On the morning of April 29, at the 22nd session, the Hanoi People's Council approved the penalty level for a number of administrative violations in the field of land in Hanoi (implementing Clause 1, Article 33 of the Capital Law).
According to the resolution, the subjects of application are domestic organizations and individuals, foreign organizations and individuals who commit administrative violations in the field of land as prescribed in this resolution. The competent person shall sanction administrative violations in the land sector according to the provisions of law. Other agencies, organizations and individuals related to administrative sanctions prescribed in this resolution.
The fine for administrative violations prescribed in this resolution is twice the fine for corresponding administrative violations prescribed in Decree No. 123/2024/ND-CP in Hanoi, but not exceeding the fine prescribed in Article 24 of the Law on Handling of Administrative Violations.
Organizations that violate will be fined twice the fine applied to individuals.
71 administrative violations are subject to double fines (from Articles 8 to 29) of Decree No. 123/2024/ND-CP of the Government, including:
1. The act of converting rice-growing land to other types of land in the agricultural land group (Clause 1, Article 8).
2. The act of converting rice-growing land to non-agricultural land (not residential land) within the administrative boundaries of a commune (Clause 2, Article 8).
3. The act of converting rice-growing land to residential land within the administrative boundaries of a commune (Clause 3, Article 8).
4. The form and level of penalty for converting rice-growing land to non-agricultural land within the administrative boundaries of a ward or town is twice the penalty level corresponding to the provisions of Clause 2 and Clause 3, Article 8 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government (Clause 4, Article 8).
5. The act of converting special-use forest land, protective forest land, and production forest land to other types of land in the agricultural land group (Clause 1, Article 9).
6. The act of converting special-use forest land, protective forest land, production forest land to non-agricultural land (not residential land) within the administrative boundaries of a commune (Clause 2, Article 9).
7. The act of converting special-use forest land, protective forest land, and production forest land to residential land within the administrative boundaries of a commune (Clause 3, Article 9).
8. For the act of converting special-use forest land, protective forest land, and production forest land to non-agricultural land within the administrative boundaries of a ward or town, the penalty level is twice the penalty level corresponding to the provisions of Clause 2, Clause 3, Article 9 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government (Clause 4, Article 9).
9. The act of converting agricultural land that is not rice-growing land or non-forestry land to non-agricultural land (not residential land) within the administrative boundaries of a commune (Clause 1, Article 10).
10. The act of converting agricultural land that is not rice-growing land or forestry land to residential land within the administrative boundaries of a commune (Clause 2, Article 10).
11. The act of converting agricultural land that is not rice-growing land or non-forestry land to non-agricultural land within the administrative boundaries of a ward or town shall be subject to a penalty of 02 times the penalty corresponding to the provisions of Clause 1 and Clause 2, Article 10 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government (Clause 3, Article 10).
12. The act of converting other types of land to concentrated livestock land when implementing large-scale concentrated livestock projects (Clause 1, Article 11).
13. The act of converting non-agricultural land allocated by the State without collecting land use fees to other types of non-agricultural land (not residential land) allocated by the State with land use fees or leased land within the administrative boundaries of a commune (Clause 1, Article 12).
14. The act of converting non-agricultural land other than residential land to residential land within the administrative boundaries of a commune (Clause 2, Article 12).
15. The act of converting land for construction of public works, land used for public purposes with business purposes to non-agricultural production and business land within the administrative boundaries of the commune (Clause 3, Article 12).
16. The act of converting non-agricultural production and business land that is not commercial or service land to commercial or service land within the administrative boundaries of a commune (Clause 4, Article 12).
17. The act of changing the purpose of land use in an area within the administrative boundary of a ward or town shall be subject to a penalty equal to 02 times the penalty for each corresponding type of land (Clause 5, Article 12).
18. The act of encroaching or occupying land managed by a State agency or organization shall be stated in the cadastral records within the administrative boundaries of the commune or the documents assigning land for management (Clause 1, Article 13, etc.
