Hi LSX, a few days ago the local government led people to my house to collect land to serve the planning. However, I heard that if the land is acquired for planning purposes, people must be notified in advance, but I have not received any notice except that the land has been confiscated in advance. So about the matter “Violations in land management under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
Authority to administer land
Pursuant to the provisions of Article 24 of the 2013 Land Law as follows:
“Article 24. Land management agency
The organizational system of land management agencies is uniformly organized from central to local levels.
The central state management agency for land is the Ministry of Natural Resources and Environment.
Local land management agencies shall be established in provinces and centrally run cities and in rural districts, urban districts, towns and provincial cities; land public service organizations established and operating under the Government’s regulations.”
Pursuant to Article 4 of Decree 43/2014/ND-CP as amended by Clause 3, Article 2 of Decree 01/2017/ND-CP as follows:
“Article 4. Land management agency
1. Local land management agencies include:
a) The land management agency in the province or centrally run city is the Department of Natural Resources and Environment;
b) The land management agency in rural districts, urban districts, towns and provincial cities is the Department of Natural Resources and Environment.
2. Local natural resources and environment agencies, including the Department of Natural Resources and Environment, the Division of Natural Resources and Environment, and the Land Registration Office, are assigned to perform a number of tasks in the state management of land. .”
3. Provincial-level People’s Committees and district-level People’s Committees are responsible for building the organization of the local land management apparatus; District-level People’s Committees shall arrange cadastral officers in communes, wards and townships to ensure the performance of their tasks.
4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, specifying the functions, tasks and organizational structure of the local land management agency and the tasks of cadastral officials commune, ward or township.”
According to the provisions of the above Articles, the agency competent to manage land is divided into the management agency at the central level and the management agency at the local level, specifically:
• The central state management agency for land is the Ministry of Natural Resources and Environment.
• Local land management agencies include: Land management agencies in provinces and centrally run cities are Departments of Natural Resources and Environment; The land management agency in districts, towns, provincial cities is the Department of Natural Resources and Environment.
Subjects being handled for violations of the land law
According to Article 96 of Decree 43/2014/ND-CP guiding the Land Law, subjects to be handled for violations of the law when performing official duties in the land sector include:
• The head of the organization or the head of the agency competent to decide on land management commits violations of the land law.
• Cadres and civil servants of land management agencies at all levels and cadastral officials of communes (commune, ward, township) who violate regulations on administrative order and procedures in land management such as: civil servants of the branch of the district-level land registration office, officials and civil servants of the provincial-level land registration office (province, city directly under the central government) …
• Heads of organizations, cadres, civil servants, public employees and employees of organizations allocated land for management by the State in the prescribed cases and commit acts of violating the law on land with respect to the land allocated by the State. assigned to manage, specifically:
+ Organizations assigned to manage public works, including: works of roads, bridges, culverts, sidewalks, water supply systems, drainage systems, irrigation works, dikes and dams; squares, monuments, memorials;
+ Economic organizations assigned to manage land areas to implement investment projects in the form of build-transfer (BT) and other forms in accordance with the law on investment;
+ Organizations assigned to manage land with water surface of rivers and land with specialized water surface;
+ The organization assigned to manage the recovered land fund under a decision of a competent state agency.
Violations in land management under Vietnam law
Violations against regulations on administrative records and landmarks
Violations against regulations on records and administrative boundary markers include:
• Falsifying location map, coordinate table, handover record of administrative boundary markers;
• Placing administrative boundary markers in the wrong place on the field.
Violations against regulations on master plans and plans on land use
Violations against regulations on master plans and plans on land use include the following acts:
• Failing to organize the formulation and adjustment of land use master plans and plans in a timely manner according to regulations;
• Failing to strictly comply with regulations on organizing the collection of people’s opinions during the formulation of master plans and plans on land use;
• Failing to publish master plans and plans on land use; failing to announce the adjustment or cancellation of the acquisition or change of purpose for the land area stated in the land use plan but after 3 years there is no decision on land acquisition or permission to change the land use purpose ; failing to report on implementation of land use master plans and plans.
