Decree 138/2021/ND-CP preservation of administrative violation material evidences, vehicles

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Decree No. 138/2021/ND-CP dated December 31, 2021 of the Government providing the management and preservation of administrative violation material evidences, vehicles, licenses and practice certificates which are temporarily seized or confiscated according to administrative procedures
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Official number:138/2021/ND-CPSigner:Pham Minh Chinh
Type:DecreeExpiry date:Updating
Issuing date:31/12/2021Effect status:
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Fields:Administrative violation

SUMMARY

Warehouses for temporarily seized material evidences must meet regulations on fire prevention and fighting

Decree No. 138/2021/ND-CP providing the management and preservation of administrative violation material evidences, vehicles, licenses and practice certificates which are temporarily seized or confiscated according to administrative procedures is issued on December 31, 2021 by the Government.

Accordingly, storage places for temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates, which are houses, warehouses, storing yards must ensure safety and security; have protecting fences, regulations for exit and entry, regulations on environmental protection, fire prevention and fighting, etc. For storage places for temporarily seized or confiscated material evidences and vehicles that are substances or goods at risk of fire, explosion, toxic substances or radioactive substances, the safety conditions in terms of fire and explosion prevention and control, poison prevention, anti-radiation, prevention of environmental incidents must be satisfied.

Chairpersons of People's Committees of provinces and centrally-run cities shall decide to build shared storage places for material evidences and vehicles of agencies competent to seize administrative violation material evidences and vehicles in their localities with designed construction form and scale satisfies the requirements on management and preservation of material evidences and vehicles at the request of agencies competent to temporarily seize material evidences and vehicles.

For agencies that have to regularly store material evidences and vehicles, People’s Committees of provinces and centrally-run cities shall implement the construction of their own particular temporary storage places.

This Decree takes effect from January 01, 2022.

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Effect status: Known

THE GOVERNMENT

_______

No. 138/2021/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

________________________

Hanoi, December 31, 2021


DECREE

Providing the management and preservation of administrative violation material evidences, vehicles, licenses and practice certificates which are temporarily seized or confiscated according to administrative procedures

____________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

At the proposal of the Minister of Public Security;

The Government hereby promulgates the Decree providing the management and preservation of administrative violation material evidences, vehicles, licenses and practice certificates which are temporarily seized or confiscated according to administrative procedures.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree provides the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures (below referred to as temporarily seized or confiscated material evidences and vehicles), licenses or practice certificates which are temporarily seized according to administrative procedures (below referred to as temporarily seized licenses or practice certificates); the responsibilities and powers of agencies and persons managing and preserving temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates; the rights and obligations of agencies, organizations and individuals with temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates.

2. This Decree does not apply to administrative violation material evidences and vehicles which are Vietnamese dong, foreign currencies, papers and documents related to assets, valuable certificates, gold, silver, gems, precious metal, drugs, weapons, explosive precursors, explosive materials, supporting tools, objects of historical or cultural value, national treasures, antiques, rare and precious forest products, flora and fauna of various kinds, perishable goods and articles, articles banned from circulation, and other special assets, which are governed by the Law on Handling of Administrative Violations.

Article 2. Subjects of application

1. Vietnamese and foreign organizations and individuals with temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates.

2. Agencies, organizations and individuals involved in the management and preservation of temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates.

Article 3. Principles of management and preservation of temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

1. Temporarily seized or confiscated material evidences and vehicles must be strictly and safely managed and preserved and properly arranged to facilitate examination and prevent confusion, environmental pollution or epidemic spread.

2. Temporarily seized or confiscated material evidences and vehicles must be kept intact, regardless of the reduction in damage due to objective causes such as weather, humidity, wear and tear over time and other factors.

3. Temporarily seized licenses and practice certificates must be strictly and safely managed and preserved and properly arranged to facilitate examination, prevent confusion and ensure integrity.

4. Temporarily seized material evidences, vehicles, licenses and practice certificates may be received, returned or transferred and confiscated material evidences and vehicles may be received or transferred to agencies, organizations or individuals only upon decisions in writing of competent persons.

Article 4. Prohibited acts

1. Appropriating, selling, exchanging, pledging, mortgaging, fraudulently exchanging, replacing or illegally using temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates and other self-seeking acts.

