What is misuse of land? According to the Land Law 2013, the land use purpose is clearly stated in the certificate of land use rights; papers on land use rights specified in Clauses 1,2 and 3 of the Land Law 2013.
What is misuse of land?
Q: Hello DFC Law Consulting Company, Currently, I am deliberately building houses encroaching on my perennial crop land. So, is my actions wrong, if wrong, will I be dealt with administrative violations?
Counsel: Hi, there are a lot of land users who have similar questions. In particular, many people because they do not understand the provisions of the law should have acted for misuse of land. Therefore, DFC law consulting firm would like to advise as follows:
Legal grounds:
- Land Law 2013
- Decree 139/2017/ND-CP
- Decree 102/2014/ND-CP
1. Principles of land use
According to the Land Law 2013, she has the principle that land use must be in accordance with the planning and must not use land for the wrong,...
Therefore,the land use purpose has been clearly stated in the certificate of land use rights; the types of papers on land use rights specified inClauses 1,2 and 3 of the Land Law 2013; decisions on land transfer, land lease, permit transfer of land use purposes of competent state agencies, ...
In case she builds houses encroaching on agricultural land, it is an administrative violation of land use for the wrong purposes. Specifically, based on Clause 3, Article 12 of the Land Law 2013, which provides for prohibited acts in the field of land, according to her presentation, she has deliberately built houses with an area encroaching on perennial crop land, so her act of construction beyond the permitted bracket will fall under the case of " Improper use of land".
Considering that she built houses encroaching on this perennial crop land is a guilty act and will be sanctioned for administrative violations by competent state agencies. According to Clause 2, Article 208 of the Land Law 2013 and Article 77 of Decree 139/2017/ND-CP, the agency competent to handle the misuse of land is the Commune-level People's Committee where her land is.
2. Sanctioning level for misuse of land use
Based on Clause 2, Article 8 of Decree 102/2014/ND-CP regulating the sanctioning of administrative violations in the field of land, the fines for administrative violations for her illegal transfer of purposes depend on the illegal land area that she misused.
*Specifically, you may have:
- A fine of VND 1,000,000 to VND 2,000,000 if the area of illegally transferring land is less than 0.5 hectares;
- A fine of over VND 2,000,000 to VND 5,000,000 if the land area illegally transfers from 0.5 hectares to less than 03 hectares;
- A fine of over VND 5,000,000 to VND 10,000,000 if the land area is illegally converted from 03 hectares or more.
Therefore, she needs to determine how much land to build houses has occupied, also known as the land she misused to determine the level of administrative sanctions.
Her act of illegally transferring land use purposes in addition to being fined is also punishable by remedial measures as prescribed by law. According to Clause 4, Article 6 of Decree 102/2014/ND-CP on sanctioning administrative violations in the field of land, she is forced to restore the status of the land plot and res return the illegal profits due to the act of transferring illegal land use purposes.
3. Note
According to Point a Clause 1, Article 64 of the Land Law 2013, which provides for land recovery due to violations of land law, in case she has been administratively sanctioned for improper use of land assigned, leased and recognized by the State for land use rights that she continues to violate, she may be petitioned by the President of the Commune-level People's Committee to handle land recovery.
The above is the entire contents of the lawyer's advice on land use for the wrong purpose sent to DFC Law Consulting Company. If you have any problems, unknown or need other legal assistance, please contact us via email: luatsudfc@gmail.com or call the Land Law Call Center 1900.6512 for the fastest support advice.
Ls. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
