The Government has just issued Decree 340/2025/ND-CP regulating penalties for administrative violations in the monetary and banking sectors. This Decree takes effect from February 9, 2026.
Based on Article 38 of Decree 340/2025/ND-CP stipulating penalties for violations of regulations on real estate business, specifically as follows:
(1) A fine of between 200,000,000 VND and 250,000,000 VND shall be imposed for the act of organizing credit for real estate business, except for specific cases as follows:
- Buying, investing, owning real estate to use as business headquarters, working locations or warehouse facilities directly serving the professional activities of credit institutions;
- Leasing a part of the business headquarters owned by a credit institution that has not been fully used;
- Holding real estate due to debt handling.
+ Within 5 years from the date of the decision to handle collateral, which is real estate, the credit institution must sell, transfer or repurchase this real estate.
+ In case of buying back real estate, it must ensure the purpose of use specified in Clause 1, Article 139 of the 2024 Law on Credit Institutions and the investment ratio in fixed assets specified in Clause 3, Article 144 of the 2024 Law on Credit Institutions.
(2) Remedial measures:
Forcing the state budget to pay illegal profits obtained from committing acts of violating the provisions of Clause 1, Article 38 of Decree 340/2025/ND-CP.
The fine level specified above applies to individuals. The fine level for organizations is equal to 2 times the fine level for individuals with the same administrative violation.
For individuals who are employees of organizations that are people's credit funds, microfinance institutions, dependent units of people's credit funds, microfinance institutions equal to 10% of the above-mentioned fine;
For organizations that are people's credit funds, microfinance institutions, dependent units of people's credit funds, microfinance institutions, the fine level is 2 times the amount applied to individuals who work at people's credit funds, microfinance institutions, dependent units of these organizations.
