Mr. V.N. T in Hanoi reflected that people lease public utility land from the commune, the term is until 2017. After the term expires, people do not return the land to the Commune People's Committee; The Commune People's Committee implements retroactive collection of land use fees until the end of 2021 but does not make land lease contracts 2017-2021.
By 2025, the Commune People's Committee will make a record of administrative violations for the act of occupying public land and apply remedial measures, the application time is 2021-2025.
Mr. V.N. T asked, has the statute of limitations for sanctioning the occupation of citizens' land expired according to regulations? If not, why? Is the calculation of the time to apply remedial measures of the commune (2021-2025) correct, or must the time 2017-2025 be calculated?
The Ministry of Agriculture and Environment answers this question as follows:
According to the provisions of Article 3 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government on sanctioning administrative violations in the field of land, the act of land occupation is an ongoing act; the statute of limitations for sanctioning administrative violations is 2 years from the date of detection of the act.
According to Article 6 of Decree No. 123/2024/ND-CP, the amount of illegal profit is determined according to the provisions of point b, clause 2.
The number of years of violation is determined from the time of land encroachment or land occupation to the time of making an administrative violation record.
It is requested that you study the above regulations to know and apply them.
