Pursuant to Point b, Clause 3, Article 17 of Decree 123/2024/ND-CP stipulating the act of transferring, leasing, subleasing, inheriting, donating land use rights; mortgaging, contributing capital using land use rights that do not meet one of the conditions prescribed in Clause 1, Article 45 of the Land Law, the forms and levels of sanctions are as follows:
a) Fine from VND 3,000,000 to VND 5,000,000 for the act of inheriting or donating land use rights.
b) Fine from VND 20,000,000 to VND 30,000,000 for the act of leasing or subleasing or mortgaging land use rights.
c) Fine from VND 30,000,000 to VND 50,000,000 for the act of transferring or contributing capital using land use rights.
Pursuant to Point a, Clause 1, Article 45 of the 2024 Land Law, land without a red book is regulated as follows:
- Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when meeting the following conditions:
+ Having a certificate of land use rights or certificates of ownership of housing and residential land use rights or certificates of land use rights, ownership of houses and other assets attached to land or land use right certificates, ownership of properties attached to land, except for cases of inheritance of land use rights, agricultural land conversion when filling, exchanging plots, donating land use rights for the State and the provisions of the State, the category of the State Article 127 of this Law.
Thus, land without a red book for lease is not eligible for lease rights in Article 45 of the 2024 Land Law, and will be subject to a fine of VND 20,000,000 to VND 30,000,000 according to Article 17 of Decree 123/2024/ND-CP.
Note: The above fine level applies to individuals. The fine for an organization is twice the fine for an individual committing the same administrative violation (Clause 2, Article 5 of Decree 123/2024/ND-CP).
