One of the most common disputes in Vietnam is those related to land issues, which are mainly caused by the encroachment of one of the parties to the dispute. So about the matter “How to deal with land encroachment under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Land Law 2013
- Decree 91/2019/ND-CP
Will land encroachment lead to land disputes?
According to the provisions of Clause 24, Article 3 of the Land Law 2013, the concept of land dispute is specifically explained as follows:
Land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.
According to the provisions of Clauses 1,2, Article 3 of Decree 91/2019/ND-CP (amended and supplemented in Decree 04/2022/ND-CP), the concept of land encroachment and appropriation is defined as follows:
Land encroachment is the move by a land user of the boundary marker or the boundary of the land parcel to expand the used land area without the permission of the State management agency in charge of land or without the lawful user of the area. that encroached land allows.”
Land occupation: Land occupation is the use of land in one of the following cases:
+ Arbitrarily using land without the permission of the state management agency in charge of land;
+ Arbitrarily using land under the lawful use right of another organization or individual without the permission of such organization or individual;
+ Using land allocated or leased by the State, which has expired, but has not been extended by the State and has a decision on land recovery published and implemented by the land user. non-compliance (except for households and individuals directly engaged in agricultural production using agricultural land);
+ Using land on the field without completing the procedures for land allocation or land lease as prescribed by law.
Thus, through this regulation, we can see that the act of encroaching on land can create conflicts of interests in land use for the parties, thereby indirectly creating land disputes.
How to deal with land encroachment under Vietnam law?
The first way: The parties sit down to resolve disputes related to land encroachment.
This is a common way Vietnamese people often use when someone encroaches on their land. Vietnam is a peaceful people, so when encountering any conflict in life, Vietnamese people tend to settle in peace, and avoid litigation. Thanks to that, most of the conflicts over land encroachment in Vietnam were thoroughly resolved.
The second way: Thanks to the intervention of the competent authority.
This is the last way when the parties sit down to resolve conflicts and land acquisition is not effective, then it is necessary to choose a third party that is both competent and reputable. According to the provisions of land law; when detecting someone encroaching on their land, the land use right holder has the right to denounce acts of land violation or to complain or sue for land violations.
According to the provisions of Article 205 of the Land Law 2013, the settlement of denunciations about land is as follows:
Individuals have the right to denounce violations of the law on land management and use.
– The settlement of denunciations of violations of the law on land management and use shall comply with the provisions of the law on denunciations.
According to the provisions of Article 204 of the 2013 Land Law, when detecting acts of encroachment on land, people also have the right to complain and sue about land as follows:
Land users and people with rights and obligations related to land use have the right to complain or initiate lawsuits against administrative decisions or administrative acts on land management.
– Order and procedures for settlement of complaints about administrative decisions and administrative acts on land shall comply with the law on complaints. The order and procedures for settling complaints about administrative decisions and administrative acts on land shall comply with the law on administrative procedures.
And according to the provisions of Article 206 of the 2013 Land Law, which regulates the settlement of denunciations, complaints and lawsuits that are found to have committed land violations, the following actions will be taken:
Persons who commit acts of violating the land law shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability in accordance with law.
Persons who commit acts of violating the law on land and cause damage to the State or other people, in addition to being handled according to the provisions of law, must also pay compensation according to the actual damage to the State or to the State.
How much is the fine for encroaching on other people’s land?
According to the provisions of Article 14 of Decree 91/2019/ND-CP stipulating the penalties for encroachment and encroachment on land as follows:
– In case of encroachment or occupation of unused land in rural areas, the form and level of sanction are as follows:
+ A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for the encroached land area occupying less than 0.05 hectares;
+ A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the encroached land area, occupying from 0.05 hectares to less than 0.1 hectares;
+ A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed for the encroached land area, occupying from 0.1 ha to less than 0.5 ha;
+ A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for the encroached land area, occupying from 0.5 ha to less than 1 hectare;
+ A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed for encroached land, occupying from 01 hectare or more.
– In case of encroachment or occupation of agricultural land other than rice cultivation land, special-use forest land, protection forest land or production forest land in rural areas, the form and level of sanction shall be as follows:
A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the encroached land area, occupying less than 0.05 hectares;
A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the encroached land area, occupying from 0.05 hectares to less than 0.1 hectares;
A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for encroached land, occupying from 0.1 ha to less than 0.5 ha;
A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the encroached land area, occupying from 0.5 ha to less than 1 hectare;
+ A fine ranging from VND 50,000,000 to VND 120,000,000 shall be imposed for encroached land, occupying from 01 hectare or more.
