THE GOVERNMENT ---------- No. 31/2020/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness ------------ Hanoi, March 05, 2020 |
DECREE
On amending and supplementing a number of articles of the Decree No 115/2013/ND-CP dated October 03, 2013 of the Government providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures
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Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Penalties for administrative violations dated June 20, 2012;
At the request of the Minister of Public Security;
The Government hereby promulgates the Decree on amending and supplementing a number of articles of the Decree No 115/2013/ND-CP dated October 03, 2013 of the Government providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures
Article 1. To amend and supplement a number of articles of the Decree No 115/2013/ND-CP dated October 03, 2013 of the Government providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures
1. To amend and supplement Clause 3 Article 5 as follow:
“3. The Minister of Finance shall specify funds for the management and preservation of temporarily seized or confiscated material evidences and vehicles; and the charges for storage and preservation of temporarily seized material evidences and vehicles during the period of temporarily seized or confiscated.”
2. To amend and supplement Article 6 as follow:
“Article 6. Temporary storage places for temporarily seized or confiscated material evidences and vehicles
1. Temporary storage places for temporarily seized or confiscated material evidences and vehicles include houses, warehouses, wharves, storing yards, docks, ports, 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 this Article.
2. Conditions of temporary storage places which are houses, warehouses, storing yards
a) Ensure safety and security; having protecting fences, regulations for exit and entry, regulations on environmental protection, fire prevention and fighting;
b) Ensure to be dry and good ventilation. In case of using the outdoor temporary storage places of material evidences and vehicles, such places must have covering roofs or other measures to prevent rain and sunlight;
c) Have lighting equipment system; equip measures and devices for fire prevention and fighting, appropriate technical equipment for management and preservation of temporarily seized or confiscated material evidences and vehicles.
3. Conditions of temporary storage places which are wharves, docks and ports
a) Ensure safety and security; having protecting fences, regulations for exit and entry, regulations on environmental protection, fire prevention and fighting and other conditions as prescribed in point b, c of Clause 2 this Article within the area of temporary storage places of material evidences and vehicles.
b) For the temporary storage place which is domestic wharves, besides the conditions as prescribed in point this Clause, it must have anchorage equipment for vehicles, have regulations for exit and entry the wharves, for arrangement and anchorage of vehicles.
4. For temporary storage places which are agencies offices or cases as prescribed in Clause 2 Article 13 of this Decree, 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 to serve the management and preservation of temporarily seized or confiscated material evidences and vehicles.
5. Arrangement of temporary storage places for temporarily seized or confiscated material evidences and vehicles
a) The temporary storage place of material evidences and vehicles may be the temporary storage place of a particular agency or a shared temporary storage place of many competent authorities in temporarily seize material evidences and vehicles of violations.
Based on local characteristics and proposals of agencies competent to seize material evidences and vehicles, provincial level People’s Committee chairpersons 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. For agencies that have to regularly store material evidences and vehicles, provincial-level People’s Committees shall implement the construction their own storage places;
b) In case agencies competent to seize material evidences and vehicles have not get sufficient 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 deciding up on agreement; the hiring of the temporary storage place must be operating under contract in accordance with provisions of the Civil Code;
c) In case of seize material evidences and vehicles in small quantity or material evidences and vehicles is small objects and be considered as not necessary to transfer to temporary storage place 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 the office. In this case, the person competent to seize material evidences and vehicles shall arrange and assign temporarily seized or confiscated material evidences and vehicles to officer to directly conduct the management and preservation.
6. Provincial-level People’s Committees 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 and 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 officer to carry out the material evidences and vehicles’ management and preservation.
) In case the temporary storage place of material evidences and vehicles is the shared storage of different agencies in the locality, the assignment of officer to carry out the material evidences and vehicles’ management and preservation shall be implement in accordance with decision of the Chairperson of the People s Committee at the same level or up on agreement between those agencies.”
