On the Government Portal, citizens asked: In 2004, Mr. T.T. S (HCMC) sold land and houses without Certificates (houses built in 1997 and land registration in 1997) to acquaintances with handwritten papers.
The acquaintance then went to register for land in 2005, 2014, and is currently completing procedures to apply for the first Certificate. The land is used stably without encroachment or dispute. Since then, Mr. S has not been recorded for administrative violations related to land.
Mr. S asked, will he and the buyer be fined according to articles 8, 10, 17, 20 of Decree No. 123/2024/ND-CP (or other articles of this Decree) for the above purchase and sale?
In addition, will remedial measures be applied to force the payment of illegal profits (according to Clause 2, Article 65 of the Law on Handling of Administrative Violations 2012)? And if so, from which time to which time and what is the formula for calculation?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 3, Article 17 of Decree No. 123/2024/ND-CP stipulates penalties for administrative violations for the act of transferring land use rights when there is no Certificate of Land Use Rights.
According to point a, clause 3, Article 3 of Decree No. 123/2024/ND-CP, the time of termination of the violation is the time when the parties involved have completed their obligations under the signed contract or transaction document;
According to point a, clause 2, Article 3 of Decree No. 123/2024/ND-CP, the statute of limitations for administrative violations of 02 years is calculated from the time of termination of the violation.
Therefore, competent authorities must determine whether this act still has the statute of limitations for administrative violations or not.
In case the statute of limitations for sanctioning is no longer valid, a decision on sanctioning administrative violations shall not be issued as prescribed in point c, clause 1, Article 65 of the Law on Handling of Administrative Violations; remedial measures shall be applied as prescribed in clause 2, Article 65 of the Law on Handling of Administrative Violations.
