Nghị định số 102/2014/NĐ-CP xử phạt hành chính trong đất đai

DECREE

IMPOSING PENALTIES FOR LAND-RELATED ADMINISTRATIVE VIOLATIONS

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 on the imposition of penalties for land-related administrative violations.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

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. Entities subject to penalties for administrative violations

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. Punishment types

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.

6. Authority to decide the amount of a monetary penalty stipulated in Articles 31, 32 and 33 of this Decree is also applied to individuals. Authority to decide the amount of monetary penalty applied to organizations shall be twice as much as that applied to individuals.

Article 5. Determination of the nature and severity of administrative violations

1. Nature and severity of administrative violations stipulated in Articles 6, 7, 8, 15, Clause 1 Article 16 and Article 17 of this Decree shall be determined on the basis of the size or acreage of violated land lots.

2. Nature and severity of administrative violations stipulated in Article 26 of this Decree shall be determined on the basis of the number of affected family households due to the commission of such violations.

3. Nature and severity of administrative violations stipulated in Articles 9, 24 of this Decree shall be determined on the principle that face value of the title to the land in respect of the violated land lot is converted into pecuniary amount according to the land price list approved by People’s Committees of centrally-affiliated cities and provinces where such land lot is located at the time of issuance of administrative violation notice, and shall be classified into 04 penalty amounts as follows:

a) Level 1: Value of the title to a violated land lot converted into the monetary amount of below VND 60,000,000 for agricultural land, and below VND 300,000,000 for non-agricultural land;

b) Level 2: Value of the title to a violated land lot converted into the monetary amount ranging from VND 60,000,000 to below VND 200,000,000 for agricultural land, and from VND 300,000,000 to below VND 1,000,000,000 for non-agricultural land;

c) Level 3: Value of the title to a violated land converted into the monetary amount ranging from VND 200,000,000 to below VND 1,000,000,000 for agricultural land, and from VND 1,000,000,000 to below VND 3,000,000,000 for non-agricultural land;

d) Level 4: Value of the title to a violated land converted into the monetary amount ranging from above VND 1,000,000,000 for agricultural land, and above VND 3,000,000,000 for non-agricultural land.

4. Size of violated land lot stipulated in Clause 3 of this Article and expenses incurred by the determination of violated land acreage shall be regulated as follows:

a) In case the whole land plot is violated, that violated land lot shall be determined on the basis of the land size described on the documents about the land title in accordance with regulations laid down in Clauses 1, 2 and 3 Article 11 of the Land Law;

b) In case only part of land plot with valid land title is violated, or the owner of violated land parcel fails to show valid land titles as stipulated by laws, law enforcers shall issue the administrative violation notice in which the actual size of violated land parcel is clearly stated. In case the violator does not agree to the defined size of violated land parcel, law enforcers must request the competent penalty imposer to consult with any organization who has the expertise in land surveying measurement to determine the violated land size;

c) Expenses relating to that land surveying measurement with the intention of finding out the violated land size as regulated at Point b of this Clause shall be paid in advance by the State budget. The individual who commits land-related administrative violations shall bear responsibility for making full payment on the expenses incurred by the work of land surveying measurement.

The Ministry of Natural Resources and Environment shall take charge of cooperating with the Ministry of Finance in enforcing specific provisions on managing, allocating, advancing and reimbursing payments on expenses incurred by the surveying measurement of violated land parcel.

5. Where land type can not be determined in default of land titles, the regulations set out in Article 3 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 on providing details for the implementation of a number of articles enshrined in the Land Law (hereinafter referred to as Decree No. 43/2014/ND-CP) shall be observed to determine the land type and fix the proper land price mentioned in the land pricelist approved by the People's Committee at the provincial level, which serves as the basis for the definition and conversion of land title value with respect to the violated land size.

Chapter II

ADMINISTRATIVE VIOLATION ACTS, PENALTY TYPES AND RATES

Article 6. Change of use purpose of a land lot used for rice cultivation without permission from competent State agencies

1. Transformation of use purpose of a land lot into the one used for perennial plants and forests shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the size of below 0.5 hectare of the land parcel of which the use purpose has been illegally changed;

b) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on the size varying from 0.5 to below 03 hectares of the land parcel of which the use purpose has been illegally changed;

c) Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000, imposed on the size of equal to or more than 03 hectares of the land parcel of which the use purpose has been illegally changed.

2. Transformation of use purpose of a land lot into the one used for aquafarming and forest cultivation shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on the size of below 0.5 hectare of land of which the use purpose has been illegally changed;

b) Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000, imposed on the size varying from 0.5 to below 03 hectares of the land parcel of which the use purpose has been illegally changed;

c) Pecuniary penalty ranging from VND 20,000,000 to VND 30,000,000, imposed on the size of equal to or more than 03 hectares of the land parcel of which the use purpose has been illegally changed.

3. Transformation of use purpose of a land lot into the non-agricultural land lot shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000, imposed on the size of below 0.5 hectare of land of which the use purpose has been illegally changed;

b) Pecuniary penalty ranging from VND 20,000,000 to VND 30,000,000, imposed on the size varying from 0.5 to below 03 hectares of the land parcel of which the use purpose has been illegally changed;

c) Pecuniary penalty ranging from VND 30,000,000 to VND 50,000,000, imposed on the size of equal to or more than 03 hectares of the land parcel of which the use purpose has been illegally changed.

