How are violations of land management regulations handled?
(Baonghean.vn) - What exactly constitutes a violation of land management regulations? What are the penalties for violating these regulations? This is a question of concern to Mr. Ho Van Hung (Nghi Loc, Nghe An).
Reply:
* Specific violations of land management include:
Land is owned by the entire people, with the State acting as the representative owner and managing it uniformly. Therefore, those who commit violations of land management regulations are individuals holding positions and authority related to land management.
Accordingly, based on the duties and powers of land management agencies, violations of land management regulations can be identified as follows:
- Land allocation exceeding the prescribed authority;
- Illegal land reclamation: Reclaiming land that had been leased to citizens before the lease term expired, without complying with the provisions of the Land Law;…
- Illegal land leasing: Leasing land to the wrong entity or for the wrong purpose…
- Allowing illegal land transfer: Allowing the illegal conversion of non-agricultural land (excluding residential land) into residential land…
* How are violations of land management regulations punished?
The crime of violating regulations on land management is specifically defined in Article 229 of the 2015 Penal Code, as amended and supplemented in 2017, as follows:
- Non-custodial correctional penalties of up to 3 years or imprisonment from 6 months to 3 years shall be imposed for the following violations:
Firstly, rice paddy land with an area of 5,000 m² or more.2down to below 3,000 m2For special-use forests, protection forests, and production forests with an area of 10,000m² or more.2down to under 50,000 m2For other agricultural land and non-agricultural land, the area must be at least 10,000 m².2down to under 40,000 m2.
Secondly, land with land use rights valued in monetary terms ranges from VND 500,000,000 to less than VND 2,000,000,000 for agricultural land, or from VND 1,000,000,000 to less than VND 5,000,000,000 for non-agricultural land.
Thirdly, this applies to individuals who have already been disciplined for this behavior but continue to violate the rules.
- Imprisonment from 2 to 7 years for offenses falling under one of the following circumstances:
Firstly, there is the issue of organized crime.
Secondly, rice paddy land with an area of 30,000 m² or more.2down to under 70,000 m2For special-use forests, protection forests, and production forests with an area of 50,000 m² or more.2down to under 100,000 m2For other agricultural land and non-agricultural land with an area of 40,000 m² or more.2down to under 80,000 m2.
Thirdly, for land with a land use right value converted into money ranging from 2,000,000,000 VND to less than 7,000,000,000 VND for agricultural land, and from 5,000,000,000 VND to less than 15,000,000,000 VND for non-agricultural land.
Fourthly, it negatively impacts security, order, and social safety.
- Imprisonment from 7 to 12 years will be imposed in the following cases:
Firstly, this applies to rice paddy land with an area of 70,000 m².2or more; special-use forest land, protection forest, production forest with an area of 100,000 m².2or more; other agricultural land and non-agricultural land with an area of 80,000 m².2or more.
+ The second case is when the land use right value is converted into money at 7,000,000 VND or more for agricultural land or 15,000,000 VND or more for non-agricultural land.
- In addition, offenders involved in land management offenses may be fined from VND 10,000,000 to VND 150,000,000, prohibited from holding office, or prohibited from practicing a certain profession or doing a certain job for 1 to 5 years.
