A resident in Can Tho reflected that because they did not clearly understand the regulations, they only carried out procedures to register changes after 30 days from the date of receiving the land use right transfer.
This case involves receiving the transfer of 5 land plots, each land plot is established with a separate contract. After submitting the dossier, the people were issued a record of administrative violation by the Commune People's Committee.
According to reports, functional agencies determined that the failure to register changes on time is an administrative violation many times due to having 5 transfer contracts. Each contract is identified corresponding to one violation and the violator is both husband and wife.
The fine applied is 5 million VND for each contract, in which husband and wife are jointly responsible, causing the total fine to reach 25 million VND.
People raised the question of whether the determination of administrative violations many times based on separate transfer contracts and determining that both husband and wife are violators is in accordance with regulations or not.
Answering this content, the Ministry of Agriculture and Environment said that administrative sanctions must be based on violations prescribed by law.
According to point d, clause 1, Article 3 of the Law on Handling of Administrative Violations in 2012, a person who commits multiple administrative violations or administrative violations many times shall be sanctioned for each violation.
In addition, Decree No. 123/2024/ND-CP of the Government stipulating penalties for administrative violations in the field of land clearly states that households and residential communities are penalized as individuals who violate.
The Ministry of Agriculture and Environment also cited the provisions of the Law on Marriage and Family, in which the land use rights that husband and wife have after marriage are determined to be common property of husband and wife, unless otherwise provided by law.
Based on the above regulations, this agency said that the determination of repeated administrative violations due to failure to register land changes is carried out based on each land use right transfer contract.
In case the transfer contract records that the land use rights belong to the common rights of husband and wife, when violations occur in the field of land leading to administrative sanctions, the form of sanction is applied as for violating individuals according to regulations.
The Ministry of Agriculture and Environment affirmed that the determination of the number of violations and sanctioned subjects must be based on each specific transfer transaction and relevant legal documents.