4. Remedial measures:

a) Application of force to restore the land parcel to its former condition before the commission of violations regulated in Clauses 1, 2 and 3 of this Article;

b) Application of force to return the illegal gain coming from the commission of violations regulated in Clauses 1, 2 and 3 of this Article.

Article 7. Willful change of use purpose of land used for specialized forests, protective forests and production forests without permission from competent State agencies

1. Transformation of aforesaid land lots into the land used for annual plants, perennial plants, aquafarming, salt production, agricultural production and other farming purposes shall be subject to penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on the size of below 05 hectare of land of which the use purpose has been illegally changed;

b) Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000, imposed on the size varying from 05 to below 10 hectares of the land parcel of which the use purpose has been illegally changed;

c) Pecuniary penalty ranging from VND 20,000,000 to VND 30,000,000, imposed on the size of equal to or more than 10 hectares of the land parcel of which the use purpose has been illegally changed.

2. Transformation of use purpose of a land lot into the non-agricultural land lot shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000, imposed on the size of below 05 hectare of land of which the use purpose has been illegally changed;

b) Pecuniary penalty ranging from VND 20,000,000 to VND 30,000,000, imposed on the size varying from 05 to below 10 hectares of the land parcel of which the use purpose has been illegally changed;

c) Pecuniary penalty ranging from VND 30,000,000 to VND 50,000,000, imposed on the size of equal to or more than 10 hectares of the land parcel of which the use purpose has been illegally changed.

3. Remedial measures:

a) Application of force to restore the land parcel to its former condition before the commission of violations regulated in Clauses 1 and 2 of this Article;

b) Application of force to return the illegal gain coming from the commission of violations regulated in Clauses 1 and 2 of this Article.

Article 8. Willful change of use purpose of the agricultural land other than land lots used for rice cultivation, protective forests, specialized forests without permission from competent State agencies

1. Transformation of the land used for annual plant cultivation into the land used for saltwater aquaculture, salt production, and fish farming in the form of ponds, ditches or lakes shall be subject to penalty types and amounts as follows:

a) Warnings or pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on the size of below 0.5 hectare of land of which the use purpose has been illegally changed;

b) Pecuniary penalty ranging from VND 1,000,000 to VND 2,000,000, imposed on the size varying from 0,5 to below 03 hectares of the land parcel of which the use purpose has been illegally changed;

c) Pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the size of equal to or more than 03 hectares of the land parcel of which the use purpose has been illegally changed.

2. Willful change of use purpose of the agricultural land other than land lots used for rice cultivation, protective forests and specialized forests into non-agricultural land shall be subject to penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 1,000,000 to VND 2,000,000, imposed on the size of below 0.5 hectare of land of which the use purpose has been illegally changed;

b) Pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the size varying from 0,5 to below 03 hectares of the land parcel of which the use purpose has been illegally changed;

c) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on the size of equal to or more than 03 hectares of the land parcel of which the use purpose has been illegally changed.

3. Remedial measures:

a) Application of force to restore the land parcel to its former condition before the commission of violations with respect to violations regulated in Clauses 1 and 2 of this Article;

b) Application of force to return the illegal gain coming from the commission of violations regulated in Clauses 1 and 2 of this Article.

Article 9. Willful change of use purpose of the non-agricultural land into different use purposes of land classified into the group of non-agricultural land without permission from competent State agencies

1. Willful change of use purpose of the non-agricultural land other than housing land into the land used for the residential development without permission from competent State agencies shall be subject to the following penalty types and amounts:

a) Pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the value of title to the violated land classified into level-1 administrative punishment;

b) Pecuniary penalty ranging from above VND 5,000,000 to VND 10,000,000, imposed on the value of title to the violated land classified into level-2 administrative punishment;

c) Pecuniary penalty ranging from above VND 10,000,000 to VND 20,000,000, imposed on the value of title to the violated land classified into level-3 administrative punishment;

d) Pecuniary penalty ranging from above VND 20,000,000 to VND 50,000,000, imposed on the value of title to the violated land classified into level-4 administrative punishment.

2. Willful change of use purpose of land used for the construction of non-commercial structures, commercial public utilities, or land used for non-agricultural production and commerce other than the land used for the commercial and service provision purposes into the land used for the commercial and service business purposes; willful change of land used for the purpose of commerce, service business, construction of non-commercial structures into the land used for the establishment of non-agricultural production premises without permission from competent authorities shall be subject to the following penalty types and amounts:

a) Pecuniary penalty ranging from above VND 5,000,000 to VND 10,000,000, imposed on the value of title to the violated land classified into level-1 administrative punishment;

b) Pecuniary penalty ranging from above VND 10,000,000 to VND 20,000,000, imposed on the value of title to the violated land classified into level-2 administrative punishment;

c) Pecuniary penalty ranging from above VND 20,000,000 to VND 50,000,000, imposed on the value of title to the violated land classified into level-3 administrative punishment;

d) Pecuniary penalty ranging from above VND 50,000,000 to VND 100,000,000, imposed on the value of title to the violated land classified into level-4 administrative punishment.

