Nghị định 138/2021/NĐ-CP bảo quản tang vật phương tiện vi phạm hành chính bị tạm giữ tịch thu mới nhất
GOVERNMENT
——-
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————-
No. 138/2021/ND-CP
Hanoi, December
31, 2021
DECREE
MANAGEMENT
AND MAINTENANCE OF TEMPORARILY AND PERMANENTLY CONFISCATED EXHIBITS AND VEHICLES
INVOLVED IN ADMINISTRATIVE VIOLATIONS AND TEMPORARILY CONFISCATED LICENSE FOR
OPERATION UNDER ADMINISTRATIVE PROCEDURES
Pursuant to Law on Governmental Organization
dated June 19, 2015; Law on amendments to Law on Government Organization and
Law on Local Governmental Organization dated November 22, 2019;
Pursuant to the Law on Imposing Penalties for
Administrative Violations dated June 20, 2012; Law on amendment to the Law on
Imposing Penalties for Administrative Violations dated November 13, 2020;
At request of Minister of Public Security;
The Government promulgates Decree on management
and maintenance of temporarily and permanently confiscated exhibits and
vehicles involved administrative violations and temporarily confiscated license
for operation under administrative procedures.
Chapter I
GENERAL PROVISIONS
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1. This Decree prescribes the management and
maintenance of exhibits and vehicles of administrative violations temporarily
or permanently confiscated under administrative procedures (hereinafter
referred to as “temporarily and permanently confiscated exhibits and
vehicles”), license for operation temporarily confiscated under administrative
procedures (hereinafter referred to as “temporarily confiscated license for operation”);
responsibilities and powers of agencies, individuals managing, maintaining
temporarily and permanently confiscated exhibits and vehicles, and temporarily
confiscated license of operation; rights and powers of agencies, organizations,
and individuals whose exhibits, vehicles are permanently or temporarily
confiscated or license of operation is temporarily confiscated.
2. The management and maintenance of exhibits and
vehicles of administrative violations that are Vietnamese currency, foreign
currency, documents, papers relating to assets, financial instruments, gold,
silver, jewels, precious metal, narcotics, weapons, explosive precursor
substances, explosive ordinances, combat gears, objects of historical values or
cultural values, national treasures, antiques, rare forestry products, animals,
plants, perishable goods, items, objects whose sale is prohibited, and other
assets are not the scope of this Decree but instead are compliant with the Law
on Imposing Penalties for Administrative Violations.
Article 2. Regulated entities
1. Vietnamese and foreign organizations and
individuals whose exhibits and vehicles are permanently or temporarily
confiscated, license of operation is temporarily confiscated.
2. Agencies, organizations, and individuals relating
to the management and maintenance of temporarily and permanently confiscated
exhibits and vehicles, and temporarily confiscated license of operation.
Article 3. Rules on managing
and maintaining temporarily and permanently confiscated exhibits and vehicles,
temporarily confiscated license of operation
1. Temporarily and permanently confiscated exhibits
and vehicles must be closely and safely managed, maintained, and arranged in a
reasonable manner to enable easy inspection, avoid confusion, and prevent
environmental pollution and disease spread.
2. Temporarily and permanently confiscated exhibits
and vehicles must remain their integrity without taking into account the
depreciation caused by objective causes such as weather, humidity, etc.
3. Temporarily confiscated license of operation
must be closely and safety managed, maintained, and arranged in a reasonable
manner to enable easy inspection, avoid confusion, and maintain its integrity.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article 4. Prohibited acts
1. Appropriation, sale, exchange, mortgaging,
hypothecation, replacement, or illegitimate use of the temporarily and
permanently confiscated exhibits or vehicles, or temporarily confiscated
license of operation and other acts for personal gains.
2. Violation of regulations on sealing temporarily
and permanently confiscated exhibits and vehicles; transport of temporarily
confiscated exhibits and vehicles, temporarily confiscated license of operation
out of detention without permission of competent authority.