2. Illegally breaking regulations on sealing of temporarily seized or confiscated material evidences and vehicles or bringing temporarily seized material evidences, vehicles, licenses and practice certificates out of their places of temporary storage without permission of competent authorities.

3. Losing, destroying or intentionally damaging temporarily seized or confiscated material evidences, vehicles, licenses and practice certificates.

Article 5. Funds for the management and preservation of temporarily seized or confiscated material evidences, vehicles, licenses and practice certificates

1. Funds for the management and preservation of temporarily seized or confiscated material evidences and vehicles include:

a) Expenses for construction, repair, expansion or upgrading of physical foundations or hiring of places for temporary storage;

b) Expenses for procurement of equipment and facilities necessary for the management, preservation, transportation, handover, receipt and inspection of temporarily seized or confiscated material evidences and vehicles;

c) Expenses for making announcements in the mass media and informing violators, owners, managers or lawful users of seized material evidences and vehicles;

d) Other expenses as prescribed by law.

2. Funds for the management and preservation of temporarily seized licenses or practice certificates include: Expenses for procurement of equipment and facilities necessary for the management, preservation, transportation, handover, receipt and inspection of temporarily seized license or practice certificate and other expenses as prescribed by law.

3. Funds for the management and preservation of temporarily seized or confiscated material evidences and vehicles, temporarily seized licenses or practice certificates are allocated according to the Law on the State Budget and current state budget management decentralization.

4. The Minister of Finance shall specify funds for the management and preservation of temporarily seized or confiscated material evidences and vehicles, and temporarily seized licenses or practice certificates.

 

Chapter II

MANAGEMENT AND PRESERVATION OF TEMPORARILY SEIZED OR CONFISCATED MATERIAL EVIDENCES; TEMPORARILY SEIZED LICENSES OR PRACTICE CERTIFICATES

 

Article 6. Storage places for temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

1. Storage places for temporarily seized or confiscated material evidences and vehicles include houses, warehouses, wharves, storing yards, ports, seaport waters, working offices or other places as decided by persons competent to temporarily seize and confiscate material evidences and vehicles and those places must ensure conditions as prescribed in Clause 2, 3 and 4 of this Article.

Storage places for temporarily seized licenses or practice certificates include the headquarters of the agencies of the persons making the seizure record or the persons issuing the custody decision.

2. Conditions of temporary storage places which are houses, warehouses, storing yards

a) Ensuring safety and security; having protecting fences, regulations for exit and entry, regulations on environmental protection, fire prevention and fighting;

b) Ensuring dry and good ventilation. In case of using the outdoor temporary storage places of temporarily seized or confiscated material evidences and vehicles, such places must have covering roofs or other measures to prevent rain and sunlight;

c) Have lighting equipment system; equipping measures and devices for fire prevention and fighting, appropriate technical equipment for management and preservation of temporarily seized or confiscated material evidences and vehicles;

d) For storage places for temporarily seized or confiscated material evidences and vehicles that are substances or goods at risk of fire, explosion, toxic substances or radioactive substances, the safety conditions in terms of fire and explosion prevention and control, poison prevention, anti-radiation, prevention of environmental incidents must be satisfied.

3. Conditions for temporary storage places which are wharves, ports and seaport waters

a) Ensuring safety and security; having protecting fences, regulations for exit and entry, regulations on environmental protection, fire prevention and fighting and other conditions as prescribed at Point b, c Clause 2 of this Article within the area of temporary storage places of material evidences and vehicles;

b) For the temporary storage place which is domestic wharves or seaport waters, besides the conditions as prescribed at Point a of this Clause, it must have anchorage equipment for vehicles, have regulations for exit and entry of the wharves, for arrangement and anchorage of vehicles.

4. For temporary storage places which are agencies offices, such places must have measures to ensure safety and security, prevention of fire and explosion, ensure to be dry and have good ventilation; have lighting equipment system, equip appropriate measures and equipment.