3. To amend and supplement Clause 3 Article 11 as follow:
“3. To comply with regulation as prescribed in point a Clause 5 Article 16 this Decree.”
4. To amend and supplement Clause 1 and 2 Article 13 as follow:
“1. Persons assigned to manage and preserve temporarily seized or confiscated material evidences and vehicles shall classify such material evidences and vehicles and report to the head of agencies assigned to directly manage and preserve material evidences and vehicles for proper arrangement and measures to facilitate management and preservation work.
a) For temporarily seized or confiscated material evidences and vehicles which are machinery or vehicles use petrol and oil or flammable and explosible fuel, when bring in the storage place must be distanced to the fire source, heat source, fire or heat generating devices, ensure to prevent and control fire and explosion, prepare conditions for firefighting;
b) 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 place ensuring safety and not to cause environmental pollution during storage period;
) 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 storage in houses, warehouses or other storage place ensure to prevent and fighting fire, prevent explosion, prevent intoxication, prevent radiation and environmental incidents.
2. In case of seizing material evidences and vehicles while agencies competent to temporarily seize material evidences and vehicles have insufficient technical conditions for transporting such material evidences and vehicles to storage places, or when storage places lack necessary conditions for their preservation, persons competent to issue temporary seizure decisions, on the basis of practical requirements may assign People’s Committees of communes, wards or townships which have sufficient conditions for management or preservation where the administrative violations occurred or where the temporarily seized material evidences and vehicles are located or assign individuals or organizations owning the temporarily seized material evidences and vehicles to manage and preserve them if seeing that this assignment will not affect the handling of administrative violations.
People’s Committees of communes, wards or townships or individuals or organizations assigned to manage and preserve material evidences and vehicles should arrange storage places and implement measures and requirements as specified in Clause 4, Article 6 of this Decree and shall take all necessary measures to manage and preserve such material evidences and vehicles and strictly observe decisions of temporary seizure decision issuers; The above mentioned entities shall take responsibility before law for any loss of or damage to material evidences and vehicles caused at their fault.”
5. To amend and supplement Article 14 as follow:
“Article 14. Handover of vehicles involved in administrative violations to violators for storage and preservation
1. Except for cases as 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 violators for storage and preservation under the management of agencies competent to seize vehicles if violators satisfy either of the following conditions:
a) Violating individuals have permanent residence 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 that have financial capability to deposit a bail may be considered for vehicle storage and preservation.
2. Procedure of handover of vehicles involved in administrative violations to violators for storage and preservation
a) Violating individuals and organizations shall have to make a written proposal and send to the agencies of the persons competent to seize to propose for keeping and preserving vehicles; in which clearly indicating the full name, address, occupation of the violating individual or name, address of violating organization, names, quantities, characteristics, types, numbers, trademarks, symbols, origins, manufacturing year, engine numbers, vehicle identification numbers, volumes (if any), state of vehicles, places for storage and preservation as proposed by the organizations and individuals after be handover the vehicles to storage and preservation by the competent authority.
The violating individual must supplement the origin copy or the copy must be sent with the origin for collate or notarized or certified copy of the household books, temporary residence books or identity card or citizen identification card or certified papers on the agencies, organizations where such individual working at; for violating organization, it must produce evidence papers on the address of the headquarter of such organization.
In case the household books or temporary residence books replaced by individual identification number for management, violating individuals shall provide identification number for agencies of persons competent to seize the vehicle when submit the written proposal;
b) Within 02 days from the day of receipt the written proposal, agencies of persons competent to seize the vehicle shall consider to handover the vehicles to violating organizations, individuals for storage and preservation. For cases with complicated details that require longer time for verifying, within 03 days from the day of receipt the written proposal, agencies of persons competent to seize the vehicle shall consider to handover the vehicles to violating organizations, individuals for storage and preservation. In case of refuse to handover the vehicles to violating organization, individual for storage and preservation, the reason must be clearly indicated.