3. Intentional or unintentional actions that result
in the loss or damage of temporarily and permanently confiscated exhibits or
vehicles, or temporarily confiscated license of operation.
Article 5. Funding for
management and maintenance of temporarily and permanently confiscated exhibits
and vehicles, temporarily confiscated license of operation
1. Funding for management and maintenance of
temporarily and permanently confiscated exhibits and vehicles includes:
a) Expenditure on constructing, repairing,
expanding, upgrading facilities, or hiring detention locations;
b) Expenditure on procuring equipment and vehicles
necessary for management, maintenance, transport, deliver, receipt, and
assessment of temporarily and permanently confiscated exhibits and vehicles;
c) Expenditure on issuing notices on mass media and
informing offenders, owners, individuals legally managing or using temporarily
confiscated exhibits and vehicles;
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Funding for management and maintenance of
temporarily confiscated license of operation includes: Expenditure on procuring
equipment and vehicles necessary for management, maintenance, transport,
deliver, receipt, and assessment of temporarily confiscated license of
operation, and other expenditure as per the law.
3. Funding for management and maintenance of
temporarily and permanently confiscated exhibits and vehicles, temporarily
confiscated license of operation shall be guaranteed by the Law on State Budget
and applicable budget management levels.
4. Minister of Finance shall elaborate on funding
for management and maintenance of temporarily and permanently confiscated
exhibits and vehicles, temporarily confiscated license of operation.
Chapter II
MANAGEMENT AND
MAINTENANCE OF TEMPORARILY AND PERMANENTLY CONFISCATED EXHIBITS AND VEHICLES OF
ADMINISTRATIVE VIOLATIONS, AND TEMPORARILY CONFISCATED LICENSE OF OPERATION
Article 6. Location for
detention of temporarily and permanently confiscated exhibits and vehicles and
temporarily confiscated license of operation
1. Location for detention of temporarily and
permanently confiscated exhibits and vehicles shall be buildings, warehouses,
storage, ports, seaport waters, head offices of agencies, or other locations
decided by competent individuals and must satisfy requirements under Clauses 2,
3, and 4 of this Article.
Location for detention of temporarily confiscated
license of operation shall be head offices of individuals who produce records
of temporary confiscation or individuals issue decisions on temporary
confiscation.
2. Locations for detention that are buildings,
warehouses, and storage must
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(028) 3930 3279
DĐ:
0906 22 99 66
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b) remain dry and well-ventilated. If detention
locations are outdoors, install roofs or take other sheltering measures;
c) be equipped with lighting system, fire fighting,
prevention equipment and facilities, technical equipment and vehicles suitable
for management and maintenance of each type of temporarily and permanently
confiscated and vehicle;
d) satisfy safety requirements regarding fire
safety, and prevent poisoning, radiation, environmental incident (for
buildings, storage that are used for management and maintenance of temporarily
and permanently confiscated exhibits and vehicles that pose risk of fire,
explosion, toxic substances, or radioactive substances).
3. Locations for detention that are ports, docks,
and seaport waters must
a) ensure safety, security, order, and regulations
on entry, exit, environmental protection, fire prevention and control, and
requirements under Point b and Point c Clause 2 of this Article within the
detention areas of temporarily and permanently confiscated exhibits and
vehicles;
b) install equipment that allows anchoring of
vehicles, be subject to regulations on entry, exit of docks and seaport waters,
arrangement, and anchoring of vehicles in addition to satisfying requirements
under Point a of this Clause (for inland waterway docks and seaport waters).
4. Locations for detention that are head offices of
agencies must be subject to security, order, safety, fire prevention and
control measures, dry, well-ventilated, installed with lighting system, and
appropriate vehicles and equipment.
