On the Government Portal, citizens asked: On February 25, 2025, Ward A People's Committee made a record of administrative violation against Mr. B for the act of occupying public land. Currently, Mr. B continues his violation and is not administratively sanctioned by competent authorities.
Article 3 of Decree No. 123/2024/ND-CP stipulates that the statute of limitations for handling violations is 2 years from the date of detection by functional agencies.
Ms. H.A asked, if after 2 years from the date of making the administrative violation record, Mr. B still continues to violate, will the statute of limitations for administrative violation sanctions expire?
The Ministry of Agriculture and Environment answers this question as follows:
According to the provisions of Article 6 of the Law on Handling of Administrative Violations in 2012 (amended and supplemented in Clause 4, Article 1 of the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations in 2020) and Article 3 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land, the statute of limitations for penalties for administrative violations in the field of land is 2 years from the date of detection of the violation.
According to Clauses 2 and 3, Article 3 of Decree No. 123/2024/ND-CP, the act of land occupation is an ongoing act and the statute of limitations for administrative violations is 2 years calculated from the date of detecting the violation.
