Penalty for arbitrarily changing land use purpose

VTC NewsVTC News03/01/2024


1. Illegal change of land use purpose for rice cultivation

According to Article 9 of Decree 91/2019/ND-CP, illegal conversion of land use purpose for rice cultivation will be punished as follows:

Convert from rice land to perennial crop land and forest land.

This behavior will be subject to penalties corresponding to the area, specifically:

Under 0.5ha, fine from 2 to under 5 million VND; From 0.5 to under 1ha, fine from 5 to under 10 million VND; From 1ha to under 3ha, fine from 10 million to under 20 million VND; From over 3ha, fine from over 20 million to under 50 million VND.

Convert from rice land to aquaculture land and salt making land.

Under 0.1ha, fined from 3 million to under 5 million VND; From 0.1ha to under 0.5ha, fined from 5 million to under 10 million VND; From 0.5ha to under 1ha, fined from 10 million to under 20 million VND; From 1ha to under 3ha, fined from 20 million to under 30 million VND; Over 3ha, fined from 30 million to 70 million VND.

Arbitrarily changing the purpose of land use without permission from a competent State agency will be fined. (Photo: Xuan Tien)

Arbitrarily changing the purpose of land use without permission from a competent State agency will be fined. (Photo: Xuan Tien)

Conversion from rice land to non-agricultural land in rural areas.

Under 0.01ha, fine from 3 million to under 5 million VND; From 0.01ha to under 0.02ha, fine from 5 million to under 10 million VND; From 0.02ha to under 0.05ha, fine from 10 million to under 15 million VND; From 0.05ha to under 0.1ha, fine from 15 to under 30 million VND; From 0.1ha to under 0.5ha, fine from 50 million to under 80 million VND; From 0.5ha to under 1ha, fine from 50 million to under 80 million VND; From 1ha to under 3ha, fine from 80 million to under 120 million VND; From 3ha or more, fine from 120 million to under 250 million VND.

Note: The form and level of penalty for converting rice-growing land to non-agricultural land in urban areas is twice (2) times the penalty for converting rice-growing land to non-agricultural land in rural areas.

2. Arbitrarily changing the purpose of forest land use

Pursuant to Article 10 of Decree 91/2019/ND-CP, arbitrarily changing the purpose of use of special-use forest land, protective forest land, and production forest land without permission from competent State agencies will be subject to the following fines:

Convert to annual crop land, perennial crop land, aquaculture land, salt-making land, other agricultural land.

Under 0.5ha, fine from 3 million to under 5 million VND; From 0.5h to under 1ha, fine from 5 million to under 10 million VND; From 1ha to under 5ha, fine from 10 million to under 20 million VND; From 5ha or more, fine from 20 million to under 50 million VND.

Convert to non-agricultural land.

Under 0.02ha, fine from 3 million to under 5 million VND; From 0.02ha to under 0.05ha, fine from 5 million to under 10 million VND; From 0.05h to under 0.1h, fine from 10 million to under 15 million VND; From 0.1ha to under 0.5ha, fine from 15 million to under 30 million VND; From 0.5ha to under 1ha, fine from 30 million to under 50 million VND; From 1ha to under 5ha, fine from 50 million to under 100 million VND; From 5ha or more, fine from 100 million to under 250 million VND.

Note: In case of converting special-use forest land from natural forest, protective forest land from natural forest, or production forest land from natural forest to other purposes, the form and level of penalty shall be implemented at two (2) times the penalty corresponding to each case of conversion of purpose as prescribed above.

3. Arbitrarily changing the purpose of agricultural land use

Article 11 of Decree 91/2019/ND-CP stipulates that using agricultural land that is not rice-growing land, not protective forest land, not special-use forest land, not production forest land for other purposes without permission from competent state agencies shall be punished as follows:

Converting the purpose of using annual crop land to saltwater aquaculture land, salt-making land, and aquaculture land.