Agencies of persons competent to seize the vehicle shall take responsibility to manage and preserve the violating vehicles from the issuance date of the seize decision to handover of the vehicles to violating organization, individual for storage and preservation.
c) Up on handover the vehicle for violating organizations, individuals hold and preserve, the person competent to seize the vehicle must make the written record in which clearly indicating the names, quantities, origins, places for storage and preservation, state of vehicles (if any) with the signature of violating organization, individual and the person competent to seize the vehicles; the term of storage and preservation the vehicle by the violating organization, individual. Such a written record must be made in two copies, each party keeping one copy.
Along with making the report of vehicle handover, the persons competent to seize the vehicle shall temporarily seize the vehicle register certificate to ensure the implementation of the sanction impose decision, except for case the violating organization, individual have paid the bail. Written records must be made upon temporarily seize of the vehicle register certificate, in which clearly states date of the seizure; full name and position of the person competent to seize the vehicle; name of organization, individual be seized the vehicle register; reason and term of the seizure. The written record must be made in two copies, each party keeping one copy with the signature of both violating organization, individual and the persons competent of seizure.
The persons competent to seize the vehicle shall handover the vehicle to the violating organization, individual after complete the record and violating organization, individual come to receipt the vehicle for storage and preservation. Organization, individual receipt the vehicle handover for storage and preservation shall take responsibility to bring the vehicle to the place of preservation.
3. Within 02 days from the date of handover the vehicle to the violating organization, individual for storage and preservation, agencies competent to seize vehicles shall notify such storage and preservation to People’s Committees of communes, wards or townships where vehicles are stored and preserved for coordinated supervision and management.
4. During the term of storage and preservation, the violating organization, individual are not allowed to use such vehicle in transportation; not to deliberately change the place of vehicle storage and preservation without the written approval of the persons competent of 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 persons competent to seize the vehicle must be informed.
5. Within the term of vehicle storage and preservation, if the organization, individual violate the regulation in Clause 4 this Article, the persons competent to seize the vehicle shall consider and decide to move such vehicle to the storage and preservation place of the agency competent to seize the vehicle.
The violating organization, individual shall take responsibility to take the vehicle to the temporary storage place in accordance with law provisions. In case the violating organization, individual are unable to take the vehicle to the temporary storage place or not voluntarily comply, the persons competent to seize the vehicle shall implement the movement of the vehicle to the temporary storage place; the violating organization, individual shall have to cover the charge of vehicle movement to the temporary storage place.
6. During the storage and preservation of vehicles involved in administrative violations, the violating organization, individual shall take responsibility for the loss, fraudulent exchange, sale, exchange, pledge, replace, destroy or damage of vehicles, and be handled in accordance with law provisions.
7. Cases of not 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’ registration certificates are forged or tampered with;
d) Vehicles’ number plates are fake, or their frame and engine numbers are illegally changed or removed.
6. To amend and supplement Article 15 as follow:
“Article 15. Deposition of a bail for vehicles temporarily seized according to administrative procedures
1. b) 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 a bail
a) Violating individuals and organizations shall have to make a written proposal for deposit a bail for the vehicle and send to the agencies of the persons competent to seize to propose for keeping and preserving vehicles; in which clearly indicating the full name, address, occupation of the violating individual or name, address of violating organization, names, quantities, characteristics, types, numbers, trademarks, symbols, origins, manufacturing year, engine numbers, vehicle identification numbers, volumes (if any), state of vehicles, places for storage and preservation as proposed by the organizations and individuals after be handover the vehicles to storage and preservation by the competent authority.
b) The time duration to consider and decide on allow organization, individual deposit a bail for vehicle, on handover the vehicle to violating organization, individual for storage and preservation and responsibility of management and preservation of violating vehicle during the time of consider and decide to handover the vehicle to violating organization, individual for storage and preservation shall comply with regulation prescribed in point b Clause 2 Article 14 of this Decree;
c) After the persons competent to seize the vehicle issued the decision on allow the deposit of the bail, organization, individual can remit the bail directly or 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 a number of 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. In the record must clearly state date, month, year of deposit the bail, full name and position of person decided on approval of the bail; name of organization, individual deposit the bail; reason of the bail, the bail amount; term of the bail; responsibility of organization, individual deposit the bail. The record must bear the signature of the person decided on approval of the bail and organization, individual deposit the bail. Such written record must be made in two copies, each party keeping one copy.