3. Remedial measures:

a) Application of force to restore the land parcel to its former condition before the commission of violations with respect to violations regulated in Clauses 1 and 2 of this Article;

b) Application of force to reclaim the illegal gain coming from the commission of violations regulated in Clauses 1 and 2 of this Article.

Article 10. Land encroachment and appropriation

1. Pecuniary penalty ranging from VND 1,000,000 to VND 3,000,000, imposed on agricultural land encroachment and appropriation in terms of the land parcel that is not used for rice cultivation, specialized, protective and production forests.

2. Pecuniary penalty ranging from VND 3,000,000 to VND 5,000,000, imposed on encroachment and appropriation violations in terms of the land parcel that is used for rice cultivation, specialized, protective and production forests, non-agricultural purposes other than the housing land, except for the case stipulated in Clause 4 of this Article.

3. Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on housing land encroachment and appropriation.

4. With respect to the encroachment and appropriation violations against protective barriers for structural works, the penalty types and amounts shall comply with the regulations laid down in the Decree on penalties for administrative violations against regulations on construction activities; real estate business; building material quarrying, production and business; technical infrastructure management; house and office building development; road and rail transport sector; culture, sports, tourism, and advertising sector; operation and protection of irrigation works; dyke or embankment structures; flood and typhoon prevention and control measures, as well as other particular sectors.

5. Remedial measures:

a) Application of force to restore the land parcel to its former condition before the commission of violations with respect to violations regulated in Clauses 1, 2 and 3 of this Article;

b) Application of force to reclaim the encroached or appropriated land in accordance with Clauses 1, 2 and 3 of this Article.

Article 11. Hindrance to the other person’s use of land

1. Warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for violations committed at rural areas; monetary penalty ranging from VND 2,000,000 to VND 5,000,000 for violations committed at urban areas like intrusion of waste, hazardous substance, building materials or other articles into other person’s land lot or protrusion of these things from the violator’s land lot, which hinders the other person’s land use.

2. Pecuniary penalty ranging from VND 2,000,000 to VND 10,000,000 for violations committed at rural areas; monetary penalty ranging from VND 5,000,000 to VND 30,000,000 for violations committed at urban areas like excavation, wall erection or fence building which hinders or causes any possible loss to the other person’s land use.

3. Remedial measures:

a) Forfeiture of exhibits and/or means used to commit violations as regulated in Clauses 1 and 2 of this Article;

b) Application of force to restore the land parcel to its former condition before the commission of violations with respect to those regulated in Clauses 1 and 2 of this Article.

Article 12. Failure to register land parcels

1. Warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for violations like failure to obtain the first registration of land.

2. Pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the changes to land parcels as regulated at Point a, b, h, i, k and l Clause 4 Article 95 adopted in the Land Law but such changes have not been registered in accordance with laws.

Article 13. Willful disposition of land titles even when failing to fulfill the requirements stipulated in Article 188 of the Land Law

1. Pecuniary penalty ranging from VND 3,000,000 to VND 5,000,000 for the willful use of land title to serve the purpose of disposition, allocation, lease, sublease, collateralization and capital contribution in the case of failure to obtain the Certificate of land use right, disputed land, or land parcels subject to the seizure or distraint to enforce the judicial order, or land of which the use term has expired but is not permitted to get extended by the competent authorities.

2. Remedial measures:

Application of force to return the illegal gain coming from the commission of violations regulated in Clause 1of this Article.

Article 14. Willful disposition of the title to agricultural land even when failing to meet the regulated requirements

1. Warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for violations such as willful disposition of a family household or individual of the title to agricultural land to another family household or individual at the same residence, commune, ward or town, even when the Certificate of land use right or land allocation decision has not been granted, or disputed land, or land subject to the seizure or distraint to enforce the judicial decision, or land of which the use term expires but is not permitted to get extended by the competent authorities.

2. Warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for violations such as willful disposition of a family household or individual of the title to agricultural land to another family household or individual at the different residence, commune, ward or town.

3. Remedial measures:

Application of force to return the acquired land after being disposed of by the commission of violations in accordance with regulations laid down in Clauses 1, 2 of this Article.

Article 15. Willful disposition of land title in the form of a division or partition of land into parcels for the construction and business of residential houses

1. Willful disposition of land title in the form of a division or partition of land into parcels for the construction and business of residential houses used for sale or sale-and-lease purposes without being granted the permission from provincial People’s Committees shall be subject to the punishment types and amounts as follows:

a) Pecuniary penalty ranging from VND 20,000,000 to VND 50,000,000, imposed on the project covering the land size of below 01 hectare;

b) Pecuniary penalty ranging from VND 50,000,000 to VND 100,000,000, imposed on the project covering the land size varying from 01 hectare to below 03 hectares;

c) Pecuniary penalty ranging from VND 100,000,000 to VND 150,000,000, imposed on the project covering the land size varying from 03 hectares to below 05 hectares;

d) Pecuniary penalty ranging from VND 100,000,000 to VND 150,000,000, imposed on the project covering the land size of equal to and more than 05 hectares.

