MODIFICATIONS AND SUPPLEMENTS OF PENALTIES FOR VIOLATIONS IN LAND-LAW FIELD

by Apra Law

Land is an area that people are interested in a lot from the perspective of being a limited resource compared to the continuous growth and development of people. Therefore, investing, speculating and hoarding land is considered a profitable and potential business method. In addition to promulgating legal documents on land guiding the use, management, investment, and sale of land, the government also promulgates regulations on handling of administrative violations in the field of land. In this article, let’s learn some regulations on administrative sanctions in the following land field with Apra Law.

Decree No. 91/2019/ND-CP of the government issued on November 19, 2019, detailing violations, forms of punishment, remedial consequences, authority to make minutes and competence the right to impose administrative penalties in the field of land includes violations of land and violations in the performance of land services.

The statute of limitations for sanctioning an administrative violation is 2 years from the time of violation.

Sanctions include: Warning; Monetary fine; Additional fines such as confiscation of papers that have been erased, corrected, falsified content, used fake papers; Deprivation of the right to use the license to provide consultancy services in the field of land from 6 to 12 months or suspend the operation of land consulting services from 9 to 12 months.

On January 6, 2022, the Government issued Decree 04/2022/ND-CP amending and supplementing Decrees on sanctioning of administrative violations in the field of land; water and mineral resources; hydrometeorology; surveying and cartography.

For the land sector, Decree 04/2022 has amended and supplemented a number of articles of Decree 91/2019/ND-CP on penalties for administrative violations in the land sector.

Accordingly, a fine of between VND 50-100 million will be imposed in the case of receiving the transfer of land use rights associated with the transfer of part or the whole of an investment project, but the transferee does not have a business line suitable to the provisions of this Decree land use purposes, investment project objectives, or failing to make a deposit as prescribed by the law on investment or not having sufficient financial capacity as prescribed in Clause 2, Article 14 of Decree No. 43/2014/ ND-CP or violate the provisions of the law on land for cases where the land is currently allocated or leased by the State for the implementation of other investment projects;

A fine ranging from 5 to 10 million dong shall be imposed for consulting activities on the formulation of land use planning and plans but not having the function of consulting on making master plans and plans on land use or there are not enough 02 practicing individuals consulting on making master plans and plans on land use specified in Clause 2, Article 10 of Decree 43/2014/ND (added and amended in Clause 8 Article 1 of Decree 148/2020/ND-CP); A fine of between VND 10 million and VND 20 million shall be imposed on cases of consulting activities on the formulation of land use planning and plans, but they do not have the function of consulting on making master plans and plans on land use and there are not enough 02 individuals to operate the land. The profession of consultancy on making master plans and plans on land use is specified in Clause 2, Article 10 of Decree No. 43/2014/ND.

Additional sanctions for this violation are: deprivation of the right to use operating licenses for 06-09 months for organizations with operating licenses and suspension of operation for 09-12 months for organizations without operating licenses from the effective date of the decision on sanctioning of administrative violations.

In addition, Decree 04/2022/ND-CP also amends a number of articles of Decree 91/2019/ND-CP for the following cases: using land allocated by the State, leasing land for which the term has expired use without extension of land use term and the decision on land recovery has been announced and implemented, but the land user does not comply; In case the land is used for other purposes without the permission of a competent State agency; In case of land use due to encroachment; In case of transfer or capital contribution with land use rights, the conditions are not satisfied as prescribed; In case of transfer of land use rights in the form of subdivision of plots for sale in the investment project, construction and business of houses for sale, the conditions are not met….

Also according to Decree 04/2022, chairpersons of district-level People’s Committees have the right to impose fines of up to VND 100 million (instead of VND 50 million as previously prescribed) for administrative violations in the land sector.

Above is the article on “Amendment of administrative sanctions in the field of land” of Apra Law Company Limited. If you have questions or comments about the issues mentioned in the article and need to be answered, please contact the hotline for advice and support.

_________________________________

For any inquiries, please contact:

APRA LAW FIRM

Address: 7th floor, 57 Tran Quoc Toan Street, Tran Hung Dao Ward, Hoan Kiem district, Hanoi city, Vietnam.

Email: info@apra.vn

Hotline: 024.23486234 – 0948495885

0948 49 5885