Decree No. 31/2020/ND-CP amending the Decree No 115/2013/ND-CP

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ATTRIBUTE

Decree No. 31/2020/ND-CP dated March 05, 2020 of the Government 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
Issuing body: GovernmentEffective date:
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Official number:31/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:
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Issuing date:05/03/2020Effect status:
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Fields:Administration , Administrative violation

SUMMARY

Individual wish to storage and preservation of violating vehicle must make an application

On March 05, 2020, the Government promulgates the Decree No. 31/2020/ND-CP 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.

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

In case the violator wish to storage and preservation of violating vehicle, they must make an application and submit to agencies of the competent person to propose for storage and preservation of vehicles. The application must clearly state information about the violating person and vehicle. Simultaneously, enclose a notarized or certified copy of household book or temporary residence book or identification card...

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.

This Decree takes effect on May 01, 2020.

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Effect status: Known

THE GOVERNMENT

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No. 31/2020/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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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

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