible for enforcing this Decree.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, agencies under the Government; - People's Councils, People's Committees of provinces and centrally-administered cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - National Assembly Ethnic Committee and relevant Committees; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Central Committee of the Vietnam Fatherland Front; - Central agencies of mass organizations; - Office of the Government: Deputy Prime Minister, Deputy Prime Ministers, Assistants to the Prime Minister, Directors of the Government Portal of various Departments, Bureaus, and subordinate units, Official Gazette; - To be filed: VT, NN (3b).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc