1. Penalty for not registering land when making the first red book
Pursuant to Clause 1 and Clause 3, Article 16 of Decree 123/2024/ND-CP, if a land user intentionally fails to carry out initial land registration in the following cases, he/she will be subject to an administrative fine of VND 1,000,000 to VND 2,000,000 and forced to carry out initial land registration in accordance with regulations. The cases include:
- Land plot in use but not registered.
- Land plots allocated or leased by the State for use.
- Land plot assigned for management but not registered.
2. Penalty for late transfer of land use right certificate
Pursuant to Clause 3, Article 133 of the 2024 Land Law, within no more than 30 days from the date of notarization of the contract for sale and transfer of real estate, the land user must transfer the red book.
Accordingly, Article 16 of Decree 123/2024/ND-CP stipulates the penalty for late transfer of red book ownership as follows:
- Fine from 1,000,000 VND to 2,000,000 VND for not performing initial land registration.
- A fine of VND 2,000,000 to VND 3,000,000 for failure to register land changes.
In addition to being fined, land users are also forced to register land according to regulations.
3. Penalty for intentionally transferring land without a red book
Pursuant to Clause 3, 4, Article 17 of Decree 123/2024/ND-CP and Article 45 of the 2024 Land Law, the act of intentionally transferring real estate without a red book will be subject to a fine of 30,000,000 VND to 50,000,000 VND and forced to:
- The buyer must return the land.
- The sales contract is void.
- Return the illegal profits obtained from committing the violation.
- Land registration is required in cases where land is eligible for a certificate.
- In case the seller is a dissolved or bankrupt organization or an individual who has died without heirs/moved elsewhere and is not subject to land reclamation by the State: The buyer must take all remedial measures to remedy the consequences caused by the seller and is required to register the land for that piece of land.
4. Penalty for arbitrarily changing information on the red book
In Clause 1, 4, Article 27 of Decree 123/2024/ND-CP, it is stipulated that the act of arbitrarily repairing or erasing the red book will be subject to a fine of VND 2,000,000 to VND 5,000,000. In addition, the repaired or erased red book will also be confiscated.
According to Point b, Clause 1, Article 38 of Decree 101/2024/ND-CP, when the issued red book is stained, blurred, torn, or damaged, the land user must carry out the procedure to issue a new red book.
5. Penalty for using fake books to buy and sell real estate
Clauses 3, 4, and 5, Article 27 of Decree 123/2024/ND-CP stipulate that the act of using fake books to buy and sell real estate will be fined from VND 10,000,000 to VND 20,000,000 if it is not yet serious enough to warrant criminal prosecution.
In addition to administrative sanctions, the competent authority will confiscate the fake documents used and cancel all results of the registration procedure for changes using fake documents during the transfer.
In case there are signs of constituting a crime, consider criminal liability for the crime of Fraudulent appropriation of property according to Article 174 of the 2015 Penal Code.
Note: The above fines are for individuals. In case the violation is committed by an organization, the fine will be twice the fine for individuals (Clause 2, Article 5, Decree 123/2024/ND-CP).
