Supplementing the regulations on administrative fines for the following acts: constructing works before completing land handover procedures; encroaching on and occupying unused land…
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Deputy Prime Minister Tran Hong Ha concluded that the 2024 Land Law will take effect from August 1, 2024. The decrees providing details on the implementation of the Land Law have been issued, necessitating the early finalization of the decree on administrative fines in the field of land to ensure consistency and harmony in the system of land laws and meet societal demands in the current period. The Deputy Prime Minister applauded the contributions of ministries, localities, and agencies, which provided specific feedback on violations, fines, supplementary penalties, remedial measures, and the responsibilities of relevant agencies and individuals through their practical experiences, helping to identify shortcomings and improve the draft decree.
To further refine the draft decree, the Ministry of Natural Resources and Environment will take the lead, coordinating with the Ministry of Justice and other relevant ministries and agencies to review the feedback received during the meeting and revise the draft decree. They will ensure its consistency with the Constitution and laws and its alignment with the principles of unity and consistency with the provisions of the Land Law, the Law on Handling of Administrative Violations, the Law on Inspection, and the specialized laws.
It is necessary to review the provisions of the 2024 Land Law and its implementing decrees to comprehensively cover acts and subjects, such as violations in the conversion of crop and livestock structures on paddy land, constructing works before completing land handover procedures, and encroaching on and occupying unused land. A review should also be conducted with the decree on administrative fines in the field of real estate business to avoid overlap and ensure that no violations are missed. Clarifying certain concepts will enhance understanding and facilitate implementation.
The decree should clearly define the nature and characteristics of violations and violators, aligning with reality and making it easier to monitor, detect, and quantify in practice and supervision. Strong deterrents must be in place to prevent violations and promote decentralization and delegation of authority, clearly defining the responsibilities of each level and sector. It should also establish control mechanisms over the power of agencies and authorized individuals in land management, particularly enhancing the responsibility of the commune level (the direct land management level) in detecting, handling, and reporting violations to competent authorities for handling.
Regarding the determination of illegal profits, there should be provisions to ensure feasibility and alignment with the Land Law (Articles 171 and 172, among others) and local realities. There should also be regulations on handling illegal profits in cases where multiple organizations or individuals violate and benefit from the same violation.
Concerning constitutionality and legality in land revocation regulations, the Ministry of Natural Resources and Environment should review the provisions of the 2024 Land Law on cases of land revocation due to violations, authority, and responsibilities that have been stipulated by law. Based on this, they should coordinate with the Ministry of Justice to report to the Government for consideration and decision.
For acts with historical elements that have not been handled, such as not handling cases of households and individuals using land before October 15, 1993, where there was no violation handling document from state agencies before the 2024 Land Law took effect (Article 3, Clause 4 of the draft decree), the Ministry of Natural Resources and Environment should review the legal provisions of each period, clarifying their consistency with the Law on Handling Administrative Violations to provide appropriate regulations in the decree that match the nature of the acts.
Regarding the handling of a person who violates the same act on multiple plots of land within the same commune-level administrative boundary or within the same project, the Ministry of Natural Resources and Environment will take the lead in coordinating with the Ministry of Justice, based on the principles stipulated in the Law on Handling Administrative Violations, to provide appropriate regulations that match the nature, scale, and severity of the violations. This will ensure deterrence and prevention, meeting the requirements of state management at the local level and complying with the law.
The decree should outline principles, criteria, and cases for restoring the original state, including regulations on the responsibility to restore the original state in cases where multiple organizations or individuals violate and benefit from the same violation. It should also entrust the People’s Committees of provincial levels with issuing specific regulations on restoring the original state to ensure feasibility and alignment with local realities.
Regarding the supplementary penalty of “revoking the right to use a license for a certain period,” it should be adjusted so that if the remaining validity period of the license is shorter than the penalty period, the revocation period will be equal to the remaining validity period. The license can only be re-granted after the revocation period, in accordance with the law, ensuring consistency with the draft decree amending and supplementing a number of articles of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles and measures for implementing the Law on Handling Administrative Violations, which is currently being submitted to the Government.
Improve the provisions on responsibilities and expenses for measuring the area of land violations in cases where there is no data on the land file of the land plot to ensure feasibility and alignment with reality.
Supplementing the authority of other agencies, such as the inspection agencies of the defense, public security, and agriculture sectors, to impose administrative fines
Deputy Prime Minister Tran Hong Ha assigned the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Agriculture and Rural Development to coordinate with the Ministry of Natural Resources and Environment to review and supplement the authority to establish records and impose administrative fines by other agencies, such as the inspection agencies of the defense, public security, and agriculture sectors, in accordance with the authority stipulated in the Law on Handling Administrative Violations.
The People’s Committees of provinces and centrally-run cities will contribute practical feedback to the Ministry of Natural Resources and Environment for the refinement of the draft decree. The Ministry of Natural Resources and Environment will then study, synthesize, and report to the Deputy Prime Minister before September 20, 2024.
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