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Question: According to the new regulations, will illegal conversion of rice fields to residential land be punished? If so, what is the specific penalty?
HAI AN (Tu Ky)
Reply:
Pursuant to Clause 2, Article 5 and Article 8 of Decree 123/2024/ND-CP (effective from October 4, 2024), the act of converting rice-growing land to residential land without permission from a competent State agency (illegally implemented) within the administrative boundaries of a commune shall be subject to the following penalties:
- Fine from 20 to 30 million VND for land area of less than 0.01 ha.
- Fine from 30 - 50 million VND for land area from 0.01 ha to less than 0.03 ha.
- Fine from 50 to 100 million VND for land area from 0.03 ha to less than 0.05 ha.
- Fine from 100 - 150 million VND for land area from 0.05 ha to less than 0.1 ha.
- Fine from 150 - 200 million VND for land area from 0.1 ha or more.
For the act of illegally converting rice-growing land to residential land within the administrative boundaries of a ward or town, the form and level of penalty is twice the above penalty.
The above fines are applied to individuals who violate the law. In case of violations by organizations, the fine for organizations is twice the fine for individuals.
In addition to the above fines, violating individuals and organizations must also take remedial measures: Forced restoration of the original state of the land before the violation, except for the cases specified in Clause 3, Article 139 of the 2024 Land Law; forced return of illegal profits gained from committing the violation.
Article 35 of Decree 123/2024/ND-CP clearly stipulates the transitional provisions as follows:
- For administrative violations in the land sector occurring before October 4, 2024, the following regulations on administrative sanctions shall apply:
+ In case a record has been made and a penalty decision has been issued but the penalty decision has not been fully implemented, the implementation shall continue according to the issued decision.
+ In case an administrative violation record has been made but a decision on administrative penalty has not been issued, it shall be handled as follows:
In case the statute of limitations or the time limit for issuing a decision on administrative sanctions has expired, a decision on sanctions shall not be issued, but a decision on confiscation of documents that have been erased, modified, or have falsified content; fake documents used and remedial measures (if any) must be issued.
The application of additional penalties and remedial measures shall be implemented in accordance with the Decree on administrative penalties for violations in the land sector at the time of making the record of administrative violations.
In case Decree 123/2024/ND-CP does not stipulate legal liability or stipulates a lighter legal liability, Decree 123/2024/ND-CP shall apply.
In case the penalty decision is still within the time limit, the penalty level and remedial measures shall be applied according to the Decree on administrative penalties for violations in the land sector at the time of making the record of administrative violations.
In case Decree 123/2024/ND-CP does not stipulate legal liability or stipulates a lighter legal liability, Decree 123/2024/ND-CP shall apply.
- The determination of the amount of illegal profits obtained from committing a violation that occurred before October 4, 2024, the time to determine the amount of illegal profits to be paid shall be calculated from the date the Decree stipulating the violation requiring the payment of illegal profits takes effect or from the date of the violation if the violation occurs after the date the first Decree on administrative sanctions for land violations stipulating the payment of illegal profits takes effect. The calculation of the amount of illegal profits obtained from committing a violation shall be carried out in accordance with Decree 123/2024/ND-CP.
- For decisions on administrative sanctions in the land sector that have been issued or have been fully enforced before October 4, 2024, but individuals and organizations that have been administratively sanctioned still have complaints, the regulations on administrative sanctions in the land sector at the time of issuance of the sanction decision shall be applied for settlement.
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