On April 29, the Hanoi People's Council will hold a thematic session (52nd session) to review and decide on many important contents according to its authority.
In particular, the City People's Council will consider the content related to the Regulation of fines for administrative violations in the field of land in Hanoi (implementing Clause 1, Article 33 of the Capital Law)
According to the report of the Hanoi People's Committee, the regulation of raising the fine for administrative violations in the field of land across the city in order to prevent new violations arising in the current situation, when many localities have rapid urbanization speed, rapid real estate prices make land violations more complicated, especially localities implementing urban investment and construction development projects. While overcoming the consequences of land violations is difficult and many cases cannot be overcome.
The Hanoi People's Committee proposed that 71 administrative violations of land be punished. The fine for administrative violations prescribed in this Resolution is twice the fine for corresponding administrative violations prescribed in Decree No. 123/2024/ND-CP in Hanoi, but not exceeding the fine prescribed in Article 24 of the Law on Handling of Administrative Violations.
Organizations that violate will be fined twice the fine applied to individuals.
In this list of 71 acts, there are many violations related to agricultural land:
- The act of converting rice-growing land to other types of land in the agricultural land group (Clause 1, Article 8).
- The act of converting rice-growing land to non-agricultural land (not residential land) within the administrative boundaries of a commune (Clause 2, Article 8).
- The act of converting rice-growing land to residential land within the administrative boundaries of a commune (Clause 3, Article 8).
- The act of converting rice-growing land to non-agricultural land within the administrative boundaries of a ward or town shall be subject to a penalty of 02 times the penalty level corresponding to the provisions of Clause 2 and Clause 3, Article 8 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government (Clause 4, Article 8).
- The act of converting special-use forest land, protective forest land, and production forest land to other types of land in the agricultural land group (Clause 1, Article 9).
- The act of converting agricultural land that is not rice-growing land or non-forestry land to non-agricultural land (not residential land) within the administrative boundaries of a commune (Clause 1, Article 10).
- The act of converting agricultural land that is not rice-growing land or non-forestry land to residential land within the administrative boundaries of a commune (Clause 2, Article 10).
- The act of converting agricultural land that is not rice-growing land or non-forestry land to non-agricultural land within the administrative boundaries of a ward or town shall be subject to a penalty of 02 times the penalty level corresponding to the provisions of Clause 1 and Clause 2, Article 10 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government (Clause 3, Article 10).
- The act of encroaching or occupying agricultural land (not rice-growing land, special-use forest land, protective forest land, production forest land) is not subject to the provisions of Clause 1 of this Article but is within the administrative boundaries of the commune (Clause 2, Article 13,
- The act of encroaching or occupying agricultural land that is rice-growing land, special-use forest land, protective forest land, or production forest land not falling under the provisions of Clause 1 of this Article but within the administrative boundaries of the commune (Clause 3, Article 13, etc.).
- The act of converting agricultural land use rights without meeting one of the conditions prescribed in Clause 1, Article 45 of the Land Law (Point a, Clause 1, Article 17).
- The behavior of an economic organization receiving a transfer of agricultural land use rights without a land use plan approved by the People's Committee at the district level as prescribed in Clause 6, Article 45 of the Land Law (Clause 1, Article 19)...
