Newest guidance on determining the area of land of violations and the original conditions of the land before the violations in Vietnam

Newest guidance on determining the area of land of violations and the original conditions of the land before the violations in Vietnam ​ (Image from Internet)

On October 4, 2024, the Government of Vietnam issued Decree 123/2024/ND-CP prescribing land-related administrative sanctions in Vietnam.

Newest guidance on determining the area of land of violations and the original conditions of the land before the violations in Vietnam 

According to regulations in Article 7 Decree 123/2024/ND-CP, the determination of the area of land of violations and the original conditions of the land before the violations in Vietnam is conducted as follows:

- The area of land of violations in the cases stipulated in Decree 123/2024/ND-CP is determined as follows:

+ In cases where the entire area of a parcel is violated and there is a cadastral map, it is determined according to the cadastral map; if the violated area does not have a cadastral map but another map is used in land management at the local level, that map should be used to determine.

+ In areas where the violated land area has no map as prescribed in point a, clause 1, Article 7 Decree 123/2024/ND-CP or for partial parcel violations, the competent person responsible for preparing the administrative violation report is tasked with determining the boundaries, limits, and markers to define the violation area and noting it in the administrative violation report.

If the violated land area cannot be measured manually, a consulting firm with measurement capabilities may be hired to determine the violation area.

If the violator disagrees with the measurement results determined by the competent person who prepared the administrative violation report, they have the right to hire a firm with measurement capabilities to re-measure the violated land area.

The costs for hiring a consulting firm with measurement capabilities to determine the violated land area as stated in point b, clause 1, Article 7 Decree 123/2024/ND-CP are borne by the violator.

- The initial condition of the land before the violation is determined according to the land user, land type as stipulated in Article 9 Land Law 2024

Article 9. Land Classification

1. Based on purpose of use, land is classified into agricultural land group, non-agricultural land group, and unused land group.

2. The agricultural land group includes the following types of land:

a) Annual crop land, including rice cultivation land and other annual crop land;

b) Perennial crop land;

c) Forestry land, including special-use forest land, protection forest land, and production forest land;

d) Aquaculture land;

dd) Concentrated animal husbandry land;

e) Salt-making land;

g) Other agricultural land.

3. The non-agricultural land group includes the following types of land:

a) Residential land, including rural residential land and urban residential land;

b) Land for building agency headquarters;

c) Land used for defense and security purposes (hereinafter referred to as defense and security land);

d) Land for building non-business facilities, including land for cultural, social, health, education and training, physical training, sport, science and technology, environment, meteorology and hydrology, diplomacy, and other public service buildings or land for building headquarters of other public service providers;

dd) Non-agricultural production and business land, including industrial park land, industrial cluster land; commercial land; non-agricultural production establishment land; land used for mineral activities;

e) Land used for public purposes, including land for traffic works; land for irrigation works; land for water supply and drainage works; land for natural disaster prevention and control works; land with historical-cultural relics, beauty spots, natural heritage; land for waste treatment works; land for energy and public lighting works; land for telecommunications infrastructure, information technology infrastructure; residential markets, wholesale markets; public recreational areas and community activities;

g) Land used for religious activities (hereinafter referred to as religious land); land used for belief activities (hereinafter referred to as belief land);

h) Cemetery land, funeral home land, cremation facility land; land for storing ashes;

i) Land with dedicated water surface;

k) Other non-agricultural land.

4. The unused land group is land yet to be determined for use purposes and has not been allocated or leased.

5. the Government of Vietnam specifies details regarding land types in this Article.

And according to the current status of land use before the violation (topography, terrain, structures on the land) as recorded in the administrative violation report.

Determining the initial condition of the land before the violation is based on documents and records that reflect the initial condition of the land before the violation. In absence of records or documents, the competent person responsible for preparing the administrative violation report is tasked with verifying the initial condition of the land before the violation based on the explanation of the violator and the opinion of the commune-level People's Committee.

More details can be found in Decree 123/2024/ND-CP which comes into force in Vietnam from October 4, 2024.

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