On the Government Portal, Mr. D. T. T reflected that his family had a land plot bought and sold with handwritten papers from 1989. In 2011, the family built a house on that land plot.
Now Mr. T declares to register for the first red book. When commune officials inspected and verified, they discovered that the house was being built, so they proceeded to make a record of administrative violations against the above house.
Through planning inspection, Mr. T's house was built in the correct residential land planning location, in accordance with the land use planning map to 2030 of the old district, although his land plot has not been granted a red book.
Mr. T asked, is it right or wrong for commune officials to handle violations of his house according to Clause 2, Article 10 of Decree No. 123/2024/ND-CP?
The Ministry of Agriculture and Environment answers this question as follows:
The determination of the act of using land for improper purposes is based on the purpose of land use shown on the land use right certificate, land allocation decision, land lease and land use purpose at the time of consideration to determine the violation.
Sanctions for administrative violations in the field of land for acts of using land for improper purposes are only imposed on land plots with decisions on land allocation, land lease, and recognition of land use rights as prescribed in Clause 3, Article 139 of the 2024 Land Law.
The Ministry of Agriculture and Environment requests you to study the above regulations and contact the commune-level People's Committee where the land is located to be considered and issue a certificate of land use rights and ownership of assets attached to land for the first time according to regulations.
