Lawyer Quach Thanh Luc - Director of the Law Firm has given answers to this case.
Accordingly, based on Clause 2, Clause 3, Article 16, Chapter II of Decree No. 123/2024/ND-CP regulating administrative sanctions in the field of land (effective from October 4, 2024), the following penalties will be imposed:
If you transfer real estate without registering land changes, you will be fined from 2 to 3 million VND and this fine will double if it is an organization that violates.
At the same time, measures to remedy the consequences of not registering land changes include requiring individuals to carry out procedures for registering changes in accordance with regulations.
In the coming time, according to the provisions of Points a, b, i, k, l, m and q, Clause 1, Article 133 of the 2024 Land Law, registration of changes will be carried out in cases where a certificate has been granted or has been registered but there are the following changes:
- Land has been converted, transferred, inherited, donated, contributed as capital for land use rights and assets attached to land.
- Land has been leased, subleased for infrastructure construction and business projects.
- Land users and owners of assets attached to land are allowed to change their names.
- Project land has been transferred, divided, separated, consolidated, merged, or converted to organizational model.
- Land has changed land use rights and property ownership rights attached to land according to the results of successful conciliation of land disputes recognized by the competent People's Committee.
- Land is agreed in the mortgage contract to settle debt.
- Land has changed land use rights and property ownership rights attached to land according to the decision of the competent state agency on resolving land disputes, complaints and denunciations; according to the verdict and decision of the Court and the enforcement agency.
- Land has changed land use rights and property ownership rights attached to land according to the decision/judgment of the Vietnam Commercial Arbitration on dispute resolution between the parties.
- Land rights are established, changed or terminated for adjacent land plots.
- Change the restricted rights of land users.
- Selling assets, transferring, assigning land use rights that are public assets according to the provisions of law on management and use of public assets.
"Thus, at present, if you give away land use rights without registering land changes, you can be fined from 2 to 3 million VND for individuals; from 4 to 6 million VND for organizations, and at the same time be forced to carry out land registration procedures according to the regulations cited above" - Lawyer Quach Thanh Luc emphasized.