19. The act of encroaching or occupying agricultural land (not rice-growing land, special-use forest land, protective forest land, production forest land) is not subject to the provisions of Clause 1 of this Article but is within the administrative boundaries of the commune (Clause 2, Article 13, etc.
20. The act of encroaching or occupying agricultural land that is rice-growing land, special-use forest land, protective forest land, and production forest land not falling under the provisions of Clause 1 of this Article but within the administrative boundaries of the commune (Clause 3, Article 13, etc.).
21. The act of encroaching or occupying non-agricultural land not falling under the provisions of Clause 1 of this Article but within the administrative boundaries of the commune (Clause 4, Article 13, etc.).
22. Land use behavior in which the State has decided to allocate or lease land but the person to whom the land is allocated or leased has not yet been handed over the land on site (Clause 5, Article 13, Clause 5).
23. For acts of encroachment or occupation of land within the administrative boundaries of a ward or town, the penalty level is twice the penalty level for the corresponding type of land prescribed in Clauses 1, 2, 3, 4, Article 13 and the maximum penalty level is not more than 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations (Clause 6, Article 13, etc.
24. The act of reducing the quality of soil in one of the following cases: Losing or reducing the thickness of the ground floor; change the surface layer of agricultural production soil with materials, waste or soil and sand, gravel, rock or soil with different components than the type of soil used; Causing fading, causing erosion, washing away agricultural land, which led to loss of or reduced the possibility of land use have been defined (Clause 1, Article 14).
25. Acts of terrain deformation in one of the following cases: Changing the soil surface slope; lowering the surface of the soil; Landing soil with specialized water surfaces (except for irrigation lakes) or enhanced leveling, lowering the surface of agricultural land, aquaculture that loses or reduces the ability to use land according to the determined purposes (except for the conversion of crops and animals on rice cultivation soils in rice cultivation combined with aquaculture, construction works to directly serve agricultural production on land and improve land in the land and renovate the land and improve the land in the land and improve the land in the land of rice and land in the land of rice and land to improve the land and improve the land in the land of rice and land in the field of rice and land, improve the land of rice and land, improve the land of rice and improve the land of the land, improve the land in the land and improve the land in the land and improve the land in the land and improve the land in the land of rice and land in the field land use, leased, recognized for land use rights or in accordance with investment projects that have been approved by the competent People's Committee for land allocation or lease or approval) (Clause 2, Article 14).
26. The act of putting construction materials or other objects on a land plot under the use rights of another person or a land plot under its own rights that hinders or causes difficulties for the use of another person's land (Clause 1, Article 15).
27. The act of digging, building walls, or building fences on land under its or another person's right to use is an obstacle to or causes difficulties in the use of another person's land (Clause 2, Article 15).
28. The act of not performing the first land registration as prescribed in Points a, b and c, Clause 1, Article 132 of the Land Law (Clause 1, Article 16).
29. The act of not registering land changes as prescribed in Points a, b, i, k, l, m and q, Clause 1, Article 133 of the Land Law (Clause 2, Article 16).
30. The act of converting agricultural land use rights without meeting one of the conditions prescribed in Clause 1, Article 45 of the Land Law (Point a, Clause 1, Article 17).
31. The act of converting agricultural land use rights without meeting the conditions prescribed in Article 47 of the Land Law (Point b, Clause 1, Article 17).
32. The act of converting agricultural land use rights without meeting the conditions prescribed in Clause 1, Article 45 and Article 47 of the Land Law (Point c, Clause 1, Article 17).
33. The act of an individual who is an ethnic minority person being allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the Land Law (except for the cases specified in Clause 1, Clause 2, Article 48 of the Land Law) but transferring, contributing capital, donating, or inheriting land use rights (Clause 2, Article 17).
34. The act of transferring, leasing, subleasing, inheriting, donating land use rights; mortgaging, contributing capital using land use rights does not meet one of the conditions prescribed in Clause 1, Article 45 of the Land Law (Point a, Clause 3, Article 17).
