On November 19, 2019, the Prime Minister signed Decree No. 91/2019/ND-CP on sanctioning administrative violations in the field of land (Decree 91) replacing Decree No. 102/2014/ND-CP dated November 10, 2014. Decree 91 takes effect from January 5, 2020. Decree 91 adds a number of notable new points, the first time Vietnam clearly defined acts of land destruction. In order to timely inform readers, Binh Duong Newspaper interviewed Ms. Nguyen Ngoc Thuy, Deputy Director of Department of Natural Resources and Environment around this issue.
The acts of destroying land are fined up to VND 150 million for individuals and VND 300 million for organizations. At the same time must take remedial measures (illustrative photo)
- Decree 91 is adding some remarkable new points, please let me know more about these new points?
- The Decree is supplemented with some new remarkable points. Specifically: Firstly, the act of arbitrarily transferring rice cultivation land to residential land for an area of 3 ha or more, the fine may be up to 1 billion dong. In addition to being fined, violators are forced to restore the original state of the land before the violations, forced land registration according to regulations and pay illegal benefits gained from the violations. . Secondly, according to Clause 1, Article 32, the act of not using land for annual crops for 12 consecutive months, land for perennial trees for 18 consecutive months, and afforestation land for 24 consecutive months. If they are not in force majeure circumstances, the maximum fine may be up to VND 20 million. At the same time, violators are forced to use land for the purposes assigned, leased or recognized by the State; In case of being sanctioned but not putting the land into use, the State shall recover the land according to the provisions of Point h, Article 64 of the Land Law. Third, for acts of transferring, giving, leasing, mortgaging with land use rights when conditions are ineligible (without land use right certificates ...), up to 40 of the fine may be imposed millions of dongs.
Please tell me, Decree 91 has specific provisions on acts of destroying land, madam?
- It can be said that this is the first time Vietnam has clearly defined acts of land destruction. According to Clause 3, Article 3 of Decree 91, land destruction is an act of deforming the terrain or degrading soil quality or polluting the land, thereby losing or reducing the ability to use land for the determined purpose. It specifies the acts of destroying the soil as follows: Firstly, distorting the terrain in the following cases: Changing the slope of the land surface; lowering the land surface by taking land surface for other purposes or making the land surface lower than the adjacent land plot; leveling land with special-use water surface, canals, ditches, drainage or leveling up the surface of agricultural land compared to adjacent land plots. Except for the improvement of agricultural land into terraced fields and other forms of land improvement suitable to the land use purpose,
Second, reducing soil quality in the following cases: Losing or reducing the thickness of the cultivated soil layer; changing the topsoil of agricultural land with materials, wastes or soil mixed with gravel, stone or soil with a composition different from the type of land being used; causing erosion, washing away agricultural land. Thirdly, soil pollution is the case of introducing toxic substances or microorganisms, parasites that are harmful to plants, animals and humans. Fourth, reduce or lose the ability to use the land for the defined purpose.
- Please tell me, for acts of destroying land, the fine level like?
- For acts of destroying land, the fine level is up to VND 150 million for individuals and VND 300 million for organizations. At the same time, it is required to take remedial measures as a result of forcing the restoration of the original state of the land before the violation and possibly having the land recovered according to the provisions of Point b, Clause 1, Article 64 of the Land Law.
Please tell me, Decree 91 has added more remedies how?
- The new Decree has added many remedies, such as: Forced implementation of administrative procedures on land; forced termination of mortgage contracts with land use rights; forcible return of land assignment, lease or sublease amounts in contravention of law provisions for the remaining land use duration; forced fulfillment of financial obligations related to land; forced completion of construction investment according to regulations; forced termination of contracts of purchase, sale or lease of properties attached to land which do not meet the prescribed conditions; compelling the use of land strictly according to the purpose assigned, leased or recognized by the State; compelling the supply or re-supply of information, papers and documents at the request of agencies and persons competent to inspect, examine and settle land disputes;
- Thank you!
Interviewed by Phuong Le – Translated by Vi Bao