4. Within 02 days, from the receipt date of the bail, the persons competent to seize the vehicle shall transfer the bail amount to the finance or accounting division for management; in case the persons competent to seize the vehicle loss or personally use the bail, up on the characteristic and level of the violation shall be handled and must offset such amount in accordance with law provisions. The written record shall be made up on the bail transfer to the finance or accounting divisions; in which clearly states 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 written record must be made in two copies, each party keeping one copy.
The deposited bail will be returned to violators after they have completely executed sanctioning decisions. Written records must be made upon return of bails. In the record must clearly state the date, month, year of the bail return; full name and position of the person decide to return the bail; name of organization, individual receipt the bail return; reason for receipt of the bail return; amount of the bail return. The record must bear the signature of the person decided on approval of the bail and organization, individual receive the bail return. Such written record must be made in two copies, each party keeping one copy.
5. A written record must be made up on handover vehicles to violating organization, individual for storage and preservation as prescribed in point c, Clause 2, Article 14 of this Decree.
The persons competent to seize the vehicle shall handover the vehicle to the violating organization, individual after complete the record and violating organization, individual come to receipt the vehicle for storage and preservation. Organization, individual receipt the vehicle handover for storage and preservation shall take responsibility to bring the vehicle to the place of preservation.
6. During the term of storage and preservation, the violating organization, individual who deposit the bail are not allowed to use such vehicle in transportation; not to deliberately change the place of vehicle storage and preservation without the written approval of the persons competent of seize the vehicle. If the organization, individual violate 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 this Decree.
7. Within 10 days, from the date of expiry 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 according to the Form in the Appendix enclosed together with this Decree.
Within 02 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 before. Written records must be made upon return of bails. The record must clearly state the date, month and year of return; full name and position of the payee; name of organization or individual receiving the money; reason and amount received. Such written record must be made in two copies, each party keeping one copy. The excess money shall be returned to the sanctioned organizations and individuals at the address indicated in the sanctioning decision.
8. The decision on deduction of the deposited bail shall serve as a basis for identifying violating organizations and individuals have complied with decisions on sanctioning of administrative violations and being allowed to put the violating vehicle being storage and preservation in to use.
9. No longer than 05 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 or the commercial bank where the State Treasury authorizes the collection of the fine which inscribed in the sanctioning decision.”
7. To amend and supplement Article 16 as follow:
“Article 16. Returning temporarily seized material evidences and vehicles or transferring temporarily seized or confiscated material evidences and vehicles; collection, remittance, management and use of the charges for storage and preservation of temporarily seized material evidences and vehicles
1. Returning temporarily seized material evidences and vehicles or transferring temporarily seized or confiscated material evidences and vehicles must have written decision of the persons competent to issue the temporarily seized decision.
2. Persons assigned to manage and preserve temporarily seized or confiscated material evidences and vehicles shall implement the returning temporarily seized material evidences and vehicles or transferring temporarily seized or confiscated material evidences and vehicles in the procedure as follow:
a) Check the decision on returning temporarily seized material evidences and vehicles or transferring temporarily seized or confiscated material evidences and vehicles; check the citizenship or identity card of the collecting person.
