Time Limit for Executing Administrative Penalty Decisions Under the New Law

Request for consultation on the statute of limitations for the enforcement of administrative penalty decisions according to the new regulations. Thank you.

Based on Article 74 of the Law on Handling Administrative Violations 2012 and Clause 36 Article 1 of the amended Law on Handling Administrative Violations 2020 (Effective from January 1, 2022) regarding the statute of limitations for enforcing decisions on administrative penalties as follows:

  1. The statute of limitations for enforcing decisions on administrative penalties is 01 year, from the date of issuance of the decision. After this period, the decision shall no longer be enforced, except in cases where the penalty decision involves confiscation of material evidence, means of administrative violation, or measures to remedy consequences, in which the confiscation of material evidence, means, and application of measures to remedy consequences must still be performed.

  2. In cases where individuals or organizations subject to penalties intentionally avoid or delay enforcement, the aforementioned statute of limitations shall be calculated from the time the avoidance or delay ceases.

Respectfully!

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