The illegal sale of land is happening very often in recent times. Sale of land, also known as transfer of land use rights, is one of the rights of organizations and individuals using land. The Land Law already stipulates the conditions for land users to exercise this right to transfer. Some individuals and organizations, even though they know that they do not have the authority to sell land, still commit illegal acts. this. So about the matter “What is the crime of selling land illegally in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Understanding what is selling land without authority
Clause 1, Article 23 of Decree 43/2014/ND-CP stipulates:
“Land allocated improperly to households and individuals specified in this Article includes cases where the head of a residential area allocates land or the commune-level People’s Committee improperly allocates land according to the provisions of land law through the ages; organizations that are allocated or leased land by the State for their own use, but have distributed and arranged them themselves to officials, employees, and cooperative members for use as houses and other purposes.
Thus, land that is improperly allocated is the land that households and individuals use in one of the following two cases:
Case 1: Land is allocated land by the head of the residential area or the People’s Committee of the commune (commune, ward or township) improperly according to the provisions of the law on land over time.
Since the first Land Law was issued in 1987, there have been many new laws to replace it, such as the 1993 Land Law, the 2003 Land Law, the 2013 Land Law, but the competent authority allocates land to households. , individuals are still uniformly defined as district-level People’s Committees (districts, towns, provincial cities).
If households and individuals use land that is not allocated by the district-level People’s Committee, it is the land that has been allocated improperly.
Case 2: The organization has been allocated or leased land by the State for use but has distributed and arranged it for officials, employees and cooperative members by themselves.
Self-distribution and arrangement for officials, employees, and cooperative members are in fact very diverse and carried out by many different organizations, these organizations do not have the authority to allocate land but have distributed and distributed the land themselves. Positions such as: National defense units, enterprises, companies, educational and training institutions at all levels, hospitals or other agencies and units.
What is the crime of selling land illegally in Vietnam?
How to handle cases of illegal land allocation according to the provisions of Article 171 of Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law, the person who has the act of allocating or leasing land unauthorized land will be warned or lowered salary if due to irresponsibility; recidivism due to irresponsibility shall be demoted or dismissed; if it is intentional, he/she will be dismissed from office; Willful recidivism will result in dismissal.
The State does not issue a certificate of land use rights, ownership of houses and other land-attached assets and recovers land illegally allocated or leased land without authorization from July 1, 2014 or later. after.
So what is the crime of selling land illegally in Vietnam? According to the provisions of Article 229 of the 2015 Penal Code, the act of illegally selling land can be criminally prosecuted under the crime of violating regulations on land management (Article 229).
What is the penalty for selling land illegally?
What is the crime of selling land illegally in Vietnam? According to Article 229 of the 2017 Penal Code, the crime of violating regulations on land management is as follows:
1. Those who abuse or abuse their positions and powers to allocate, recover, lease, permit the transfer of the right to use, or permit the change of land use purpose contrary to the provisions of law in one of the following circumstances the following, shall be sentenced to non-custodial reform for up to 03 years or a prison term of between 06 months and 03 years:
a) The area for rice cultivation is from 5,000 square meters (m2) to less than 30,000 square meters (m2); land for special-use forests, protection forests and production forests with an area of between 10,000 square meters (m2) and less than 50,000 square meters (m2); other agricultural land and non-agricultural land with an area from 10,000 square meters (m2) to less than 40,000 square meters (m2);
b) Land with a monetary value of land use rights ranging from VND 500,000,000 to under VND 2,000,000,000 for agricultural land or from VND 1,000,000,000 to under VND 5,000,000,000 for non-agricultural land;
c) Have been disciplined for this act but continue to commit it.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:
a) Organized;
b) Land for rice cultivation with an area from 30,000 square meters (m2) to less than 70,000 square meters (m2); land for special-use forests, protection forests and production forests with an area from 50,000 square meters (m2) to less than 100,000 square meters (m2); other agricultural land and non-agricultural land with an area from 40,000 square meters (m2) to less than 80,000 square meters (m2);
c) Land with a cash value of between VND 2,000,000,000 and under VND 7,000,000,000 for agricultural land or from VND 5,000,000,000 to under VND 15,000,000,000 for non-agricultural land;
d) Causing adverse effects on social security, order and safety.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 12 years of imprisonment:
a) Land for rice cultivation with an area of 70,000 square meters (m2) or more; land of special-use forests, protection forests and production forests with an area of 100,000 square meters (m2) or more; other agricultural land and non-agricultural land with an area of 80,000 square meters (m2) or more;
b) Land with a monetary value of land use rights of 7,000,000,000 VND or more for agricultural land or 15,000,000,000 VND or more for non-agricultural land.
