The Ministry of Agriculture and Environment has issued a document responding to voters' petitions sent to the National Assembly's Petition and Supervision Committee.
Voters in Ninh Binh province said that from July 1, 2025, the two-level local government model will be operated, however, the implementation of Decree No. 123/2024/ND-CP and Decree No. 151/2025/ND-CP of the Government still has many problems in practice.
Accordingly, currently, many authorities in the land sector have been decentralized to the Chairman of the People's Committee (PC) at the commune level, but the authority to handle administrative violations in the land sector has not been clearly regulated.
This, according to voters, will make it difficult for the commune level to handle violations, posing a potential risk of stagnation and prolongation, causing frustration among the people.
Voters in Ninh Binh province requested the Government to promptly issue detailed and unified instructions on the scope and authority of the Chairman of the People's Committee at the commune level in the field of land; mechanism for applying remedial measures in cases of exceeding authority.
Regarding this content, Minister of Agriculture and Environment Tran Duc Thang said that Clause 3, Article 3 of the Law amending and supplementing a number of articles of the Law on handling administrative violations has clearly stipulated.
The Chairman of the People's Committee at the commune level shall exercise his authority in handling administrative violations of the Chairman of the People's Committee at the district level according to the Government's decree on handling administrative violations in the fields of state management until a replacement Government regulation or a Government decree takes effect.
Article 21 of Decree 189/2025/ND-CP dated July 1, 2025 of the Government detailing the Law on Handling of Administrative Violations on the authority to sanction administrative violations has been stipulated.
During the period when the Government has not issued a decree to amend, supplement, replace or abolish regulations on the authority to sanction administrative violations in decrees on sanctioning administrative violations in the fields of state management, the determination of the authority to sanction administrative violations of the positions shall be carried out as follows:
For the position of competent authority to sanction administrative violations as prescribed in the decree without changing the name, tasks and powers, it shall be applied according to the provisions of this Decree until a Government regulation is in place.
For the position with the authority to sanction administrative violations as prescribed in the decree but there is a change in tasks and powers, the position receiving the task and powers has the authority to sanction...
Based on the above regulations, the authority to sanction administrative violations of the Chairman of the District People's Committee as prescribed in Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government regulating administrative sanctions in the field of land has been decentralized to the Chairman of the Commune People's Committee to implement the sanctions from July 1, 2025.
Currently, the Ministry of Agriculture and Environment has issued Decision No. 3502/QD-BNNMT, dated August 28, 2025 on the Plan to implement Decision No. 1688/QD-TTg dated August 6, 2025 of the Prime Minister and is reviewing the difficulties and obstacles in the implementation of Decree No. 123.
This review is to propose amendments and supplements to comply with land law, administrative violation handling law and other relevant laws.