The person who receives the material evidences and vehicles must be the violator or the owner of the temporarily seized material evidences and vehicles, or the representative of violating organization committing an administrative violation stated in the decision on temporary seizure of administrative violations material evidences and vehicles. If the above mentioned individual or organization authorizes another person to receive the material evidence or vehicles, he/she must make an authorization document in accordance with law provisions;
b) Request the recipients of temporarily seized material evidences and vehicles to check the types, quantities, volumes, quality, characteristics and conditions of material evidences and vehicles against the temporary seizure written records in the witness of managing officers. 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 in two copies to be signed and kept by the transferring and receiving parties; 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 the public ownership or have been approved the plans on handling of properties by competent agencies or persons, agencies of persons who have issued confiscation decisions in previously, shall coordinate with agencies assigned to assume the prime responsibility for handling properties, organize the transfer of properties and dossiers and papers related to properties to receiving agencies or organizations.
3. When taking material evidences and vehicles out of their storage places and return to the receiver, recipients shall take responsibility for the loss or change of such material evidences and vehicles.
4. Persons who are assigned the task of managing and preserving material evidences and vehicles after returning temporarily seized material evidences and vehicles or after transferring temporarily seized material evidences and vehicles shall report to the authority has previously issued the decision on temporarily seized or confiscation on the results.
5. Collection, remittance, management and use of the 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 in time of temporarily seized.
Owners of material evidences and vehicles do not have to pay the expenses for storage and preservation of temporarily seized material evidences and vehicles in time of temporarily seized 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 for expenses for storage and preservation of temporarily seized material evidences and vehicles in time of temporarily seized.
c) The expenses for storage and preservation of temporarily seized material evidences and vehicles in time of temporarily seized; collection, remittance, management and use of the charges for storage and preservation of temporarily seized material evidences and vehicles shall be implemented in accordance with regulation of the Ministry of Finance.
8. To amend and supplement Article 17 as follow:
“Article 17. Handling of administrative violations material evidences and vehicles at the expiration of their temporary seizure duration
1. Within 03 days from the expiry of the temporarily seize duration of the administrative violations material evidence and vehicles as prescribed in the temporarily seize decision, if violators fail to receive back administrative violation material evidences and vehicles without a plausible reason or when violators cannot be identified, persons issuing temporary seizure decisions shall make announcements in central mass media or local mass media in the localities where material evidences and vehicles are temporarily seized and at the head offices of agencies of persons competent to seize material evidences and vehicles; after 30 days after the last date of announcement on the mass media, if violators do not come to receive back material evidences and vehicles or the violators cannot be identified, competent persons shall issue decisions to confiscate such material evidences and vehicles for handling as prescribed in Article 82 of the Law on Handling of Administrative Violations and other relevant laws.
Agencies of persons issuing the decision on temporary seizure of material evidences and vehicles shall continue managing and preserving material evidences and vehicles in case of expiry the temporarily seize duration but violators fail to come to receive or the violators cannot be identified and during the period of public announcement and notification on the mass media until such material evidence and means are confiscated and handled in accordance with law provisions.
2. After the administrative violation material evidences and vehicles be confiscated by confiscation decision of competent persons according to the provisions of law on handling of administrative violations and the public ownership be established, such material evidences and vehicles shall be handled according to the order and procedures prescribed in the Law on Management and Use of Public Property and the documents detailing the implementation.”
Article 2.To repeal Clause 4 Article 7, Clause 1 Article 19 of the Decree No 115/2013/ND-CP dated October 03, 2013 of the Government providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures
Article 3. Implementation provisions
1. This Decree takes effect on May 01, 2020.
2. To issue together with this Decree the Appendix on Form of the Decision on deduction of the deposited bail.
3. In case legal documents, provisions of legislative documents cited in this Decree are amended, supplemented or replaced, the cited contents shall also be adjusted and comply with the amended, supplemented or replaced documents.
Article 4. Implementation responsibilities
Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of the People’s Committees of all level, relevant agencies, organizations, individuals shall be responsible for the implementation of this Decree./.
For THE GOVERNMENT
The Prime Minister
Nguyen Xuan Phuc
Vietnamese
Decree 31/2020/NĐ-CP DOC (Word)
Decree 31/2020/NĐ-CP PDF (Original)
