The encroachment and occupation of public land for private use is a common problem nowadays. However, in fact, although these acts have been handled a lot, they still continue to occur, causing frustration among the people. In order to overcome the situation of land encroachment, the competent authorities need to strictly handle violations. So about the matter “Handling violations of construction on public land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 91/2019/ND-CP on sanctioning of administrative violations in the field of land
- Law on Handling of Administrative Violations 2012
What is public land?
According to the provisions of Point e, Clause 2, Article 10 of the 2013 Land Law, public land is prescribed as follows:
Land used for public purposes includes land for traffic (including airports, airfields, inland waterway ports, seaports, railway systems, road systems and other traffic works); benefits; land with historical-cultural relics, scenic spots; land for community activities, public amusement and entertainment areas; land for energy works; land for post and telecommunications works; land for markets; landfill land, waste treatment and other public works land.”
Accordingly, it can be understood that public land is land used for public purposes in accordance with the law. Public land is managed by the state, used only for public purposes such as roads, parks, sidewalks, rivers and streams, land for construction of state works, defense land, security land, cemeteries, and unclaimed land. land funds are established and managed in writing by the State. Public land is still owned by the entire people and not by any individual or organization, however, this is a specific type of land that is managed by the state and is only allowed to be used for the above purposes. Therefore, anyone is not allowed to do anything on that land unless there is a written permission or decision of the state.
Regulations on violations of construction on public land
Currently, violations of construction on public land are very common. People take advantage of the areas of land used for public purposes but have acts such as encroaching on land, occupying land for personal use. This is an extremely serious violation that not only distorts the purpose of land use but also affects the interests of the public, the interests of the people when that land is supposed to be used for common purposes the people are entitled to.
What is the act of encroaching on public land?
The act of encroachment on public land means the land user arbitrarily moves the boundary marker/land boundary to the public land area or arbitrarily uses public land without the permission of the state management agency in charge of land. . The act of encroaching on public land in particular and public land in general is quite common in both rural and urban areas.
Pursuant to Article 12 of the 2013 Land Law and Article 3 of Decree 91/2019/ND-CP, there are regulations to explain the act of encroaching and occupying land as follows:
1. Land encroachment means the move by a land user of the boundary marker or the boundary of a land parcel to expand the used land area without the permission of the State management agency in charge of land or without the lawful use of the land area. allowed area of encroached land.
2. Land occupation means the use of land in one of the following cases:
a) Arbitrarily using land without the permission of the state management agency in charge of land;
b) Arbitrarily using land under the lawful use right of another organization or individual without the permission of such organization or individual;
c) Using the land allocated or leased by the State, which has expired but is not extended by the State (except for households and individuals directly engaged in agricultural production using agricultural land). ;
d) Using land on the field without completing the procedures for land allocation or land lease as prescribed by law.
Based on the above regulations, the act of building on public transport (street) land is an act of occupying land for public use. This is a completely prohibited act and violates the law of the land.
According to the provisions of Clause 7, Article 166 of the Land Law 2013:
“Land users have the right to complain, denounce and initiate lawsuits about violations of their lawful land use rights and other violations of the land law.”
Therefore, when detecting violations of the land law, anyone has the right to complain and denounce these acts to the competent authorities to prevent and promptly handle such acts. violate. Thus, in your case, when detecting acts of encroachment on land in the common passage, you can make a complaint about the above acts at the commune-level People’s Committee for them to settle.
Handling violations of construction on public land in Vietnam
The act of encroaching on and occupying public land is a violation of the law on land and will be handled according to law provisions depending on the nature and extent of the act.
The sanction for encroachment on public land is specified in Clause 1, Clause 5, Clause 6, Article 14 of Decree 91/2019/ND-CP. As follows:
– In case of encroachment or occupation of unused land in rural areas, the form and level of sanction are as follows:
• A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for encroached land, occupying less than 0.05 hectares.
• A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for encroached land, occupying from 0.05 hectares to less than 0.1 hectares.
• A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed for the encroached land area, occupying from 0.1 ha to less than 0.5 ha.
• A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for encroached land, occupying from 0.5 ha to less than 1 hectare.
• A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed for encroached land, occupying from 1 hectare or more.
– In case of encroachment or occupation of unused land, agricultural land or non-agricultural land in urban areas, the fine level shall be equal to 02 times the sanction level for the corresponding type of land specified in Clauses 1, 2 and 3. and 4 Article 14 of Decree 91/2019/ND-CP and the maximum fine of not more than 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations.
