My grandfather has a land under encroachment. The time to pay the encroachment fine was in 1995. In 2005, the cadastral agency in charge of surveying, since then, the land has my father’s name on the cadastral map and my father has fully paid taxes on the house since then. now. So about the matter “How to legalize land encroachment under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
- Circular 24/2014/TT-BTNMT
How to legalize land encroachment under Vietnam law?
Case 1: A person who is using land stably under Clause 1, Article 22 of Decree No. 43/2014/ND-CP and has no dispute shall be granted a red book according to the following provisions:
• In case of using land encroached on, occupying the safety corridor of public works after the State has announced or planted markers of the protection corridor, or encroached on or occupied the roadbed, roadside or sidewalk after the State has approved When the boundaries are announced for construction or encroachment or occupation of land used for the purpose of building offices of agencies, non-business works or other public works, the State shall recover the land.
• If the land use planning or construction planning has been adjusted, but now the encroached or occupied land is no longer in the safety corridor of public works; is not limited to road construction; The Red Book is not used for office buildings, non-business works and other public works.
Case 2: A person who is using land on a stable basis as prescribed at Points a and c, Clause 2, Article 22 of Decree No. 43/2014/ND-CP and has no dispute shall be granted a red book:
• In case of using encroached or occupied land, which has been allocated by the State without land use levy to state-owned farms, forestry farms, forest management boards, centers, stations, camps, agricultural and forestry companies, then handle as follows:
• In case of using encroached or occupied land under the planning for protection and development of special-use forests and protection forests, the People’s Committee of the province shall direct the recovery of the encroached or occupied land to assign to the Forest Management Board for management. using land. People who are using land encroached on or acquired by the Forest Management Board shall consider and assign contracts to protect and develop forests in accordance with the law on forest protection and development.
• People who are using land stably as prescribed at Points a and c, Clause 2, Article 22 of Decree No. 43/2014/ND-CP and have no dispute shall be granted a red book.
• If there is no Forest Management Board, the person using the encroached or occupied land shall be allocated land by the State for the purpose of protection and development of the protection forest and shall be granted a Red Book.
• In case of encroachment or occupation of land that has been allocated by the State without land use levy to state-owned farms, forestry farms, forest management boards, centers, stations, camps, agricultural and forestry companies and now If the land user is using the land for the purpose of agricultural production or housing and is not under the planning for protection and development of special-use forests, protection forests, construction of public infrastructure, the current land user, if using it stably determined and not in dispute, the Red Book shall be issued.
Note: In case of encroachment and occupation of land from July 1, 2004 to before July 1, 2014, it is being used for agricultural production purposes and currently this land area is still determined to be allocated to agriculture. If the school or forest enterprise manages and uses it, it will be withdrawn.
Case 3: The land user who is stable as prescribed at Point b, Clause 3, Article 22 of Decree 43/2014/ND-CP and has no dispute shall be granted a red book.
• In case of encroachment or occupation of unused land that is not part of the land use planning for national defense and security purposes and socio-economic development for the national and public interests, the Provincial People’s Committee shall direct the review. adjustment of land use planning; If the land users are stable and do not have disputes, they will be granted a red book.
Procedure for applying for a land use right certificate
a) The land user shall submit the dossier at the district-level land use right registration office or the dossier-receiving agency as prescribed by the provincial-level People’s Committee.
Households, individuals and communities shall submit dossiers to the commune-level People’s Committees if they wish.
In case of receiving incomplete or invalid dossiers, within a maximum of 03 days, the dossier-receiving and processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers in accordance with regulations. .
b) The application-receiving agency is responsible for fully recording information in the dossier-receiving book and returning the results and handing the dossier-receiving slip and returning the results to the applicant; Transfer the dossier to the district-level land use right registration office.
c) The land use right registration office is responsible for:
• Check the dossier, confirm in the application for the reason for the renewal of the Certificate;
• Make a dossier and submit it to the competent authority for issuance of the Certificate of land use rights and ownership of houses and other land-attached assets;
• Update and edit cadastral records and land databases;
d) The land use right registration office shall hand over the Certificate to the grantee or send it to the commune-level People’s Committee for handing in case the dossier is submitted at the commune level.
In case of issuance and replacement of the Certificate after cadastral mapping and measurement but the issued Certificate is mortgaged at a credit institution, the land use right registration office shall notify the list of cases in which the procedure is carried out. continue to issue and change the Certificate to the credit institution where the mortgage of land use rights and properties on land is accepted; certify the registration of mortgage in the Certificate of land use rights and ownership of houses and other land-attached assets after it is signed and renewed by a competent authority.
The awarding of certificates of land use rights and ownership of houses and other properties attached to newly-renewed land is carried out simultaneously between three parties including the land use right registration office, land users and organizations credit facility as follows:
• Land users sign and receive Certificates of land use rights and ownership of houses and other assets attached to new land from the Land Use Right Registration Office to hand it to the credit institution where the land is being accepted;
• Credit institutions are responsible for handing over the old Certificate of mortgage to the Land Use Right Registration Office for management.
Time to issue land use right certificate
As prescribed by the People’s Committee of the province but not later than 7 days from the date of receiving the valid dossier. The case of granting and exchanging simultaneously for many land users due to redrawing of the map is not more than 50 days. This time does not include the time of holidays and holidays as prescribed by law; does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; does not include the time for consideration and handling for the case of land use in violation of the law, the time for soliciting expertise. For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time may be increased by 10 day. Results of settlement of administrative procedures must be returned to land users and owners of land-attached assets within 03 working days from the date of receipt of settlement results.
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Please see more
- Conditions to initiate a land dispute in court in Vietnam
- Converting farmland to residential land in Vietnam
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
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 1 hectare or more.
According to the provisions of Clause 1, Article 228 of the Penal Code 2015, amended in 2017, anyone who encroaches on, transfers the right to use land or uses land in contravention of the provisions of law on land management and use can shall be examined for penal liability for the crime of violating regulations on land use in the following cases:
Have been administratively sanctioned for the act of encroaching on land; or
Has been sentenced for the crime of violating the regulations on land use, has not yet had his criminal record cleared but still commits it.
Accordingly, the penalty frame applied to this crime is as follows:
Frame 01:
A fine of between VND 50 and 500 million, non-custodial reform for up to three years or a prison term of between six months and three years.
Frame 02:
A fine of 500 million – 02 billion dong or a prison term of 02 – 07 years if the crime is committed in one of the following cases:
Organized;
Committing the crime twice or more;
Dangerous recidivism.
Article 228 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the penalties for land encroachment as follows:
A fine of between VND 50,000,000 and 500,000,000, non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.
Those who encroach on land have already been administratively sanctioned for this act or have been convicted for this crime, not yet entitled to criminal record remission but continue to commit it.
A fine of from VND 500,000,000 to VND 2,000,000,000 or imprisonment from 2 to 07 years:
Organizing;
Committing the crime twice or more;
Dangerous recidivism.
Conclusion: So the above is How to legalize 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
