Ms. N.N reflected that her family built a house on agricultural land in 2004, in 2005 the old District People's Committee issued a decision to sanction administrative violations and has paid the fine. Since 2012, land users have declared and paid residential land tax annually. Land in accordance with zoning planning (urban residential land from 2014).
Ms. N.N asked, now when land users prepare dossiers for red book issuance, do they have to return illegal profits?
The Ministry of Agriculture and Environment answers this question as follows:
For violations of land use for wrong purposes that were sanctioned in 2005, the 2003 Land Law, 2002 Ordinance on Handling of Administrative Violations and Decree No. 182/2004/ND-CP dated October 29, 2004 of the Government shall be applied.
Article 9 of Decree No. 182/2004/ND-CP stipulating penalties for administrative violations in the field of land has regulations on penalties for administrative violations for cases of using land for wrong purposes, in which Clause 6 of Article 9 only stipulates post-reparation measures "6. Forcing the restoration of the state of the land before the violation for acts specified in Clauses 1, 2, 3, 4 and 5 of this Article", not stipulating the application of remedial measures that are forcing the return of illegal profits obtained from the violation of violating land use for wrong purposes.
Thus, according to her reflection, the family built a house on agricultural land in 2004, in 2005, the District People's Committee issued a decision to sanction administrative violations and the family has paid the fine, now the family goes to carry out procedures for issuing a land use right certificate according to the provisions of Article 139 of the 2024 Land Law, then it is not required to return the illegal profit.
