Thời hạn sử dụng đất trồng rừng trước khi bị thu hồi: 30 năm.

Thời hạn sử dụng đất trồng rừng trước khi bị thu hồi: 30 năm.

Đất trồng rừng không được sử dụng trong thời gian bao lâu thì bị thu hồi đất?

Knee-level leghigh DDP Hầu. The 2024 Law on Land Law has provisions on the cases in which land is to be recovered due to law violations related to land use, as follows:

Article 81. Cases of Land Recovery due to Violations of Land Use Laws

  1. Using land for a purpose other than the one authorized by the State, and having been fined for administrative sanctions for violating land use, but still committing the same offense.

  2. Destroying land and having been fined for administrative sanctions for land destruction, but still committing the same offense.

  3. Allowing land to be used by an unauthorized person or in contravention of regulations.

  4. Land received through transfer or gift from the State and failed to comply with the regulations of this Law.

  5. Land used by a person who has not been granted or leased land use rights.

  6. Failure to fulfill their financial obligations with the State.

  7. Land for crop planting, aquaculture, or forest planting, not used for more than 12 months, or land for long-term planting not used for more than 18 months, or land for forest planting not used for more than 24 months, and having been fined for administrative sanctions, but still failing to use the land as required.

According to these regulations, if the land for forest planting is not used for more than 24 months and has been fined for violating land use, but does not bring the land into use as required, the State will recover the land due to law violations related to land use.

Mức xử phạt không sử dụng đất trồng rừng trong thời hạn 24 tháng liên tục là bao nhiêu?

According to Article 24 of the 2024 Decree 123/2024/NĐ-CP, the penalties for non-use of land for forest planting for more than 24 months are as follows:

  1. The act of not using land for forest planting for more than 24 months:
    a) Fine of VND 3,000,000 to VND 5,000,000 for an area of less than 0.5 hectares.
    b) Fine of VND 5,000,000 to VND 10,000,000 for an area of 0.5 hectares to less than 1 hectare.
    c) Fine of VND 10,000,000 to VND 20,000,000 for an area of 1 hectare or more.

  2. Remedial measures: The person using the land must bring the land into use within 60 days for acts specified in Items 1 and 2, and within 90 days for acts specified in Item 3 of this Article.

Chủ tịch UBND huyện có thẩm quyền xử phạt hành vi không sử dụng đất trồng rừng trong thời hạn 24 tháng liên tục hay không?

According to Article 30 of the 2024 Decree 123/2024/NĐ-CP, the powers of the Chairman of the People’s Committee of the district level in handling administrative sanctions are as follows:

  1. The Chairman of the People’s Committee of the district has the authority to:
    a) Reprimand.
    b) Fine up to VND 100,000,000.
    c) Seize documents that have been torn, rewritten, or tampered with, or fake documents used in the land use.
    d) Suspend or revoke the license to operate a real estate consulting service for a specified period.
    e) Apply the measures to rectify the consequences as specified in Clause 3 of Article 4 of this Decree.

Therefore, the Chairman of the People’s Committee of the district has full authority to handle administrative sanctions for acts of non-use of land for forest planting for more than 24 months.