5. Arrangement of locations for detention of
temporarily and permanently confiscated exhibits and vehicles
a) Arrangement of common detention locations:
Chairpersons of People’s Committees of provinces and central-affiliated cities
shall, on the basis of request of competent authorities entitled to detain
temporarily or permanently confiscated exhibits and vehicles, decide to build
locations for detaining common exhibits and vehicles of the competent
authorities with form and design scale of detention satisfying requirements for
management and maintenance of exhibits and maintenance;
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(028) 3930 3279
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0906 22 99 66
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c) In case agencies of competent individuals
entitled to detain temporarily and permanently confiscated exhibits and
vehicles are unable to construct detention locations with sufficient scale and
safety requirements, the agencies may rent detention locations. Rental rate and
price shall be agreed upon without exceeding the price regulated by the
People’s Committees of provinces and central-affiliated cities; rental
agreements must be produced in accordance with the Civil Code;
d) In case temporarily and permanently confiscated
exhibits and vehicles are small in size or quantity and the transport thereof
to detention locations such as buildings, storage, or warehouses, competent
individuals entitled to detain exhibits and vehicles may decide to detain the
exhibits and vehicles at their head offices. In this case, competent
individuals entitled to detain temporarily and permanently confiscated exhibits
and vehicles must arrange and assign the exhibits and vehicles to individuals
directly in charge of management.
6. People’s Committees of provinces and
central-affiliated cities are responsible for organizing and managing common
detention locations or assigning an agency to do so. Agencies in provinces
where locations for detention of temporarily and permanently confiscated
exhibits and vehicles are situated or agencies assigned to manage common
detention locations must designate personnel to manage and maintain the
exhibits and vehicles, to be specific:
a) In case locations for detention of temporarily
and permanently confiscated exhibits and vehicles are separate locations
belonging to agencies, heads of the agencies shall designate personnel to
manage and maintain the exhibits and vehicles;
b) In case locations for detention of temporarily
and permanently confiscated exhibits and vehicles are common locations,
personnel assigned to manage and maintain the exhibits and vehicles shall be
decided by Chairpersons of People’s Committees of the same levels on the basis
of agreement between local agencies.
Article 7. Tasks and powers of
heads of agencies managing, maintaining temporarily and permanently confiscated
exhibits and vehicles, temporarily confiscated license of operation
1. Direct, monitor, examine, and supervise the
implementation of solutions for managing and maintaining temporarily and
permanently confiscated exhibits and vehicles, temporarily confiscated license
of operation.
2. Assign personnel to manage and maintain
temporarily and permanently confiscated exhibits and vehicles, temporarily
confiscated license of operation depending on conditions of detention
locations.
3. Promptly inform individuals who issue detention
decisions in writing about cases where the detention or temporary confiscation
period expires, or the statute of limitations of the decisions imposing
penalties expires, or exhibits, vehicles, and license of operation have been
decided to be returned to the violating organizations and individuals that do
not reclaim the exhibits, vehicles, license, or the exhibits, vehicles, license
is missing or damaged; any sign of criminal activities must be immediately
reported to competent authorities entitled to conduct criminal proceeding.
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(028) 3930 3279
DĐ:
0906 22 99 66
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5. Propose and report situations, solutions for
protecting, upgrading, and repairing detention locations of temporarily and
permanently confiscated exhibits and vehicles to the superior or competent
agencies.
Article 8. Tasks and powers of
individuals managing, maintaining temporarily and permanently confiscated
exhibits and vehicles, temporarily confiscated license of operation
1. Receive temporarily and permanently confiscated
exhibits and vehicles, temporarily confiscated license of operation according
to decisions of competent individuals; classify temporarily and permanently
confiscated exhibits and vehicles and temporarily confiscated license and
report to heads of agencies assigned to manage and maintain temporarily and
permanently confiscated exhibits and vehicles and temporarily confiscated
license for arrangement and appropriate management, maintenance solutions.
2. Return temporarily and permanently confiscated
exhibits and vehicles and temporarily confiscated license according to
decisions of competent individuals.
