Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government prescribing administrative violations on land sector

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ATTRIBUTE

Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government prescribing administrative violations on land sector
Issuing body: GovernmentEffective date:
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Official number:102/2014/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:10/11/2014Effect status:
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Fields:Administrative violation , Land - Housing

SUMMARY

Pecuniary penalty to VND 10 million imposed on housing land encroachment and appropriation

From December 25, 2014, pecuniary penalty ranging from VND 5,000,000 to VND 10,000,000, imposed on housing land encroachment and appropriation or 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…are the contents prescribed at the Decree No. 102/2014/ND-CP issued by the Government on November 10, 2014 on administrative violations on land sector.

Also from December 25, 2014, 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 and pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the changes to land parcels but such changes have not been registered in accordance with laws.

Pecuniary penalty ranging from VND 3,000,000 to VND 5,000,000 for individuals and VND 6,000,000 to VND 10,000,000for organizations 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 distrait 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.

Besides, the Decree also prescribes the 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. Accordingly, the late time of more than 12 months to below 30, 30 to below 100 family and to 100 family households or individuals or more shall have Pecuniary penalty ranging from above VND 100,000,000 to VND 300,000,000; VND 300,000,000 to VND 500,000,000 and VND 500,000,000 to VND 1,000,000,000…

This Decree takes effect on December 25, 2014.
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Effect status: Known

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.

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