According to the regulations, the recovery measures are divided into two main groups corresponding to each type of violation.
For acts of degrading soil quality, the regulations clearly state specific restoration measures. In case of loss or reduction of the thickness of the cultivated soil layer, the violator must restore the cultivated soil layer to the same thickness as before the violation, using the old soil that was taken away or soil with similar composition and properties. For acts of changing the surface layer of agricultural production land with materials, waste or soil mixed with sand, gravel, and stone, the violator must collect and transport these materials out of the area of land in violation and restore the original condition if the collection causes loss or reduction of the topsoil layer.
In case of causing soil degradation, erosion, and washing away of agricultural land leading to loss or reduction of land usability, violators must take measures to improve the land such as covering the land with organic materials, rotating crops, creating vegetation, cultivating along contour lines, applying lime and organic fertilizers, adjusting the amount of irrigation water appropriately, building embankments, and dispersing water to prevent surface runoff to restore soil fertility.
For acts of land deformation, the regulations also provide corresponding restoration measures. When changing the slope of the land surface, the violator must level, dig, fill, raise, or lower the ground to adjust the slope of the land surface to the level before the violation. In case of lowering the land surface, it is necessary to level and restore the land surface height of the land plot before the violation, while ensuring that it does not affect the land use of adjacent land plots.
The regulation also clearly identifies four cases where it is not feasible to restore the original condition of the land. First, restoration cannot be carried out using the maximum necessary measures that can be applied at the time of forced restoration. Second, restoration may endanger people, animals, motor vehicles, architectural works or cause landslides, burial, or flooding of the surrounding land. Third, the current status of the land area in violation is consistent with the district-level land use planning or with the investment project approved by the competent authority. Fourth, it is impossible to continue using the land after restoration for its original purpose due to objective factors.
Regarding implementation, the regulations assign specific responsibilities to relevant agencies and organizations. The person with the authority to draw up a record of administrative violations and the agency submitting the administrative violation sanction are responsible for determining cases where it is not feasible to restore the original state of the land. The People's Committee at the commune level is responsible for promptly and accurately providing information and documents related to the original state of the land before the violation and coordinating with competent agencies to determine the results of restoration.
The Decision takes effect from June 10, 2025. For administrative violations of land destruction that occurred before the effective date of this regulation and the violating organization or individual has not yet completed the restoration of the original state of the land, this regulation will apply.
Galaxy
Source: https://baothanhhoa.vn/tang-cuong-quan-ly-bao-ve-tai-nguyen-dat-va-xu-ly-nghiem-cac-hanh-vi-huy-hoai-dat-nbsp-250778.htm
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