2. Remedial measures:

Application of force to return the illegal gain coming from the commission of violations regulated in Clause 1of this Article.

Article 16. Willful disposition of land title, connected with willful disposition of part or whole of housing construction and trading project even when failing to meet the regulated requirements

1. Willful disposition of land title, connected with willful disposition of part or whole of housing construction and trading project in the case of lack of the Certificate for land use right, disputed land, land subject to the seizure or distraint to enforce the judicial order, land of which the use term expires but is extended under the permission from the competent authority, land that has yet to fulfill financial obligations relating to such land, shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 30,000,000 to VND 60,000,000, imposed on the land size of below 01 hectare;

b) Pecuniary penalty ranging from VND 60,000,000 to VND 150,000,000, imposed on the land size varying from 01 hectare to below 03 hectares;

c) Pecuniary penalty ranging from VND 150,000,000 to VND 200,000,000, imposed on the project covering the land size varying from 03 hectares to below 05 hectares;

d) Pecuniary penalty ranging from VND 200,000,000 to VND 300,000,000, imposed on the project covering the land size of equal to and more than 05 hectares.

2. Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 for violations such as willful acquisition of disposed land title connected with disposition of a part or the whole of housing construction and trading project in which the beneficiary of such deposition does not have proper business lines, fails to leave a deposit in accordance with laws on investment, or proves improper financial competence as prescribed in the regulations laid down in Clause 2 Article 14 of the Decree No. 43/2014/ND-CP, or does not infringe upon the law on land in respect of the case in which such beneficiary uses the land allocated or leased by the State for the purpose of developing other investment projects.

3. Remedial measures:

a) Application of force to return the illegal gain coming from the commission of violations regulated in Clauses 1 and 2 of this Article;

b) Application of force to return the acquired acreage of land after being disposed of by the commission of violations regulated in Clauses 1 and 2 of this Article;

Article 17. Willful disposition of land title connected with disposition of a part or the whole of infrastructural investment and construction project for the purpose of disposal or lease even when failing to meet the regulated requirements

1. Willful disposition of land title, connected with willful disposition of part or whole of infrastructural investment and construction project for the purpose of disposal or lease in the case of lack of the Certificate of land use right, disputed land, land subject to the Court’s distraint or seizure to enforce the judicial order, land of which the use term has expired but is not permitted to get extended by the competent authority, land on which equivalent technical and infrastructural facilities described in the approved schedule of the project execution are under construction, shall be subject to the following penalty types and amounts:

a) Pecuniary penalty ranging from VND 30,000,000 to VND 60,000,000, imposed on the land size of below 01 hectare;

b) Pecuniary penalty ranging from VND 60,000,000 to VND 150,000,000, imposed on the land size varying from 01 hectare to below 03 hectares;

c) Pecuniary penalty ranging from VND 150,000,000 to VND 200,000,000, imposed on the project covering the land size varying from 03 hectares to below 05 hectares;

d) Pecuniary penalty ranging from VND 200,000,000 to VND 300,000,000, imposed on the project covering the land size of equal to and more than 05 hectares.

2. Remedial measures:

Application of force to return the illegal gain coming from the commission of violations regulated in Clause 1of this Article.

Article 18. Willful sale and purchase of fixtures leased by the State for the receipt of annual land rents without meeting the regulated requirements

1. Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 for violations like willful sale of fixtures leased by the State for the receipt of annual land rents, in case such fixtures are illegally established or still under construction in conformity with the detailed planning, and approved or permitted investment plan.

2. Pecuniary penalty ranging from VND 1,000,000 to VND 5,000,000 for violations such as willful purchase of real properties attached to the land leased by the State for the receipt of annual land rents when the business lines of the purchaser thereof are not suitable for the investment project, or the purchaser shows their inadequacy of financial competence in competing the investment project or violates the law on land in respect of their use of land allocated or leased by the State to develop previous investment projects.

3. Remedial measures:

Application of force to return the illegal gain coming from the commission of violations regulated in Clause 1of this Article.

Article 19. Willful lease of fixtures leased by the State for the receipt of annual land rents

1. Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 for violations of willful lease of real property attached to the land leased by the State for the receipt of annual land rents that economic institutions or public non-business organizations commits.

2. Remedial measures:

Application of force to return the illegal gain coming from the commission of violations regulated in Clause 1of this Article.

Article 20. Willful disposition or allocation of a family household or individual of the title to conditional land lots that fails to meet the regulated requirements

1. Warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for the following violations committed by family households or individuals:

a) Willful disposition, allocation of land title of family households or individuals who are living amidst strictly protected and ecological remediation zones of the specialized forest but are not capable of moving out of such zones, in respect of housing land or land used for forest cultivation in combination with agro-forestry, aquaculture production, to family households or individuals who are living outside such zones;

b) Willful disposition, allocation of family households or individuals that have the title to housing land or agricultural land allocated by the State inside the protective forest to other family households or individuals who are also living inside such areas;

c) Willful disposition, allocation of land title of family households or individuals who are ethnic minorities using the land allocated by the State's incentive policies before 10 years as from the date on which the State’s decision to allocate the land is made, or after 10 years as from the date on which the State’s decision to allocate the land is made but the People’s Committees of communes have yet to confirm that they have left the land due to their relocation away from their residence, change of their jobs or their incapacity.

