The Ministry of Natural Resources and Environment met to finalize a decree on administrative sanctions for land-related violations. The meeting was chaired by Do Duc Duy, a Central Party member and Minister of the Ministry.
Minister Do Duc Duy chairs the meeting to finalize the decree on administrative sanctions for land-related violations
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Some shortcomings remain
Reporting at the meeting, Doan Thi Thanh My, head of the Land Department, informed that the 2024 Land Law contains many new and breakthrough contents, including regulations to strengthen inspection, supervision, and handling of land-related violations.
The 2024 Land Law and its guiding decrees have supplemented many provisions requiring organizations and individuals to manage and use land efficiently and economically. However, some violations, penalties, and forms of punishment are no longer suitable and need to be amended to match the current situation and ensure feasibility.
Ms. My stated that, regarding administrative sanctions for land-related violations, although certain achievements have been made in preventing violations, some shortcomings remain. These include mild penalties that lack deterrence, a complex history of land management and utilization, and past violations that went undetected or unpunished, especially those that occurred before October 15, 1993 (over 30 years ago), which are challenging to identify due to expired statute of limitations. Additionally, some remedial measures are impractical, and certain concepts, terms, and specific violations in the previous Decree No. 91/2019/ND-CP were unclear, making it difficult to identify and address land-related violations.
Retaining 4 chapters and reducing 8 articles compared to Decree No. 91/2019/ND-CP
Notably, the 2024 Land Law introduces several innovations compared to the 2013 version. It allows for the issuance of certificates for cases without proper paperwork but with stable land use before July 1, 2014, including handwritten sales contracts. Additionally, using land for purposes other than those specified is no longer prohibited and is permitted for multiple purposes in specific cases (Article 218 of the 2024 Land Law). The conditions for transferring agricultural land use rights have also been expanded in terms of subjects and limits.
Accordingly, the draft decree on administrative sanctions for land-related violations comprises 4 chapters and 36 articles. It retains the 4 chapters while reducing 8 articles compared to Decree No. 91/2019/ND-CP. The issuance of this decree is necessary and responds to the practical needs of the current stage.
During the meeting, Minister Do Duc Duy, Deputy Minister Nguyen Thi Phuong Hoa, and leaders of specialized agencies discussed, analyzed, and refined the contents of the decree, including violations, penalties, remedial measures, sanctioning authority, and implementing provisions.
Promptly address violations to prevent the legalization of land-related infractions
The Minister requested that the drafting agency closely follow the regulations and provide detailed descriptions of violations, sanctions, and remedial measures that align with the 2024 Land Law, the Law on Handling of Administrative Violations, and the Law on Inspection.
It is essential to ensure consistency, harmony, and unity between land laws and other relevant legal provisions, maintain the stability of the land law system, and amend regulations that are impractical.
Additionally, Minister Do Duc Duy suggested that the drafting agency propose amendments to the sanctioning levels and authorities. This should be done with a proactive mindset to prevent land-related violations and promptly address infractions to prevent the legalization of such violations. He also emphasized the importance of decentralization and establishing control mechanisms for agencies and authorized individuals involved in land management.
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