Violations against regulations on land allocation, land lease, change of land use purpose
Violations against regulations on land allocation, land lease or change of land use purpose include the following acts:
• Land allocation, land re-allocation, land lease at the wrong location and land area in the field;
• Land allocation, land re-allocation, land lease, permission to change the purpose of land use is not in accordance with authority, not for the right subjects, not in accordance with the annual district-level land use plan approved by the state agency. approved by competent authorities;
• Re-allocate or lease land in high-tech zones, economic zones, airports, and civil airports that do not conform to construction planning approved by competent state agencies.
Violations against regulations on land acquisition, compensation, support and resettlement
Violations against regulations on land recovery, compensation, support and resettlement include the following acts:
• Failing to notify people whose land is acquired in accordance with regulations; not publicize compensation, support and resettlement plans, specifically:
When acquiring land for defense and security purposes; For socio-economic development for the national and public interest, the person whose land is recovered must be notified in advance as follows: Before a decision on land recovery is issued, at least 90 days for agricultural land and for agricultural land. 180 days for non-agricultural land (residential land, other non-agricultural land), the competent state agency must notify land recovery to the person whose land is recovered.
• Failure to comply with regulations on organization of consultations with respect to compensation, support and resettlement plans;
• Carry out compensation, support and resettlement for the wrong subjects, areas, compensation levels, support and resettlement for people whose land is recovered; falsifying land recovery dossiers; incorrect identification of the location and area of land acquired in the field;
• Land acquisition without authority; wrong object; inconsistent with the land use planning, land use plan approved by the competent state agency.
Violation of regulations on land requisition
Violations against regulations on land requisition include the following acts:
• Compensation is not made to the right subjects, areas, compensation levels, and time limits for compensation to people whose land is requisitioned;
• Requisition of land in contravention of the prescribed cases, specifically: The State only requisitions land in cases where it is absolutely necessary to perform national defense and security tasks or in a state of war, emergency, or prevention. , against natural disasters.
Violating regulations on land management assigned by the State for management
Violations include the following acts:
• To allow a situation where people who are allowed by law to use land temporarily use the land for wrong purposes;
• Using land for wrong purposes;
• Let the land be encroached, occupied or lost.
Violations against regulations on implementation of administrative order and procedures
Violations against regulations on implementation of administrative procedures in the land sector, including the following acts:
• Failing to accept valid and complete dossiers, not giving specific instructions when receiving dossiers, causing troubles to applicants, receiving dossiers without recording them in monitoring books;
• Self-imposed administrative procedures outside the general regulations, causing troubles for applicants to do administrative procedures;
• Handling administrative procedures not in accordance with the prescribed order, delaying the delivery of papers signed by competent authorities to applicants for administrative procedures;
• Handling administrative procedures behind the prescribed time limit;
• Refusing to perform or not performing administrative procedures that are eligible for implementation under the land law;
• Carrying out administrative procedures without proper authority;
• Making decisions, making comments or making certifications in the dossiers in contravention of regulations, causing damage or creating conditions for applicants to carry out administrative procedures, causing damage to the State, organizations and citizens;
• Losing, damaging or falsifying the contents of the records.
Among the above groups of acts, violations of regulations on the implementation of administrative orders and procedures in the field of land such as procedures for granting certificates…; violating regulations on land acquisition, compensation, support and resettlement; land use change are the most common violations.
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Frequently asked questions
When knowing the illegal acts of cadres, civil servants and public employees as above, if there are grounds to believe that such acts are illegal, infringing upon their lawful rights and interests, individuals may right to complain; if they violate the law but cause damage or threaten to cause damage to the interests of the State, the lawful rights and interests of agencies, organizations and individuals, they have the right to denounce.
Pursuant to Article 23 of the 2013 Land Law stipulates the responsibilities for state management of land as follows:
“Article 23. State management responsibilities over land”
The Government performs the unified state management of land throughout the country.
The Ministry of Natural Resources and Environment is responsible before the Government for the unified state management of land.
Relevant ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, assist the Government in the state management of land.
People’s Committees at all levels are responsible for the state management of land in their localities according to their competence prescribed in this Law.”
Land management agencies include: Department of Natural Resources and Environment, Division of Natural Resources and Environment, Land Registration Office, Provincial People’s Committee, District People’s Committee.
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