How does the Penal Code regulate violations of regulations on compensation, support, and resettlement when the State acquires land?
(Baonghean.vn) - How does the Criminal Code regulate the crime of violating regulations on compensation, support, and resettlement when the State reclaims land? What are the specific penalties? This is a matter of concern for Mr. Le Tien Hung (Nghia Dan, Nghe An).
Reply:Article 230 of the 2017 Penal Code stipulates the crime of violating regulations on compensation, support, and resettlement when the State acquires land as follows:
1. Anyone who abuses his/her position or power to commit one of the following acts, causing property damage from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 but has been disciplined for this act and still commits the violation, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:
a) Violation of legal provisions on land compensation, support and resettlement;
b) Violation of legal provisions on property compensation, production and business.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 12 years:
a) For personal gain or other personal motives;
b) Organized;
c) Using sophisticated and cunning tricks;
d) Adversely affecting social security, order and safety;
d) Causing damage from 300,000,000 VND to under 1,000,000,000 VND.
3. Committing a crime causing damage of VND 1,000,000,000 or more shall be punishable by imprisonment from 10 to 20 years.
4. The offender may also be banned from holding certain positions or doing certain jobs from 01 to 05 years or have part or all of his/her property confiscated.
Thus, for the crime of violating regulations on compensation, support, and resettlement when the State reclaims land, the highest prison sentence is up to 20 years.