Under 0.5ha, fine from 2 to under 5 million VND; From 0.5ha to under 1ha, fine from 5 to under 10 million VND; From 1ha to under 3ha, fine from 10 to under 20 million VND; From 3ha or more, fine from 20 to under 50 million VND.

Change the purpose of using agricultural land other than rice-growing land, protective forest land, special-use forest land to non-agricultural land.

Under 0.02ha, fine from 3 million to under 5 million VND; From 0.02ha to under 0.05ha, fine from 5 million to under 8 million VND; From 0.05ha to under 0.1ha, fine from 8 million to under 15 million VND; From 0.1ha to under 0.5ha, fine from 15 million to under 30 million VND; From 0.5ha to under 1ha, fine from 30 million to under 50 million VND; From 1ha to under 3ha, fine from 50 million to under 100 million VND; From 3ha or more, fine from 100 million to under 200 million VND.

Note: Converting land for growing other annual crops, land for growing perennial crops, land for aquaculture, land for salt production, other agricultural land to non-agricultural land in urban areas shall be subject to two (2) times the penalty for converting the purpose of using agricultural land other than rice-growing land, protective forest land, special-use forest land to non-agricultural land.

In addition to fines, individuals and organizations that arbitrarily change land use purposes will also be forced to remedy the consequences. (Photo: Xuan Tien)

In addition to fines, individuals and organizations that arbitrarily change land use purposes will also be forced to remedy the consequences. (Photo: Xuan Tien)

4. Arbitrarily converting non-agricultural land to other purposes

According to Article 12 of Decree 91/2019/ND-CP, using land in the non-agricultural land group for purposes other than those permitted by competent state agencies will be subject to the following penalties:

Converting non-agricultural land that is not residential land, allocated by the State with land use fees or land lease with one-time payment, into residential land in rural areas.

Under 0.05ha, fine from 3 million to under 5 million VND; From 0.05ha to under 0.1ha, fine from 5 million to under 10 million; From 0.1ha to under 0.5ha, fine from 10 million to under 20 million VND; From 0.5ha to under 1ha, fine from 20 million to under 40 million VND; From 1ha to under 3ha, fine from 40 million to under 80 million VND; From 3ha or more, fine from 80 million to under 160 million VND.

Converting non-agricultural land that is not residential land allocated by the State without land use fees or land lease with annual payment to residential land; converting non-agricultural land that is not residential land allocated by the State without land use fees to non-agricultural land allocated by the State with land use fees or land lease in rural areas.

Under 0.1ha, fined from 10 to under 20 million VND; From 0.1ha to under 0.5ha, fined from 20 million to under 40 million VND; From 0.5ha to under 1ha, fined from 40 million to under 80 million VND; From 1ha to under 3ha, fined from 80 million to under 160 million VND; From 3ha or more, fined from 160 million to under 300 million VND.

Converting land for construction of public works, land used for public purposes with business purposes, land for non-agricultural production and business that is not commercial or service land to commercial or service land; converting commercial or service land, land for construction of public works to land for non-agricultural production establishments in rural areas.

Under 0.1ha, fine from 7 million to under 15 million VND; From 0.1ha to under 0.5ha, fine from 15 million to under 30 million VND; From 0.5ha to under 1ha, fine from 30 million to under 60 million VND; From 1ha to under 3ha, fine from 60 million to under 120 million VND; From 3ha or more, fine from 120 million to under 250 million VND.

Note: In case of using land in the non-agricultural land group for other purposes not permitted by competent state agencies in urban areas, the fine is equal to 02 times the fine for each corresponding land type according to the above regulations and the maximum fine is not more than 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations.

In addition to being fined, people who arbitrarily change the purpose of land use are also subject to remedial measures such as: Forced restoration of the original state of the land before the violation; Forced land registration according to regulations for cases that meet the conditions for recognition of land use rights and forced return of illegal profits obtained from the act of arbitrarily changing the purpose.

CHAU THU



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