According to Article 12 of Decree 123/2024/ND-CP, the level of administrative penalties for using land in the non-agricultural land group for other purposes without permission from a competent State agency is as follows:
- 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 collecting land use fees or leasing land within the administrative boundaries of the commune, the form and level of penalty are as follows:
+ Fine from 10,000,000 VND to 20,000,000 VND for land area under 0.1 hectare.
+ Fine from 20,000,000 VND to 50,000,000 VND for land area from 0.1 hectare to less than 0.5 hectare.
+ Fine from 50,000,000 VND to 100,000,000 VND for land area from 0.5 hectare to less than 01 hectare.
+ Fine from 100,000,000 VND to 150,000,000 VND for land area from 1 hectare to less than 2 hectares.
+ Fine from 150,000,000 VND to 200,000,000 VND for land area from 2 hectares or more.
- The form and level of penalty for converting non-agricultural land that is not residential land to residential land within the administrative boundaries of a commune are as follows:
+ Fine from 10,000,000 VND to 20,000,000 VND for land area under 0.02 hectares.
+ Fine from 20,000,000 VND to 50,000,000 VND for land area from 0.02 hectares to less than 0.05 hectares.
+ Fine from 50,000,000 VND to 100,000,000 VND for land area from 0.05 hectares to less than 0.1 hectares.
+ Fine from 100,000,000 VND to 150,000,000 VND for land area from 0.1 hectare to less than 0.5 hectare.
+ Fine from 150,000,000 VND to 200,000,000 VND for land area from 0.5 hectare or more.
- The act of converting land for construction of public works or land used for public purposes with business purposes to non-agricultural production and business land within the administrative boundaries of the commune shall be subject to the following forms and levels of penalties:
+ Fine from 5,000,000 VND to 10,000,000 VND for land area under 0.05 hectares.
+ Fine from 10,000,000 VND to 30,000,000 VND for land area from 0.05 hectare to less than 0.1 hectare.
+ Fine from 30,000,000 VND to 50,000,000 VND for land area from 0.1 hectare to less than 0.5 hectare.
+ Fine from 50,000,000 VND to 100,000,000 VND for land area from 0.5 hectare to less than 1 hectare.
+ Fine from 100,000,000 VND to 150,000,000 VND for land area from 1 hectare to less than 2 hectares.
+ Fine from 150,000,000 VND to 200,000,000 VND for land area from 2 hectares or more.
- 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 the commune shall be subject to the following forms and levels of penalties:
+ Fine from 10,000,000 VND to 20,000,000 VND for land area under 0.1 hectare.
+ Fine from 20,000,000 VND to 50,000,000 VND for land area from 0.1 hectare to less than 0.5 hectare.
+ Fine from 50,000,000 VND to 100,000,000 VND for land area from 0.5 hectare to less than 01 hectare.
+ Fine from 100,000,000 VND to 150,000,000 VND for land area from 1 hectare to less than 2 hectares.
+ Fine from 150,000,000 VND to 200,000,000 VND for land area from 2 hectares or more.
- The penalty for changing land use purposes in areas within the administrative boundaries of wards and towns is twice the penalty for each corresponding type of land.
- Remedial measures:
+ Forced restoration of the original condition of the land before the violation, except for the case specified in Clause 3, Article 139 of the 2024 Land Law.
+ Forced to return illegal profits obtained from committing violations.
* Note: According to Clause 2, Article 5 of Decree 123/2024/ND-CP, the above fine applies to individuals. The fine for an organization is twice the fine for an individual committing the same administrative violation.
Decree 123/2024/ND-CP takes effect from October 4, 2024.
