On the Government Portal, citizens ask:
Ms. N.M. H was given 240 m2 of land for perennial crops by her parents, and was granted a Certificate of Land Use Rights in 2014. In 2015, she built a 2-story house with an area of 70 m2.
Recently, Ms. H submitted a dossier requesting to change the land use purpose of 100 m2 of land from perennial crop land to residential land. Officials of the Economic Department of the Commune People's Committee came to inspect the current status and requested her to restore the original state of the land, forcing the dismantling of works on the land.
Ms. H's family only has a single land plot, the land plot is located in a residential area, compared to the planning map, it is residential land, solid houses have been built, and three generations are currently living on this land plot.
Ms. H asked, is she in the case of being forced to remedy the consequences of dismantling the construction to restore the original state of the land?
The Ministry of Agriculture and Environment answers this question as follows:
In the case of Ms. N.M. H, a Certificate was issued for the purpose of using land for perennial crops, but in 2015, she used it for the purpose of building a 2-story house on land, which was identified as an act of violating land use for improper purposes and was administratively sanctioned as prescribed in Clause 2, Article 10 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government regulating administrative sanctions in the field of land.
The measure to remedy the consequences is to force the restoration of the original state of the land before the violation and force the return of illegal profits obtained from the act of violating the provisions of Clause 4, Article 10 of Decree No. 123/2024/ND-CP.
When considering carrying out procedures for changing land use purposes, her family must comply with the decision on sanctioning administrative violations for the act of using land for improper purposes.
