Environment

2 cases of violations that cannot restore the original condition of the land

BANK January 28, 2025 14:44

Hai Duong Provincial People's Committee has specifically regulated 2 cases of land violations that cannot restore the original state of the land before the violation.

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A case of violation of pouring concrete on agricultural land in Hoang Dieu commune, Gia Loc(photo)

Hai Duong Provincial People's Committee has issued regulations on cases of infeasibility and the level of restoration of the original state of land in the province.

This Decision specifically stipulates cases where it is not feasible in the field to restore the original state of the land before the violation and the level of restoration of the original state of the land in Hai Duong province according to the provisions of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government on sanctions for administrative violations in the field of land.

The subjects of application are individuals, households and organizations that are administratively sanctioned for land destruction as prescribed in Clause 1 and Clause 2, Article 14 of Decree No. 123.

Accordingly, there are two cases where it is not feasible in the field to restore the original condition of the land before the violation. That is, the degradation of land quality leading to the inability to restore the quality and equivalent use of the land before the violation. Specifically, losing or reducing the thickness of the cultivated soil layer; changing the surface layer of agricultural land with materials, waste or soil mixed with sand, gravel, stone or soil with a different composition than the type of soil in use; causing discoloring, erosion, and leaching of agricultural land.

The second case is to deform the terrain, leading to the inability to restore the terrain and the original land use purpose before the violation. Specifically, it is to change the slope of the land surface; lower the land surface; level the land with specialized water surface (except for irrigation lakes) or level and lower the surface of agricultural and aquaculture land, causing the loss or reduction of the ability to use the land for the determined purpose. In particular, except for the case of changing the structure of crops and livestock on rice-growing land to rice-growing combined with aquaculture, building works directly serving agricultural production on rice-growing land, converting agricultural land into terraced fields and other forms of land conversion suitable for the purpose of land use assigned, leased, recognized land use rights or suitable for the investment project approved or accepted by the People's Committee of the competent authority to allocate or lease land.

Restoration of soil quality and terrain ensures that the intended use of the land before the violation is not changed.

This Decision takes effect from February 10, 2025, replacing Decision No. 22/2021/QD-UBND dated October 4, 2021 of the Provincial People's Committee promulgating regulations on the level of restoration of the original state of land before the violation in Hai Duong province.

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2 cases of violations that cannot restore the original condition of the land