Handling of people who violate land law when performing official duties in the land field depends on the nature and severity of the violation and will be administratively handled or prosecuted for criminal liability according to regulations. provisions of the law.
1. Subject to be handled
According to Article 96 of Decree 43/2014/ND-CP, subjects who will be handled for violations of land law when performing official duties in the land sector include:
– The head of an organization or the head of an agency with authority to decide on land management commits a violation of land law.
– Officials and civil servants of land management agencies at all levels and cadastral officers of communes, wards and towns have acts of violating regulations on order and administrative procedures in land management.
– Heads of organizations, officers, civil servants, public employees, and employees of organizations allocated land by the State for management in the cases specified in Clause 1, Article 8 of the Land Law who commit violations Land law for land assigned for management.
2. Violations of land law when performing official duties in the land field
According to the provisions of Article 97 of Decree 43/2014/ND-CP, violations of regulations include:
– Violations of regulations on records and administrative boundary markers include the following acts:
+ Falsifying location maps, coordinate tables, and handover records of administrative boundary markers;
+ Placing administrative boundary markers in the wrong location on the ground.
– Violations of regulations on planning and land use plans include the following acts:
+ Failure to organize and adjust planning and land use plans promptly according to regulations;
+ Failure to properly comply with regulations on organizing consultation with the people in the process of planning and land use plans;
+ Failure to announce land use planning and plans; Do not announce the adjustment or cancellation of recovery or change of purpose for the land area recorded in the land use plan but after 03 years there has been no decision on land recovery or permission to change the land use purpose has not been made. ; Failure to report on implementation of land use planning and plans.
– Violations of regulations on land allocation, land lease, and change of land use purpose include the following acts:
+ Allocating land, re-allocating land, leasing land at the wrong location and land area on the ground;
+ Allocating land, re-allocating land, leasing land, allowing change of land use purpose without the right authority, to the wrong subjects, and not in accordance with the district-level annual land use plan approved by the competent state agency. approved by competent authorities;
+ Land re-allocation, land lease in high-tech zones, economic zones, airports, and civil airports that are not in accordance with construction planning approved by competent state agencies.
– Violations of regulations on land recovery, compensation, support, and resettlement include the following acts:
+ Failure to notify the person whose land is recovered in advance as prescribed in Article 67 of the Land Law; Failure to publicize compensation, support, and resettlement plans;
+ Failure to properly comply with regulations on organizing consultation on compensation, support and resettlement plans;
+ Implementing compensation, support, and resettlement to the wrong subjects, area, level of compensation, support, and resettlement for people whose land is recovered; falsifying land recovery records; wrongly determining the location and area of land to be recovered in the field;
+ Land recovery without proper authority; not the right subject; not in accordance with land use planning or land use plans approved by competent state agencies.
– Violations of regulations on land requisition include the following acts:
+ Implementing compensation to the wrong subject, area, compensation level, and compensation period for people whose land is requisitioned;
+ Land requisition not in accordance with the cases specified in Clause 1, Article 72 of the Land Law.
– Violations of regulations on land management assigned by the State to manage include the following acts:
+ Allowing a situation where a person who is allowed by law to temporarily use land uses the land for the wrong purpose;
+ Using land for the wrong purpose;
+ Allowing land to be encroached upon, occupied, or lost.
– Violations of regulations on order and administrative procedures in land management and use include the following acts:
+ Not receiving valid and complete dossiers, not giving specific instructions when receiving dossiers, causing inconvenience to the applicant, receiving dossiers without recording them in the tracking book;
+ Self-imposing administrative procedures outside of general regulations, causing inconvenience to applicants for administrative procedures;
+ Handling administrative procedures incorrectly in the prescribed order, delaying the delivery of documents signed by competent authorities to applicants for administrative procedures;
+ Handling administrative procedures slowly compared to the prescribed time limit;+ From c
Refuse to carry out or not carry out administrative procedures that, according to the provisions of land law, are eligible to be carried out;
+ Carrying out administrative procedures without proper authority;
+ Making a decision, commenting or certifying in a file that does not comply with regulations, causing damage or creating conditions for applicants to carry out administrative procedures, causing damage to the State or organization and citizens;
+ Losing, damaging, or falsifying document content.