5. Arrangement of storage places for temporarily seized or confiscated material evidences and vehicles

a) Arrangement of shared temporary storage places: Chairpersons of People's Committees of provinces and centrally-run cities shall decide to build shared storage places for material evidences and vehicles of agencies competent to seize administrative violation material evidences and vehicles in their localities with designed construction form and scale satisfies the requirements on management and preservation of material evidences and vehicles at the request of agencies competent to temporarily seize material evidences and vehicles;

b) Arrangement of particular temporary storage places: For agencies that have to regularly store material evidences and vehicles, People’s Committees of provinces and centrally-run cities shall implement the construction of their own particular temporary storage places;

b) In case agencies of persons competent to seize material evidences and vehicles fail to fully satisfy conditions to build the temporary storage place or the designed construction scale is insufficient or do not meet requirement to manage and preserve temporarily seized or confiscated material evidences and vehicles, the agencies competent to seize material evidences and vehicles may hire the temporary storage place. The hire charge and fee shall be decided upon agreement but must not exceed the price prescribed by the People's Committee of the province or centrally-run city; the hiring of the temporary storage place must be made in a contract in accordance with the Civil Code;

d) In case of seizing material evidences and vehicles in small quantity or material evidences and vehicles are small objects and considered as not necessary to transfer to temporary storage places which are houses, warehouses, wharves, storing yards, the person competent to seize material evidences and vehicles may decide to seize such material evidences and vehicles in its office. In this case, the person competent to seize material evidences and vehicles shall arrange and deliver temporarily seized or confiscated material evidences and vehicles to officer to directly conduct the management and preservation.

6. People’s Committees of provinces and centrally-run cities shall manage shared storage places for material evidences and vehicles or assign other agencies to do so. Agencies having storage places for material evidences and vehicles or assigned to manage shared storage places for material evidences and vehicles shall appoint officers to manage temporarily seized or confiscated material evidences and vehicles as follow:

a) In case the temporary storage place of material evidences and vehicles is the particular storage place of the agency, the head of the agency shall assign persons to carry out the material evidences’ and vehicles’ management and preservation.

b) In case the temporary storage place of material evidences and vehicles is the shared storage of different agencies in the locality, the assignment of persons to carry out the material evidences’ and vehicles’ management and preservation shall comply with decision of the Chairperson of the People's Committee at the same level on the basis of the consensus proposal among the local agencies.

Article 7. Tasks and powers of heads of agencies managing and preserving temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

1. To direct, monitor, examine and supervise the implementation of measures to manage and preserve temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates.

2. To assign persons to manage and preserve temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates suitable to the conditions of storage places.

3. To promptly notify in writing persons issuing temporary seizure decisions when the temporary seizure duration of material evidences, vehicles, licenses and practice certificates expires or the statute of limitations for enforcement of the sanctioning decision expires; or when violators do not come to receive material evidences, vehicles, licenses and practice certificates after obtaining decisions on return of material evidences, vehicles, licenses and practice certificates, and such material evidences, vehicles, licenses and practice certificates are lost or damaged; and to immediately report criminal signs, if any, to competent investigation agencies to conduct criminal procedures.

4. To assume the prime responsibility for, and coordinate with local People’s Committees, people’s armed forces and related agencies and units in, transporting temporarily seized or confiscated material evidences and vehicles to safe places in case of natural disasters or other cases which threaten the safety of material evidences and vehicles.

5. To propose and report the conditions of temporarily seized or confiscated material evidences and vehicles and plans for protecting, upgrading or repairing their storage places to the heads of their superior agencies or competent agencies.

Article 8. Tasks and powers of persons managing and preserving temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

1. To receive temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates according to decisions of competent persons; to classify temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates and report to heads of agencies managing and preserving temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates to arrange and take appropriate management and preservation measures.

2. To return temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates after obtaining decisions of competent persons.

3. To transfer temporarily seized or confiscated material evidences and vehicles to agencies competent to conduct criminal proceedings or to other agencies after obtaining decisions of competent persons.

4. To manage and preserve temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates strictly according to regulations.

5. To regularly inspect storage places; to promptly detect lost or damaged material evidences, vehicles, licenses and practice certificates (that have been temporarily seized) or detect unsafe storage places in order to take timely remedies.

6. To fully record the receipt, return, and transfer of temporarily seized material evidences, vehicles, licenses and practice certificates:

a) The hours and dates of receipt, return and transfer of temporarily seized material evidences, vehicles, licenses and practice certificates;

b) The conditions of temporarily seized material evidences, vehicles, licenses and practice certificates;

c) The serial numbers of decisions on, time of and reasons for temporary seizure or confiscation of material evidences, vehicles, licenses and practice certificates and full names and positions of persons signing the decisions and persons handing and receiving such material evidences, vehicles, licenses and practice certificates.