3. Transfer temporarily and permanently confiscated
exhibits and vehicles to competent authorities entitled to perform criminal
proceeding or other authorities according to decisions of competent
authorities.
4. Manage and maintain temporarily and permanently
confiscated exhibits and vehicles and temporarily confiscated license as per
the law.
5. Regularly inspect detention locations; promptly
discover temporarily and permanently confiscated exhibits and vehicles and
temporarily confiscated license that are missing, damaged and detention
locations in unsafe conditions.
6. Fully record the receipt, return, and transport
of temporarily confiscated exhibits, vehicles, and temporarily confiscated
license of operation in terms of:
a) Hour and date of receipt, return, and transfer
of temporarily confiscated exhibits and vehicles and temporarily confiscated
license;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Number of decisions, time and reason of
detention, confiscation and full name, title of individuals signing the
decisions; individuals handing over and receiving the temporarily confiscated
exhibits and vehicles and temporarily confiscated license.
7. Produce statistical reports and submit to heads
of agencies managing and maintaining temporarily and permanently confiscated
exhibits and vehicles and temporarily confiscated license on a daily basis,
including information on:
a) Number of temporarily and permanently
confiscated exhibits and vehicles and temporarily confiscated license;
b) Temporarily and permanently confiscated exhibits
and vehicles and temporarily confiscated license that have been returned to the
offenders, owners, individuals legally managing or using the exhibits,
vehicles, and license;
c) Number of temporarily and permanently
confiscated exhibits and vehicles and temporarily confiscated license whose
detention, temporary confiscation period has expired without being reclaimed by
the offenders, owners, individuals legally managing or using the exhibits,
vehicles, and license;
d) Number of temporarily and permanently
confiscated exhibits and vehicles and temporarily confiscated license
transferred to competent agencies;
dd) Number of temporarily and permanently
confiscated exhibits and vehicles and temporarily confiscated license that have
been damaged, lost, or missing;
e) Total number of temporarily and permanently
confiscated exhibits and vehicles and temporarily confiscated license that are
currently being temporarily confiscated.
Article 9. Responsibilities in
managing and maintaining temporarily and permanently confiscated exhibits and
vehicles, temporarily confiscated license of operation
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Individuals issuing decisions on detention and
confiscation are responsible for managing and maintaining temporarily and
permanently confiscated exhibits and vehicles and temporarily confiscated
license of operation. In case temporarily confiscated exhibits or vehicles or
temporarily confiscated license of operation is missing, illegally sold,
swapped, damaged, having missing parts, or replaced, individuals issuing
decisions on detention, confiscation, and temporary confiscation are
responsible for paying the damages and compensation and being met with actions
taken as per the law.
3. Individuals managing and maintaining temporarily
confiscated exhibits, vehicles, and temporarily confiscated license of operation
are responsible for managing, maintaining temporarily confiscated exhibits,
vehicles, and temporarily confiscated license of operation. In case temporarily
confiscated exhibits, vehicles, or temporarily confiscated license of operation
is missing, illegally sold, swapped, damaged, containing missing parts, or
replaced, assume responsibilities to the law and individuals issuing decisions
on detention, temporary confiscation for managing, maintaining temporarily
confiscated exhibits, vehicles, and temporarily confiscated license of
operation.
4. In case traffic vehicles involved in
administrative violations are assigned to organizations or individuals
committing the violations for management and maintenance in accordance Article
14 and Article 15 of this Decree, competent individuals entitled to detain
vehicles are responsible for managing and maintaining the vehicles involved in
administrative violations from the date on which the vehicles are temporarily
confiscated until the date on which the vehicles are transferred to the
violating organizations, individuals.
Article 10. Rights of
organizations and individuals that own temporarily and permanently confiscated
exhibits and vehicles, temporarily confiscated license of operation
1. Complain, accuse, recommend, and provide
feedback regarding illegitimate actions or decisions of competent individuals
entitled to detain, confiscate exhibits and vehicles, suspend license of
operation in accordance with regulations and law on complaint and accusation.
