A resident reflected on problems related to the issuance of a Certificate of Land Use Rights for the family's land plot being used. This person said that this land plot previously had land law violations from the old owner. Therefore, this person wondered whether the transferee would have to take measures to remedy the consequences of the violation afterwards.
Answering this question, the Ministry of Agriculture and Environment said that the related contents are specified in Clause 5, Article 5 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government on sanctioning administrative violations in the field of land.
According to regulations, if the violation occurred before the land use right was transferred, the land use right transferee will be subject to administrative sanctions and must implement remedial measures caused by the violation.
However, in some special cases, remedy of consequences may be carried out by the transferee.
If the transferring party is a deceased individual without an heir, who has moved to another place or whose address cannot be identified, then the land use right transferee will have to take measures to remedy the consequences of the previous violation.
Functional agencies said that the handling of land violations needs to be based on current legal regulations and the specific status of each land plot. People should contact local land management agencies for detailed guidance in the process of resolving dossiers related to land use rights.
