Citizens send questions to the Ministry of Agriculture and Environment as follows:
My family uses the land plot that my ancestors left behind from 1980, according to map 299 showing residential land and pond land; has fully fulfilled tax obligations but has not yet been granted a Certificate of land use rights. On residential land, the family built a house before 1991; in 2013 built another house on about 1/2 of the pond land and residential land area. Since then, no records or penalties have been made; in 2021, the Commune People's Committee confirmed the existence of the project.
Now, when applying for the first Certificate of Land Use Rights, please ask: Is my family penalized for using land for wrong purposes and is it forced to dismantle works on pond land? In case of being handled, what articles and clauses of Decree 123/2024/ND-CP are applied?
Answering this content, the Ministry of Agriculture and Environment said:
Clause 4, Article 3 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulates penalties for administrative violations in the field of land: "Households and individuals using land before October 15, 1993 without a written violation handling document from a competent state agency before the 2024 Land Law takes effect shall not be handled according to the provisions of this Decree".
Regarding the use of land for improper purposes: The penalty for administrative violations in the field of land for improper land use is only imposed on land plots with land allocation, land lease, and land use right recognition decisions. Accordingly, land plots that have not been granted land use right certificates shall not be subject to administrative penalties for improper land use.
The Ministry of Agriculture and Environment responds and guides citizens to contact the commune-level People's Committee where the land is located to be considered and issue Certificates of land use rights and ownership of assets attached to land according to regulations.
