Selling land without a red book is subject to a heavy fine of up to 100 million VND

According to Article 45 of the 2024 Land Law, land that is allowed to be transferred and sold must meet 5 conditions: have a red book, no disputes, not be seized or subject to other measures to ensure enforcement of judgments, still within the land use term, and not subject to temporary emergency measures.

The act of transferring land without meeting the above 5 conditions is also regulated with specific penalties in this decree.

Accordingly, Article 17 stipulates a fine of 30-50 million VND for individuals and 60-100 million VND for organizations.

The Decree also clearly stipulates that the remedy is to force the buyer to return the land.

At the same time, force the termination of the mortgage contract using land use rights and return the illegal profits obtained from committing the violation.

In addition, land registration is required in cases where the land is eligible for a red book.

In case the seller is a dissolved or bankrupt organization or an individual who has died without heirs/moved elsewhere and is not subject to land reclamation by the State, the buyer must take all remedial measures for the consequences caused by the seller and is required to register the land for that land.

According to Article 133 of the 2024 Land Law, within no more than 30 days from the date of notarization of the contract for sale and transfer of real estate, the land user must transfer the red book.

Article 16, Decree 123 stipulates the fine for late transfer of land use right certificates. Specifically, individuals will be fined from 1-2 million VND for not registering land for the first time.

Fine from 2-3 million VND for failure to register land changes.

In case the violation is committed by an organization, the fine will be twice the fine for an individual.

In addition to being fined, land users are required to register land according to regulations.

The Decree also stipulates that acts of arbitrarily correcting, erasing, or distorting the content of documents and certificates in land use will be fined from 2-5 million VND and the corrected or erased documents will be confiscated.

Fines of 10-20 million VND for using fake documents in administrative procedures and other land-related work that are not serious enough to warrant criminal prosecution. Competent authorities will confiscate the fake documents used and cancel all results of land-related administrative procedures when using fake documents.