On the Government Portal, citizens ask:
Mr. B.K. T's family (Thanh Hoa) is carrying out procedures to issue a Certificate of Land Use Rights for a 200 m2 land plot.
In the process of resolving the dossier, the specialized agency determined that his family had the act of using land for improper purposes in the case of "Transferring agricultural land that is not rice land, not forestry land to residential land within the administrative boundaries of the commune".
The time to determine the violation is 2002 and his family must return the illegal profit according to Clause 4, Article 10 of Decree No. 123/2024/ND-CP; the determination of the illegal profit is carried out according to the formula specified in Point a, Clause 2, Article 6 of Decree No. 123/2024/ND-CP.
Mr. T noted that point b, clause 3, Article 8 of Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government on sanctioning administrative violations in the field of land has stipulated measures to force the return of illegal profits for the act of changing the purpose of use of agricultural land that is not rice land, protection forest land, special-use forest land without permission from competent state agencies.
From the above regulations, he understands that the time to determine the amount of illegal profit for his family's case can be calculated from the time Decree No. 102/2014/ND-CP takes effect. However, he has not yet determined whether this understanding is consistent with the provisions of Clause 2, Article 35 of Decree No. 123/2024/ND-CP or not.
Mr. T asked, the act of using land for improper purposes of his family originated from 2002 but has only now been considered by competent authorities to determine the obligation to pay illegal profits, then from what time is the time of violation to apply the formula for calculating illegal profits according to point a, clause 2, Article 6 of Decree No. 123/2024/ND-CP determined?
What is the first decree on sanctioning administrative violations related to land that stipulates the measure of forcing the return of illegal profits for the act of "converting agricultural land that is not rice land, not forestry land to residential land" and from what time it takes effect?
Is there a basis for determining the time to calculate illegal profits from 2002 to 2026 in your family's case? If so, you request functional agencies to specifically cite the legal basis for application.
The Ministry of Agriculture and Environment answers this question as follows:
Clause 2, Article 35 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government on sanctioning administrative violations in the field of land is a transitional regulation for determining the time to pay illegal profits obtained from the violation that occurred before October 4, 2024 (the date Decree No. 123/2024/ND-CP takes effect), the time to determine the amount of illegal profits to be paid is calculated from the time the Decree stipulates that the violation must pay the amount of illegal profits takes effect.
The forced payment of illegal profits obtained from the act of using land for improper purposes has been stipulated since Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government took effect (from December 25, 2014).
Accordingly, the act of using land for improper purposes of his family from 2002 but only now discovered to be an act being carried out, occurring before the effective date of Decree No. 102/2014/ND-CP, the time to calculate and return illegal profits is calculated from December 25, 2014 to the time of making a record of administrative violation.
The above is the opinion of the Ministry of Agriculture and Environment. It is requested that you study the above legal regulations and contact the local authorities where the land is located for specific guidance.