2. Examine prior to reclaiming temporarily
confiscated exhibits and vehicles and temporarily confiscated license of
operation when the detention period expires.
3. Request individuals managing, maintaining
temporarily and permanently confiscated exhibits and vehicles and temporarily
confiscated license of operation to produce records on the loss, swap, damage
of the items or parts thereof that occurs during the detention period and
request agencies of individuals managing, maintaining temporarily confiscated exhibits,
vehicles and temporarily confiscated license of operation to pay damages and/or
compensation.
Article 11. Obligations of
agencies, organizations, and individuals that own temporarily and permanently
confiscated exhibits and vehicles, temporarily confiscated license of operation
1. Strictly comply with decisions on temporary and
permanent confiscation of exhibits and vehicles involved in administrative
violations; decisions on temporary confiscation of license of operation.
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. Comply with Point a Clause 4 Article 16 hereof.
Article 12. Receipt of
temporarily and permanently confiscated exhibits and vehicles and temporarily
confiscated license of operation
When receiving temporarily, permanently confiscated
exhibits and vehicles and temporarily confiscated license of operation,
individuals managing and maintaining such items shall:
1. Examine decisions on temporary, permanent
confiscation, record of temporary, permanent confiscation and other relevant
documents.
2. Compare and cross-check temporarily and
permanently confiscated exhibits and vehicles and temporarily confiscated
license of operation with records of temporary and permanent confiscation and
manifest in terms of name, quantity, quality, weight, types, brand, origin, and
seal conditions of the items (if any).
3. Record in the logbook and request the party
making the transfer to sign the logbook.
Article 13. Policies on
managing and maintaining temporarily and permanently confiscated exhibits and
vehicles, temporarily confiscated license of operation
Heads of agencies of individuals in charge of
management and maintenance shall rely on characteristics of each type of
exhibits and vehicles and license to arrange and adopt appropriate management
and maintenance measures.
1. If exhibits or vehicles temporarily or permanently
confiscated are machinery or vehicles that use gasoline or oil or other
flammable fuel, such machinery and vehicles must be placed far from other
exhibits, fire sources, heat sources, combustible equipment, and
thermal-radiating equipment to ensure fire safety when placing in detention
location and conditions for firefighting must be guaranteed.
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. If exhibits or vehicles temporarily or
permanently confiscated are substances or goods that pose a risk of fire,
explosion, toxic substances, or radioactive substances, such items must be
placed in buildings, storage, or locations where all requirements regarding
fire safety, fire fighting, explosion safety, preventing poisoning, preventing
radiation, and preventing environmental incidents must be ensured.
4. Temporarily confiscated license of operation
must be stored in head offices of competent individuals entitled to temporarily
confiscate and neatly arranged in file cabinets that can provide protection
against termites, humidity, and high heat.
Article 14. Transfer of
vehicles involved in administrative violations to violating organizations,
individuals for management and maintenance
1. In case vehicles involved in administrative
violations are temporarily confiscated to enforce compliance with decisions
imposing penalties for administrative violations, competent individuals
entitled to temporarily confiscate the vehicles may transfer the vehicles to
the violating organizations and individuals for storage and maintenance under
the management of the competent individuals (except for cases under Clause 7 of
this Article) when the violating organizations and individuals satisfy the
following requirements:
a) The violating individuals have valid permanent
or temporary residence or possess written workplace confirmation issued by
employers of the violating individuals; violating organizations must have
specific and defined address. The violating organizations and individuals must
have spaces for storing and maintaining the vehicles;
b) The violating organizations and individuals must
have the financial capability to deposit security.