2. Remedial measures:

a) Application of force to return the illegal gain coming from the commission of violations regulated in Clause 1 of this Article;

b) Application of force to return the land that has been acquired or allocated by the commission of violations regulated in Clause 1 of this Article.

Article 21. Willful acquisition of the leased or allocated land title without the satisfaction of the regulated requirements in respect of conditional land parcels

1. Pecuniary penalty ranging from VND 1,000,000 to VND 2,000,000 imposed on family households or individuals residing within the boundaries of protective forests or specialized forests, who commit the violation of willfully acquiring the disposed or allocated acreage of land used for residential construction, agricultural production within the territory of protective forests, strictly protected or ecological remediation zones of specialized forests.

2. Pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000 for violations committed by a family household or individual who are not directly involved in agricultural production but willfully acquire the disposed or allocated title to the rice cultivation land.

3. Pecuniary penalty ranging from VND 30,000,000 to VND 50,000,000 for violations committed by any organization who willfully acquires the disposed title to land used for rice cultivation, protective forest, specialized forest from family households or individuals; except for the case in which the change of land use purpose is allowed with reference to the planning and proposal for land use, approved by the competent authority.

4. Remedial measures:

Application of force to return the land acquired by the violator’s disposition of land title due to the commission of violations as stipulated in Clauses 1, 2 and 3 of this Article.

Article 22. Willful disposition of land title or acquisition of disposed land title performed by places of worship

1. Pecuniary penalty ranging from VND 1,000,000 to VND 2,000,000 for the willful change, disposition, leasing or allocation of land title, imposed on places of worship; for the use of land title as collateral and contributed capital.

2. Warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for the willful change, disposition, leasing or allocation of land title, imposed on places of worship; for the use of land title as collateral and contributed capital.

3. Remedial measures:

a) Application of force to return the illegal gain coming from the commission of violations regulated in Clause 1 of this Article;

b) Application of force to return the disposed acreage of land or the acquired acreage of disposed land by means of the commission of violations regulated in Clauses 1 and 2 of this Article.

Article 23. Willful acquisition of disposed land title, contributed capital or lease of land title in respect of agricultural land to serve the purpose of developing non-agricultural investment, production and trading projects without the satisfaction of regulated requirements

1. Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 for violations like the willful acquisition of disposed land title, contributed capital or lease of land title in respect of agricultural land to serve the purpose of developing non-agricultural investment, production and trading projects, when the written consent from the competent authority has not been granted.

2. Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 for violations like the willful acquisition of disposed land title, contributed capital or lease of land title in respect of agricultural land to serve the purpose of developing non-agricultural investment, production and trading projects, of which the use purpose does not conform to the planning or proposal for land use approved by the competent authority.

3. Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 for violations like the willful acquisition of disposed land title, contributed capital or lease of land title in respect of rice cultivation land to serve the purpose of developing non-agricultural investment, production and trading projects without paying an amount of money in accordance with the Government's regulations on managing the use of rice cultivation land.

4. Remedial measures:

Application of force to return the acquired acreage of disposed land due to the commission of violations regulated in Clauses 1, 2 and 3 of this Article.

Article 24. Willful acquisition of disposed title to agricultural land in excess of the specified penalty amounts, performed by family households or individuals

1. Willful acquisition of disposed title to agricultural land stipulated by laws shall be subject to the following penalty types and amounts:

a) Warning or pecuniary penalty ranging from above VND 500,000 to VND 1,000,000, imposed on the acquired value of disposed title to the land in excess of the level-1 amount of administrative punishment;

b) Warning or pecuniary penalty ranging from above VND 1,000,000 to VND 2,000,000, imposed on the acquired value of excessively disposed title to the land in excess of level-2 amount of administrative punishment;

c) Warning or pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the acquired value of excessively disposed title to the land in excess of level-3 amount of administrative punishment;

d) Warning or pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on the acquired value of disposed title to the land in excess of level-4 amount of administrative punishment.

2. Remedial measures:

Application of force to return the acreage of land acquired by the excessive disposition of land title due to the commission of violations stipulated in Clause 1 of this Article.

Article 25. Willful acquisition of disposed land titles in breach of Article 169 of the Land Law

1. Pecuniary penalty ranging from VND 1,000,000 to VND 5,000,000 imposed on overseas Vietnamese eligible for the ownership of houses in Vietnam for their violation of willful acquisition of disposed title to the residential land that is not included in the housing development project despite the house’s not being constructed yet.

2. Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 imposed on the foreign-invested enterprises for their violation of willful acquisition of disposed investment fund being the value of the title to agricultural land and forestry land which is transferred from the enterprises as the title holder of the levied land or the leased land with lump-sum payment on land rents, allocated by the State to which the value of the title has been capitalized into the corporate capital.

3. Remedial measures:

Application of force to return the land acquired by means of the disposition of land title due to the commission of violations as stipulated in Clauses 1 and 2 of this Article.

