According to Regulation 69-QD/TW in 2022 on disciplining violated party members, there are new points on disciplining party members who violate land related land and housing in Vietnam.
Article table of contents
New points on disciplining Party members for violations related to land and housing in Vietnam (Source: Internet)
Specifically, the new points on discipline of Party members for violations related to land and housing in Vietnam according to Article 42 of Regulation 69-QD/TW are as follows:
- 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 regulations of the law on planning, construction and housing management.
+ Fail to perform or improperly or inadequately perform financial obligations, procedures, regulations, and decisions of the State on the transfer of land use rights and revocation of land use right certificates.
+ Lack of responsibility in implementing the regulations of the law on land and housing; in management, that causes the act of violating Vietnam's Land Law or causing damage to land resources, rights and obligations of land users.
(Compared to Article 21 of Regulation 102-QD/TW, adding irresponsible behavior in complying with the provisions of the law on land and housing)
- In case of being disciplined but recidivism or first violation but causing serious consequences or violating one of the following cases, the discipline shall be in the form of warning or dismissal (if the violated person holds a position):
+ Violate the regulations of law in land allocation, land lease, land recovery, change of purpose, and land use rights and on the implementation of master plans and plans on land use; determination of financial obligations on land; cadastral records management; land management administrative decisions Is the land use right certificate granted.
+ Obstruct, resist, or incite, instigate, or force others to oppose lawful decisions of competent agencies or authorities on land recovery, land allocation, national project implementation, dispute resolution, and ground clearance.
+ Violate the land law, cause damage to the State, organizations, or individuals without compensating as prescribed.
+ Lack of responsibility in detecting, preventing, and promptly and strictly handling violations of the law on land management and use within the scope of monitoring or in charge.
+ Violate regulations in the management of houses and offices of the Party, the State, socio-political, social, professional organizations, military and police units' barracks or property; construction, use, and repair of houses by organizations assigned to manage.
+ Encroachment on public land for profit.
(New content added)
+ 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.
(New content added)
- In case the violation causes very serious consequences or violates one of the following cases, the discipline shall be in the form of expulsion:
+ Illegally changing the purpose of land use, destroying the land.
+ Forge, fake papers, falsify dossiers of granting certificates of land use rights and house ownership.
+ Make a decision on land allocation, land lease or land recovery in contravention of law in Vietnam.
(Compared with Article 21 of Regulation 102-QD/TW, which disciplines in the form of expulsion for the act of granting a license to exploit natural resources and minerals in contravention of the law).
For the sake of local interests, promulgate documents or direct or organize illegal enforcement and recovery of land.
See more at Regulation 69-QD/TW dated 6/7/2022, replacing Regulation 102-QD/TW dated November 15, 2017 and Regulation 07-QDi/TW dated August 28, 2018.
Quoc Dat
