The Ministry of Agriculture and Environment received a petition from voters in Dong Nai city with the content: "The petition requires researching appropriate regulations for each region to apply the provisions in point a, clause 5, Article 8, point a, clause 5, Article 9, point a, clause 4, Article 10 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land, because currently, the use of land that violates in the above cases, in addition to the form of monetary fines, also applies remedial measures (forcing the restoration of the original state of the land before the violation)".
The content of the petition is explained and provided with information as follows: On December 29, 2025, the Ministry of Agriculture and Environment issued Official Dispatch No. 10938/BNNMT-QLĐĐ responding to the voters' petition, sent to the Committee for Petitions and Supervision of the National Assembly and the National Assembly Delegation of Dong Nai city (attached to Official Dispatch No. 10938/BNNMT-QLĐĐ).
In the process of advising and submitting to the Government for promulgation a Decree amending and supplementing a number of articles of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land, the Ministry of Agriculture and Environment has reviewed and studied the opinions and recommendations of voters.
Through review, the content of voters' petitions stated, in Clause 2, Article 7 of Decree No. 123/2024/ND-CP (amended and supplemented in Decree No. 281/2026/ND-CP) has stipulated:
“2. The initial state of land before the violation is determined according to the land user, the type of land specified in Article 9 of the Land Law and according to the current state of land use before the violation (terrain, geological features, works on land) and is recorded in the administrative violation record.
The determination of the initial condition of the land before the violation is based on dossiers and documents showing the initial condition of the land before the violation. In case there are no dossiers or documents, the competent person issuing the administrative violation record is responsible for verifying the initial condition of the land before the violation based on the opinions presented by the violator and the opinions of the commune-level People's Committee".
This regulation helps competent persons to make records, competent to handle administrative violations to be proactive when determining the initial state of land; based on the current state of land use, area, and area with violating land; based on dossiers and documents showing the initial state of land before the violation to proceed with determination.
Therefore, the measure to remedy the consequences of "forcing the restoration of the original state of the land before the violation, except for the cases specified in Clause 3, Article 139 of the Land Law" specified in Point a, Clause 5, Article 8, Point a, Clause 5, Article 9, Point a, Clause 4, Article 10 of Decree No. 123/2024/ND-CP is maintained as current regulations.
At the same time, Decree No. 281/2026/ND-CP has amended and supplemented a number of contents to be consistent with newly issued specialized legal documents; amended the titles with the authority to handle administrative violations related to land and apply remedial measures, the level of fines corresponding to each title is consistent with the provisions of the law on handling administrative violations, the law on inspection and the law on land.
