3 KEY CHANGES TO LAND VIOLATION PENALTIES EFFECTIVE AUGUST 31

Additional cases where failure to register land changes is not subject to penalties

Under Decree No. 281/2026/ND-CP, effective from August 31, 2026, certain cases involving failure to register changes in land records will no longer be subject to administrative penalties.

One notable exception applies to cases involving the receipt of land use rights for investment projects under Article 127 of the Land Law. In addition, transitional provisions are introduced for certain cases that arose before the new decree came into effect.

This change is intended to clarify the circumstances in which land users may be exempt from penalties, while providing a clearer legal framework for handling cases that occurred during the transition between regulations.

2. Spouses jointly holding land use rights are treated as one entity for penalty purposes

Another notable change concerns cases where spouses jointly hold land use rights.

Under the new regulations, when both spouses have joint land use rights, they may be considered a single individual subject to administrative penalties for the same land-related violation.

The regulation also provides a basis for determining penalties in special administrative units, helping authorities apply sanctions more consistently in cases involving jointly held land use rights.

Four additional remedial measures

The new regulations also supplement four remedial measures that authorities may apply when handling land-related violations.

These measures include requirements to:

• Restore the land to its original condition;
• Restore administrative boundary markers to their original locations;
• Complete the required land-related administrative procedures; and
• Return or rectify documents that have been erased, altered, or otherwise falsified.

The addition of these measures emphasizes not only the imposition of administrative fines but also the obligation of violators to rectify the consequences of their violations.

Key points to note

The changes introduced under Decree No. 281/2026/ND-CP provide greater clarity on how land-related violations are handled, particularly in cases involving land change registration, jointly held land use rights, and remedial obligations.

For individuals, households, and businesses involved in land transactions or real estate projects, understanding these provisions is important to ensure compliance with land regulations and minimize legal risks during project implementation and land-related procedures.

As the new regulations take effect, land users and businesses should review their existing land records and administrative procedures to identify any outstanding obligations and take appropriate action where necessary.