Article 26. Late grant of the property and land titles to house purchasers and land title holders

Where the organization who is allocated the title to the land by the State to build commercial houses takes responsibility for completing required procedures for the grant of the property and land titles to house purchasers and land title-holders but fails to apply for the grant of such titles as from the date oh which the delivery of house and land is completed, the following penalty types and amounts shall be imposed:

1. The late time ranging from 03 months to 06 months:

a) Pecuniary penalty ranging from VND 10,000,000 to VND 30,000,000 for any violation of late grant to below 30 family households or individuals;

b) Pecuniary penalty ranging from above VND 30,000,000 to VND 50,000,000 for any violation of late grant to 30 to below 100 family households or individuals;

c) Pecuniary penalty ranging from above VND 50,000,000 to VND 100,000,000 for any violation of late grant to 100 family households or individuals or more.

2. The late time ranging from 06 months to 09 months:

a) Pecuniary penalty ranging from above VND 30,000,000 to VND 50,000,000 for any violation of late grant to below 30 family households or individuals;

b) Pecuniary penalty ranging from above VND 50,000,000 to VND 100,000,000 for any violation of late grant to 30 to below 100 family households or individuals;

c) Pecuniary penalty ranging from above VND 100,000,000 to VND 300,000,000 for any violation of late grant to 100 family households or individuals or more.

3. The late time ranging from 09 months to 12 months:

a) Pecuniary penalty ranging from above VND 50,000,000 to VND 100,000,000 for any violation of late grant to below 30 family households or individuals;

b) Pecuniary penalty ranging from above VND 100,000,000 to VND 300,000,000 for any violation of late grant to 30 to below 100 family households or individuals;

c) Pecuniary penalty ranging from above VND 300,000,000 to VND 500,000,000 for any violation of late grant to 100 family households or individuals or more.

4. The late time of more than 12 months:

a) Pecuniary penalty ranging from above VND 100,000,000 to VND 300,000,000 for any violation of late grant to below 30 family households or individuals;

b) Pecuniary penalty ranging from above VND 300,000,000 to VND 500,000,000 for any violation of late grant to 30 to below 100 family households or individuals;

c) Pecuniary penalty ranging from above VND 500,000,000 to VND 1,000,000,000 for any violation of late grant to 100 family households or individuals or more.

Article 27. Violations against regulations on land boundary lines and marks

1. Pecuniary penalty ranging from VND 1,000,000 to VND 5,000,000 for movement or deviation of land boundary lines and marks.

2. Pecuniary penalty ranging from VND 2,000,000 to VND 10,000,000 for movement or deviation of land boundary lines and marks.

3. Supplementary penalties:

Forfeiture of exhibits and/or means used to commit administrative violations as regulated in Clauses 1 and 2 of this Article.

4. Remedial measures:

Application of force to restore the land boundary lines and marks to the former condition in respect of any violation regulated in Clauses 1 and 2 of this Article.

Article 28. Violations against regulations on documents or documentary evidence used for the land use

1. Pecuniary penalty ranging from VND 1,000,000 to VND 3,000,000 for the erasement, deletion, modification and falsification of information provided on documents or documentary evidence used for the land use, which is not classified into the case regulated in Clauses 2 and 3 of this Article.

2. Pecuniary penalty ranging from VND 4,000,000 to VND 10,000,000 for the erasement, deletion and falsification of information provided on documents or documentary evidence used for the land use, which leads to incorrect certification, transfer, disposition, lease, inheritance, allocation, pledging and contributed capital in the form of land title but does not constitute crimes to be judged under the criminal prosecution.

3. Pecuniary penalty ranging from VND 10,000,000 to VND 30,000,000 for false documents included in the application dossier for the allocation, lease, change to the use purpose, revocation and certification of land titles, which does not constitute crimes to be judged under the criminal prosecution.

4. Remedial measures:

a) Application of force to rectify the false information available in the Certificate in respect of any violation regulated in Clause 2 of this Article;

b) Application of force to remove false documents in respect of any violation stipulated in Clause 3 of this Article.

Article 29. Violations against regulations on providing land information relating to the inspection, examination, evidence collection for the purpose of assisting the People’s Court in handling land-related disputes

1. Warning or pecuniary penalty ranging from VND 500,000 to VND 1,000,000 for the late provision of information, documents and materials relating to the inspection and examination of land after 07 days as from the date on which the decision on the inspection is announced, or as requested in writing by regulatory agencies, authorized persons in charge of inspection, examination and evidence collection for the People's Court's handling of land-related disputes.

Pecuniary penalty ranging VND 1,000,000 to VND 2,000,000 for any violation of providing incorrect or inadequate information from the person who assumes joint responsibility for carrying out the inspection, examination and evidence collection for the People's Court's land-related disputes.

3. Pecuniary penalty ranging VND 2,000,000 to VND 3,000,000 for any violation of failing to provide information, documents and materials relating to the inspection, examination and evidence collection for the purpose of the People’s Court’s handling of land-related disputes.

