According to Clause 1, Article 45 of the 2024 Land Law, land must meet the following conditions to be allowed to be bought and sold: Having a red book; land is not in dispute; land is not seized or subject to other measures to ensure enforcement of judgment; still within the land use term; land is not subject to temporary emergency measures.
Decree 123/2024 takes effect from October 4, 2024, regulating penalties for administrative violations in the land sector.
Clause 3, Article 17 of this Decree stipulates that the act of transferring, leasing, subleasing, inheriting, donating land use rights; mortgaging, contributing capital with land use rights that do not satisfy one of the conditions prescribed in Clause 1, Article 45 of the 2024 Land Law shall be subject to a fine of 30-50 million VND.
At the same time, according to Clause 2, Article 5 of Decree 123, the above fine level applies to individuals. The fine level for organizations is twice the fine level for individuals committing the same violation.
Selling land without a red book can result in a fine of up to 100 million VND for organizations (Illustration: Duong Tam).
Thus, the act of intentionally selling land without a red book or when it is in dispute will be fined from 30 to 50 million VND for individuals, from 60 to 100 million VND for organizations.
In addition, the buyer is required to return the land. At the same time, the sale contract is invalidated and the illegal profits obtained from the violation must be returned. In addition, land registration is required in cases where the land is eligible for a red book.
Regarding the fine for not registering land when making the first red book, Article 16 of Decree 123/2024 stipulates a fine of 1-2 million VND for not registering land for the first time according to Article 132 of the Land Law (land still in use but not registered; land allocated and leased by the State for use; land allocated by the State for management but not registered).
Regarding the penalty for arbitrarily correcting information on the red book, according to Decree 123/2024, the act of arbitrarily correcting or erasing the Certificate will be fined 2-5 million VND and the corrected or erased red book will be confiscated.
Depending on the nature and severity of the violation, violators may be subject to administrative fines or criminal prosecution for the act of using fake red books to buy and sell real estate.
Regarding administrative handling, according to Clause 3, Article 27 of Decree 123/2024, a fine of 10-20 million VND will be imposed on cases of using fake documents when carrying out administrative procedures and other work related to land that does not reach the level of criminal handling.
In addition, the competent authority will confiscate the fake documents used and cancel all results of the registration procedure for changes using fake documents during the transfer.
Source: https://dantri.com.vn/bat-dong-san/ban-dat-khong-so-do-se-bi-phat-toi-100-trieu-dong-20241015014533829.htm
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