Enforcement and demolition of violating works
Recently, illegal construction on agricultural land has been a "hot" issue in Hanoi, causing public outrage. Communes and wards are currently drastically enforcing and handling violations, requesting land return to its correct functions.
Recently, Thanh Oai Commune People's Committee announced the organization of coercion and demolition of 10 cases of construction on public land and agricultural land in the commune, specifically in the areas of: Thanh Mai (formerly) 5 cases, Phuong Trung (formerly) 5 cases.
The People's Committee of Hat Mon commune also implemented coercive measures to force the implementation of measures to remedy the consequences of 5 violations in the field of land. The coercive location is at the location of the violating land plot in Dong Mieu, Doc Cai, Bai Gia areas belonging to Tao 1 village, Tao 2 village, Tao 3 village.
In Hung Dao commune, functional forces organized land recovery coercion for cases of land law violations, in order to serve the site clearance work of the Tan Hoa Craft Village Industrial Cluster project. The coercion plan involves 78 individual households with 90 plots and 54,431.4m2 of land belonging to villages 7, 8, 10, 11 and 12. Among them, there are many cases of agricultural land recovery and coercion of violating works on land.
Dong Anh Commune People's Committee has also organized the enforcement of prominent cases of occupation of public land, agricultural land, construction of illegal works, and violations of construction order in Phan Xa Village Resettlement Area.
Criminal sanctions may be applied
Talking to Lao Dong Newspaper, Dr. Dang Van Cuong - Head of the Legal Consulting Office, Hanoi Bar Association, said that according to the provisions of land law, land used must be for the right purpose and be effective. Land law strictly prohibits acts of using land for wrong purposes, destroying land or not complying with regulations on land policies.
In the process of urbanization, the process of changing planning, land use plans, in localities, agricultural land can be converted into non-agricultural land, service business land or residential land. The change of land use purpose must be according to plan, according to planning and must have administrative procedures from competent authorities.
According to Lawyer Cuong, if households and individuals want to use agricultural land for residential land or non-agricultural business land, they must be in accordance with the plan. In addition, they must carry out procedures to apply for land use purpose conversion and pay land use fees.
In cases where households, individuals, and organizations arbitrarily change land use purposes (use of land for wrong purposes), depending on the extent of the violation, the violator may be administratively fined or be prosecuted for criminal liability for the crime of land use violations.
Rice-growing ponds and lakes that people arbitrarily level to build houses, even subdivide plots to sell and make residential land, those are quite common violations in large cities like Hanoi, especially suburban areas. Cases of illegal encroachment and use or land use for wrong purposes may be administratively sanctioned or forced dismantled.
And for those violations, we believe that it is necessary to have inspection and examination and make violation records, issue sanctioning decisions, if intentionally not complying, they will be enforced. And if they are already fined, have been enforced, and intentionally violate again, criminal sanctions may be applied" - Head of the Legal Lawyers Office said.