35. The act of transferring, leasing, subleasing, inheriting, donating land use rights; mortgaging, contributing capital using land use rights does not meet one of the conditions prescribed in Clause 1, Article 45 of the Land Law (Point b, Clause 3, Article 17).
36. The act of transferring, leasing, subleasing, inheriting, donating land use rights; mortgaging, contributing capital using land use rights does not meet one of the conditions prescribed in Clause 1, Article 45 of the Land Law (Point c, Clause 3, Article 17).
37. Acting for conversion, mortgage of land use rights for land allocated by the State or recognition of land use rights in the form of land allocation without collection of land use levies (except for cases of agricultural land of households and individuals), land leased land paid by the State annually, land recognized by the State using land use rights in the form of land allocation with land use levy or land lease in the form of land rental for financial payment. Article 18).
38. Acts of leasing and subleasing land use rights for land allocated by the State or recognition of land use rights in the form of land allocation without collecting land use levy (except for agricultural land of households and individuals), land leased land paid by the State annually, the land is recognized by the State with land use rights in the form of land allocation with land use levy or lease in the form of land rental for all time for financial payment. 2 Article 18).
39. Acts of transfer, donation, inheritance and capital contribution with land use rights to land allocated by the State or recognition of land use rights in the form of land allocation without collecting land use levies (except for agricultural land of households and individuals), the land is recognized by the State with land use rights in the form of land delivery with land use levy or lease in the form of a lease of land rent for the entire lease of the entire lease.
40. The act of transferring, donating, contributing capital, leasing, mortgaging land allocated by the State to another economic organization or organization for management (Clause 4, Article 18.
41. The act of organizing a State allocation of land with land use fees or leasing land with one-time payment for the entire lease term but giving away land use rights to the wrong subjects as prescribed in Point d, Clause 1, Article 33 of the Land Law (Clause 5, Article 18.
42. The behavior of public service units that are leased land by the State with annual payments is not a case of using land to invest in the construction and business of infrastructure of industrial parks and industrial clusters but selling, mortgaging, contributing capital in assets attached to land and lease rights in land lease contracts (Clause 6, Article 18.
43. The behavior of an economic organization receiving a transfer of agricultural land use rights without a land use plan shall be approved by the People's Committee at the district level according to the provisions of Clause 6, Article 45 of the Land Law (Clause 1, Article 19).
44. The behavior of an individual who does not directly produce agriculture and receive a transfer or donation of rice-based land use rights exceeding the limit without establishing an economic organization as prescribed in Clause 7, Article 45 of the Land Law (Clause 2, Article 19).
45. The behavior of organizations, individuals, communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that receive transfers or gifts of land use rights is not subject to the provisions of Clause 1, Article 28 of the Land Law (Clause 1, Article 20.
46. Behavior for individuals who do not live in protective forests or special-use forests that receive transfers or gifts of land use rights for residential land and other land in protective forests, within strictly protected subdivisions or ecological restoration subdivisions of those special-use forests (Clause 2, Article 20).
47. Behavior in cases of receiving transfer, receiving capital contributions, receiving gifts, receiving inheritance of land use rights of ethnic minorities allocated or leased land by the State as prescribed in Clause 3, Article 16 of the Land Law (except for cases specified in Clause 1, Clause 2, Article 48 of the Land Law) (Clause 3, Article 20.
48. Behaviors for economic organizations receiving transfer of rights to use protective forest land and special-use forest land from individuals, except in cases where the purpose of land use is changed according to a land use plan or plan approved by a competent State agency (Clause 4, Article 20.
49. The act of selling assets attached to land leased by the State with annual payments for infrastructure projects without meeting one of the conditions prescribed in Clause 1, Article 45 of the Land Law (Clause 1, Article 21).
50. The act of selling assets attached to land leased by the State for annual land rent without meeting one of the conditions prescribed in Clause 1, Article 46 of the Land Law (Clause 2, Article 21).
51. The act of selling assets attached to land leased by the State with annual payments and lease rights in the land lease contract without meeting one of the conditions prescribed in Clause 2, Article 46 of the Land Law (Clause 3, Article 21).