– In case of encroachment or occupation of land within the safety corridor of works and land of works with protection corridors, land of working offices and non-business establishments of agencies and organizations as prescribed by law. Regarding the management and use of state property, the form and level of sanction comply with the law on sanctioning of administrative violations in the following domains:
• In the field of road and rail traffic.
• In the field of construction investment activities; mining, processing and trading in minerals used as building materials, production and trading in building materials; management of technical infrastructure works; real estate business, housing development, home and office use management
• In the field of culture, sports, tourism and advertising
• In the field of management and use of state property and other specialized fields.
• In the field of exploitation and protection of irrigation works; dike; flood prevention.
In addition, the violator must also take remedial measures such as: Forcible restoration of the original state of the land before the violation, forcible return of encroached or occupied land, forced return of illegal profits obtained by committing acts of encroachment on land by the State.
In your case, the other violator illegally built on state traffic works, blocking the circulation and movement of people. Based on the above grounds, this is considered an act of encroachment on public land. This behavior has infringed on the legitimate rights and interests of your family and those around you on the right to circulate and move.
Accordingly, violators will be administratively sanctioned according to the provisions of Clause 1, Article 14 of Decree 91/2019/ND-CP based on the encroached land area based on the above provisions.
And in principle, the construction works on the encroached land of the violator will be forced to demolish and return to the original status quo.
Denunciation of encroachment on public land
Denunciation means an individual’s reporting according to the procedures prescribed in this Law to a competent agency, organization or individual about an illegal act by any agency, organization or individual causing damage. or threaten to cause damage to the interests of the State, the lawful rights and interests of agencies, organizations and individuals, including:
• Denunciation of illegal acts in the performance of tasks and official duties;
• Denunciation of violations of the law on state management in various fields.
Accordingly, with the encroachment of public land, any person can denounce when detected. In your case, you can make a denunciation and send it to the commune-level People’s Committee to ask them to handle the violation. The complaint includes the following contents:
– National title, motto, day, month, year;
-Name of application: Complaint
-Dear: Name of the agency receiving the denunciation;
– Information of the applicant: The applicant clearly states the following: full name, permanent address, year of birth, ID card/Passport/CCCD card, date of issue, place of issue;
-Name and address of the complained individual, agency or organization;
Complaint content:
Present the encroachment behavior of the subject of the violation, in what time, how much is the encroachment area, has it been resolved or not, what are the consequences caused by this encroachment, …
-Make specific requirements: request competent agencies to quickly verify, verify, settle and handle violations in accordance with the law, ensuring the legitimate interests of the affected people. …
-Affidavit of the applicant;
– Authenticated signature of the applicant;
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Frequently asked questions
Pursuant to Article 38 of Decree 91/2019/ND-CP stipulating the denunciation-settling competence of the Presidents of the People’s Committees at all levels includes:
Commune-level People’s Committee presidents have the right to:
a) Impose a warning;
b) A fine of up to 5,000,000 VND;
c) Confiscate papers that have been erased, corrected or falsified; fake papers used in land use;
d) Apply remedial measures:
Conditions for a competent authority to accept and settle a denunciation include:
a) Denunciations are made according to the provisions of Article 23 of the Law on Denunciations
b) The denouncer has full civil act capacity; if they do not have full civil act capacity, they must have a representative as prescribed by law;
c) The case falls under the denunciation settlement competence of the denunciation-receiving agency, organization or individual;
d) The denunciation has grounds to identify violators or law-breaking acts.
What documents should be prepared when denouncing the act of encroachment on public land?
When submitting a denunciation of land encroachment, the applicant needs to bring the following documents:
-Denunciation of land encroachment
ID card/CCCD, household book of the whistleblower (use a true copy)
Evidence of the accused’s violation of illegal land encroachment such as: Video, attached image…
-Signatures of neighboring households, authentic authorities for this violation.
-Document showing the status of affected properties due to illegal land encroachment (if any).
The chairperson of the district-level People’s Committee has the power to:
a) Impose a warning;
b) A fine of up to VND 50,000,000;
c) Confiscate papers that have been erased, corrected or falsified; fake papers used in land use;
d) Deprive the right to use the license to provide consultancy services in the land sector for a definite term or suspend the consultancy service activities in the land field for a definite time;
dd) Apply remedial measures specified in Clause 3, Article 5 of this Decree…
Accordingly, depending on the sanctioned amount, the sanctioning authority for this behavior may be the Commune or District Committee or a higher level.
Conclusion: So the above is Handling violations of construction on public land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
