On November 19, 2019, the Government issued Decree 91/2019 / ND-CP on sanctioning administrative violations in the field of land, replacing Decree 102/2014 / ND-CP. The Decree has some new points on administrative sanctions in the field of land. In particular, the Decree specifies the cases and corresponding fines for acts of encroaching on and occupying land in rural and urban areas. Accordingly, for acts of land encroachment can be fined up to 1 billion. As follows:
In case of encroachment or appropriation of unused land in rural areas, the following forms and levels of fine: Fine of 2-3 million VND for the encroached land area, occupying less than 0.05 hectares; a fine of 3-5 million VND for an area of ​​land from 0.05 hectares to less than 0.1 hectares; a fine of from VND 5 to 15 million for an area of ​​land of between 0.1 hectares and under 0.5 hectares; a fine of VND 15-30 million for an area of ​​0.5 to less than 1 hectare; A fine of VND 30-70 million for an area of ​​one hectare or more.
In case of encroaching or occupying agricultural land other than rice land, special-use forest land, special-use forest land, protective forest land or production forest land in rural areas, the sanctioning forms and levels are as follows: Fine an amount of VND 3-5 million for the encroached land area, accounting for less than 0.05 hectares; a fine of between VND 5-10 million and an area of ​​land of between 0.05 hectares and under 0.1 hectares; a fine of from 10 to 30 million dong for an area of ​​land from 0.1 hectare to under 0.5 hectare; a fine of VND 30-50 million for an area of ​​0.5 to less than 1 hectare; A fine of VND 50-120 million for an area of ​​one hectare or more.
In case of encroaching or occupying agricultural land, which is rice cultivation land, special-use forest land, protective forest land or production forest land in rural areas, the sanctioning form and level are as follows: A fine of between VND 3-5 million for encroached land area, occupying less than 0.02 hectares; a fine of VND 5-7 million for an area of ​​0.02 hectares to less than 0.05 hectares; a fine of VND 7-15 million for an area of ​​land of between 0.05 hectares and under 0.1 hectares; a fine of VND 15-40 million for an area of ​​0.1 to under 1 hectare; a fine of VND 40-60 million for an area of ​​0.5 to under 1 hectare; A fine of from VND 60-150 million for an area of ​​one hectare or more.
In case of encroaching or occupying non-agricultural land in rural areas, the sanctioning forms and levels are as follows: A fine of VND 10-20 million if the land area is less than 0.05 hectares; a fine of VND 20-40 million if the land area is between 0.05 hectares and under 0.1 hectares; a fine of VND 40-100 million if the land area is between 0.1 hectares and under 0.5 hectares; a fine of VND 100-200 million if the land area is from 0.5 to less than 1 hectare; a fine of VND 200-500 million if the land area is one hectare or more.
In case of encroachment or appropriation of unused land, agricultural land, non-agricultural land in urban areas, the fine level is equal to 2 times the sanctioning level for the respective land categories specified above and the maximum fine level shall not exceed 500 million VND for individuals, not more than 1 billion VND for organizations.
Decree 91/2019 / ND-CP takes effect from January 5, 2020. With many new additions and aggravating forms of administrative sanctions, the Decree is expected to be able to deter and prevent violations, and “be stronger” in dealing with violations in the field of land.