7. To make daily statistics of temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates and report to the heads of their agencies on:

a) Quantities of temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates;

b) Temporarily seized material evidences, vehicles, licenses and practice certificates already returned to their owners, managers or lawful users;

c) Quantities of temporarily seized material evidences, vehicles, licenses and practice certificates whose owners, managers or lawful users do not come to receive them back at the expiration of their temporary seizure duration;

d) Quantities of temporarily seized material evidences, vehicles, licenses and practice certificates already transferred to competent agencies;

dd) Quantities of material evidences, vehicles, licenses and practice certificates already damaged or lost;

e) Total quantities of material evidences, vehicles, licenses and practice certificates still temporarily seized.

Article 9. Responsibility for managing and preserving temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

1. Persons making seizure records shall manage and preserve temporarily seized material evidences, vehicles, licenses and practice certificates until handing over the material evidences, vehicles, licenses and practice certificates to persons directly managing and preserving.

2. Persons issuing decisions on temporary seizure or confiscation of material evidences, vehicles, licenses and practice certificates shall manage and preserve temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates. In case temporarily seized material evidences, vehicles, licenses and practice certificates are lost, illegally sold, fraudulently exchanged, damaged or have their parts lost or replaced, persons issuing decisions on temporary seizure or confiscation of material evidences, vehicles, licenses and practice certificates shall pay compensations and be handled in accordance with law.

3. Persons managing and preserving temporarily seized material evidences, vehicles, licenses and practice certificates shall take responsibility for directly managing and preserving temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates. In case temporarily seized material evidences, vehicles, licenses and practice certificates are lost, illegally sold, fraudulently exchanged, damaged or have their parts lost or replaced, the persons managing and preserving shall take responsibility before law and persons issuing decisions on temporary seizure or confiscation of material evidences, vehicles, licenses and practice certificates for the management and preservation of the temporarily seized material evidences, vehicles, licenses and practice certificates.

4. In case vehicles involved in administrative violations are assigned to violating organizations or individuals for keeping and preservation in accordance with Articles 14 and 15 of this Decree, persons competent to seize or confiscate administrative violation vehicles shall manage and preserve such vehicles until handing them to violating organizations or individuals for keeping and preservation.

Article 10. Rights of organizations and individuals with temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

1. To lodge complaints, denunciations, recommendations and reflections against illegal acts or decisions of competent persons to seize or confiscate material evidences, vehicles, licenses and practice certificates in accordance with the law on complaints and denunciations.

2. To inspect material evidences, vehicles, licenses and practice certificates upon receiving them back at the expiration of the temporary seizure duration.

3. To request persons managing temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates to make written records of the loss, fraudulent exchange, damage or deficit of such material evidences, vehicles, licenses and practice certificates during temporary seizure period, and request agencies of the persons managing material evidences, vehicles, licenses and practice certificates to pay compensations in accordance with law.

Article 11. Obligations of organizations and individuals with temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

1. To strictly observe decisions on temporary seizure or confiscation of material evidences, vehicles, licenses and practice certificates.

2. To receive back temporarily seized material evidences, vehicles, licenses and practice certificates within the time limit written in temporary seizure decisions.

3. To comply with the provisions of Point a Clause 4 Article 16 of this Decree.

Article 12. Receipt of temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

When receiving temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates, persons assigned to manage and preserve material evidences, vehicles, licenses and practice certificates shall:

1. Examine temporary seizure or confiscation decisions, temporary seizure or confiscation written records and other relevant papers.

2. Compare material evidences, vehicles, licenses and practice certificates with temporary seizure or confiscation written records and lists of their names, quantities, quality, volumes, types, trademarks and origin; the state of sealing (if any).

3. Record them in the monitoring book and request the persons handing over material evidences, vehicles, licenses and practice certificates to sign in the book.

Article 13. Management, preservation, handover and receipt of temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates

Heads of agencies managing and preserving shall, based on the nature of each type of temporarily seized or confiscated material evidences, vehicles, temporarily seized licenses and practice certificates, arrange and take proper measures to facilitate management and preservation.

1. For temporarily seized or confiscated material evidences and vehicles which are machinery or vehicles using petrol and oil or flammable and explosible fuel, when bringing in the storage place must be distanced from other material evidences, vehicles and fire sources, heat sources, fire or heat generating devices, ensuring to prevent and control fire and explosion, prepare conditions for firefighting.

