How is the crime of violating regulations on land use and land management according to law understood?
(Baonghean.vn) - I would like to ask about the regulations on the crime of violating land use and land management according to the latest legal regulations. The issue of concern of Ms. Tran Thanh Nga (Vinh City, Nghe An).
Reply: According to Article 228 of the 2017 Penal Code, the crime of violating regulations on land use is stipulated as follows:
1. Anyone who encroaches on land, transfers land use rights or uses land in violation of the provisions of law on land management and use, has been administratively sanctioned for this act or has been convicted of this crime, has not had his/her criminal record expunged and continues to violate, shall be subject to a fine of from VND 50,000,000 to VND 500,000,000, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
2. Committing a crime in one of the following cases shall be subject to a fine of from VND 500,000,000 to VND 2,000,000,000 or imprisonment from 02 years to 07 years:
a. Organized;
b. Committing the crime 2 times or more;
c. Dangerous recidivism.
3. The offender may also be fined from VND 10,000,000 to VND 50,000,000.
Thus, the subject of the crime of "violating regulations on land use" as prescribed in Article 228 of the 2015 Penal Code is any person, the maximum penalty for this crime can be up to 7 years in prison.
