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Penalties for violating the regulations on land management?

25/06/2022

Article 229 of the 2015 Penal Code stipulates the crime of violating regulations on land management. Those who abuse or abuse their positions and powers to allocate, lease, recover, or permit the transfer of land use rights or permit the change of land use purposes illegally and fall into one of the following circumstances may: may be criminally handled for the crime of violating regulations on land management:

- Riceland with an area of ​​between 5,000 and under 30,000 m2;

- Protection forests, production forests and special-use forests with an area of ​​between 10,000 and under 50,000 m2;

- Other agricultural land and non-agricultural land with an area of ​​between 10,000 and under 40,000 m2;

- Land with a monetary value of land use rights of between VND 500 million and under VND 2 billion for agricultural land or from VND 1 to under 5 billion for non-agricultural land; - Has been disciplined for this act but still violates it.

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There are 03 main penalty frames applied to this Crime as follows:

 

- Frame 01:

A non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years if the offense is committed in one of the cases mentioned above.

- Frame 02:

A prison term of between 02 and 07 years if committing the crime in one of the following cases:

+ Organized;

+ Land for rice cultivation with an area from 30,000 m2 to less than 70,000 m2;

+ Special-use forests, protection forests and production forests with an area from 50,000 m2 to less than 100,000 m2;

+ Other agricultural land and non-agricultural land with an area from 40,000 m2 to less than 80,000 m2;

+ Land whose value of land use rights is converted into money is from 02 to under 07 billion dong for agricultural land or from 05 to under 15 billion dong for non-agricultural land; + Causing adverse effects on social security, order and safety.

- Frame 03:

A prison term of between 05 and 12 years if the crime is committed in one of the following cases:

+ Land for rice cultivation with an area of ​​70,000 m2 or more; special-use forests, protection forests and production forests with an area of ​​100,000 m2 or more; other agricultural land and non-agricultural land with an area of ​​80,000 m2 or more;

+ Land with the value converted into money of VND 07 billion or more for agricultural land or VND 15 billion or more for non-agricultural land.

In addition, offenders may also be subject to an additional penalty of a fine of between VND 10 and 150 million, a ban from holding certain posts, practicing certain professions or doing certain jobs for one to five years.