Chương IX Nghị định 43/2014/NĐ-CP: Xử lý vi phạm pháp luật về đất đai đối với người có hành vi vi phạm pháp luật về đất đai khi thi hành công vụ trong lĩnh vực đất đai

Chapter IX

HANDLING OF VIOLATIONS OF THE LAND LAW COMMITTED BY PERSONS ON OFFICIAL DUTY IN THE FIELD OF LAND

Article 96. Subjects to be handled

1. Heads of organizations, heads of agencies competent to decide on land management who commit violations of the land law.

2. Cadres and civil servants of land administration agencies of all levels and cadastral officers of communes, wards and townships who commit violations of regulations on the order and procedures in land administration.

3. Heads of organizations, cadres, civil servants, public employees and staff members of organizations that are allocated land by the State for management falling in the cases prescribed in Clause 1, Article 8 of the Land Law who commit violations of the land law related to their allocated land.

Article 97. Acts in violation of the land law committed by persons on duty in the field of land

1. Violations of regulations on administrative boundary dossiers and markers include the following acts:

a/ Distorting the position plans, coordinates table and written records of handover of administrative boundary markers;

b/ Planting administrative boundary markers at wrong positions in the field.

2. Violations of regulations on land use master plans and plans include the following acts:

a/ Failing to organize the formulation and adjustment of land use master plans and plans in time under regulations;

b/ Failing to strictly comply with regulations on public consultation in the process of land use planning;

c/ Failing to publicize land use master plans and plans; failing to publicize the adjustment or cancellation of the recovery or change of purpose of land areas indicated in land use plans for which no land recovery decision is issued or no permission is obtained for land use purpose change after three years; failing to report on the implementation of land use master plans and plans.

3. Violations of regulations on land allocation, land lease or change of land use purpose include the following acts:

a/ Allocating, re-allocating or leasing land at incorrect positions and with incorrect areas in the field;

b/ Allocating, re-allocating or leasing land or permitting change of land use purpose ultra vires, to or for improper subjects, or not in conformity with annual district-level land use plans approved by competent state agencies;

c/ Re-allocating or leasing land in hi-tech zones, economic zones or civil airports or airfields not in conformity with construction master plans approved by competent state agencies.

4. Violations of regulations on land recovery, compensation, support and resettlement include the following acts:

a/ Failing to give prior notice to persons whose land is recovered under Article 67 of the Land Law; failing to publicize compensation, support and resettlement plans;

b/ Failing to strictly comply with regulations on consultation on compensation, support and resettlement;

c/ Paying compensations to, providing support and organizing resettlement for, improper subjects or for incorrect areas and with incorrect compensation, support and resettlement levels; distorting land recovery dossiers; identifying incorrect positions and areas of recovered land in the field;

d/ Recovering land ultra vires, from improper subjects; not in conformity with land use master plans or plans already approved by competent state agencies;

5. Violations of regulations on land requisition include the following acts:

a/ Paying compensations to improper subjects, for incorrect areas, at incorrect levels, or not according to compensation time limits, to persons whose land is requisitioned;

b/ Requisitioning land not in the cases prescribed in Clause 1, Article 72 of the Land Law.

6. Violations of regulations on management of land allocated by the State for management include the following acts:

a/ Letting persons, who are allowed by law to temporarily use land, use land for improper purposes;

b/ Using land for improper purposes;

c/ Letting land be encroached upon, occupied or appropriated.

7. Violations of regulations on the order and administrative procedures in land management and use include the following acts:

a/ Failing to receive complete and valid dossiers, failing to give specific instructions when receiving dossiers, causing troubles to dossier submitters, receiving dossiers without recording in the monitoring register;

b/ Imposing additional administrative procedures against general regulations, causing troubles to persons requesting performance of administrative procedures;

c/ Settling administrative procedures not according to the prescribed order, delaying the handing of papers already signed by competent agencies to persons requesting performance of administrative procedures;

d/ Settling administrative procedures beyond prescribed time limits;

dd/ Refusing or failing to perform administrative procedures which, under the land law, have all conditions to perform;

e/ Performing administrative procedures ultra vires;

g/ Issuing decisions, writing opinions in or certifying dossiers against regulations, causing, or creating conditions for persons requesting performance of administrative procedures to cause, damage to the State; organizations or citizens;

h/ Causing loss of or damage to, or distorting, dossiers.

Article 98. Application of legal provisions on cadres, civil servants and public employees to handling violations of the land law committed by persons on official duty in the field of law

The principles of disciplining, statutes of limitations and time limits for disciplining, application of disciplinary forms, competence to discipline, order and procedures for consideration of disciplining and other issues related to the disciplining of cadres, civil servants and public employees must comply with the laws on cadres, civil servants and public employees.