Proposed Fine of Up to 1 Billion VND for Real Estate Developers Delayed in Submitting Land Title Documentation for Homebuyers

The Ministry of Construction is seeking public feedback on a draft decree outlining administrative penalties for construction violations. This initiative aims to amend and supplement Decree 16/2022, addressing shortcomings in real estate business operations.

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Developers failing to submit land use right certificate applications for buyers face fines up to 1 billion VND. (Image: Int)

Fines Up to 1 Billion VND for Delayed Land Certificate Applications

According to the draft, developers delaying submissions for land use right certificates (red books) to competent authorities on behalf of buyers or lease-to-own tenants (excluding cases where buyers/tenants voluntarily handle procedures) will face penalties based on delay duration and violation severity.

Proposed fines escalate with delay length and number of affected units:

For delays of 50 days to 6 months: 30-50 million VND (under 50 units); 50-80 million VND (50-200 units); 80-160 million VND (200+ units).

For delays of 6-12 months: 160-200 million VND (under 50 units); 200-300 million VND (50-200 units); 300-500 million VND (200+ units).

For delays over 12 months: 200-300 million VND (under 50 units); 300-500 million VND (50-200 units); 500 million to 1 billion VND (200+ units).

Violation periods are calculated from handover date or full payment date (lease-to-own) until administrative violation documentation.

Additional Penalties for Real Estate Violations

The draft also imposes heavy penalties for other real estate violations, including operating without proper business registration.

Conducting real estate business without a registered company/cooperative incurs 120-160 million VND fines. Non-compliant registered businesses face 160-200 million VND fines, with potential 3-6 month business suspension.

Improper fee collection carries 500-600 million VND fines. Non-standard contract usage or pricing violations result in 180-260 million VND and 300-500 million VND fines respectively.

Unauthorized contract transfers for purchases/leases incur maximum 800 million to 1 billion VND penalties.

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