Violations of land law during the performance of official duties

Decree 102/2024/ND-CP provides detailed regulations for the implementation of certain provisions of the Land Law and clearly outlines acts that violate the law in the course of performing duties related to land management.

Acts of violating the law on land during the performance of duties in the field of land management (Article 109)

1. Violations of regulations on administrative boundary records and markers, including the following acts:

a) Falsifying the location diagram, coordinate table, or handover minutes of administrative boundary markers;

b) Incorrectly placing administrative boundary markers in the field.

Violations of land law during the performance of official duties

2. Violations regarding the establishment, adjustment, approval, and management of land use plans include the following acts:

a) Failing to timely organize the establishment and adjustment of land use plans as prescribed;

b) Establishing and approving land use plans that do not conform to the prescribed content;

c) Failing to properly implement regulations on organizing public consultations during the establishment of land use plans;

d) Deciding on and approving land use plans beyond their authority;

e) Reviewing and adjusting land use plans not according to principles or regulations;

f) Not announcing or incorrectly announcing land use plans; failing to review, evaluate, adjust, revoke, and publicly announce the revocation of land recovery decisions for areas specified in annual land use plans at the district level that have not been implemented for two consecutive years; failing to report on the implementation of land use plans.

3. Violations regarding land recovery, compensation, support, and resettlement include the following acts:

a) Recovering land not in accordance with the cases specified in Articles 78, 79, 81, and 82 of the Land Law;

b) Recovering land for national defense, security, or socio-economic development purposes for the national or public interest without proper basis or conditions;

c) Failing to notify land users prior to recovery as prescribed; failing to follow the correct procedures for land recovery, compensation, support, and resettlement according to the provisions of the Land Law;

d) Recovering land beyond their authority; not targeting the correct subjects;

e) Implementing compensation, support, and resettlement not according to the correct subjects, land area, compensation levels, or support for land users; falsifying land recovery records; incorrectly identifying the position and area of recovered land on-site;

f) Forcing the execution of mandatory counting decisions or land recovery decisions incorrectly, without proper conditions; issuing coercive decisions beyond their authority; improperly implementing the coercive decisions according to regulations and failing to fulfill their responsibilities in enforcing land recovery decisions.

4. Violations regarding land requisition include the following acts:

a) Compensating incorrectly for subjects, land area, compensation levels, or compensation periods for land requisitioned;

b) Requisitioning land not in accordance with Article 90 of the Land Law.

5. Violations regarding land allocation, land lease, and change of land use purpose include the following acts:

a) Allocating land, leasing land, or changing land use purposes without proper basis or insufficient conditions as prescribed;

b) Allocating land or leasing land that is already under management or use when the competent state authority has not yet decided to recover the land or completed the compensation, support, and resettlement processes as prescribed, except in cases of transferring real estate projects according to real estate business regulations;

c) Allocating land, leasing land, or allowing the change of land use purposes not according to the correct location and area on-site;

d) Allocating land, leasing land, or allowing changes in land use purposes beyond their authority, not targeting the correct subjects;

e) Allocating land, leasing land without complying with the provisions of Articles 124, 125, and 126 of the Land Law;

f) Allowing land use to implement socio-economic development projects through agreements on land use rights or existing land use rights not in accordance with Article 127 of the Land Law.

6. Violations regarding registration and issuance of certificates of land use rights include the following acts:

a) Failing to establish complete land records as prescribed, failing to amend or update changes promptly when land users carry out administrative procedures related to land or at the request of competent state authorities;

b) Confirming the origin of the land when registering or issuing certificates of land use rights not in accordance with the law;

c) Issuing certificates of land use rights not to the correct land users, incorrect land area, incorrect location, insufficient conditions for issuance, incorrect purpose of land use, or incorrect land use duration;

d) Amending, revoking, or canceling certificates of land use rights improperly, beyond authority, or targeting incorrect subjects;

e) Issuing certificates of land use rights, confirming changes in cases of registering changes beyond authority, or insufficient conditions as prescribed.

7. Violations related to land finance include the following acts:

a) Calculating land use fees, land rental fees not based on the correct criteria or timing as prescribed; improperly exempting or reducing land use fees, land rental fees for incorrect subjects;

b) Valuing land based on incorrect criteria or using incorrect input information to determine land prices;

c) Determining specific land prices not within the prescribed timeframe, principles, conditions, or methods;

d) Failing to timely issue annual land price lists;

e) Applying specific land prices or land price lists to incorrect subjects as prescribed;

f) Deciding land prices beyond authority as prescribed.

8. Violations regarding the management of land entrusted to the state include the following acts:

a) Allowing the situation where individuals authorized to use land temporarily use it for incorrect purposes;

b) Using land for incorrect purposes;

c) Allowing land to be encroached or occupied without taking preventive measures;

d) Leasing, lending, or transferring land against the law;

e) Failing to register in land records, failing to report to the directly superior People’s Committee about the management and exploitation of unused land locally.

9. Violations regarding the implementation of administrative procedures related to land include the following acts:

a) Failing to receive valid and complete applications; receiving applications without recording them in the tracking book;

b) Unilaterally establishing administrative procedures outside of regulations;

c) Resolving administrative procedures out of order, delaying the issuance of documents signed by competent authorities to applicants for administrative procedures;

d) Resolving administrative procedures late compared to the prescribed timeframe;

e) Refusing to perform or not performing administrative procedures that are eligible according to land law;

f) Carrying out administrative procedures beyond authority;

g) Deciding, recording opinions, or confirming in files incorrectly, causing harm or facilitating applicants in a way that harms the state, organizations, and citizens;

h) Losing, damaging, or distorting the contents of records.

10. Violations regarding land recovery in cases specified in Article 81 of the Land Law include the following acts:

a) Failing to send notifications for land recovery cases specified in Clause 6 of Article 81 of the Land Law to the competent land management authority for procedures to propose land recovery as prescribed;

b) Not presenting land recovery decisions or failing to issue land recovery decisions for cases specified in Clause 6 of Article 81 of the Land Law after receiving notifications from the tax authority;

c) Not presenting land recovery decisions or failing to issue land recovery decisions within 30 days from receiving documents from the authority responsible for monitoring the enforcement of administrative penalty decisions when land users continue to violate land recovery in Clauses 1, 2, and 7 of Article 81 of the Land Law;

d) Not presenting land recovery decisions or failing to issue land recovery decisions according to the conclusions of competent authorities for land recovery cases specified in Clauses 3, 4, 5, and 8 of Article 81 of the Land Law.

11. Other violations include:

a) Failing to prevent or address violations of land law that lead to serious consequences;

b) Not fulfilling responsibilities in detecting, preventing, and addressing violations of land law;

c) Gender discrimination in land management and use activities;

d) Hindering or causing difficulties in the use of land and the exercise of rights by land users as prescribed by law;

e) Not providing or providing inaccurate information about land as prescribed by law;

f) Failing to report or reporting late on land management as prescribed;

g) Using the land development fund for purposes not prescribed;

h) Violating land support policies for ethnic minority communities.

12. The handling of individuals violating land management laws while performing official duties according to this provision shall be implemented in accordance with the laws on civil servants, public employees, and other relevant laws.

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