| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 4-CP | Hanoi, January 10,1997 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Land Law of July 14, 1993;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
For the unified application of sanctions against administrative violations in the domain of land management and use;
At the proposal of the General Director of the General Land Administration,
DECREES:
ACTS OF ADMINISTRATIVE VIOLATION IN LAND MANAGEMENT AND USE, FORMS AND LEVELS OF SANCTION
Article 1.- Using land for wrong purposes:
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2. A fine of 1,000,000 VND to 5,000,000 VND shall be imposed on acts of using without permission first or second category agricultural land currently under rice to build up gardens, to plant perennial trees, to dig ponds or build dwelling houses.
3. A fine of 2,000,000 VND to 10,000,000 VND shall be imposed on acts of using without permission forestry land with forests thereon for other purposes.
4. A fine of 5,000,000 VND to 20,000,000 VND shall be imposed on an organization�s acts of changing without permission land of special use into residential land or using that land for business and service activities.
5. In addition to the levels of sanction prescribed in Items 1, 2, 3 and 4 of this Article, the following measures shall also be applied:
a/ Forcible restoration of the original state of land which has been changed by the administrative violation.
b/ Forcible compensation up to 1,000,000 VND for damage caused by the administrative violation.
Article 2.- Infringing upon or appropriating land:
1. A fine of 1,000,000 VND to 5,000,000 VND shall be imposed on acts of removing landmarks without permission or using a land area exceeding the permitted level as provided for in Items 2 and 3 of this Article.
2. A fine of 5,000,000 VND to 10,000,000 VND shall be imposed on acts of infringing upon or appropriating land.
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4. The acts of infringing upon or appropriating defense and security land shall be sanctioned in accordance with the forms and levels of sanction prescribed in Article 21 of Decree No.24-CP of April 18, 1996 of the Government on sanctions against administrative violations in the field of national defense.
5. In addition to the sanctions prescribed in Items 1, 2, 3 and 4 of this Article, the following measures shall also be applied:
a/ Recovery of the infringed or appropriated land area.
b/ Forcible compensation up to 1,000,000 VND for damage caused by the administrative violation.
Article 3.- Reducing the production capacity of agricultural and forestry land:
1. A warning or fine of 200,000 VND to 500,000 VND shall be served on acts of using agricultural and forestry land, intentionally not taking anti-erosion measures, thus degenerating the land.
2. A fine of 500,000 VND to 2,000,000 VND shall be imposed on acts of removing the arable layer of land, thus reducing the arability and fertility of the land.
3. A fine of 1,000,000 VND to 5,000,000 VND shall be imposed on acts of discharging waste materials, thus polluting and reducing the arability of the land.
4. Additional sanctions: Confiscation of tools used for administrative violations.
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Article 4.- Obstructing the use of land by other persons:
1. A fine of 100,000 VND to 500,000 VND shall be imposed on acts of leaving construction materials or other objects, thus obstructing the use of land by other persons.
2. A fine of 500,000 VND to 3,000,000 VND shall be imposed on acts of discharging objects or waste, thus obstructing the use or reducing the possibility of use of land by other persons.
3. A fine of 1,000,000 VND to 5,000,000 VND shall be imposed on acts of digging, thus obstructing or causing damage to the use of land by other persons.
4. In addition to the sanctions provided for in Items 1, 2 and 3 of this Article, the following measures shall also be applied:
a/ Forcible restoration of the original state of land which has been changed due to the administrative violation.
b/ Forcible compensation up to 1,000,000 VND for damage caused by the administrative violation.
Article 5.- Exchanging or assigning the land use right without permission:
1. A warning or a fine of 200,000 VND to 1,000,000 VND shall be imposed on acts of exchanging or assigning the lawful land use right without permission from the competent State agency.
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Article 6.- Exchanging or assigning illegally used land without permission:
1. A fine of 5,000,000 VND to 10,000,000 VND shall be imposed on acts of exchanging or assigning without permission the land use right under dispute or without valid papers.
2. A fine of 10,000,000 VND to 20,000,000 VND shall be imposed on acts of exchanging or assigning the infringed or appropriated land.
3. In addition to the sanctions prescribed in Items 1 and 2 of this Article, the violator shall be forced to cancel his/her contract on the illegal exchange or assignment.
1. A warning or a fine of 50,000 VND to 100,000 VND shall be imposed on the household and/or individual that have the right to lease land but lease it beyond the prescribed term.
2. A fine of 200,000 VND to 500,000 VND shall be imposed on the household and/or individual who lease land but do not belong to the following categories: lonely or poor persons, families with economic difficulties due to the change to another occupation which has not brought stable livelihood or due to the lack of labor force.
3. In addition to the sanctions prescribed in Items 1 and 2 of this Article, the following measures shall also be applied:
a/ Retrieval of the money earned from the illegal land lease.
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1. A warning or a fine of 50,000 VND to 200,000 VND shall be imposed on acts of deliberate failure to make initial declaration and registration of the land use right.
2. A warning or a fine of 100,000 VND to 500,000 VND shall be imposed on acts of deliberately not declaring and/or registering changes of the land use right.
