A resident in Ca Mau said that he received the transfer of land use rights from another person in February 1993. This land plot had previously been granted a Certificate of Land Use Rights.
However, up to now, he has only carried out procedures to register for name transfer, issue a Certificate of Land Use Rights (red book) and wonders whether he will be penalized for not registering land changes or not.
Answering this content, the Ministry of Agriculture and Environment said that Clause 1, Article 133 of the 2024 Land Law stipulates that land registration is mandatory for land users and people who are allocated land to manage land.
According to the provisions of Clause 3, Article 16 of Decree No. 123/2024/ND-CP, cases of transferring land use rights without registering changes as prescribed will be subject to administrative penalties. However, this decree only applies to violations occurring after the decree takes effect.
The Ministry of Agriculture and Environment cited the provisions of Clause 1, Article 4 of the Law on Handling of Administrative Violations in 2012, amended and supplemented in 2020, stating clearly: Administrative violations are only sanctioned when there are violations prescribed by law and occur within the statute of limitations for sanctioning.
At the same time, Clause 1, Article 6 of the Law on Handling of Administrative Violations stipulates that the statute of limitations for sanctioning administrative violations in the field of land is 2 years.
Thus, in case of receiving the transfer of land use rights from February 1993 but only now registering changes, it is necessary to specifically consider the time of violation, legal regulations applied at that time as well as the statute of limitations for sanctioning to determine whether or not to be sanctioned.
The Ministry of Agriculture and Environment said that the consideration of penalties is under the authority of competent authorities in localities based on specific dossiers and documents of each case.