2. For temporarily seized or confiscated material evidences and vehicles which are products and goods potential to cause environmental pollution, such products and goods must be stored in houses, warehouses or other storage places, ensuring safety without causing environmental pollution during storage period;

3. For temporarily seized or confiscated material evidences and vehicles which are dangerous flammable or explosible products and goods, toxic substances, radiative substances, such products and goods must be stored in houses, warehouses or other storage places, satisfying conditions for fire prevention and fighting, explosion and intoxication prevention, and prevention of radiation and environmental incidents.

4. Temporarily seized licenses or practice certificates shall be managed and preserved at the headquarters of agencies competent to temporarily seize and must be preserved and neatly arranged in document cabinets, ensuring anti-termite conditions, avoiding moisture, and away from high-temperature sources.

Article 14. Handover of vehicles involved in administrative violations to violators for storage and preservation

1. Except for cases prescribed in Clause 7 of this Article, persons competent to seize vehicles involved in administrative violations which are subject to temporary seizure to ensure execution of administrative sanctioning decisions may hand such vehicles to violating individuals or organizations for storage and preservation under the management of agencies competent to seize vehicles, if such violators satisfy either of the following conditions:

a) Violating individuals have permanent residence places or valid temporary residence books or written certifications of the agencies or units where they work; violating organizations have specific and clear operation addresses. Violating individuals and organizations have places for vehicle storage and preservation;

b) Violators have financial capability to deposit a bail.

2. Procedure of handover of vehicles involved in administrative violations to violators for storage and preservation

a) Violating individual or organization must make a written proposal and send it to the persons competent to seize to propose for keeping and preserving vehicles involved in administrative violations; clearly indicating the full name, personal identification number or identity card number, permanent and temporary residence address, occupation of the violating individual or name, address of violating organization, names, quantities, characteristics, types, numbers, trademarks, symbols, origins, manufacturing year, engine numbers, chassis numbers, capacity (if any), state of vehicles, places for storage and preservation as proposed by the organization or individual after being handed the vehicles for storage and preservation by the competent persons.

The violating individual must send the copy with the origin for comparison, or send notarized or certified copy of identity card or citizen’s identity card or written certification of the agency or organization where such individual is working; for violating organization, it must produce evidence papers on the address of its headquarter.

b) Within 02 working days after receiving the written proposal, the person competent to seize the vehicle shall consider handing over the vehicle to violating organization or individual for storage and preservation. For cases with complicated details that require longer time for verifying, within 03 working days after receiving the written proposal, the person competent to seize the vehicle shall consider handing over the vehicle to violating organization or individual for storage and preservation. In case of refusing to hand over the vehicle to violating organization or individual for storage and preservation, the reason must be clearly indicated;

c) Upon handover the vehicle for violating organization or individual for storage and preservation, the person competent to seize the vehicle must make a written record in which clearly indicating the name, quantity, origin, place for storage and preservation, state of the vehicle (if any) with the signatures of the violating organization or individual and the person competent to seize the vehicle; the term of storage and preservation of the vehicle by the violating organization or individual. Such a written record must be made in two copies, each party shall keep one copy.

Along with making the report of vehicle handover, the person competent to seize the vehicle shall temporarily seize the vehicle registration certificate for road vehicles, the railway vehicle registration certificate for railway vehicles and the domestic waterway vessel registration certificate for domestic waterway transport vessels (hereinafter referred to as the vehicle registration certificate) to ensure the execution of sanctioning decision, except for case the violating organization or individual has paid the bail. A written record must be made upon temporarily seizure of the vehicle registration certificate, clearly stating date of the seizure; full name and position of the person competent to seize the vehicle; name of organization or individual having its/his/her vehicle registration certificate seized, personal identification number or identity card number of the individual having his/her vehicle registration certificate seized; reason and term of the seizure. The written record must be made in two copies, each party shall keep one copy with the signature of both violating organization or individual and the person competent to seize.

The person competent to seize the vehicle involved in administrative violations shall hand over the vehicle to the violating organization or individual after completing the record and violating organization or individual comes to receive the vehicle for storage and preservation. An organization or individual assigned to store and preserve the vehicle shall take responsibility for bringing the vehicle to the place of preservation.

