Penalty for intentionally transferring land without red book

Youme Law Firm LLC said: Clause 3, Clause 4, Article 17 of Decree 123/2024/ND-CP stipulates that from October 4, 2024, the act of intentionally transferring real estate without a red book, the individual committing the act will be administratively fined from 30 to 50 million VND.

In particular, the acts of transferring, leasing, sub-leasing, inheriting, donating land use rights; mortgaging, contributing capital with land use rights that do not satisfy one of the conditions prescribed in Clause 1, Article 45 of the Land Law shall have the following forms and levels of penalties:

Fine from 3,000,000 VND to 5,000,000 VND for the act of inheriting or donating land use rights;

A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of leasing, subleasing or mortgaging land use rights;

Fine from 30,000,000 VND to 50,000,000 VND for the act of transferring or contributing capital using land use rights.

At the same time, remedial measures must be taken:

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, has 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.

The above fine is for individuals. If the violator is an organization, the fine will be doubled, from 60 to 100 million VND, and they will be forced to fully implement remedial measures.