Mr. H.V.T in Hai Phong reflected that his family has an additional land area due to encroachment. This area has been measured, drawn, and the boundary and boundary markers have been confirmed on May 6, 2008 and shown on the 2010 map.
The area increased due to encroachment has been 15 years now, there have been no violation records and administrative handling by competent authorities, not included in the planning of works and protection corridors of local works... in accordance with the local plan.
Mr. T asked, in case his family member requests a red book, will they be handled for violations of encroachment or land appropriation according to the provisions of Article 13 of Decree No. 123/2024/ND-CP and then be allowed to prepare a dossier according to administrative procedures for issuing a red book?
The Ministry of Agriculture and Environment answers this question as follows:
Clauses 9 and 31 of Article 3 of the 2024 Land Law have regulations on land encroachment and occupation and Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government specifically regulates land occupation acts.
At point b, clause 2, Article 3 of Decree No. 123/2024/ND-CP stipulating penalties for administrative violations in the field of land, it is stipulated that the act of occupying land is an ongoing act, so the time to calculate the statute of limitations for penalties is the time when the person with the authority to perform official duties discovers the violation.
Based on the above regulations, in cases where the area used from May 6, 2008 is determined to be encroachment, but when citizens apply for a land use right certificate and the state agency discovers the act of encroachment and occupation of land, they are still administratively sanctioned for the act of occupation of land according to Article 13 of Decree No. 123/2024/ND-CP regulating administrative sanctions in the field of land and land before issuing a certificate.
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