Which important decree was recently issued by the Government to tighten control and resolve obstacles in sanctioning land administration violations?
To timely resolve legal obstacles and refine administrative sanctioning mechanisms in land management and usage, on July 13, 2026, the Government officially issued Decree No. 281/2026/ND-CP. This Decree amends and supplements several articles of Government Decree No. 123/2024/ND-CP dated October 04, 2024, regulating administrative sanctions in the field of land. Officially taking effect on August 31, 2026, Decree No. 281/2026/ND-CP promises to bring fundamental changes, creating a more transparent legal framework for regulatory authorities, enterprises, and citizens alike.
How are husbands and wives jointly holding land use rights sanctioned for administrative violations under the new regulations?
Answer:
Under the new regulations, where land use rights constitute joint property of both husband and wife and an administrative violation in the field of land occurs, administrative sanctions shall apply as if to a single individual. This provision simplifies violation handling procedures, avoiding overlapping or double-fining for the same land parcel under joint household ownership. (Legal basis: Clause 2, Article 3a of Decree No. 123/2024/ND-CP (supplemented by Article 1 of Decree No. 281/2026/ND-CP)). Statutory excerpt: "2. Where husband and wife jointly hold land use rights, administrative sanctions shall apply as to a single individual."
How are illegal profits in the field of land calculated and deducted?
Answer:
The new Decree details principles for determining and handling illegal profits derived from land violations:
- In cases of joint commission / multiple violators: If a violation is jointly committed by multiple organizations or individuals on the same land parcel, the illegal profits required to be remitted shall be divided equally among the joint violators.
- Deduction mechanism for amounts paid into the state budget: Where a violator has proactively paid amounts into the state budget arising from the use of the violating land parcel, the required illegal profits to be remitted shall be deducted by the amounts previously paid into the budget. (Legal basis: Clause 1, Article 6 of Decree No. 123/2024/ND-CP (amended and supplemented by Article 3 of Decree No. 281/2026/ND-CP))
How do fine levels change for failure to register land changes?
Answer:
The failure to register land changes as prescribed (such as delays in executing land change registration procedures upon transfer, donation, inheritance of land use rights, etc.) shall be subject to monetary fines ranging from VND 2,000,000 to VND 3,000,000. However, this regulation fully excludes cases of receiving land use rights to execute investment projects through agreements on acquiring land use rights pursuant to Article 127 of the Land Law. (Legal basis: Clause 2, Article 16 of Decree No. 123/2024/ND-CP (amended and supplemented by Article 4 of Decree No. 281/2026/ND-CP)).
How do transitional provisions resolve difficulties for projects acquiring land use rights?
Answer:
To protect legitimate rights and remove time bottlenecks for real estate and production/business project developers executing agreements to acquire land use rights under Article 127 of the Land Law, Decree No. 281/2026/ND-CP establishes highly advantageous transitional provisions:
- For dossiers where sanctioning decisions have not been issued: If an administrative violation record was established prior to August 31, 2026, for failure to register land changes, but competent authorities have not issued an administrative sanctioning decision, no sanction shall be imposed.
- For decisions issued but not yet executed: If competent authorities issued a sanctioning decision during the period from January 31, 2026, to prior to August 31, 2026, and the violator has not executed the fine payment, that sanctioning decision shall officially no longer be executed. (Legal basis: Clause 1, Article 11 of Decree No. 281/2026/ND-CP).
What should enterprises and citizens note when Decree 281 officially takes effect?
Answer:
The issuance of Decree No. 281/2026/ND-CP holds immense practical significance in unbinding legal constraints for commercial land acquisition projects. To maximize protection of rights and prevent arising risks starting August 31, 2026, organizations and individuals should act swiftly:
- For enterprises/project developers: Immediately review the entire portfolio of administrative violation records or sanctioning decisions regarding delayed land change registrations for land acquisition projects under Article 127 of the Land Law originating from January 31, 2026, to apply sanction exemptions or halt the execution of sanction decisions in a timely manner.
- For households and individuals: Proactively execute land change registrations within statutory deadlines to avoid direct administrative fines ranging from VND 2,000,000 to VND 3,000,000 when conducting transfer or donation transactions.
