Citizens sent questions to the Ministry of Agriculture and Environment asking about the following cases: Currently, in the commune, there is a phenomenon of some households transferring agricultural land that has been granted a certificate of land use rights or land that the family self-reclaimed to another household or individual (the transfer contract is not not notarized or certified by both parties).
The transferee shall convert the transferred agricultural land use purpose to non-agricultural purposes without carrying out the procedures for converting the land use purpose according to the provisions of law. When the state agency discovers the violation, the transferee declares that the violating project belongs to the transferor. So, please tell us how to identify the subject of administrative violation in this case, the transferor or the transferee?
Responding to this content, the Ministry of Agriculture and Environment said that according to the provisions of Clause 4, Article 17 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government regulating administrative sanctions in the field of land, it stipulates:
Article 17. Transferring rights, leasing, subleasing, mortgaging land use rights without meeting the prescribed conditions
4. Remedial measures:
a) Forcing the transferee, the lessee, or the lessee to return the land to the transferee, lessee, or lessee, except for the cases specified in Point d, d, Clause;
b) Forced termination of a mortgage contract using land use rights;
c) Forced to pay any illegal profits obtained from committing the violation;
d) Forced to register land in cases that are eligible for a Certificate of land use rights and ownership of assets attached to land according to regulations;
d) Forced to register land in cases where the transferor cannot return the land because the organization has been dissolved, bankrupt, or the individual has died without an heir or moved to another place, but the People's Committee of the commune where the land is located has confirmed that at the time of discovering the violation, the address cannot be determined and is not subject to land recovery by the State as prescribed in Articles 81 and 82 of the Land Law. The transferee must take measures to remedy the consequences of the violation caused by the transferee before transferring the rights".
The Ministry recommends that citizens study the above regulations to determine that if the purchase and sale of rights transfer is not eligible, there will be measures to remedy the consequences for the transferee and the transferee according to regulations.