– In case of encroachment or occupation of agricultural land which is rice cultivation land, special-use forest land, protection forest land or production forest land in rural areas, the form and level of sanction shall be as follows:
+ A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for encroached land, occupying less than 0.02 hectares;
+ A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the encroached land area, occupying from 0.02 hectares to less than 0.05 hectares;
+ A fine ranging from VND 7,000,000 to VND 15,000,000 shall be imposed for the encroached land area, occupying from 0.05 hectares to less than 0.1 hectares;
+ A fine ranging from VND 15,000,000 to VND 40,000,000 shall be imposed for the encroached land area, occupying from 0.1 ha to less than 0.5 ha;
+ A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the encroached land area, occupying from 0.5 ha to less than 1 hectare;
+ A fine ranging from VND 60,000,000 to VND 150,000,000 shall be imposed for the encroached land, occupying 1 hectare or more.
– In case of encroachment or occupation of non-agricultural land, except for the case specified in Clause 6, Article 14 of Decree 91/2019/ND-CP in rural areas, the form and level of sanction are as follows:
+ A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the encroached land area occupies less than 0.05 hectares;
+ A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the encroached land area occupies from 0.05 hectares to less than 0.1 hectares;
+ A fine ranging from VND 40,000,000 to VND 100,000,000 shall be imposed if the encroached land area occupies from 0.1 ha to less than 0.5 ha;
+ A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if the encroached land area occupies from 0.5 ha to less than 1 hectare;
+ A fine ranging from VND 200,000,000 to VND 500,000,000 shall be imposed if the encroached land area occupies 1 hectare or more.
– In case of encroachment or occupation of unused land, agricultural land or non-agricultural land (except for the case specified in Clause 6, Article 14 of Decree 91/2019/ND-CP) in urban areas, the fine level shall be equal to 02 times the sanction level for the corresponding type of land specified in Clauses 1, 2, 3 and 4, Article 14 of Decree 91/2019/ND-CP and the maximum fine of not more than 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations.
– In case of encroachment or occupation of land within the safety corridor of works and land of works with protection corridors, land of working offices and non-business establishments of agencies and organizations as prescribed by law. on the management and use of state assets, the form and level of sanction shall comply with the provisions of law on sanctioning of administrative violations in the field of construction investment activities; mining, processing and trading in minerals used as building materials, production and trading in building materials; management of technical infrastructure works; real estate business, housing development, home and office use management; in the field of road and railway traffic; in the field of culture, sports, tourism and advertising; in the field of exploitation and protection of irrigation works; dike; flood prevention; in the field of management and use of state property and other specialized fields.
– Remedial measures:
Forcible restoration of the original state of land before the violation, for violations specified in Clauses 1, 2, 3, 4 and 5 of Article 14 of Decree 91/2019/ND-CP and forced payment reclaim land that has been encroached upon or occupied; except for the cases specified at Points b and c of this Clause;
Compulsory land registration according to regulations for cases where all conditions are met for recognition of land use rights and in cases where the currently infringing land user may temporarily use the land until the State recovers the land according to regulations prescribed in Article 22 of Decree No. 43/2014/
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Frequently asked questions
Article 228 of the 2015 Penal Code provides for penalties for violations of regulations on land handling as follows:
“Article 228. Crime of violating regulations on land use
Those who encroach on land, transfer land use rights or use land contrary to the provisions of law on land management and use, have been administratively sanctioned for this act or have been convicted of such act. If the sentence for this crime has not yet been expunged but still commits it, the offenders shall be subject to a fine of between VND 50,000,000 and 500,000,000, a non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 500,000,000 and 2,000,000,000 or a prison term of between 02 and 07 years:
a) Organized;
b) Committing the crime twice or more;
c) Dangerous recidivism.
The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000.”
Thus, encroachment on land can be criminally handled.
The current law always encourages the parties to be able to resolve their own disputes by agreement. When the two parties can agree to each other, the dispute will be easier to resolve. At the same time, will keep the peace of neighbors with each other. Therefore, if it is possible to reach an agreement to resolve the dispute with each other, the parties should try to reach an agreement.
In your case, you need to check that if the encroaching party pays for the encroached land area, the remaining land area still ensures the conditions for the separation of the parcel. The parties may sign a contract to transfer the land use right to the encroached land area. Therefore, if the amount given by your neighbor is suitable, your land is eligible for separation, your family should receive compensation.
Authority to settle land encroachment?
According to the provisions of Article 203 of the 2013 Land Law, the competence to settle land disputes is determined as follows:
If this path is recognized in the land use right certificate, a lawsuit can be filed with a competent court to settle, pay the court fees and handle according to regulations.
If this path is not recognized in the land use right certificate, it can be resolved by one of the following two agencies: the competent People’s Committee or the court.
Conclusion: So the above is How to deal with land encroachment under Vietnam law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
