Pursuant to Point b, Clause 3, Article 17 of Decree 123/2024/ND-CP, regulations on transferring rights, leasing, subleasing, mortgaging land use rights without meeting the prescribed conditions are as follows:
Article 17. Transferring rights, leasing, subleasing, mortgaging land use rights without meeting the prescribed conditions
1. For the act of converting agricultural land use rights without meeting the prescribed conditions, the form and level of penalty are as follows:
a) Fine from VND 2,000,000 to VND 3,000,000 for the act of converting agricultural land use rights without meeting one of the conditions prescribed in Clause 1, Article 45 of the Land Law.
b) Fine from VND 3,000,000 to VND 5,000,000 for the act of converting agricultural land use rights without meeting the conditions prescribed in Article 47 of the Land Law.
c) Fine from VND 5,000,000 to VND 10,000,000 for 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.
2. The act of an individual who is an ethnic minority person who is 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) and transfers, contributes capital, donates, or inherits land use rights shall be subject to a fine of VND 5,000,000 to VND 10,000,000.
3. 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 shall be subject to the following forms and levels of sanctions:
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.
Thus, the act of mortgaging land use rights when the land is in inheritance dispute will be subject to a fine of VND 20,000,000 to VND 30,000,000.
Note: Pursuant to Clause 2, Article 5 of Decree 123/2024/ND-CP, the above penalty level applies to individuals who commit violations, the penalty level applies to organizations with violations equal to 2 times the penalty level of the organization.
