The Government has issued Decree 281/2026/ND-CP (effective August 31, 2026) amending Decree 123/2024/ND-CR regulating penalties for administrative violations in the field of land. In which, there are amendments to a number of regulations on administrative penalties for the act of not registering land changes.
Article 4 of Decree No. 281/2026/ND-CP has amended and supplemented Clause 2, Article 16 of Decree 123/2024/ND-CR stipulating the level of penalties for the act of not registering land in the direction of supplementing regulations on cases that are not penalized. Specifically:
Article 4. Amending and supplementing Clause 2, Article 16
2. 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, 1, m and q, clause 1, Article 133 of the Land Law, except for cases of receiving land use rights to implement investment projects through agreements on receiving land use rights as prescribed in Article 127 of the 2024 Land Law".
Based on Article 127 of the 2024 Land Law stipulating the use of land to implement socio-economic development projects through agreements on receiving land use rights or having land use rights as follows:
1. The use of land to implement socio-economic development projects through agreements on land use rights is carried out in the following cases:
a) Cases where project implementation does not fall into the land recovery case specified in Article 79 of this Law;
b) For cases of using land to implement commercial housing construction investment projects, only agreement on receiving residential land use rights is allowed;
c) Cases that do not use state budget capital and fall into the case of land recovery under Article 79 of this Law where investors choose the option of agreeing on receiving land use rights, not proposing land recovery.
2. Land agreed upon to receive land use rights to implement socio-economic development projects that have been allocated land, leased land, and recognized land use rights for land users by the State; in case in the land area implemented according to the provisions of Clause 1 of this Article, there is land area managed by state agencies and organizations but cannot be separated into an independent project, the land area managed by state agencies and organizations is included in the total land area for project development and is recovered by the State to be allocated or leased to investors to implement projects without going through the form of land use right auctions, without bidding to select investors to implement land-using projects...
