How are land management violations handled?
(Baonghean.vn) - What exactly are land management violations? What are the penalties for violating land management regulations? This is a matter of concern for Mr. Ho Van Hung (Nghi Loc, Nghe An).
Reply:
* Specific violations of land management are:
Land is owned by the entire people and is represented by the State as the owner and managed uniformly. Therefore, the subjects committing violations of land management are those with positions and powers related to land management.
Accordingly, based on the tasks and powers of land management agencies, it can be seen that violations of land management include:
- Land allocation beyond prescribed authority;
- Illegal land recovery: Recovering land that has been leased to people, but before the lease term has expired, it is recovered without complying with the provisions of the Land Law;…
- Illegal land leasing: Leasing land to the wrong subject, purpose...
- Allowing illegal transfer of land use rights: Allowing illegal conversion of non-agricultural land that is not residential land into residential land...
* How are violations of land management regulations handled?
The crime of violating regulations on land management is specifically regulated through Article 229 of the 2015 Penal Code, amended and supplemented in 2017 as follows:
- Non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years for the following violations:
+ Firstly, rice land but with an area of 5,000 m2to under 3,000 m2. With special-use forest land, protective forest, production forest with an area of 10,000m22to below 50,000 m2. For other agricultural land and non-agricultural land, the area must be from 10,000 m2to below 40,000 m2.
+ Second, land with land use rights value converted into money from 500,000,000 VND to less than 2,000,000,000 VND for agricultural land, or from 1,000,000,000 VND to less than 5,000,000,000 VND for non-agricultural land.
+ Third, for those who have been disciplined for this behavior but still violate it.
- Imprisonment from 02 years to 07 years for committing crimes in one of the following cases:
+ The first is organized crime.
+ Second is rice land with an area of 30,000 m2below 70,000 m2. For special-use forests, protective forests, and production forests with an area of 50,000 m2to below 100,000 m2. For other agricultural land and non-agricultural land with an area of 40,000 m2to below 80,000 m2.
+ Third, for land with land use rights value converted into money from 2,000,000,000 VND to less than 7,000,000,000 VND for agricultural land and for non-agricultural land, the land use rights value converted into money will be from 5,000,000,000 VND to less than 15,000,000,000 VND.
+ Fourthly, it negatively affects security, order and social safety.
- Imprisonment from 07 years to 12 years for the following cases:
+ Firstly, for rice-growing land with an area of 70,000 m2or more; special-use forest land, protective forest, production forest with an area of 100,000 m2or more; other agricultural land and non-agricultural land with an area of 80,000 m2or more.
+ The second case is land with land use rights value converted into money of 7,000,000 VND or more for agricultural land or 15,000,000 VND or more for non-agricultural land.
- In addition, those who commit crimes related to land management may be fined from VND 10,000,000 to VND 150,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 year to 05 years.
