Strongly handle a series of construction order violations
Over the past time, in Hanoi, construction order management has had many positive changes, especially since the implementation of the 2-level local government model. Thanks to that, the situation of illegal construction and unlicensed construction on public land and agricultural land has gradually been curbed and improved significantly.
Thanh Tri Commune People's Committee said that in the past few days, the locality has organized the dismantling and coercion of a series of construction order violations, mainly located on agricultural land.
A typical violation is Mr. Duong Van Phong's household, residing in Giang hamlet, Thanh Tri commune. The violating works are built on agricultural land assigned to households and individuals according to Decree 64/CP and are not allowed to be built.
Thanh Tri commune authorities determined that this is an act of arbitrarily changing the purpose of agricultural land use to non-agricultural land without permission from competent authorities, violating the provisions of land law.
Through inspection, Thanh Tri commune determined that there were 6 violating works, divided into 9 workshops that went into operation before July 1, 2025, with a total area of over 4,300m2.
Thanh Tri commune has issued a notice, mobilized manpower and machinery, and carried out dismantling and coercion in accordance with regulations, ensuring security and order in the area.
Thanh Tri Commune People's Committee said that in the coming time, it will continue to strengthen land management and construction order. Resolutely detect, prevent and strictly handle violations right from the time they arise, in order to prevent the situation of encroachment and illegal construction on agricultural land.
Violations need to be strictly handled
Talking to Lao Dong Newspaper, Dr. Lawyer Dang Van Cuong - Head of Chinh Phap Law Office, Hanoi Bar Association, said that according to the provisions of land law, land use must be for the right purpose, ensuring efficiency. Land law strictly prohibits acts of using land for wrong purposes, destroying land or not complying with regulations on land policies.
According to Lawyer Dang Van Cuong, in the process of urbanization, along with changes in land use planning and plans in localities, many localities have allowed violations of construction order and land use violations, such as illegal construction on agricultural land.
However, the change of land use purpose must be consistent with the land use plan and must fully implement administrative procedures according to the regulations of the competent authority.
In cases where households, individuals or organizations arbitrarily change land use purposes, that is, use land for wrong purposes, violate construction order, depending on the nature and severity of the violation, the violator may be administratively sanctioned or prosecuted for criminal liability for the crime of violating regulations on land use.
Pond and lake land, rice land that people arbitrarily fill to build houses, even subdivide, sell plots and use as residential land are quite common violations in large cities like Hanoi, especially in suburban areas. Cases of encroachment, illegal land use or land use for wrong purposes may be administratively sanctioned or forced dismantled," Lawyer Dang Van Cuong said.
Also according to the Head of Chinh Phap Law Office, for the above-mentioned violations, the involvement of functional agencies is needed through inspection and examination, making violation records and issuing sanctioning decisions.
In case the violator intentionally does not comply with the penalty decision, coercive measures will be applied according to regulations. Notably, if they have been fined or coerced but continue to re-offend, criminal sanctions may be considered.