2. Procedures for handling the transfer of vehicles
involved in administrative violations to the violating organizations and
individuals for storage and maintenance
a) The violating organizations and individuals must
submit applications to competent individuals entitled to temporarily confiscate
vehicles for storing and maintaining vehicles involved in administrative
violations; the applications must contain full name, personal identification
number or ID number, temporary residence, permanent residence, and occupation
of the violating individuals or name, address of violating organizations, the
administrative violations, name, quantity, characteristics, type, number,
brand, origin, year of manufacture, engine number, chassis number (if any),
current conditions, and proposed storage space.
The violating individuals must attach copies and
master register for comparison or certified true copies of the ID Card or
Citizen Identity Card or written workplace confirmation of employers of the
individuals when submitting the applications, the violating organizations must
attach documents proving their head office address when submitting the
applications.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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c) When handing vehicles involved in administrative
violations over to violating organizations and individuals for storage and
maintenance, competent individuals entitled to temporarily confiscate must
produce records containing name, quantity, weight, characteristics, type,
brand, origin, storage location, current conditions of the vehicles (if any),
signatures of the violating organizations or individuals and the competent
individuals, duration of storage provided by the violating organizations and
individuals. The records shall be made into 2 copies and each party shall keep
1 copy.
In addition to the production of aforementioned
records, the competent individuals must temporarily confiscate vehicle
registration in case of road vehicles, railway vehicle registration in case of
railway vehicles or inland waterway vehicle registration in case of inland
waterway vehicles (hereinafter referred to as “vehicle registration”) to
enforce compliance with decisions imposing penalties, unless the violating
organizations and individuals have deposited security. The temporary
confiscation of vehicle registration must be recorded in writing; the record
must contain location and date on which the vehicle registration is temporarily
confiscated; full name, title of the competent individuals; name of
organizations and individuals that own the temporarily confiscated vehicle
registration, personal identification number or ID Card number of the
individuals that own the temporarily confiscated vehicle registration; reason
and duration of temporary confiscation. The records must contain signatures of
violating organizations and individuals that own the vehicle registration and
signatures of the competent individuals; the records shall be made into 2
copies; each party shall keep 1 copy.
Competent individual shall hand the vehicles over
to violating organizations and individuals after completing the records and the
violating organizations and individuals have reclaimed the vehicles involved in
administrative violations that they are handed over to. Organizations and
individuals receiving the vehicles involved in administrative violations are
responsible for transporting the vehicles to their storage and maintenance
location.
3. Within 2 working days from the date on which the
vehicles involved in administrative violations are handed over to the violating
organizations and individuals, agencies of the competent individuals must
inform People’s Committees of communes, wards, ward-level towns where the
vehicles are temporarily stored by the violating individuals and organizations
for supervision and management.
4. Violating organizations and individuals are not
allowed to operate the vehicles or change storage locations without written
consent of the competent individuals during the period in which they are
assigned to maintain the vehicles.
Changing of storage location of the vehicles is
permitted in case of natural disaster, fire, or any other risk which may damage
the vehicles as long as it is immediately reported to the competent individuals
afterwards.
5. Failure of violating organizations and
individuals to comply with regulations under Clause 4 of this Article during
the period in which they are assigned to store and maintain the vehicles
involved in administrative violations, the competent individuals shall issue
decision on transport of the vehicles to detention location of their agencies.
In this case, the violating organizations and
individuals must transport the vehicles to the detention location as per the
law. Failure to adequately transport the vehicles to detention location will
cause the competent individuals to organize the transport of the vehicles to
detention location and request the violating organizations and individuals to
incur the transport costs.
6. If the vehicles are lost, missing, swapped,
traded, exchanged, hypothecated, mortgaged, replaced, or damaged during the
period in which the vehicles are stored and maintained by the violating
organizations and individuals, the violating organizations and individuals must
be responsible for all the ensuing damage and consequences as per the law.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
a) The vehicles involved in the violations are
evidence of a criminal case;
b) The vehicles are used in illegal street races,
resisting law enforcement officer in the performance of his/her duty, causing
public disorder, or traffic accidents;
c) The vehicles lack legitimate vehicle
registration;
d) The vehicles carry fabricated license plate, chassis
or engine with chassis, engine number illegally altered or erased;
dd) The vehicles involved in violations that
mandate additional penalties in form of vehicle confiscation.
