Decree No. 91/2019/ND-CP penalties for administrative violations against regulations on land

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Decree No. 91/2019/ND-CP dated November 19, 2019 of the Government on penalties for administrative violations against regulations on land
Issuing body: GovernmentEffective date:
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Official number:91/2019/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:19/11/2019Effect status:
Known

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Fields:Administrative violation , Land - Housing

SUMMARY

From January 05, 2020, to fine up to VND 1 billion with entity failing to submit documents for granting land use rights certificates

On November 19, 2019, the Government issues the Decree No. 91/2019/ND-CP on penalties for administrative violations against regulations on land, which takes effect on January 05, 2020 and replaces the Decree No. 102/2014/ND-CP.

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.

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Effect status: Known

THE GOVERMENT

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No. 91/2019/ND-CP

THE SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

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Hanoi, November 19, 2019

 

DECREE
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.

Chapter I
GENERAL PROVISIONS

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;

b) Arbitrarily using land under the lawful use right of other organizations or individuals without permission of such organizations or individuals;

c) Using land allocated or leased by the State but the land use term expires and is not allowed to get extended by the State (except for households and individuals directly engaged in agricultural production using agricultural land);

d) Using land lots without completing procedures for land allocation or lease as prescribed by related laws.

3. Land destruction refers to the act of deforming the topography, degrading soil quality or causing soil pollution, which causes the loss or reduction of the ability to use land for the determined purposes, including:

a) Deforming the topography in the following cases: changing in slope of the land surface; lowering the land surface for other purposes or making the land surface lower than those of the adjacent land lots; filling special-use waters, canals, ditches, drainage or uplifting agricultural land surface compared with those of the adjacent land lots; except for cases of converting agricultural land into terraced fields and other land improvement methods suitable to the usage purposes of allocated or leased land or in line with investment projects approved by competent People's Committees in charge of land allocation and lease;

b) Degrading soil quality in the following cases: causing loss or reduction of the thickness of arable land; altering the topsoil of agricultural land with materials, wastes or soils mixed with gravels, stones or other ingredients rather than those of the currently-used land; causing erosion and/or washout of agricultural soil;
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