Hello LSX, currently the house my family is living in for 5 years is built on encroached land. The local government sent a notice to my family, asking my family to move out and with a fine. So about the matter “Building houses on encroached land under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Construction Law 2014
- Decree 139/2017/ND-CP
What is encroachment land?
Encroached land is the land obtained from violations of the law on land.
Land encroachment is the act of a land user to move the boundary landmarks or move the boundary of a land parcel to expand the area of land being used without the permission of state management agencies in the field of land use. the land area or the lawful users of the encroached land.
Land appropriation means the act of using land by a land user in one of the following cases:
- Acts of arbitrarily using land without the permission of the state management agencies in charge of land;
- There is an act of arbitrarily using land that is under the lawful use right in accordance with regulations of other individuals or organizations but without the permission of such individuals, organizations or individuals;
- There is an act of using land that is allocated or leased by the State but has expired, but is not extended by the State (except for individuals or households directly use this agricultural land for agricultural production purposes);
- There is an act of using land located in the field but the relevant procedures have not been completed in accordance with the provisions of the law.
How many violations are there for intentionally building houses on encroached land?
According to the provisions of the land law and the Law on Construction 2014 (amended and supplemented in 2020), acts of intentionally building houses on public land will be handled for 02 acts, specifically:
First, the encroached public land will be dealt with.
Second, to be handled for the part of houses and constructions built on land that has been violated for the act of “constructing works on land that is not allowed to be built.
How is illegal encroachment on public land handled?
According to the provisions of Article 14 of Decree 91/2019/ND-CP, the act of illegally encroaching on public land shall be handled in the following cases:
For encroachment or occupation of unused land in rural areas:
- A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for encroached areas occupying less than 0.05 hectares;
- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for encroached areas 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 encroached areas 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 encroached areas 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 areas occupying from 1 hectare or more.
For encroachment or occupation of agricultural land other than rice cultivation, special-use forest land, protection forest land or production forest land in rural areas:
- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for encroaching areas occupying less than 0.05 hectares;
- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for encroaching areas 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 encroaching areas 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 on the encroached 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 encroaching areas occupying from 01 hectare or more.
For encroachment or occupation of agricultural land which is rice cultivation land, special-use forest land, protection forest land, production forest land in rural areas, then:
• A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the encroached land area, occupying less than 0.02 hectares;
• A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for encroached areas 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 encroached areas 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 encroached areas 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 on the encroached 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 encroaching areas occupying 01 hectare or more.
In case of encroachment or occupation of non-agricultural land in rural areas:
• A fine ranging from VND 10,000,000 to VND 20,000,000 if the encroachment 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 encroachment 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 encroachment 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 encroachment 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 area occupies 1 hectare or more.
In case of encroachment or occupation of unused land, agricultural land or non-agricultural land in urban areas, the fine level shall be equal to 02 times the sanction level for the corresponding type of land specified in the above clauses and the maximum fine level is not 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations.
In addition, the state’s land encroachment may also be subject to additional penalties as follows:
- First, forcibly restoring the original state of the land before the violation for the above violations;
- Second, forced return of encroached or occupied land; except for the case of forced land registration and forced to carry out the procedures for land allocation or land lease according to regulations for the case of land use when the procedures for land allocation or land lease have not been completed.
Building houses on encroached land under Vietnam law
Building houses on encroached land will be handled according to the provisions of Clauses 5 and 7, Article 15 of Decree 139/2017/ND-CP, specifically as follows:
First, fines for acts of organizing the construction of works without a construction permit but requiring a construction permit according to regulations are as follows:
- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for construction of separate houses in conservation zones, historical-cultural relic sites or construction of other works other than those specified at Point b. , point c of this clause;
- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for building separate houses in urban areas;
- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for construction of works requiring the preparation of economic – technical reports on construction investment or formulation of construction investment projects.
Second, a fine of between VND 50,000,000 and 60,000,000 shall be imposed for one of the following acts:
- Construction of works not in accordance with the approved construction planning;
- Construction of works in violation of construction boundaries;
- Construction of the wrong construction works;
- Building expansion, encroaching on area, encroaching on space being legally managed and used by other organizations or individuals or in public areas or common areas.
Procedure for handling acts of intentionally building houses on encroached land
According to Clause 12, Article 15 of Decree 139/2017/ND-CP, for the act of intentionally building a house on encroached land, when the competent authority (usually the Inspector of the Department of Construction under the Provincial People’s Committee or the Inspection Team) construction inspection under the district People’s Committee) detected, will be handled as follows:
- Make minutes of administrative violations and request organizations and individuals committing violations to stop the construction of works;
- Within 60 days from the date of making records of administrative violations, organizations and individuals that commit violations must carry out procedures to request competent agencies to adjust or issue construction permits;
- At the end of this time limit, if the violating organization or individual fails to present to the person competent to sanction the construction permit or the adjusted construction permit, the measure of forcible dismantling of the work or part of the work shall be applied. construction violation.
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Please see more
- Regulations on land valuation of banks in Vietnam
- Time for district-level land use planning in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
In case the land is being used under the land use planning for national defense and security purposes and for socio-economic development for the national and public interests, the State shall recover the land before implementing it. that project or work.
The person using the land in violation may temporarily use it until it is recovered but must keep the current state of land use and must declare and register the land according to regulations.
In case the land is not being used in the planning for the above purposes, the People’s Committee of the province or centrally run city shall direct the review and adjustment of the master plan on land use; current land users are considered for issuance of the Certificate.
Particularly in case of stable and undisputed land use, a Certificate will be issued.
According to the provisions of Clause 5, Article 22 of Decree 43/2014/ND-CP, the encroached land may be granted a red book if it meets the following two conditions: The person is using the land stably in the cases as prescribed and no dispute.
In order to be granted a red book for encroached land, the time of encroachment and occupation must occur before July 1, 2014, after July 1, 2014, the act of encroaching and occupying land is illegal. At the same time, only households and individuals are granted, not organizations.
Households and individuals using encroached land must pay land use fees when making red books.
Households and individuals using encroached land must pay registration fee and red book granting fee when applying for red book for encroached land. In which, registration fee = 0.5% x (area x price of 1m2 in the land price list).
Depending on the regulations of the People’s Councils of the provinces and centrally-run cities, individuals and households will pay different amounts of money when making red book issuance fees.
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