In December 2021, both Mr. B and Mr. C built houses (on the land purchased from Mr. A). Mr. A's land has a Land Use Right Certificate issued on August 22, 2019, stating that it is perennial crop land, including the portions owned by Mr. B and Mr. C.

In December 2023, the local authorities discovered and issued an administrative violation record, deciding to impose penalties for the unauthorized conversion of perennial crop land to non-agricultural land under Decree No. 91/2019/NĐ-CP on administrative penalties in the field of land.

Both Mr. B and Mr. C admitted that they independently built the houses. Currently, Mr. A still resides in this area, approximately 40 meters away from the houses of Mr. B and Mr. C.

Mr. Nguyen The Anh (Dak Nong) asked whether the decision on administrative penalties (fine and remedial measures) should be imposed on Mr. A or Mr. B and Mr. C.

The Ministry of Natural Resources and Environment responded to this issue as follows:

Point a, Clause 1, Article 2 of Decree No. 91/2019/NĐ-CP dated November 19, 2019, of the Government on administrative penalties in the field of land stipulates:

"1. Subjects subject to administrative penalties under the provisions of this Decree include the following subjects who commit administrative violations as prescribed in this Decree occurring within the territory of the Socialist Republic of Vietnam, except for cases where international treaties to which Vietnam is a member have different provisions:

a) Households, residential communities, individuals in the country, foreign individuals, Vietnamese residing abroad (hereinafter referred to collectively as individuals)."

The act of converting perennial crop land to non-agricultural land without permission from competent state authorities is an administrative violation as prescribed in Article 11 of Decree No. 91/2019/NĐ-CP.

Therefore, according to the above provisions, Mr. B and Mr. C (individuals in the country) are subject to administrative penalties for the act of converting perennial crop land to non-agricultural land without permission from competent state authorities (which they admitted to).

Furthermore, it is proposed to penalize the failure to register land use changes for Mr. B and Mr. C in accordance with Clause 2, Article 17 of Decree No. 91/2019/NĐ-CP.

According to Chinhphu.vn (Government Newspaper).