Article 30. Violations against required conditions for the land-related services

1. Any organization who commits the violation against required conditions for the land pricing consultancy services shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000 for any violation committed by the organization who supplies land pricing consultancy services but is not licensed to practice the land pricing consultancy, appraisal or real estate pricing consultancy;

b) Pecuniary penalty ranging from above VND 5,000,000 to VND 10,000,000 for any violation committed by the land pricing consultancy organization that employs less than 03 appraisers eligible for the land pricing consultancy as stipulated in Clause 2 Article 20 of the Government's Decree No.44/2014/ND-CP dated May 15, 2014 on the land price (hereinafter referred to as the Decree No.44/2014/ND-CP);

c) Pecuniary penalty ranging from above VND 10,000,000 to VND 20,000,000 for any violation committed by the land pricing consultancy organization that is not licensed to carry out land pricing consultancy, inspection or real estate pricing consultancy as well as employs less than 03 appraisers eligible for the land pricing consultancy as stipulated in Clause 2 Article 20 of the Decree No. 44/2014/ND-CP.

2. Any organization that commit violations against require conditions for the consultancy of land use planning and proposal preparation shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000 for any violations committed by the organization who provides the consultancy of land use planning and proposal preparation without being licensed;

b) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000 for any violation committed by the land pricing consultancy organization that employs less than 05 appraisers eligible for the practicing of land-use planning and proposal preparation consultancy as stipulated in Clause 2 Article 10 of the Decree No. 43/2014/ND-CP;

c) Pecuniary penalty ranging from above VND 10,000,000 to VND 20,000,000 for any violation committed by the organization that provide consultancy services of land-use planning and proposal preparation but is not licensed to practice such services as well as employs less than 05 appraisers eligible for the practicing of land-use planning and proposal preparation consultancy as stipulated in Clause 2 Article 10 of the Decree No. 43/2014/ND-CP.

3. Other organizations that provide other land-related services such as land investigation and evaluation; land improvement; land surveying and cadastral mapping, file and land database compilation, application for the Certificate; land use right auction; compensation and support for resettlement, commit required conditions for the land-related consultancy, shall be subject to the penalty types and amounts as follows:

a) Pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000 for any violations committed by the organization that lacks 01 condition for the conformity of their services to the regulated requirements set out in legal regulations;

b) Pecuniary penalty ranging from VND 10,000,000 to VND 20,000,000 for any violations committed by the organization that lacks more than 02 conditions for the conformity of their services to the regulated requirements set out in legal regulations.

4. Supplementary penalties:

a) Deprivation of a license for a period from 06 to 09 months, imposed on the organization that holds such a license;

b) Suspension of a license for a period from 09 to 12 months, imposed on the organization that does not hold such a license.

Chapter III

AUTHORITY TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 31. Authority of Presidents of the People’s Committees at all levels to impose penalties for administrative violations

1. Presidents of People’s Committees of communes are vested with the right to impose:

a) Warning;

b) Monetary penalty of up to VND 5,000,000;

c) Forfeiture of exhibits and/or means used to commit administrative violations which do not exceed the penalty amount regulated at Point b of this Clause;

d) Remedial measures:

Application of force to restore the land to the former condition before the commission of such violations; to return the illegal gain coming from the commission of violation.

2. Presidents of People’s Committees of districts are vested with the right to impose:

a) Warning;

b) Monetary penalty of up to VND 50,000,000;

c) Deprivation of the right to hold licenses or practicing certificates within a specified term or suspension of the violator's operations within a specified term;

d) Forfeiture of exhibits and/or means used to commit administrative violations which do not exceed the penalty amount regulated at Point b of this Clause;

dd) Remedial measures:

Application of force to restore the land to the former condition before the commission of such violations; return the illegal gain coming from the commission of violation; to reclaim the encroached or appropriated land pieces; adjust the Certificate of which information is erased, deleted or falsified; destroy the false documents relating to the land use; return the acquired acreage of land after being disposed due to the commission of such violations.

3. Presidents of People’s Committees of provinces are vested with the right to impose:

a) Warning;

b) Monetary penalty of up to VND 500,000,000;

c) Deprivation of the right to hold licenses or practicing certificates within a specified term or suspension of the violator's operations within a specified term;

d) Forfeiture or seizure of exhibits and/or means used to commit administrative violations;

dd) Remedial measures:

Application of force to restore the land to the former condition before the commission of such violations; return the illegal gain coming from the commission of violation; to reclaim the encroached or appropriated land pieces; adjust the Certificate of which information is erased, deleted or falsified; destroy the false documents relating to the land use; return the acquired acreage of land after being disposed due to the commission of such violations.

Article 32. Authority to perform the specialized inspection of land

1. Inspector or the person tasked with the specialized inspection during their law enforcement shall be vested with the right to impose:

a) Warning;

b) Monetary penalty of up to VND 500,000;

c) Forfeiture of exhibits and/or means used to commit administrative violations which do not exceed the penalty amount regulated at Point b of this Clause;

d) Remedial measures:

Application of force to restore the land to the former condition before the commission of such violations; to return the illegal gain coming from the commission of violation.