3. Within 02 working days from the date of handing over the vehicle to the violating organization or individual for storage and preservation, the agency of the person competent to seize the vehicle shall notify such storage and preservation to the People’s Committee of commune, ward or township where the vehicle is stored and preserved for coordinating in supervision and management.

4. During the storage and preservation period, the violating organization or individual is not allowed to use such vehicle to join traffic; or deliberately change the place of vehicle storage and preservation without the written approval of the person competent to seize the vehicle.

In case of natural disaster, fire or other risks that cause the situation that if not promptly transfer or change the storage and preservation place of the vehicle shall cause damage to the vehicle, such place of vehicle storage and preservation may be changed but after that, the person competent to seize the vehicle must be informed.

5. Within the vehicle storage and preservation period, if the organization or individual violates the regulations of Clause 4 of this Article, the person competent to seize the vehicle shall consider and decide to move such vehicle to the storage and preservation place of his/her agency.

The violating organization or individual shall take responsibility to take the vehicle to the temporary storage place in accordance with law provisions. In case the violating organization or individual is unable to take the vehicle to the temporary storage place or fails to voluntarily do so, the person competent to seize the vehicle shall organize the movement of the vehicle to the temporary storage place; the violating organization or individual shall have to cover the charge of vehicle movement to the temporary storage place.

6. During the period of storage and preservation of the vehicle involved in administrative violations, the violating organization or individual shall take responsibility for the loss, fraudulent exchange, sale, exchange, pledge, replacement, destruction or damage of vehicles, and be handled in accordance with law provisions.

7. Cases not subject to handover of vehicles involved in administrative violations to violators for storage and preservation:

a) Vehicles involved in violations are material evidences of criminal cases;

b) Vehicles have been used for illegal racing, resisting persons on duty, or causing public disorder or traffic accidents;

c) Vehicles have not been vehicle registration certificates or their registration certificates are forged or tampered;

d) Vehicles’ number plates are fake, or their chassis and engine numbers are illegally changed or removed;

dd) Vehicles will be subject to the additional sanction of confiscation of vehicles according to regulations.

Article 15. Deposition of a bail for vehicles temporarily seized according to administrative procedures

1. Violators that have financial capability to deposit a bail may be considered for vehicle storage and preservation.

2. Persons competent to seize vehicles involved in administrative violations may allow violators to deposit a bail for such vehicles.

3. Procedure of the deposit of a bail

a) Violating individual or organization must make a written proposal for deposit a bail for the vehicle and send to the person competent to seize to propose for keeping and preserving vehicle; clearly indicating the full name, personal identification number or identity card number, permanent and temporary residence addresses, occupation of the violating individual or name, address of violating organization, name, quantity, characteristic, type, numbers, trademark, symbol, origin, manufacturing year, engine and chassis numbers, capacity (if any), state of vehicle, place for storage and preservation as proposed by the organization or individual after being handed the vehicles for storage and preservation by the competent person.

b) Within 02 working days from the day of receipt of the written proposal for the deposit of a bail, the person competent to seize the vehicle shall consider and decide to allow the deposit of a bail or hand over the vehicle to violating organization or individual for storage and preservation. For cases with complicated details that require longer time for verifying, within 03 working days after receiving the written proposal for the deposit of a bail, persons competent to seize the vehicle shall consider and decide to allow the deposit of a bail or hand over the vehicle to violating organization or individual for storage and preservation. In case of refusing the deposit of a bail for temporarily seized vehicle, the reason must be clearly indicated.

After the person competent to seize the vehicle issues the decision on allowing the deposit of the bail, an organization or individual may deposit the bail directly or transfer it via the bank account of the agency competent to seize the vehicle. The bail must at least equal to the maximum fine of the fine bracket prescribed for the act of violation; if the violator commits many administrative violations in a case, the bail must at least equal to the total of maximum fine brackets prescribed for those acts of violation.

Written records must be made upon deposition of bails. The record must clearly state the place of making the record, date, month, year of depositing the bail, full name and position of person deciding to approve the bail; name of organization or individual depositing the bail, personal identification number or identity card number of individual depositing the bail; reason of the bail, the bail amount; term of the bail; responsibility of organization or individual depositing the bail. The record must bear the signature of the person deciding to approve the bail and the organization or individual depositing the bail. Such a written record must be made in two copies, and be kept by each party.

