Decree No. 91/2019/ND-CP penalties for administrative violations against regulations on land
From January 05, 2020, to fine up to VND 1 billion with entity failing to submit documents for granting land use rights certificates
This Decree supplements the regulation on new fine level in case real estate project executing organizations failing to submit documents to carry out procedures for granting certificates to buyers, renters of houses, construction works or transferee of land use titles, or failing to provide or providing inadequate documents to buyers, renters of houses.
The fine level for the above violations shall be determined on the basis of time and scope of such violations. To be specific, from 50 days to 06 months of violations, a fine between VND 10 million and VND 30 million shall be imposed on violations affecting less than 30 apartments; maximum fine of VND 50 million shall be imposed on violations affecting from 30 to less than 100 apartments; for more than 100 apartments, the maximum fine shall be VND 100 million.
For more than 06 months to 09 months violation, the maximum fine shall up to VND 300 million for violations affecting more than 100 apartments. Especially, for violation of 12 months or more and affecting more than 100 apartments, the fine may up to VND 1 billion and such violator must conduct compulsory submission of documents or sufficient provision of documents to buyers.
For individual, this Decree also regulates that a fine of between VND 02 million and VND 03 million shall be imposed on failing to supply information, documents and materials related to the inspection, examination and collection of evidences to settle land-related disputes by the People's Courts and administrative agencies at all levels.
In case individual using forged documents in carrying out administrative procedures and other land-related activities but not to the extent of being examined for penal liability, a fine between VND 10,000,000 and VND 30,000,000 shall be imposed.
For further details of the Decree 91/2019/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIET NAM
Hanoi, November 19, 2019
On penalties for administrative violations against regulations on land
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
Pursuant to the Law on Land dated November 29, 2013;
Pursuant to the Law on Housing dated November 25, 2014;
Pursuant to the Law on Real Estate Business dated November 25, 2014;
At the request of the Minister of Natural Resources and Environment;
The Government promulgates a Decree on penalties for administrative violations against regulations on land.
Article 1. Scope of regulation
This Decree regulates administrative violations, penalty measures, penalty rates, consequence improvement measures, decentralized competence on making records and imposing penalties on administrative violations against regulations on land, including violations against regulations on land use and provision of land-related services.
Article 2. Subjects of application
1. Entities subject to administrative penalties as prescribed in this Decree include the following entities, who commit administrative violations hereof in the territory of the Socialist Republic of Vietnam, unless otherwise prescribed in international treaties to which Vietnam is a contracting party:
a) Households, communities, domestic individuals, foreign individuals, overseas Vietnamese (hereinafter referred collectively to as individuals);
b) Domestic organizations, foreign organizations, foreign-invested enterprises, religious establishments (hereinafter referred collectively to as organizations).
2. Agencies and/or persons with competence on imposing penalties and organizations and/or individuals involved in imposing penalties on administrative violations as prescribed in this Decree.
Article 3. Interpretation of terms
1. Land encroachment refers to the act of a land user who moves the landmarks of his/her land lot or trespass on the boundary of other’s land lot in order to expand the area of his/her land lot without the permission of the State agencies in charge of land governance or the lawful user of such encroached land.
2. Land appropriation is the use of land in any of the following cases:
a) Using land without permission of the State agencies in charge of land governance;