Citizens send questions to the Ministry of Agriculture and Environment with the content:
Point b, Clause 2, Article 32 of Decree 123/2024/ND-CP stipulates the authority to make records of administrative violations, which states: "Head of the inspection team, members of the inspection team established by the Chief Inspector of the provincial level; civil servants working in land administration at the commune level; civil servants and public employees of agencies with land management functions at all levels who are on duty".
So please ask, are officials of the Branch of the Regional Land Registration Office subject to administrative violation records according to this regulation?
The Ministry of Agriculture and Environment has the following opinions:
- The act of "Not registering land" is regulated for sanctioning administrative violations in the field of land in Article 16 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government and In Clause 2, Article 32 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating the authority to make records of administrative violations in the field of land, there are regulations: "2. People with authority to make records of administrative violations include: a) People with authority to sanction administrative violations in the field of land specified in Articles 30 and 31 of this Decree; b) Heads of inspection teams, members of inspection teams established by the Chief Inspector of the provincial level, civil servants doing land administration work at the commune level; civil servants and public employees of agencies with land management functions at all levels who are performing official duties.
- Article 22 of the Land Law stipulates agencies with land management functions and civil servants doing land administration work at the commune level.
- Clause 1, Article 13 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates the position and function of the Land Registration Office, specifically: "The Land Registration Office is a land registration organization, a public non-business unit directly under a provincial-level land management agency...".
Based on the above-mentioned regulations, civil servants of the Land Registration Office who are on duty have the authority to make records of administrative violations in the field of land.