2. The Chief Inspector of the Department, Head of the Specialized Inspector’s Team established under the decision of the General Director of Land Administration Department, Director and Chief Inspector of the Department of Natural Resources and Environment shall be vested with the right to impose:

a) Warning;

b) Monetary penalty of up to VND 50,000,000;

c) Deprivation of the right to hold licenses or practicing certificates within a specified term, or suspension of the violator's operations within a specified term;

d) Forfeiture of exhibits and/or means used to commit administrative violations which do not exceed the penalty amount regulated at Point b of this Clause;

dd) Remedial measures:

Application of force to restore the land to the former condition before the commission of such violations; return the illegal gain coming from the commission of violation; to reclaim the encroached or appropriated land pieces; adjust the Certificate of which information is erased, deleted or falsified; destroy the false documents relating to the land use; return the acquired acreage of land after being disposed due to the commission of such violations.

3. Head of Specialized Inspector’s Team at the Ministerial level shall be vested with the right to impose the following penalties:

a) Warning;

b) Monetary penalty of up to VND 250,000,000;

c) Deprivation of the right to hold licenses or practicing certificates within a specified term or suspension of the violator's operations within a specified term;

d) Forfeiture of exhibits and/or means used to commit administrative violations which do not exceed the penalty amount regulated at Point b of this Clause;

dd) Remedial measures:

Application of force to restore the land to the former condition before the commission of such violations; return the illegal gain coming from the commission of violation; to reclaim the encroached or appropriated land pieces; adjust the Certificate of which information is erased, deleted or falsified; destroy the false documents relating to the land use; return the acquired acreage of land after being disposed due to the commission of such violations.

4. The Chief Inspector of the Ministry of Natural Resources and Environment, General Director of Land Administration Department shall be vested with the right to impose the following penalties:

a) Warning;

b) Monetary penalty of up to VND 500,000,000;

c) Deprivation of the right to hold licenses or practicing certificates within a specified term or suspension of the violator's operations within a specified term;

d) Forfeiture or seizure of exhibits and/or means used to commit administrative violations;

dd) Remedial measures:

Application of force to restore the land to its former condition before the commission of such violations; return the illegal gain coming from the commission of violation; reclaim the encroached or appropriated land pieces; adjust the Certificate on which information is erased, deleted or falsified; destroy the false documents relating to the land use; return the acquired acreage of land after being disposed due to the commission of such violations.

Article 33. Authority of other regulatory agencies to impose the penalty for administrative violations

Apart from those who have the authority to impose penalties in accordance with this Decree, other regulatory agencies' persons who have the authority to impose penalties as stipulated in Clause 3 Article 52 of the law on handling of administrative violations, within their assigned tasks and duties, and when detecting any administrative violations specified in this Decree, shall be also vested with the authority to impose penalties for any violation that falls within their management power or at their administrative areas.

Article 34. Administrative violation notice and authority to issue the violation notice

1. Notice of land-related administrative violations shall be issued under regulations set out in Article 58 of the Law on Handling of Administrative Violations and the Government’s Decree No.81/2013/ND-CP dated July 19, 2013 on providing details for several provisions and measures to be applied to enforce the Law on Handling of Administrative Violations.

2. Persons who have the authority to issue the administrative violation notice include:

a) Persons who are granted the authority to impose penalties for land-related administrative violations in accordance with regulations laid down in Articles 31, 32 and 33 of this Decree;

b) Officials and public servants of regulatory agencies regulated in Articles 31, 32 and 33 of this Decree who are on duty.

Article 35. Responsibility of the competent person who imposes penalties for administrative violations for the temporary or permanent suspension of land-related services

When handling administrative violations regulated in Article 30 of this Decree, the competent imposer of penalties for such administrative violations shall be responsible to notify the agency who grants a permit or practicing certificate in order to coordinate the task of taking actions against any administrative violation in accordance with laws.

Chapter IV

IMPLEMENTARY PROVISIONS

Article 36. Transitional provisions

1. In respect of any land-related administrative violation that takes place before the effective date of this Decree but was detected after that date, or is under consideration to reach solutions, the Government’s Decree on handling of land-related administrative violations, effective at the commission time, shall be applied to take punitive actions against such violations. Where regulations on penalties for administrative violations laid down in this Decree are beneficial for those who commit administrative violations, regulations enshrined in this Decree shall be applied to take penal measures against such violations.

2. In case of any effective decision on penalty imposition under which violations have not or have been incompletely handled by violators, such violation shall be continuously subject to penal measures described in that decision.

Article 37. Effect

1. This Decree shall come into force from December 25, 2014.

2. This Decree shall replace the Government's Decree No. 105/2009/ND-CP dated November 11, 2009 on imposing penalties for land-related administrative violations and regulations on imposing penalties for violations of land encroachment and appropriation in respect of land used for national defence under regulations laid down in Article 29 of the Government's Decree No. 120/2013/ND-CP dated October 09, 2013 on regulating penalties for administrative violations against regulations on national defence and cipher.

Article 38. Implementation and implementary duty

1. The Minister of Natural Resources and Environment shall assume responsibility for implementing this Decree.

2. Ministers, Heads of ministerial-level regulatory agencies, Heads of Governmental agencies, Presidents of People’s Committees of centrally-affiliated cities and provinces, or relevant organizations, individuals shall assume responsibility for implementing this Decree./.