3. A fine of 200,000 VND to 1,000,000 VND shall be imposed on acts of deliberately not declaring and/or registering the actual land category and type.
4. In addition to the sanctions prescribed in Items 1, 2 and 3 of this Article, the following measures shall also be applied:
a/ The violator shall be forced to declare and register the land use right or to make a new declaration and registration of the correct category and type of land.
b/ Forcible compensation up to 1,000,000 VND for damage caused by acts of deliberately not declaring and registering or falsely declaring and registering the land category and type.
1. A fine of 500,000 VND to 2,000,000 VND shall be imposed on acts of delaying, prolonging the compensation period.
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a/ Forcible full payment of compensation according to the value of the land at the time when the compensation is decided.
b/ Forcible compensation up to 1,000,000 VND for damage caused by the administrative violation.
Article 10.- Violations of regulations on the payment of the land administration fee:
1. A warning or a fine of 50,000 VND to 100,000 VND shall be served on a household or individual committing acts of delaying or prolonging the payment of the land administration fee according to the prescribed time limit.
2. A fine of 100,000 VND to 500,000 VND shall be imposed on an organization which commits acts of delaying and prolonging the payment of the land administration fee according to the prescribed time limit.
3. In addition to the sanctions provided for in Items 1 and 2 of this Article, the violator shall be forced to pay fully the prescribed land administration fee.
1. A fine of 500,000 VND to 3,000,000 VND shall be imposed on acts of evading or delaying the return of the land on schedule after the land recovery decision has been issued by the competent State agency.
2. In addition to the sanctions provided for in Item 1 of this Article, the following measures shall also be applied:
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b/ Compensation up to 1,000,000 VND for damage caused by the administrative violation.
1. A warning or a fine of 50,000 VND to 500,000 VND shall be served on acts of failing to show up for land assignment at the request of the competent State agency.
2. A warning or a fine of 200,000 VND to 500,000 VND shall be served on acts of failing to produce or evading or delaying the showing of papers on land related to the determination of land prices, inspection, handling of complaints and denunciations, settlement of land disputes and other acts aimed at obstructing the land measurement, determination of administrative boundaries and landmarks for land survey conducted by officers from the competent State agency.
1. A fine of 100,000 VND to 500,000 VND shall be imposed on acts of removing or changing administrative boundaries and landmarks for land survey without permission.
2. A fine of 1,000,000 VND to 5,000,000 VND shall be imposed on acts of intentionally damaging administrative boundaries and landmarks for land survey.
3. Additional sanctions: Confiscation of tools and material evidences used for the administrative violation.
4. Forcible compensation up to 1,000,000 VND for damage caused by the administrative violation as provided for in Items 1 and 2 of this Article.
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1. A fine of 500,000 VND to 1,000,000 VND shall be imposed on acts of erasing, correcting papers, documents and certificates concerning land which are not defined in Item 2 of this Article.
2. A fine of 500,000 VND to 2,000,000 VND shall be imposed on acts of erasing, correcting documents and certificates, thus causing the land assignment, re-assignment, transfer, lease, mortgage and inheritance to differ from the stipulations of the State but not seriously enough to be examined for penal liability.
3. In addition to the sanction levels prescribed in Items 1 and 2 of this Article, the following measures shall also be applied:
a/ Forcible remaking papers, documents and certificates in accordance with their earlier contents.
b/ Recovery of the land area which has been assigned at variance with the stipulations of the State.
COMPETENCE, PROCEDURES, PRINCIPLES AND MEASURES FOR SANCTIONING
1. Competence of the People’s Committee of commune, ward and township to handle administrative violations:
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a/ To issue a warning.
b/ To impose fines up to 200,000 VND.
c/ To order the confiscation of material evidences and tools used for the administrative violation valued up to 500,000 VND.
d/ To force the compensation up to 500,000 VND for damage caused by the administrative violation.
e/ To force the restoration of the original state of the land which has been changed by the administrative violation.
f/ To stop the activities obstructing the use of land.
2. Competence of the People�s Committee of district, town and provincial city to handle administrative violations:
The President of the People�s Committee at district level shall have the right:
a/ To issue a warning.
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c/ To order the confiscation of material evidences and tools used for the administrative violation.
d/ To force the restoration of the original state of the land which has been changed by the administrative violation, or force the dismantlement of the illegal constructions.
e/ To force the compensation up to 1,000,000 VND for damage caused by the administrative violation.
f/ To stop the activities obstructing the use of land.
g/ To order the recovery of the land in accordance with their competence prescribed in the Land Law.
3. Competence of the People’s Committee of the province and city directly under the Central Government to handle administrative violations.
The President of the People’s Committee at provincial level shall have the right:
a/ To issue a warning.
b/ To impose fines up to 20,000,000 VND.
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1. The specialized Land Administration inspector on duty shall have the right:
a/ To issue a warning.
b/ To impose fines up to 200,000 VND.
c/ To order the confiscation of material evidences and tools used for the administrative violation valued up to 500,000 VND.
d/ To apply measures provided for in Points a, b, Item 3, Article 11 of the Ordinance on the Handling of Administrative Violations.
