Hanoi-Vietnam: Proposed guidelines for determining the area of land involved in violations and the original conditions of the land

Hanoi-Vietnam: Proposed guidelines for determining the area of land involved in violations and the original conditions of the land (Image from the Internet)

Regarding this matter, LawNet provides the following explanation:

The Ministry of Natural Resources and Environment is seeking public opinion on the draft Decree on regulations for administrative penalties for land-related violations (hereinafter referred to as the draft Decree).

Proposed guidelines for determining the area of land involved in violations and the original conditions of the land in Vietnam

Article 8 of the draft Decree stipulates the determination of the area of land involved in violations and the original conditions of the land as follows:

- The area of land violations in the cases specified in the draft Decree is determined as follows:

+ In cases where the entire parcel area is in violation and there is a cadastral map, the area is determined according to the cadastral map; in cases where there is no cadastral map but there are other maps used in local land management, those maps are used to determine the area.

+ In cases where the area of land involved in violations is located in places without a cadastral map or other maps as specified in point a, clause 1, Article 8 of the draft Decree or partial violations of a parcel, the inspection officer is responsible for determining the scope and boundary of the land violations; measuring the area of land violations or appointing a functional measurement unit (in cases where the land area violation is large and the parcel shape is complex and cannot be measured manually) to measure the area and record it in the administrative violation report.

In cases where the violator disagrees with the measurements determined by the inspection agency, they have the right to hire a functional measurement unit to re-measure the area of land involved in violations. The cost of measurement to determine the area of land involved in violations borne by the violator.

- The original conditions of the land before the violation are determined according to the type of land specified in Article 9 of the Land Law 2024 and the land use status before the violation as recorded in the administrative violation report.

More details may be found in the draft Decree on regulations for administrative penalties for land-related violations.

To Quoc Trinh

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