On the Government Portal, Mr. N.V.A in Khanh Hoa reflected that he reclaimed 1 agricultural land plot in 1998. He is currently completing procedures for the first red book.
The Commune People's Committee believes that Mr. A's house occupies land, according to the land register, it is land managed by the People's Committee and administrative violations in the field of land are sanctioned, the violation timeline is 1998.
According to his investigation, the statute of limitations for administrative violations in the field of land is 2 years. He asked, why does the Commune People's Committee take the penalty milestone as 1998, is that correct?
The Ministry of Agriculture and Environment answers this question as follows:
The content of Mr. N.V.A's question is that there is no specific dossier or document related to land use, therefore the Ministry of Agriculture and Environment informs you of the relevant legal regulations as follows:
The determination of the statute of limitations for administrative violations in the field of land is specified in Article 3 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating the sanctioning of administrative violations in the field of land:
Article 3. Time limit for handling administrative violations
1. The statute of limitations for administrative violations in the field of land is 02 years.
2. The time to calculate the statute of limitations for administrative violations is specified as follows:
a) For administrative violations as prescribed in Clause 3 of this Article that have ended, the time to calculate the statute of limitations for sanctions is the time of termination of the violation;
b) For administrative violations that do not fall into the cases specified in Clause 3 of this Article as acts being performed, the time to calculate the statute of limitations for sanctions is the time when the competent person performing official duties discovers the violation.
3. The time of termination of the violation is determined as follows:
a) For the acts specified in Articles 17, 18, 19, 20, 21, 22 and 23 of this Decree, the time of termination of the violation is the time when the parties involved have completed their obligations under the signed contract or transaction document;
b) For the acts specified in Articles 14, 24, 26 and 27 of this Decree, the time of termination of the violation is the time when the activities of that violation have been completed;
c) For the acts specified in Article 28 of this Decree, the time of termination of the violation is the time when the provision of inaccurate information, papers, and documents has been completed or the deadline as requested by the inspection and examination agency has expired without providing information, papers, and documents to organizations and individuals performing inspection, examination, and resolution of land disputes in accordance with the law.
4. Households and individuals using land before October 15, 1993 without a written handling of violations from a competent state agency before the 2024 Land Law takes effect will not be handled according to the provisions of this Decree".
The Ministry of Agriculture and Environment requests you to study the above regulations and contact the commune-level People's Committee where the land is located based on dossiers and land use processes to consider and handle violations in land management and use (if any) and land registration, consider issuing certificates of land use rights and ownership of assets attached to land for the first time (if conditions are met) according to current law.
