The cases of land recovery without compensation.
Pursuant to the Land Law of 2013 and Decree No. 43/201 /NĐ-CP dated 15th May 2014 of the Government, the State shall recover land without compensation for land in the following cases: Annual crop land is not used for 12 consecutive months; Perennial land is not used for 18 consecutive months; Afforestation land is not used for 24 consecutive months.
Land is allocated and leased by the State for execution of investment projects that were not used for 12 consecutive months or the land use rate was 24 months slower than the schedule stated in the investment project from the date of receipt. Hand over land in the field to put the land into use. In cases where the land is not used, the investor could extend use duration of 24 months and must remit to the State money amount corresponding to land use levy or land rent for time delayed with project implementation schedule. Upon expiration of extension, if investor has not yet brought the land into use, the State shall recover land without any compensation for land and assets attached to land, except for force majeure.
Raising the fine level of environment sector
On 18th November 2016, the Government issued Decree No. 155/2016/NĐ-CP on penalties for administrative violations against regulations on environmental protection, effective from 01st February 2017 (replacing Decree No.179/2013/NĐ-CP dated 14th November 2013 of the Government). According to this Decree, the fine for violations on environmental protection is very high compared to before, the maximum fine for an individual violation is VND 1 billion and organization is 2 billion.
The fine for administrative violations on environmental protection is up to 1 billion VND for individuals and 2 billion VND for organizations
Particularly, related to the procedures and environmental dossiers, the highest fine shall be imposed for acts of violating environmental protection declaration and payment with a fine of up to VND 1 billion as provided for in Article 35 of the Government's Decree No. 155 / 2016 / NĐ-CP. For violations related to wastes, violations of regulations on discharge of waste water, emissions, noise and vibration ... which exceed the prescribed norms into the environment, be fined from VND 600,000 to VND 2 billion Articles 13, 15, 17 and 18 of Decree No. 155/2016/NĐ-CP; Violations of regulations on collection, transportation, burial and refuse of daily-life waste and ordinary industrial waste and hazardous wastes shall be fined from VND 10 million to VND 2 billion as provided for in Article 20, 21 of Decree No. 155/2016 / NĐ-CP ...
Highest penalty 250 million.
According to the Law on Water Resources in 2012, organizations and individuals engaged in underground water exploration and exploitation of 10m/day (cubic meters per day) or more and discharge of wastewater into water sources with discharge of 5m3/day or more must apply for permission as prescribed. In cases where underground water is exploited or used less than 10 m3/day, but in areas where underground water exploitation is registered, the exploitation permits must not be applied for but must be registered according to regulations. Some cases of discharge of waste water less than 5m3/day, but still have to apply for permission under Clause 5, Article 3 of Circular No. 27/2014/ TT-BTNMT dated 30th May 2014 of the Ministry of Natural Resources and Environment. Registration and licensing of underground water exploration and exploitation is based on the list of restricted areas, limited areas and registered underground water exploitation at Decision No. 3258/QD-UBND dated 10th December 2015 of People's Committee of Binh Duong Province.
The sanctioning level for administrative violations in water resources sector is quite high. Picture: Binh Duong Newspaper
At present, the Government has issued Decree No. 142/2013/NĐ-CP dated 24th October 2013 specifying the administrative violations in the water resources sector at fine level is quite high. Of which, highest fine level is up to 250 million VND for individuals who do not apply for exploration and exploitation of underground water and discharge of wastewater into water sources according to regulations; The maximum fine of VND 150 million shall be imposed on individuals who discharged waste water into water sources in contravention of provisions of the permit ... The fine level for organizations is twice that for individuals.