From July 6, 2022, dismiss Vietnamese Communist Party members who encroach on public land for profit, and collude in real estate price declaration?
- From July 6, 2022, dismiss Vietnamese Communist Party members who encroach on public land for profit, and collude in real estate price declaration?
- Exclusion of Vietnamese Communist Party members who change land use purposes illegally, destroy land like?
- According to the previous regulations, how should Vietnamese Communist Party members violate regulations on housing and land?
From July 6, 2022, dismiss Vietnamese Communist Party members who encroach on public land for profit, and collude in real estate price declaration?
According to Article 42 of Regulation 69-QD/TW in 2022, violations of regulations on management and use of land and housing are:
- Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
+ Improper or incomplete implementation of regulations on housing management and use; violate the provisions of the law on planning, construction and housing management.
+ Failing to perform or improperly or inadequately performing financial obligations, procedures, regulations and decisions of the State on transfer of land use rights and revocation of land use right certificates.
+ Lack of responsibility in observing the provisions of the law on land and housing; in the management so that there is a violation of the law on land or acts of causing damage to land resources, rights and obligations of land users.
- In case of having been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or violates one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a position).
+ Violating the provisions of law in land allocation, land lease, land recovery, change of purpose and land use rights; implement master plans and plans on land use, determine financial obligations on land, manage cadastral records, issue administrative decisions in land management; Is the land use right certificate granted.
+ Obstructing, resisting or inciting, instigating or forcing other people to oppose lawful decisions of competent agencies or authorities on land acquisition, land allocation, implementation of national projects and on settlement of disputes. ground clearance.
+ Violating the law on land causing damage to the State, organizations or individuals, compensation must be paid without compensation as prescribed.
+ Being responsible but failing to detect, prevent and promptly and strictly handle violations of the law on land management and use within the scope of monitoring or in charge.
+ Violating regulations in the management of houses and offices of the Party, the State, socio-political, social, professional organizations, military and police units' barracks or in property; construction, use and repair of houses of organizations assigned to manage.
+ Encroachment on public land for profit.
+ Colluding with the buyer or seller to declare the transfer price of real estate or land use rights in order to evade taxes and reduce taxes, causing loss of state budget revenue.
From July 6, 2022, dismiss Vietnamese Communist Party members who encroach on public land for profit, and collude in real estate price declaration?
Exclusion of Vietnamese Communist Party members who change land use purposes illegally, destroy land like?
According to Article 42 of Regulation 69-QD/TW of 2022, regulations on violations of regulations on management and use of land and housing
"Article 42. Violations against regulations on management and use of land and houses
...
3. In case of violations specified in Clauses 1 and 2 of this Article causing very serious consequences or in one of the following cases, the discipline shall be in the form of expulsion:
a) Illegally changing the land use purpose, destroying the land.
b) Forging, cheating papers, falsifying dossiers for issuance of certificates of land use rights and house ownership.
c) Illegally deciding on land allocation, land lease or land recovery.
d) Promulgating documents for local interests or directing or organizing illegal enforcement and recovery of land."
According to the previous regulations, how should Vietnamese Communist Party members violate regulations on housing and land?
Article 21 of Regulation 102-QD/TW of 2017 stipulates:
"Article 21. Violations against regulations on land and housing
1- Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Improper or incomplete implementation of regulations on management and use of housing; violate the provisions of the law on planning, construction and housing management.
b) Failure to perform or improperly or inadequately performing financial obligations, procedures, regulations and decisions of the State on transfer of land use rights and revocation of land use right certificates.
c) Lack of responsibility in management so that there is a violation of the law on land or acts of causing damage to land resources, rights and obligations of land users.
2- In case a person who has been disciplined as prescribed in Clause 1 of this Article repeats the offense or commits it for the first time, causing serious consequences, or commits one of the following cases, the discipline shall be in the form of a warning or a position (if there is a position):
a) Violating the provisions of law in land allocation, land lease, land recovery, change of purpose and land use rights; implementing master plans and plans on land use, determining financial obligations on land, managing cadastral records, making administrative decisions in land management; Is the land use right certificate granted.
b) Obstructing, resisting or inciting, instigating or forcing others to oppose lawful decisions of competent authorities on land acquisition, land allocation, implementation of national projects and on land clearance; plain.
c) Violating the land law and causing damage to the State, organizations or individuals, compensation must be paid without compensation as prescribed.
d) Take responsibility but fail to detect, prevent and promptly and strictly handle violations of the law on land management and use within the scope of monitoring or in charge.
dd) Violating regulations in the management of houses and offices of the Party, the State, socio-political organizations, military and police units, or in the possession, construction and use of, repair housing of the organization assigned to manage.
3- In case of violations specified in Clauses 1 and 2 of this Article causing very serious consequences or in one of the following cases, the discipline shall be in the form of expulsion:
a) Illegally changing the land use purpose, destroying the land.
b) Forging, cheating papers, falsifying dossiers in the issuance of certificates of land use rights and ownership of houses.
c) Deciding on land allocation, land lease, land recovery, and issuance of licenses for the exploitation of natural resources and minerals in contravention of law.
d) Promulgating documents for local interests or directing or organizing illegal enforcement and recovery of land."
Thus, Party members who encroach on public land for profit or collude in the declaration of real estate prices will be dismissed according to the latest regulations.
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