On August 28, the Ministry of Natural Resources and Environment met to finalize the Decree on administrative sanctions for violations in the land sector.
Reporting at the meeting, Ms. Doan Thi Thanh My - Director of the Department of Land informed that the 2024 Land Law has many important new breakthrough contents, including regulations to strengthen inspection and handling of land violations.
The 2024 Land Law and the decrees detailing and guiding the implementation of the Law have added many regulations requiring organizations and individuals to manage and use land economically and effectively; some violations, forms and levels of penalties are no longer suitable and need to be amended and supplemented to suit the actual situation and ensure feasibility.
Ms. My said that regarding the regulations on administrative sanctions for violations in the land sector, although certain results have been achieved in preventing violations.
Minister Do Duc Duy chaired a meeting to finalize the Decree on administrative sanctions for violations in the land sector (Photo: MONRE).
However, there are still some shortcomings such as: the penalty level is still light, not ensuring deterrence; due to the complicated history of land management and use, many violations that occurred in the past have not been discovered and handled... especially violations that occurred before October 15, 1993 (more than 30 years ago) are very difficult to determine, the statute of limitations for penalties has expired; some remedial measures are not suitable to reality.
Ms. My said that according to the previous Decree No. 91, some concepts, terms, and specific violations were unclear and difficult to determine in practice, leading to difficulties in applying sanctions for violations in the land sector...
In particular, the 2024 Land Law has many new points compared to the 2013 Land Law, such as allowing the issuance of Certificates for cases without documents but using them stably before July 1, 2014 (including cases of buying and selling with handwritten documents before July 1, 2014); the act of using land for the wrong purpose is no longer prohibited but also allows multi-purpose use in some cases (Article 218 of the 2024 Land Law); the conditions for receiving the transfer of agricultural land use rights are also expanded in terms of subjects and limits...
At the meeting, Minister of Natural Resources and Environment Do Duc Duy requested that the drafting agency closely follow the regulations, fully detail the violations, penalties and remedial measures to ensure compliance with the 2024 Land Law, the Law on Handling of Administrative Violations, and the Law on Inspection.
Minister of Natural Resources and Environment Do Duc Duy concluded the meeting ( Photo: MONRE).
Ensure the conformity, synchronization and unity between land law and other relevant legal provisions; ensure the inheritance and stability of the land law system; amend and supplement provisions that are not suitable to reality.
In addition, Minister Do Duc Duy suggested that the drafting agency should study and propose contents on penalty levels and sanctioning authority from the perspective of proactively preventing and stopping violations of land law, promptly handling violations to avoid prolonging the time to legalize land violations; decentralizing and delegating powers while establishing tools to control the power of agencies and competent persons in land management.
Source: https://www.nguoiduatin.vn/tan-bo-truong-bo-tnmt-xu-phat-vi-pham-dat-dai-tren-quan-diem-chu-dong-phong-ngua-ngan-chan-204240828175035456.htm
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