On the Ministry of Agriculture and Environment's Information Portal, citizens in Dong Nai wondered:
Land law in 2024 has stipulated 2 types of violations: (1) violations of land management (main subjects are agencies and competent persons in land management agencies) and (2) violations of land use (subjects are land users). For violations of land law by land users, it is specifically stipulated in the Articles of the Land Law, such as: Clauses 1, 7, 8, 9 and Clause 10, Article 11 stipulating prohibited acts in the field of land; Clause 1, Article 121 stipulating cases of changing land use purposes must be permitted by competent state agencies... The above-mentioned violations of land users that must be handled have been regulated by Decree 123/2024/ND-CP dated October 4, 2024 of the Government on sanctioning administrative violations in the field of land in Articles 8, 9, 10, 11 and Article 12 stipulating acts of using land for improper purposes.
At points a, g, clause 1, Article 17, Decree 151/2025/ND-CP stipulates the responsibilities of agencies with land management functions at the commune level:
Agencies with commune-level land management functions are responsible for implementing state management of the contents specified in the Land Law as follows:
a) Assisting the People's Committees of communes in managing land in localities as stipulated in Clause 5, Article 22 of the Land Law;
g) Inspect, urge, and guide the performance of official duties by cadres and civil servants; resolve promptly and in accordance with the law, within their authority or propose to competent authorities to resolve complaints, denunciations and recommendations of individuals and organizations and promptly handle violations of the law on land management and use in localities within their authority; detect and propose timely handling of violations of the law on land when performing official duties specified in Clauses 2 and 3, Article 241 of the Land Law.
At point b, clause 1, clause 3, Article 241, the 2024 Land Law stipulates the responsibility in detecting, preventing and handling violations of the law on land management and use:
b) The Chairman of the Commune-level People's Committee is responsible for regularly inspecting, detecting, preventing and promptly handling acts of not registering land; encroaching on land, occupying land, destroying land; using land for improper purposes; transferring and receiving land use rights illegally and other violations of land law by land users.
However, in Official Dispatch No. 2914/QLĐĐ dated November 18, 2025 of the Department of Land Administration, it is guided that it is only for cases where civil servants of agencies with land management functions at all levels who are on duty are allowed to make records of administrative violations for administrative violations of "not registering land" according to Article 16, Decree 123/2024/ND-CP of the Government.
Thus, according to the citation above, are civil servants of the Land Registration Office allowed to make records of administrative violations instead of agencies with land management functions at the commune level (being civil servants for administrative violations in Articles 8, 9, 10, 11 and Article 12, Decree 123/2024/ND-CP of the Government) because in Clause 1, Clause 2, Article 13, Decree No. 102/2024/ND-CP dated July 30, 2024, regulations on the position, functions and tasks of the Land Registration Office do not stipulate the detection, prevention and handling of administrative violations related to land use for improper purposes under the tasks of the Land Registration Office.
Because of the above grounds, I request the Department of Land Administration to study and answer to ensure the application of a unified understanding.
After research, the Ministry of Agriculture and Environment has the following opinions:
According to the provisions of Clause 4, Article 22 of the 2024 Land Law and Clause 1, Article 13 of Decree No. 102/2024/ND-CP, the Land Registration Office is an agency directly under the agency with land management functions.
According to the provisions of point b, clause 2, Article 32 of Decree No. 123/2024/ND-CP of the Government stipulating penalties for administrative violations in the field of land, civil servants and public employees of agencies with land management functions at all levels who are performing official duties have the authority to make records of administrative violations.
Based on the above regulations, civil servants of the Land Registration Office who are on duty have the authority to make records of administrative violations in the field of land.
