Citizens send questions to the Ministry of Agriculture and Environment requesting clarification of the handling of administrative violations for cases of increased land area due to encroachment before July 1, 2014.
In case households and individuals have an increased land area due to encroachment before July 1, 2014, have been granted a Certificate of Land Use Rights before July 1, 2025, have never been recorded for administrative violations and have not been handled for violations according to Decree No. 123/2024/ND-CP, and have also fulfilled financial obligations under Clause 3, Article 139 of the 2024 Land Law and Decree No. 151/2025/ND-CP, will they continue to be administratively handled?
In case the family has an increased land area due to encroachment, it is used stably, there is no dispute, and it is in accordance with land use planning; the boundary and landmarks have been confirmed by the Commune People's Committee since May 2008 and shown on the 2010 land map of Tien Tien commune (now Nam Dong ward, Hai Phong city). This encroached area was determined by the Commune People's Committee and ward to have arisen before July 1, 2014. By May 2025, the family will prepare a dossier requesting legalization and issuance of a Certificate of Land Use Rights for the increased area.
So in this case, will the family be administratively sanctioned before preparing the dossier for the Certificate or will they only have to fulfill their financial obligations under Article 139 of the 2024 Land Law and guiding documents for implementation?
Regarding this content, the Ministry of Agriculture and Environment has the following opinions:
Clauses 9 and 31 of Article 3 of the 2024 Land Law have regulations on land encroachment and occupation and Clause 1 of Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government specifically regulating acts of occupation of land;
At point b, clause 2, Article 3 of Decree 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land, it is stipulated that the act of occupying land is an ongoing act, so the time to calculate the statute of limitations for penalties is the time when the person with the authority to perform official duties discovers the violation.
Based on the above regulations, in case the encroached area is from May 6, 2008, but at the time of applying for a Certificate of Land Use Rights, the state agency has only discovered the act of encroachment and occupation of land, it will still be administratively sanctioned for the act of occupation of land according to Article 13 of Decree 123/2024/ND-CP dated October 4, 2024 of the Government stipulating administrative sanctions in the field of land before issuing a certificate.
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