The Ministry of Agriculture and Environment has just announced the Draft Decree amending and supplementing a number of articles of Decree No. 123/2024/ND-CP stipulating penalties for administrative violations in the field of land.
The draft also amends and supplements the sanctioning authority of the Chairman of the Commune-level People's Committee in the direction of increasing the maximum fine to 250 million VND; and at the same time stipulates the authority of specialized inspection forces, commune-level land administration officials, forest rangers, people's police and people's army while on duty.
The draft also supplements Article 3a clearly stipulating the principle of determining administrative violations in the field of land. Accordingly, violations must be regulated in the Land Law and in Decrees; the determination of violations must be carried out by competent agencies and people in accordance with legal procedures.
The draft also clarifies the application of penalties for special administrative units equivalent to commune and ward levels; and stipulates that spouses or multiple people with common land use rights, when violating, are subject to penalties as an individual, except in cases of jointly committing violations.
Regarding penalties for the act of not registering land changes, the draft amendment is in the direction of fining from 2 to 3 million VND for cases subject to registration according to the provisions of the Land Law, except for cases of receiving transfers to implement investment projects through land use right transfer agreements.
In addition, the draft decree is expected to adjust and replace some phrases to ensure consistency with the new organizational structure and current legal system; abolish some regulations that are no longer appropriate.
According to the draft, for decisions on administrative violations that have been issued or have been fully implemented before the Decree takes effect but still have complaints, legal regulations effective at the time of issuance of the decision will be applied for resolution.
