THE GOVERNMENT
Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government prescribing administrative violations on land sector
Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
Pursuant to the Law on Land dated November 29, 2013;
At the request of the Minister of Natural Resources and Environment,
The Government hereby promulgates the Decree prescribing administrative violations on land sector
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Decree regulates administrative violation acts, punishment types, rates and remedial measures against any negative consequence caused by administrative violation acts, authority to impose penalties and authority to issue the notice of land-related administrative violations.
Article 2. Subjects of violation punishments
1. Subjects of administrative punishments under the regulations laid down in this Decree shall consist of the following entities who commit administrative violations against legal regulations on land or land services, except for the case stipulated in Clause 2 of this Article:
a) Family households and residential communities; domestic or foreign nationals, or overseas Vietnamese (hereinafter referred to as individuals);
b) Domestic, foreign organizations, or foreign-invested enterprises (hereinafter referred to as organizations);
c) Places of worship.
2. Organizations or individuals that enjoy diplomatic immunities and privileges granted to diplomatic missions, consular posts and representative offices of international organizations in Vietnam as stipulated by laws shall not be subject to administrative punishments in accordance with regulations set out in this Decree.
Article 3. Interpretation of terms
1. Land encroachment refers to the willful trespass on the other landowners’ boundaries without their permission with the intention of expanding the encroacher’s own land lot.
2. Land appropriation refers to the illegal use of land lots without permission from competent State agencies or the title to the land lot allocated, leased by the State but, when the term of such title expires and is not allowed to get extended, the land owner refuses to return such land lots, or the use of land lots without completing procedures for land allocation or lease under the regulations set out in the law on land.
Article 4. Type of punishments
1. Main punishment types include:
a) Warnings;
b) Pecuniary penalties.
2. Supplementary punishment types include:
a) Deprivation of the violator’s right to use a permit in a period from 06 - 09 months or suspension of all of the violator’s operations for the period from 09 months to 12 months as from the date on which the decision to impose penalties for administrative violations takes effect in accordance with regulations laid down in Clause 3 Article 25 of the Law on settlement of administrative violations.
b) Forfeiture of exhibits and/or means used to commit land-related administrative violations (hereinafter referred to as exhibits and/or means of administrative violation commission).
3. Monetary penalty framework stipulated in Chapter II of this Decree is applied to individuals, except for the cases prescribed in Articles 15, 16, 17, 18, 19, Clause 3 Article 21, Articles 22, 23, Clause 2 Article 25, Articles 26 and 30 laid down in this Decree in which the monetary penalty framework is applied to organizations.
4. As for the same administrative violation, the monetary penalty rate applied to organizations shall be twice (02) as much as that applied to individuals.
5. Family households or residential communities who are convicted of any violation shall be fined within the same framework as for administrative penalties for individual’s violations; places of worship which are convicted of any violation shall be fined within the same framework as for penalties for organization’s administrative violations.
