Voters proposed considering amending Decree No. 123/2024/ND-CP dated October 4, 2024, stipulating penalties for administrative violations in the field of land, in the direction of exempting or reducing penalties for cases of building houses on agricultural land before July 1, 2014, in order to ensure rationality, in accordance with the reality of life and conditions of people.
Voters in this province also proposed to supplement regulations and adjust the level of administrative penalties in the field of land and construction in a humane, flexible, and practical direction, with appropriate handling solutions for cases where people have built, used, and built stable and long-term houses on agricultural land.
Up to now, after legal documents on land were issued by the National Assembly and the Government to remove difficulties and obstacles in the process of implementing the 2024 Land Law, the Ministry of Agriculture and Environment continues to inform the Committee for Petitions and Supervision of the National Assembly and the National Assembly Delegation of Dong Thap province as follows:
According to the provisions of the 2024 Land Law, the principle of land use is "correct land use purpose" (Article 5). People who violate the law on land shall be disciplined, administratively sanctioned or prosecuted for criminal liability depending on the nature and severity of the violation, if causing damage, they must compensate according to the provisions of law (Article 239).
Therefore, the case of building houses on agricultural land without applying for permission to change land use purposes is a violation of the provisions of point b, clause 1, Article 121 of the 2024 Land Law and is considered for administrative violation handling according to regulations for one of the acts specified in articles 8, 9, 10 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating administrative sanctions for acts of using land for improper purposes.
To change land use purposes without being penalized, land users shall carry out procedures for changing land use purposes according to the provisions of Articles 121, 122, 156 of the 2024 Land Law, Section I, Part III, Appendix I of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 02 levels, decentralization of authority, and decentralization in the field of land.
Currently, the Government has issued Decree No. 281/2026/ND-CP dated July 13, 2026, amending and supplementing a number of articles of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land, in which Article 6 (amended and supplemented Clause 1, Article 30 of Decree No. 123/2024/ND-CP) stipulates: The Chairman of the Commune-level People's Committee has the right to fine up to 250,000 VND;
Clauses 1 and 2 of Article 7 (amended and supplemented by Clause 1, Article 31 of Decree No. 123/2024/ND-CP) stipulate: Heads of specialized inspection teams on land established by the Director of the Department of Land Administration, Heads of inspection teams established by Heads of organizations under the Ministry of Agriculture and Environment assigned to perform inspection tasks within the state management scope of the Ministry, Directors of Departments of Agriculture and Environment have the right to impose fines of up to 400,000,000 VND.