2. The Chief Inspector of the provincial/municipal Land Administration Service shall have the right:
a/ To issue a warning.
b/ To impose fines up to 10,000,000 VND.
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3. The Chief Inspector of the General Land Administration shall have the right:
a/ To issue a warning.
b/ To impose fines up to 20,000,000 VND.
c/ To apply additional sanctions and other measures provided for in Items 2 and 3, Article 11 of the Ordinance on the Handling of Administrative Violations.
Article 19.- Authorization to handle administrative violations:
In cases where the people competent to sanction administrative violations stipulated in Items 1, 2 and 3, Article 15 and Items 2 and 3, Article 16 of this Decree are absent or with their authorization, their deputies shall have the right to order the sanctions in accordance with their competence.
Article 20.- Application of the forms of sanction:
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2. The additional sanctions and other measures shall be applied only in conjunction with the main sanction.
1. Warnings shall be applied to minor and first-time administrative violations with extenuating factors provided for in Article 12 of the Ordinance on the Handling of Administrative Violations, and such violations are liable to warnings under provisions of law.
2. A decision on the sanction by warning must be made in writing. If necessary, the competent sanctioning agency shall send the sanctioning decision to the local authority, agency or organization where the offender resides or works.
1. When imposing a fine, the competent sanctioning person shall have to comply with the provisions of Articles 46, 47, 48 and 49 of the Ordinance on the Handling of Administrative Violations.
2. When a fine is imposed, the concrete amount of the fine for a violation shall be the average in the fine bracket set for that violation; in case of a violation with extenuating factors, the fine may be lower but must not be lower than the minimum level in the fine bracket; in case of a violation with aggravating factors, the fine may be higher than the average but must not exceed the maximum level in the fine bracket.
The extenuating and aggravating factors shall be applied in accordance with the provisions of Articles 7 and 8 of the Ordinance on the Handling of Administrative Violations.
Article 23.- Recovery of land:
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Article 24.- Execution of decisions on administrative sanction:
1. The sanctioned organization and/or individual shall have to immediately execute the sanctioning decision within 5 days after receiving them; the sanctioned organizations shall have to determine the fault of the person or persons who directly committed the administrative violation while on duty so as to examine their disciplinary material or civil liability in accordance with the provisions of law.
2. Within 5 days after receiving the sanctioning decision, if the sanctioned organization and/or individual fails to execute it, the decision issuing agency shall apply coercive measures in accordance with the provisions of Article 55 of the Ordinance on the Handling of Administrative Violations.
Agencies, organizations or lawful representatives of the sanctioned person(s) shall have to carry out request of the agency or person that has issued the sanctioning decision and comply with the provisions of Article 24 of this Decree.
The local People�s Committee shall organize the use of coercive measures, the People�s Police force, when requested, shall have to coordinate with and support the agency issuing the sanctioning decision in forcing the execution of the decision.
Article 25.- Forcible execution of decisions on administrative sanction:
1. If the organization and/or individual that are administratively sanctioned in the domain of land management and use do not voluntarily execute the decision, they shall be forced to do by the following measures:
a/ Having part of their wage, incomes or bank deposits deducted.
b/ Having their properties with equivalent value inventoried for auction.
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2. The person competent to order the sanction shall have the right to issue the decision on coercive measures. The People’s Police, when requested, shall have the responsibility to coordinate in the execution of coercive decisions.
3. In the coercive execution of a decision on the recovery of land issued by the competent level, the local People�s Committee shall have to organize the coercion and the People�s Police shall have the responsibility to coordinate and support the enforcement of such coercion.
4. The organization and/or individual that is forced to carry out the decision shall have to bear all costs for the application of the coercive measures.
2. Any person who abuses his/her position and power or overuses his/her competence to assign, lease or recover land, allow the transfer of the land use right and alter the land use purposes in contravention of the provisions of law, cover up other people’s violations of the land legislation, issue unlawful handling decisions or commit other acts doing harm to the land resources and legitimate rights of the land users, shall, depending on the extent of his/her violation, be disciplined or examined for penal liability.
3. Any person who commits acts of administrative violation in the domain of land management and use, shall not only be subject to administrative sanction, but shall also have to pay compensation for damage caused to the victim, if any. The compensations shall comply with the provisions of Article 17 of the Ordinance on the Handling of Administrative Violations.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
- 1Circular No. 278-TT/DC of March 07, 1997, guiding the implementation of Decree No. 04-CP of January 10, 1997 of the Government on sanctions against administrative violations in the field of land management and use
- 2Decree No. 24-CP of April 18, 1996, of the Government on the sanctions against administrative violations in defense work
- 3Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations
- 4Law No. 24-L/CTN of July 14, 1993, on Land.
Decree No. 04-CP of January 10,1997 of the Government on sanctions against administrative violations in the domain of land management and use
- Số hiệu: 04-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 10/01/1997
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 10/01/1997
- Ngày hết hiệu lực: 16/11/2004
- Tình trạng hiệu lực: Hết hiệu lực