On the Government Portal, Ms. H.H. Y (Thai Nguyen) wondered:
In 1993, Ms. H.H. Y was granted 1 Certificate of land use rights with an area of 300 m2, the purpose of use is other annual crop land, the land use term is until 2063.
In 2018, after carrying out declaration and simultaneous re-issuance of Land Use Right Certificates, she was issued a new Land Use Right Certificate by the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) for the above-mentioned land plot. The land use purpose remains the same as other annual crop land.
However, on the land plot, she has built a house and lived there since 2008. At the time of building the house, there was no decision to sanction administrative violations. The land plot is in accordance with land use planning.
She asked, is her case eligible to be sanctioned for land violations according to Decree No. 123/2024/ND-CP and converted to residential land for the Certificate of Land Use Rights issued in 2018? What is the procedure for implementation?
The Ministry of Agriculture and Environment answers this question as follows:
According to the content of her question, her land was granted a Certificate of Land Use Rights in 1993 with an area of 300 m2, the land use purpose is other annual crop land. In 2008, she built a house on the above-mentioned land (while the land use purpose remained the same as other annual crop land), which falls under the case of arbitrarily changing the land use purpose without permission from a competent State agency.
The handling of administrative violations for acts of arbitrarily changing land use purposes without permission from competent State agencies is stipulated in Article 10 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating the handling of administrative violations in the field of land.
The change of land use purpose is regulated in Article 116 of the 2024 Land Law and Article 121 of the 2024 Land Law stipulating the basis for changing land use purposes.
It is requested that you study the above legal regulations and contact the local authorities where the land is located for specific guidance.
