📋 Tender Overview
Mr. Van Cuong (Quang Ninh) was allowed to liquidate assets (houses) on land for workers in 2002, but due to the wrong liquidation map, 12.8 m2 of the assets located on the land were cut off. In 2003, Mr. Cuong demolished the house to rebuild and has lived stably since then, with no disputes. In 2005, the government issued a Certificate of land use rights, with measurements. but did not see any notice of adjustment, and issued the status quo according to the wrong liquidation map. Now measuring again, the land has a larger balance of 12.8 m2. The government agreed to add this excess area but noted that it was encroached land and requested a penalty. Mr. Cuong asked, is such a penalty correct? And how much is the specific fine, according to which regulations? The Ministry of Agriculture and Environment responded to this issue as follows: The content of your recommendation is a specific issue related to records and papers stored locally, so the Ministry has no basis to answer specifically. The Ministry of Agriculture and Environment would like to answer in principle as follows: Clause 9 and Clause 31, Article 3 of the Land Law stipulates: 9. Land appropriation is the use of land managed by the State without permission. a competent state agency allows or uses the land of another legal land user without that persons permission.... 31. Land encroachment is the act of a land user moving a boundary marker or land plot boundary to expand the area of land used without permission from a competent state agency or without the permission of the legal user of that encroached land area. In Clause 1, Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulates: 1. Acts of land encroachment or land appropriation managed by State agencies and organizations, shown in cadastral records within the administrative boundaries of the commune or land allocation documents for management.... Determining whether or not there is a violation of land encroachment or appropriation requires you to base yourself on the above land law provisions and base on records and land use process to determine the act of land encroachment or appropriation. Land encroachment and land appropriation will be punished as a violation in the land field as prescribed in Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government. The Ministry of Agriculture and Environment requests that you study the above regulations and contact the Peoples Committee of the commune where the land is located for consideration and resolution according to regulations.Chinhphu.vnSee moreWhich level has the right to reclaim land? Accumulation of encroachment on traffic land? See moreHandling the situation of land appropriation along the Red River See moreEncroachment and land occupation will be fined up to 1 billion VND See moreAmend and supplement a number of regulations on sanctioning administrative violations in the field of land See moreLand in violation before 2014 has been transferred, can the recipient be legalized? See moreLand encroachment before transfer, how is the time of violation calculated?See moreLand Violations before 2014 can be considered for compensation. See more: How to calculate the statute of limitations for sanctioning land-related administrative violations. See more: If the old owner violated the land, does the new owner have to overcome the consequences?
