Ms. H.T.L in Hanoi reflected that she encountered difficulties in the process of implementing administrative procedures "registering and issuing certificates for cases of households and individuals using land for purposes other than those that have been recognized by the state for land use rights before July 1, 2014", specifically as follows:
Decision No. 3380/QD-BNNMT dated August 25, 2025 announced new administrative procedures in the land sector, with the condition: The land plot has been recognized by the State for land use rights (issued a certificate) before July 1, 2014; the current status of the land plot is in accordance with the planning; the land user fulfills financial obligations.
Thus, according to Ms. L, the act of building a house or a structure on agricultural land, whether arising before or after July 1, 2014, if all of the above conditions are met, will be subject to consideration and resolution.
However, previously applied practices often limited the time of violation to "before July 1, 2014" (according to Article 139 of the Land Law), leading to different understandings and applications in localities, causing difficulties for citizens.
Regarding the consistency with the provisions on handling administrative violations under Decree No. 123/2024/ND-CP (replacing, inheriting Decree No. 91/2019/ND-CP), the act of using land for the wrong purpose is subject to remedial measures such as:
"Forced restoration of the original state of the land before the violation, except for the case specified in Clause 3, Article 139 of the Land Law.
Forced to return the illegal profits gained from the violation".
Pursuant to Articles 63 and 68 of Decree No. 78/2025/ND-CP detailing a number of articles and measures to organize and guide the implementation of the Law on Promulgation of Legal Documents, the citation of clauses and laws must rely on the main content of that clause, not limited by the title of the law.
Therefore, Clause 3, Article 139 of the Land Law has an independent application value, not bound by the time frame "before July 1, 2014" stated in the title of Article 139.
This understanding is consistent with the structure and spirit of the Decree No. 123/2024/ND-CP, when many things have been separated and except "except in the case of Clause 3, Article 139", expressing the legislative will to want Clause 3 to operate as an independent mechanism, not mechanistically forcing restoration in cases that meet conditions.
From the above grounds, Ms. L asked, when resolving the issue according to administrative procedures, are households and individuals subject to remedial measures to " force the restoration of the original state of the land before the violation" or not?
In case the Land Registration Office or the Branch of the Land Registration Office refuses to receive/resolve the dossier on the grounds of misuse arising after July 1, 2014, or citing the regulations on administrative sanctions in Decree No. 123/2024/ND-CP to refuse, how will the case be handled for consistency?
The Department of Land Management, Ministry of Agriculture and Environment responds to this issue as follows:
List of administrative procedures No. 1,013993: "Registerment and issuance of certificates for cases of households and individuals using land for purposes other than those recognized by the state for land use rights before July 1, 2014".
For acts of using land for the wrong purpose regulated to sanction administrative violations in the land sector from Articles 8 to 12 of Decree No. 123/2024/ND-CP, all remedial measures are applied to "restore the land to its original state before the violation" except for cases specified in Clause 3, Article 139 of the Land Law.
Accordingly, in cases where households and individuals using land that violate land law are using land for purposes other than those specified in the certificate, land allocation decision, land lease from July 1, 2014 onwards, all remedial measures will be applied, which is to "restore the original state of the land before the violation".
