Mr. H.V.T in Hai Phong requested functional agencies to answer some situations as follows:
In case households have increased land area due to encroachment before July 1, 2014, have been granted red books before July 1, 2025, have not had administrative violation records and have not been administratively sanctioned according to the provisions of Decree No. 123/2024/ND-CP, and households have completed financial obligations according to the provisions of Clause 3, Article 139 of the 2024 Land Law and Decree No. 151/2025/ND-CP of the Government, will they be administratively sanctioned?
In case households have an increased area due to land encroachment, the encroached land area of the family is used stably, without disputes, in accordance with the local land use plan and has been certified by the Commune People's Committee for boundaries and landmarks in May 2008 and shown on the 2010 map of the old commune now being a ward.
The land area increased due to encroachment has been determined by the People's Committees of communes and wards to be encroached upon before July 1, 2014. If the family does not make a dossier requesting the legalization of red book issuance due to encroachment, will they be administratively sanctioned before making a dossier requesting red book issuance, or will they only have to fulfill financial obligations according to the provisions of Article 139 of the 2024 Land Law and guiding documents for implementation?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
Having been granted a certificate of legal land, it is not handled according to Decree No. 123/2024/ND-CP dated January 4, 2024 of the Government stipulating penalties for administrative violations in the field of land.
The Ministry of Agriculture and Environment also said that, based on Clauses 9 and 31 of Article 3 of the 2024 Land Law, land encroachment and land occupation have been stipulated and Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government specifically regulates land occupation acts.
Point b, Clause 2, Article 3 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land and land stipulates that if the act of occupying land is an ongoing act, 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 case the area used by him from May 6, 2008 is determined to be encroachment, but at the time he applied for a certificate of land use rights, the state agency discovered the act of encroachment and occupation of land, he was still administratively sanctioned for the act of occupation of land according to Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating administrative sanctions in the field of land before issuing a certificate.
It's a bit of a bit of a bit of a bit of a bit of a bit.