52. The act of an investor who has been leased land by the State to invest in the construction and business of infrastructure of industrial parks and industrial clusters in the form of annual land rent payment but leases land back in the form of land lease with one-time payment for the entire lease term (Clause 1, Article 22, etc.).
53. The act of receiving land use rights to implement socio-economic development projects without meeting the conditions prescribed (Clause 1, Article 23).
54. The act of not using land for annual crops or aquaculture for 12 consecutive months (Clause 1, Article 24, etc.).
55. The act of not using land for perennial crops for 18 consecutive months (Clause 2, Article 24, etc.).
56. The act of not using land for forestry for 24 consecutive months (Clause 3, Article 24, etc.).
57. The behavior of a land user who is allocated land by the State without collecting land use fees before July 1, 2014 but is subject to land lease according to the provisions of the Land Law No. 45/2013/QH13 and the Land Law No. 31/2024/QH15, but on the effective date of this Decree, he/she has not submitted documents to complete the procedures for converting to land lease (Clause 1, Article 25, etc.).
58. Behavior in cases of relocation or deviation of administrative unit boundary markers (Clause 1, Article 26).
59. Behavior in cases of damage to administrative unit boundary markers (Clause 2, Article 26).
60. The behavior in cases of erasing, correcting, or distorting the content of documents and certificates in land use does not fall under the cases specified in Clause 2 and Clause 3, Article 27 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government (Clause 1, Article 27).
61. The behavior in cases of dishonest declaration of land use or erasing, correcting, or distorting the content of documents and certificates in land use leads to disturbances in the issuance of Certificates and the conversion, transfer, lease, inheritance, donation, mortgage, and capital contribution using land use rights that have not yet reached the level of criminal prosecution (Clause 2, Article 27).
62. The behavior in cases of using fake documents in administrative procedures and other land-related work that does not reach the level of criminal prosecution prescribed (Clause 3, Article 27).
63. The behavior in cases of providing inaccurate or incomplete land information as requested (in writing) by the responsible person related to the inspection, examination, and collection of evidence to resolve land disputes by the People's Court and administrative agencies at all levels (Clause 2, Article 28).
64. Behavior in cases where the required time limit expires without providing information, documents, and papers related to inspection, examination, and collection of evidence to resolve land disputes by the People's Court and administrative agencies at all levels (Clause 3, Article 28).
65. Violations of individuals practicing land price consulting in land price determination consulting organizations without a Pricing Appraisal Card as prescribed by the law on prices without meeting the conditions prescribed in Clause 1, Article 36 of Decree No. 71/2024/ND-CP regulating land prices (Point a, Clause 1, Article 29).
66. Violations of individuals practicing independent land price consulting outside the land price consulting organization (Point b, Clause 1, Article 29).
67. Violations of a land investigation and appraisal consulting service organization that does not meet one of the conditions prescribed in Clause 1, Article 17 of Decree No. 101/2024/ND-CP regulating basic land investigation; registration for granting certificates of land use rights, ownership of assets attached to land and the Land Information System (Point a, Clause 2, Article 29).
68. Acts of violations of the Consulting Organization for Consulting Price Determination of Land Price does not register for a list of pricing and changes and supplements of the list of pricing members with the provincial land management agency where the head office is registered at the provisions of Point g, Clause 2, Article 162 of the Land Law (Point b, Clause 2, Article 29).
69. Violations by consulting organizations determining land prices do not meet one of the conditions specified in Clause 3, Article 162 of the Land Law (Point a, Clause 3, Article 29).
70. Violations of a consulting organization in planning and land use planning that does not meet one of the conditions specified in Clause 1, Article 23 of Decree No. 102/2024/ND-CP detailing the implementation of a number of articles of the Land Law (Point b, Clause 3, Article 29).
71. The behavior of a training and professional development institution on land prices without ensuring one of the conditions prescribed in Clause 3, Article 36 of Decree No. 71/2024/ND-CP regulating land prices (Clause 4, Article 29).
