According to Lawyer Tran Tuan Anh - Director of Bright Lega Law Firm, one of the most basic and key principles of land use in the Land Law through the periods is the principle: "Right land use purpose".
"This is also specified and reiterated in Clause 1, Article 5 of the 2024 Land Law. Using land for the right purpose is also a common obligation of all land users stipulated in Clause 1, Article 31 of the 2024 Land Law" - Lawyer Tran Tuan Anh said.
Accordingly, using land for the wrong purpose such as building houses on agricultural land is contrary to the provisions of law, this behavior can be handled with administrative sanctions as prescribed in Decree No. 123/2024/ND-CP stipulating sanctions for administrative violations in the land sector.
Also in this Decree, in addition to stipulating administrative sanctions, it also stipulates that the remedial measure is: "Forced restoration of the original state of the land before the violation, except for the case specified in Clause 3, Article 139 of the 2024 Land Law".
In addition to the 2024 Land Law, the Housing Law also stipulates cases where houses built on agricultural land must be demolished, specifically at Point d, Clause 1, Article 136, stipulating cases where houses must be demolished: "Houses built in areas where construction is prohibited or built on land other than residential land according to approved planning".
Violating regulations on land use, including using land for the wrong purpose, is an act strictly prohibited by law. If this behavior is repeated, criminal liability may be prosecuted according to the provisions of Article 128 of the 2015 Penal Code for " the crime of violating regulations on land use".
"It can be affirmed that in addition to being fined, it is necessary to remedy the consequences of restoring the land to its original state and dismantling the houses built on the land" - Lawyer Tuan Anh said.
