Citizens sent questions to the Ministry of Agriculture and Environment questioning: The family has used land for agricultural production purposes since before 1993, without land documents. In 2004, a cadastral map was drawn showing the type of agricultural land. In 2009, due to the impact of his family's old house on the project, all residential land and housing were reclaimed and resettlement land was allocated.
This citizen said that his family did not build a house on resettlement land but built a house on the above agricultural land. When building a house and living, the local government has not prevented or punished administrative violations.
Now that his family has requested to register and issue a land use right certificate, the cadastral officer replied that his family violated land law due to arbitrary change of land use purpose and his family had to pay a fine for land administrative violations before considering granting a land use right certificate.
Citizens ask whether this is true?
Responding to this question, the Ministry of Agriculture and Environment said that the consideration of granting a Certificate of land use rights and ownership of assets attached to land should be based on each specific case and local land management records to apply the policy. Therefore, the Ministry of Agriculture and Environment requests that citizens send a petition to the People's Committee of the commune where the land is located for consideration and resolution in accordance with the provisions of law.
The Ministry of Agriculture and Environment said that in the case of a land plot on the cadastral map in 2004, it was shown to be agricultural land, and in 2009, a quarter of a citizen's family built a house on this land plot, which was a case of using land for the wrong purpose and had to be handled for administrative violations before granting a Certificate of land use rights and ownership of assets attached to land according to the provisions of Article 139 of the 2024 Land Law and Article 10 of Decree No. 123/2024/ND-CP of the Government dated October 4, 2024, regulating administrative sanctions in the field of land.
Clause 2, Article 10 of Decree 123 stipulates: The act of converting agricultural land that is not rice-growing land or non-forestry land to residential land within the administrative boundaries of a commune shall have the following forms and levels of sanctions:
a) Fine from VND 10,000,000 to VND 20,000,000 for land area from less than 0.01 hectare;
b) Fine from VND 20,000,000 to VND 30,000,000 for land area from 0.01 hectares to less than 0.03 hectares;
c) Fine from VND 30,000,000 to VND 50,000,000 for land area from 0.03 hectares to less than 0.05 hectares;
d) Fine from VND 50,000,000 to VND 100,000,000 for land area from 0.05 hectares to less than 0.1 hectares;
d) Fine from VND 100,000,000 to VND 150,000,000 for land area from 0.1 hectare or more.
