According to Lao Dong, Clause 4, Article 10 of Decree No. 123/2024/ND-CP of the Government on administrative sanctions in the field of land stipulates remedial measures for the act of using agricultural land that is not rice-growing land, not forestry land to non-agricultural land without permission from a competent State agency.
The Decree clearly stated that the remedial measure is forced to restore the original situation of the land before violating, except for the case specified in Clause 3, Article 139 of the 2024 Land Law.
Forced to return any illegal profits gained from committing the violation.
Clause 3, Article 139 of the 2024 Land Law stipulates that in case a household or individual is using land due to encroachment or occupation of land that does not fall under the cases specified in Clauses 1 and 2 of this Article and in case of using land for the wrong purpose that has been allocated land, leased land, or recognized by the State for land use rights, the following shall be handled:
In case the person is using the land stably, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, he/she will be considered for a Certificate of land use rights, ownership of assets attached to the land and must fulfill financial obligations according to the provisions of law.
In cases not specified in Point a of this Clause, the person using the land is allowed to temporarily use the land until the State reclaims the land, but must maintain the current status of land use and must declare and register the land according to regulations.
Based on the above provisions, remedial measures for cases of using agricultural land that is not rice-growing land or non-forestry land to non-agricultural land that has not been permitted by a competent State agency before July 1, 2014 shall not apply remedial measures for forces to restore the original state of the land but must apply measures to force the payment of illegal profits obtained from the violation.
In case of violation after July 1, 2014, it is necessary to apply remedial measures to force the restoration of the original state of the land and force the return of illegal profits obtained from the violation.
