Time limit for handling land violations and how to determine according to law

Khương Duy |

The statute of limitations for administrative violations related to land is determined according to the time of termination or detection of violations according to current legal regulations.

A resident reflected on problems related to determining the statute of limitations for administrative violations in the field of land. Accordingly, this person wondered whether violations that had occurred before would still be penalized and how to determine the statute of limitations calculation time.

Regarding this content, the Ministry of Agriculture and Environment said that current law has specifically stipulated the statute of limitations for administrative violations in the field of land.

According to regulations, the statute of limitations for administrative violations related to land is 2 years. This is the period of time that the competent authority is allowed to issue a decision to sanction the violation.

Dù hết thời hiệu xử phạt, hành vi vi phạm đất đai vẫn có thể bị áp dụng biện pháp khắc phục hậu quả theo quy định. Ảnh: Phan Anh
Even after the statute of limitations for sanctions expires, land violations may still be subject to remedial measures according to regulations. Photo: Phan Anh

The Ministry of Agriculture and Environment said that the determination of the starting time of statute of limitations is applied depending on the nature of the violation.

For violations that have ended, the statute of limitations for sanctioning is calculated from the time of termination of the violation.

In case the violation is still ongoing, the statute of limitations is calculated from the time the competent authority detects the violation.

The Ministry of Agriculture and Environment also said that when the penalty period expires, the violator will not be administratively sanctioned for that act.

However, in some cases, functional agencies can still apply remedial measures according to the provisions of law.

Therefore, accurately determining the time of violation and the time of violation detection is important in the process of handling administrative violations related to land.

Functional agencies recommend that when people have problems related to handling land violations, they should contact competent authorities in the locality for specific guidance, ensuring compliance with legal regulations.

Khương Duy
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