Land is an important regional resource of the country. Violations on land management have violated the State’s land management and use regime, causing serious consequences to land resources. So about the matter “Handling violations in land management in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015 amended and supplemented in 2017
- Land Law 2013
What is land management?
Before understanding what land management is, we need to understand the concept of land. Land is a landscape formed after geomorphological and geological processes.
From the point of view of jurists, land is the space that stretches endlessly from the center of the earth to infinity in the sky. Concerning land is a series of different interests that determine what can be done with it.
Land management is the process of using and developing land in rural or urban areas. Activities using land resources to serve many different purposes.
If the land management process is not good and inefficient, it will be easy to use it for the wrong purpose or be over-exploited, seriously affecting the environment. It even degrades productivity and disrupts the natural equilibrium.
Set up a land management operation point in Vietnam
Special properties of land resources
Land is a valuable asset and a very special commodity. Most complaints and lawsuits are difficult to handle; The number of cadres doing wrong and being disciplined is also related to the land issue. The negatives and corruption that also happen to officials and people also have a lot to do with land.
Soil cannot produce more on its own because it is a natural resource. People need to have appropriate exploitation and use solutions to avoid affecting the “health” of the land.
Land valuation problem
The Government and the Ministry of Natural Resources have previously issued many regulations, policies and principles for land assessment and valuation. From there, there is a suitable compensation plan. Particularly for difficult cases of land valuation, it will be split between two times before and after the project.
Currently, most localities are facing difficulties in determining land prices in the border areas between urban and rural areas, between inner cities and suburbs.
Difficulties in land management in Vietnam today
Vietnam’s real estate market is heating up with thousands of projects planned every year. However, land management activities in our country still have many problems for individuals and businesses. Causing obstacles in the process of buying, selling, using and transferring land.
These difficulties are reflected in the limitations of the management team:
• Locality in land management
• Land management activities are not well ventilated
• Lack of determination in handling violations of land law.
What is a violation in land management?
Land is owned by the entire people, represented by the State as the owner and uniformly managed. Therefore, the subject of violations in land management are mainly those with positions and powers related to land management.
Accordingly, based on the tasks and powers of the land management agencies, it can be seen that violations in land management include:
• Allocating land against the prescribed authority;
• Illegal land acquisition: Recovering land that has been allocated to people to rent, but before the lease term has expired, it has been recovered without complying with the provisions of the Land Law;…
• Illegal land lease: Leasing land with the wrong object, purpose…
• Allowing illegal transfer of land use rights: Allowing illegal transfer of non-agricultural land which is not residential land to residential land…
Handling violations in land management in Vietnam
Handling of violations in land management is the crime of violating regulations on land management; Currently, it is regulated in Article 229 of the 2015 Penal Code. Accordingly, anyone who abuses or abuses his position and power to allocate, lease, withdraw, permit the transfer of the right to use, or permit the transfer of items. Illegal land use purposes that fall into one of the following cases may be criminally handled for the crime of violating regulations on land management:
• Paddy land with an area of 5,000 – under 30,000 m2;
• Land of protection forests, production forests and special-use forests with an area of 10,000 – less than 50,000 m2;
• Other agricultural land and non-agricultural land with an area of 10,000 – less than 40,000 m2;
• Land with a monetary value of land use rights from 500 million – under 02 billion for agricultural land or from 01 – under 05 billion for non-agricultural land;
• Has been disciplined for this behavior but still violates it.
There are 03 main penalty frames applied to this Crime as follows:
Frame 01
A non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years if the crime is committed in one of the cases mentioned above.
Frame 02
A prison term of between 02 – 07 years if the crime is committed in one of the following cases:
• Organizing;
• Land for rice cultivation with an area of 30,000 m2 – less than 70,000 m2;
• Land of special-use forests, protection forests and production forests with an area of between 50,000 m2 and less than 100,000 m2;
• Other agricultural land and non-agricultural land with an area from 40,000 m2 – less than 80,000 m2;
• Land with a cash value of land use rights ranging from VND 2 – under VND 07 billion for agricultural land or from VND 5 – under VND 15 billion for non-agricultural land;
• Causing adverse effects on social security, order and safety.
Frame 03
A prison term of between 05 – 12 years if the crime is committed in one of the following cases:
• Paddy land with an area of 70,000 m2 or more; land of special-use forests, protection forests and production forests with an area of 100,000 m2 or more; other agricultural land and non-agricultural land with an area of 80,000 m2 or more;
• Land with a monetary value of land use rights of VND 07 billion or more for agricultural land or VND 15 billion or more for non-agricultural land.
In addition, offenders may also be subject to an additional penalty of a fine of between VND 10 and 150 million, a ban from holding certain posts, practicing certain professions or doing certain jobs for one to five years.
What is land in violation of land law?
Pursuant to Article 22 of Decree 43/2014/ND-CP, it can be understood that the violated land is granted or considered for a Certificate (Red Book) as follows:
Violating land is land used by households or individuals that have violated the land law before July 1, 2014 as prescribed in Article 22 of Decree 43/2014/ND-CP, including the following cases:
• Land encroached on, occupying safety corridors of public works such as traffic works, irrigation works, etc., after the State has announced and planted landmarks on the protection corridors.
• Land encroached, occupied the roadside, roadbed; sidewalks after the State announced the building limits.
• Encroaching, occupying land used for construction of non-business works; office buildings and other public works.
• Encroached or occupied land has been allocated by the State without collection of use fees to the farm; State forestry farms, forest management boards, centers, camps, stations, agricultural and forestry companies.
• Encroaching, occupying unused land or arbitrarily changing the land use purpose in cases where permission must be obtained from a competent state agency without permission.
• Households and individuals are using agricultural land such as planting annual crops, perennial crops, etc., due to self-reclaiming.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Sequence of recovering encroached land in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
Violators in land management are special subjects, only those who have positions and powers related to land allocation, recovery, lease, permission to transfer use rights, permit change of use purpose. New land use can be the subject of this crime. If violations of regulations on land management have not been disciplined for violations of regulations on land management, they have not yet been held criminally responsible.
Offenders in land management may also:
A fine of between VND 10,000,000 and 150,000,000 shall be imposed;
Ban from holding certain posts, practicing certain professions or doing certain jobs from 01 to 05 years.
Offenders who commit violations in land management commit their acts intentionally, that is, they are well aware that their acts are in violation of the State’s regulations on land management, and wish for consequences to occur. happen or even though it is undesirable but let the consequences happen.
The offender’s motive is not a mandatory sign of criminality, but is primarily a self-interest or other personal motive.
Conclusion: So the above is Handling violations in land management in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
