The Government has issued Decree No. 281/2026/ND-CP dated July 13, 2026, amending Decree No. 123/2024/ND-CP on administrative penalties in the land sector, which includes amendments to penalties for the failure to register land changes.
Specifically, Decree 281/2026 amends and supplements Clause 2, Article 16 of Decree 123/2024 (regarding the failure to register land changes).
Accordingly, the fine remains between VND 2,000,000 and VND 3,000,000 for failing to register land changes as specified in Points a, b, i, k, l, m, and q, Clause 1, Article 133 of the Land Law.
However, the new Decree adds an exception: “cases of acquiring land use rights to execute investment projects through land use right agreements under Article 127 of the Land Law” will not face administrative penalties for failing to register land changes.
The transitional provisions are also set as follows:
- For cases of land transfer to execute investment projects through land use right agreements under Article 127 of the Land Law, where an administrative violation report for non-registration of land changes was made before the effective date of Decree 281/2026 but no sanctioning decision has been issued, no penalty shall be imposed.
- In cases where an administrative sanctioning decision was issued between January 31, 2026, and the effective date of Decree 281/2026, but the violator has not yet executed it, such decision shall not be enforced.
In addition to fines, the new Decree introduces multiple remedial measures for land violations. Violators may be compelled to restore the land to its original condition; restore the original state of administrative boundary markers; re-execute administrative land procedures; or surrender papers that have been erased, altered, falsified, or forged.
Another critical update is the method for determining illegal profits obtained from land violations. Accordingly, profits generated from land use after a violation must be remitted to the state budget. If multiple organizations or individuals commit a violation on the same land parcel, the illegal profit to be remitted will be divided equally. If the violator has previously paid amounts into the budget, those payments will be offset.
Decree 281/2026 also adds principles for determining administrative violations in the land sector as follows:
- Regarding administrative penalties in the land sector for special administrative-economic zones: If a zone is recognized as an urban type under the law and performs duties and powers equivalent to a ward-level local government, ward-level penalty rates shall apply. If it performs duties and powers equivalent to a commune-level local government, commune-level penalty rates shall apply.
- If a husband and wife jointly hold land use rights, the administrative penalty will be applied as it would be to a single individual.
Q&A
Question:
As of August 31, 2026, what is the fine for failing to register land changes?
Answer:
According to Decree No. 281/2026/ND-CP, the act of failing to register land changes will be subject to a fine ranging from VND 2,000,000 to VND 3,000,000 (except for cases of acquiring land use rights to execute investment projects through land use right agreements under Article 127 of the Land Law).