4. The offenders may also be subject to a fine of between VND 10,000,000 and 150,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for one to five years.
So, answering the question of selling land illegally, what crime? Accordingly, this act is a violation of the regulations on land management, the maximum prison sentence is up to 12 years.
Can people who buy land illegally get a red book?
Phase 1: Land has been used stably before October 15, 1993
* Conditions for being granted a Certificate
To be granted a Certificate, the following conditions must be met:
– No dispute.
– In accordance with the plan.
* Area to be granted Certificate
Pursuant to Clause 1, Article 20 of Decree No. 43/2014/ND-CP, the certificated area is as follows:
– For a land plot with houses whose area is less than or equal to the quota for recognition of residential land, the entire area of the land parcel is recognized as residential land (the limit for each province or centrally run city will be different). each other – must see local regulations).
In case the land plot has houses and the area of the land parcel is larger than the quota for recognition of residential land, the area of recognized residential land is equal to the quota for recognition of residential land; In case the area of land for construction of houses and works in service of life is larger than the quota for recognition of residential land, the residential land area shall be recognized according to the actual area in which houses and works in service of life have been built. there.
– For land plots with construction works for production, trade and non-agricultural services, the land for non-agricultural production establishments, commercial and service land shall be recognized according to the actual area where the works have been built. there; the form of land use is recognized as the form of land allocation with collection of land use levy, the land use term is stable and long term.
– For a land plot with both houses and constructions for production, commerce and non-agricultural services, and the area of the land plot is larger than the quota for recognition of residential land:
+ Area of residential land is recognized as prescribed for land plots with houses.
+ The remaining area for which non-agricultural production, commercial and service works have been built shall be recognized as prescribed for land plots with construction works for non-agricultural production, trade and services. .
– For the remaining land area after it has been determined as residential land or other non-agricultural land according to the above provisions, it shall be determined as agricultural land.
Phase 2: Land has been used stably from October 15, 1993 to before July 1, 2014
* Conditions for issuance of Certificates
– No dispute.
– In accordance with the plan
Although the conditions for obtaining the Certificate of the above two phases are the same as prescribed, the difference is the area for which the Certificate is granted and the land use levy payable.
* Area to be granted Certificate
– For a land parcel with houses whose area is less than or equal to the residential land allocation quota, the entire land parcel area shall be recognized as residential land (the land allocation quota for each province or centrally run city will be difference).
In case the land plot has houses and the area of the land plot is larger than the residential land allocation quota, the recognized residential land area is equal to the residential land allocation quota; In case the area of land for construction of houses and works in service of life is larger than the quota for residential land allocation, the residential land area shall be recognized according to the actual area where houses and works serving that life have been built. .
– For land plots with construction works for non-agricultural production, trade or service, the land for non-agricultural production establishments shall be recognized; commercial and service land according to the actual area where the work has been built (the form of land use is recognized as the form of land allocation with collection of land use levy, the land use term is stable and long).
– For a land plot with both houses and constructions for production, commerce and non-agricultural services and the area of the land plot is larger than the residential land allocation quota, the residential land area or production base land shall be recognized. non-agricultural exports; commercial and service land as prescribed for each type of land as above.
– The remaining land area, after being determined according to the area of residential land and other non-agricultural land according to the above provisions, shall be determined as agricultural land.
Phase 3: From July 1, 2014 onwards
If a household or individual is allocated land by the State but is not a district-level People’s Committee, not only will they not be granted a Certificate.
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Frequently asked questions
According to the regulations, the commune-level People’s Committees do not have the authority to allocate land, so in this case, it is improper land allocation. Land allocated improperly to households or individuals specified in this Article includes cases where the head of a residential area allocates land or the commune-level People’s Committees allocate land improperly as prescribed by law. about land through the periods; organizations that have been allocated or leased land by the State for their own use, but have distributed and arranged them for officials, employees, and cooperative members to use for housing and other purposes.
District-level People’s Committees shall decide on land allocation, land lease, or permission to change land use purposes in the following cases:
a) Allocate land, lease land, permit change of land use purpose to households and individuals. In case of leasing land to households or individuals, permitting the change of agricultural land use purpose to use for commercial or service purposes with an area of 0.5 hectares or more, a written consent must be obtained. approval of the People’s Committee of the province before making the decision;
b) Allocating land to residential communities.
Land allocation before October 15, 1993
Necessary conditions to be granted a land book, allocated illegally before 1993: The land was used stably before October 15, 1993, without disputes, in accordance with the planning.
Land allocation from October 15, 1993 to before July 1, 2014
Necessary conditions for the issuance of a red book: The land was used stably from October 15, 1993 to before July 1, 2014, without disputes, in accordance with the planning.
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