4. Within 02 days, from the receipt date of the bail, the person competent to seize the vehicle shall transfer the bail amount to the finance or accounting division for management; in case such person lets the bail lost or personally uses the bail, upon the characteristic and level of the violation, he/she shall be handled and reimburse such amount in accordance with law provisions. The written record shall be made upon the bail transfer to the finance or accounting divisions; stating the place of making the record, date, month, year of the bail transfer; full name and position of the transferor and the receiver; the amount transferred to the finance or accounting division. Such record must contain signatures of the bail transferor and the receiver. Such a written record must be made in two copies, kept by each party.

The deposited bail shall be returned to violators after they have completely executed sanctioning decisions. Written records must be made upon the return of bails. The record must clearly state the place of making the record, date, month, year of the bail return, full name and position of person deciding to return the bail; name of organization, individual receiving the bail, personal identification number or identity card number of the person receiving the bail; reason for receipt of the bail; amount of the received bail. The record must bear the signature of the person deciding to approve the bail and the organization or individual receiving the bail. Such a written record must be made in two copies, kept by each party.

5. After the organization or individual deposits the bail and completes the record as prescribed in Clause 3 of this Article, the person competent to seize the vehicle shall hand over the vehicle to the violating organization or individual; a written record must be made upon the handover of vehicle to violating organization or individual for storage and preservation as prescribed at Point c Clause 2 Article 14 of this Decree. During the storage and preservation period, the violating organization or individual who deposits the bail is not allowed to use such vehicle in transportation; or deliberately change the place of vehicle storage and preservation without the written approval of the person competent to seize the vehicle. If the organization or individual violates this regulation, the person competent to seize the vehicle shall consider and decide to move the vehicle to the temporary storage place as prescribed in Clause 5 Article 14 of this Decree.

6. Within 10 days from the expiry date of the sanctioning decision, if the organization or individual fails to comply with the sanctioning decision, the person with sanctioning competence shall issue a decision on deducting the guarantee deposit.

Within 02 working days from the date of issuing the decision to deduct the guarantee deposit, the person with sanctioning competence must send the decision to deduct the guarantee deposit to the sanctioned organization or individual at the address specified in the sanction decision.

In case the amount of guarantee deposit is larger than the fine amount, the remaining amount after deducting the fine amount shall be returned to the organization or individual that has deposit the bail. Written records must be made upon return of bails. The record must clearly state the place of making the record, date, month, year of return; full name and position of the person paying the excess amount; name of organization or individual receiving the money, personal identification number or identity card number of the person receiving the money; reason and amount received. Such written record must be made in two copies, kept by each party. The excess money shall be returned to the sanctioned organization or individual at the address indicated in the sanctioning decision. In case the organization or individual remitted the bail does not receive the excess amount, the bail shall be handled in accordance with relevant laws.

7. The decision on deduction of the deposited bail shall be used as a basis for identifying violating organization or individual who has complied with the decisions on sanctioning of administrative violations and being allowed to put the violating vehicle under storage and preservation in to use.

8. Within 05 working days after issuing a decision to deduct the deposited bail, the person with sanctioning competence must transfer the fine amount from the deduction into the state budget revenue account opened at the State Treasury.

Article 16. Returning temporarily seized material evidences, vehicles, licenses and practice certificates or transferring temporarily seized or confiscated material evidences and vehicles; charges for storage and preservation of temporarily seized material evidences and vehicles

1. The return of temporarily seized material evidences, vehicles, licenses and practice certificates or transfer of temporarily seized or confiscated material evidences and vehicles must be specified in the written decision of the persons competent to issue the temporary seizure decision.

2. Persons assigned to manage and preserve temporarily seized or confiscated material evidences, vehicles, licenses and practice certificates shall return or transfer material evidences, vehicles, if obtaining the decision on returning material evidences, vehicles, licenses or practice certificates, or the decision on transferring material evidences, vehicles according to the following order:

a) Check the decision on returning temporarily seized material evidences, vehicles, licenses or practice certificates or transferring material evidences, vehicles; check the citizen's identity card or identity card of the receiving person.

