Citizens sent questions to the Ministry of Agriculture and Environment asking about the case of Mr. Do Van B's household illegally constructing on land auctioned for lease by the People's Committee at the commune level. The incident occurred before July 1, 2014. So must Mr. Do Van B's family punish by forcing the restoration of the land to its original state before the violation? Or can it be temporarily used until the State reclaims the land, but must keep the current status of land use and must declare and register land according to the provisions of Point b, Clause 3, Article 139 of the 2024 Land Law?
Regarding this content, the Ministry of Agriculture and Environment has the following opinion: According to the content of the citizen's reflection, it is not clear what type of land was previously leased by the People's Committee for use, for how many years; illegal construction for use. Therefore, the Ministry of Agriculture and Environment has no basis to answer him specifically.
In case of administrative violations for the act of using land for the wrong purpose, it is stipulated from Articles 8 to 12 of Decree 123/2024/ND-CP dated October 4, 2024 of the Government regulating administrative sanctions in the field of land with regulations on fines and remedial measures is "Forced restoration of the original state of the land before the violation, except for the case specified in Clause 3, Article 139 of the Land Law".
In case of violation before July 1, 2014 as prescribed in Clause 3, Article 139 of the Land Law, administrative violations will only be subject to a monetary penalty and no measures will be taken to force the restoration of the original state of the land before the violation.
Clause 3, Article 139 of the Land Law stipulates as follows:
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 purposes other than those for which the State has allocated land, leased land, or recognized land use rights, the following shall be handled:
a) In case the person is using 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 shall be considered for a Certificate of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law;
b) 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.
