Responding to this issue, the Ministry of Agriculture and Environment said that in Clause 2, Article 13 of the 2024 Land Law, the State decides on land use purposes through forms such as land allocation, land lease, recognition of land use rights and permission to change land use purposes.
Therefore, in cases where households and individuals have been allocated land, leased land or recognized land use rights by the State but arbitrarily change the purpose of use before July 1, 2014, they can still be considered for granting a Land Use Rights Certificate according to Clause 3, Article 139 of the 2024 Land Law.
In case the land plot has not been granted a red book, if it fully meets the prescribed conditions, it will be considered for the issuance of a first-time Land Use Rights Certificate according to the provisions of Articles 137, 138, 139 and 140 of the 2024 Land Law.
The statute of limitations for administrative sanctions on land is stipulated in Article 3 of Decree No. 123 of 2024 of the Government regulating the sanction of administrative violations in the field of land.
Accordingly, the penalty period is 2 years, calculated from the time the violation occurred as follows:
For ended administrative violations (according to Clause 3 of this Article), the statute of limitations for handling shall be determined as the time the act ends.
For continuing administrative violations (not falling under Clause 3), the time of statuing the limitation period is the time when the competent person discovers the violation while performing official duties.
In addition, households and individuals using land before October 15, 1993, if they have not been handled for violations before the effective date of the 2024 Land Law, will not be handled according to the provisions of this Decree.