The person who receives the material evidences, vehicles, licenses or practice certificates must be the violator or the owner of the temporarily seized material evidences, vehicles, licenses or practice certificates, or the representative of the violating organization stated in the decision on temporary seizure of administrative violations material evidences, vehicles, licenses or practice certificates. If the owner, individual or organization authorizes another person to receive the material evidences, vehicles, licenses or practice certificates, he/she must make an authorization document in accordance with law provisions;

b) Request the recipients of temporarily seized material evidences, vehicles, licenses or practice certificates to check the types, quantities, volumes, quality, characteristics and conditions of material evidences, vehicles, licenses or practice certificates against the temporary seizure written records in the witness of managing persons. Written records must be made upon the handover and receipt of temporarily seized material evidences and vehicles;

c) If transferring temporarily seized or confiscated material evidences and vehicles to investigation agencies, specialized state management agencies or assessment agencies, persons managing and preserving such material evidences and vehicles shall make written records of their quantities, volumes, weight, characteristics, types, trademarks, origin and conditions of material evidences and vehicles. Written records shall be made in two copies to be signed and kept by the transferring and receiving parties;

d) For confiscated material evidences and vehicles, which have been established with public ownership or have plans on handling of properties approved by competent agencies or persons, agencies of persons who have issued confiscation decisions, shall coordinate with agencies assigned to assume the prime responsibility for handling properties, organizing the transfer of properties and dossiers and papers related to properties to receiving agencies or organizations.

3. Persons assigned to manage and preserve temporarily seized or confiscated material evidences, vehicles, licenses or practice certificates after returning seized material evidences and vehicles or after having transferred the material evidences, vehicles, licenses or practice certificates shall report to competent persons has previously issued the decision on temporary seizure or confiscation on the results of implementation.

4. Charges for storage and preservation of temporarily seized material evidences and vehicles

a) Violating organizations and individuals, when returning to take back temporarily seized material evidences and vehicles which are not subject to confiscation shall have to pay the expenses for storage and preservation of temporarily seized material evidences and vehicles for the temporary seizure period.

Owners of material evidences and vehicles do not have to pay the expenses for storage and preservation of temporarily seized material evidences and vehicles for the temporary seizure period if they are not at fault for administrative violations, or when material evidences and vehicles are confiscated, or when violators themselves store and preserve vehicles according to Articles 14 and 15 of this Decree.

b) Agencies of persons issuing the decision on temporary seizure of material evidences and vehicles in case of self-storing and preserving temporarily seized material evidences and vehicles or organizations hired by agencies of persons that issue the decision on temporary seizure of material evidences and vehicles for storage and preservation material evidences and vehicles shall be paid the expenses for storage and preservation of temporarily seized material evidences and vehicles for the temporary seizure period.

c) The expenses for storage and preservation of temporarily seized material evidences and vehicles during the temporary seizure period shall comply with the law on prices.

Article 17. Handling of material evidences, vehicles, licenses or practice certificates at the expiration of their temporary seizure duration

1. Handling of material evidences, vehicles, licenses or practice certificates at the expiration of their temporary seizure duration shall comply with Clauses 4, 4a and 4b Article 126 of the 2012 Law on Handling of Administrative Violations (amended and supplemented in 2020).

2. Persons issuing the decision on temporary seizure of material evidences, vehicles, licenses or practice certificates shall continue managing and preserving material evidences, vehicles, licenses or practice certificates in case of expiry of the temporarily seize duration but violators that are owners, managers or lawful users fail to come to receive or the violators cannot be identified and during the period of notification on the mass media until such material evidences and means are confiscated and handled as prescribed; and licenses and practice certificates are transferred to competent agencies for revocation in accordance with law.

3. After the administrative violation material evidences and vehicles have been confiscated under decisions of competent agencies or persons according to the provisions of law on handling of administrative violations, such material evidences and vehicles shall be handled according to the law on management and use of public property.

 

Chapter III

IMPLEMENTATION PROVISIONS

 

Article 18. Effect

1. This Decree takes effect from January 01, 2022.

2. This Decree replaces Decree No. 115/2013/ND-CP dated October 3, 2013, providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures and Decree No. 31/2020/ND-CP dated March 5, 2020, on amending and supplementing a number of articles of the Government’s Decree No 115/2013/ND-CP dated October 3, 2013, providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures.

Article 19. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities and concerned agencies shall be responsible for implementing this Decree.

 

 

ON BEHALF OF THE GOVERNMENT

THE PRIME MINISTER

 

 

 

Pham Minh Chinh


 

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