Citizens send questions to the Ministry of Agriculture and Environment with the content:
Acts of using land for improper purposes, arbitrarily changing land use purposes without permission from competent state agencies are regulated for penalties in Articles 8, 9, 10, 11, 12 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government.
Clause 2, Article 32 of Decree No. 123/2024/ND-CP stipulates that the person authorized to make records of administrative violations in the field of land includes:
People with authority to sanction administrative violations in the field of land according to Articles 30 and 31 of the Decree;
Heads of inspection teams, members of inspection teams established by the Chief Inspector of the provincial level; civil servants working in land administration at the commune level; civil servants and public employees of agencies with land management functions at all levels who are performing official duties.
Article 22 of the Land Law stipulates agencies with land management functions and civil servants doing land administration work at the commune level.
Clause 1, Article 13 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates the position and function of the Land Registration Office, specifically: "The Land Registration Office is a land registration organization, a public non-business unit directly under a provincial-level land management agency...".
From the above regulations, it is requested to know: are civil servants of the Land Registration Office or Branch of the Land Registration Office when carrying out surveying activities under contract to serve administrative procedures on land (such as surveying for adjustment, re-issuance of certificates, plot separation...) and detecting violations of land law, whether they fall into the case of "civil servants of agencies with land management functions who are performing official duties" to be allowed to make records of administrative violations in the field of land?
Answering this content, the Ministry of Agriculture and Environment said:
- In case civil servants of the Land Registration Office, Branch of the Land Registration Office are on duty and discover administrative violations in the field of land, they shall make a record of administrative violations according to the provisions of point b, clause 2, Article 32 of Decree 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land.
- In case a competent person currently performing official duties does not belong to the titles specified in point b, clause 2, Article 32 of Decree 123/2024/ND-CP or is not under their management and discovers an act showing signs of administrative violation, a working record must be made to record the incident and immediately transfer the record to the competent person to make an administrative violation record according to the provisions in point c, clause 2, Article 32 of Decree 123/2024/ND-CP.
The issuance of administrative violation records in the field of land is made in accordance with the provisions of Article 58 of the Law on Handling of Administrative Violations (amended and supplemented according to the provisions of Clause 29, Article 1 of Law No. 67/2020/QH14 and Clause 9, Article 1 of Law 88/2025/QH15); stipulated in Article 12 of Decree No. 118/2021/ND-CP dated December 23, 2021 detailing a number of articles and measures to implement the Law on Handling of Administrative Violations (amended and supplemented according to the provisions of Decree No. 68/2025/ND-CP dated March 18, 2025, Decree No. 190/2025/ND-CP dated July 1, 2025) and in Decree 123/2024/ND-CP.
