The Government issued Decree 281/2026/ND-CP amending and supplementing a number of articles of Decree No. 123/2024/ND-CP dated October 4, 2024, stipulating penalties for administrative violations in the field of land.
Decree 281/2026/ND-CP supplements Article 3a after Article 3 stipulating the principles for determining administrative violations in the field of land as follows:
1. The handling of administrative violations in the field of land for special administrative units recognized as urban areas according to the provisions of law performing corresponding tasks and powers of local authorities in wards shall apply the same penalty level as administrative units of wards;
The handling of administrative violations in the field of land for special administrative units performing corresponding tasks and powers of local authorities in communes shall apply the same penalty level as administrative units of communes.
2. If husband and wife share land use rights, administrative violation penalties are applied as for an individual.
It is noteworthy that Decree 281/2026/ND-CP amends and supplements point b, clause 2 and adds points p, q, r, s after point o, clause 3, Article 4 in the direction of supplementing remedial measures such as: Forcing the restoration of the original state of the land before the violation; forcing the restoration of the original state of the administrative unit boundary markers; forcing the re-implementation of administrative procedures on land and forcing the submission of documents that have been erased, corrected, or falsified, and fake documents that have been used.
Decree 281/2026/ND-CP amending and supplementing Clause 1, Article 6 stipulates the determination of illegal profits collected from violations.
Illegal profit is the amount of profit calculated as money obtained by organizations and individuals committing administrative violations in the field of land from land use after violations and must be paid to the state budget.
In case the violation is committed by multiple organizations and individuals on the same land plot, the illegal profits to be paid are divided equally among the organizations and individuals who also violate.
A new content added is: In case the violator has paid money into the state budget from the illegal land use, the illegal profit to be paid is deducted from the money already paid into the state budget.
Decree 281/2026/ND-CP amending and supplementing Clause 2, Article 16 stipulates the level of penalties for the act of not registering land in the direction of supplementing regulations on cases that are not penalized.
A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for 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, except for cases of receiving land use rights to implement investment projects through agreement on receiving land use rights as prescribed in Article 127 of the Land Law.
Decree 281/2026/ND-CP also amends and supplements a number of regulations in Article 30, Article 31 on the sanctioning authority of the Chairman of the Commune-level People's Committee; specialized inspection agency.
According to new regulations, the Chairman of the Commune-level People's Committee has the power to: Issue a warning; fine up to 250,000 VND; suspend consulting service activities for a term of 3 months and apply remedial measures specified in Clause 3, Article 4 of Decree 123/2024/ND-CP.
The Decree takes effect from August 31, 2026.