Article 15. Deposit on
vehicles temporarily confiscated under administrative procedures
1. Violating organizations and individuals that pay
deposit are eligible for storing and maintaining vehicles involved in
administrative violations.
2. Competent individuals entitled to temporarily confiscate
vehicles involved in administrative violations shall decide whether or not the
violating organizations and individuals are allowed to pay deposit on the
vehicles.
3. Procedures for processing deposit
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TVPL
Pro
để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
b) Within 2 working days from the date on which
applications for paying deposit are received, competent individuals must
consider and decide whether or not to allow violating organizations and
individuals to pay deposit and store, maintain vehicles involved in
administrative violations. For cases with complicated facts which need more
time for verification, within 3 working days from the date on which the
applications are received, competent individuals entitled to temporarily
confiscate must consider and decide whether or not to allow violating
organizations and individuals to pay deposit and store, maintain vehicles
involved in administrative violations. In case of rejection, competent
individuals must provide a written response and specify reasons for rejection;
c) Once the competent individuals have issued the
decision allowing deposits, the applicants can pay deposit in person or via
accounts of the competent individuals. The minimum deposit must equal the
maximum fine within the fine bracket applicable to one violation; if the
applicants commit multiple violations in a single case, the minimum deposit
must equal the total of all maximum fines applicable to all violations.
The payment of deposits must be recorded. The
record must contain location of recording and date of deposit payment; full
name and title of the competent individuals; name of organizations, individuals
paying the deposit, personal identification number or ID Card number of the
individuals paying the deposit; reasons for paying the deposit; deposit amount;
duration of deposit; responsibilities of organizations and individuals paying
the deposit. The record must bear signature of the competent individuals and
organizations, individuals paying the deposit. The record shall be made into 2
copies; each party shall keep 1 copy.
4. Within 2 working days from the date on which the
competent individuals receive the deposit, the competent individuals must
transfer the deposit to financial and accounting departments of their agencies;
if the competent individuals lose the deposit or use the deposit, they shall be
met with penalties and required to compensate as per the law depending on nature
and severity of the violation. The transfer of deposit to financial and
accounting departments must be recorded; the record must specify where the
record is produced, date of transfer; full name and title of individuals
transferring and receiving the deposit; deposit amount transferred to the
financial and accounting departments. The record must bear signature of
individuals transferring and receiving the deposit. The record shall be made
into 2 copies; each party shall keep 1 copy.
The deposit shall be returned to the violating
organizations and individuals once they have fulfilled the decisions imposing
penalties. The return of deposits must be recorded. The records must specify
where the records are produced, date of return; full name of individuals
issuing decisions on returning the deposit; name of organizations and
individuals and personal identification number of ID Card number of the
individuals receiving the deposit; reasons for receiving the deposit; amount of
deposit returned. The record must bear signature of the competent individuals
allowing the payment of deposit and organizations, individuals paying the
deposit. The record shall be made into 2 copies; each party shall keep 1 copy.
5. Once the violating organizations and individuals
pay deposit and complete procedures under Clause 3 of this Article, competent
individuals entitled shall hand vehicles involved in administrative violations
over to the violating organizations and individuals; the handover of vehicles
involved in administrative violations must be record in accordance with Point c
Clause 2 Article 14 hereof. Organizations and individuals assigned to store and
maintain vehicles involved in administrative violations are not allowed to
operate the vehicles or change storage locations without written consent of the
competent individuals. Violation of this regulation will cause the competent
individuals to consider and decide on transport of the vehicles to detention
location in accordance with Clause 5 Article 14 hereof.
6. Failure to comply with the decisions on imposing
penalties within 10 working days from the date on which the decisions are
issued, the competent individuals shall issue decisions on deposit deduction.
Within 2 working days from the date on which the
decisions on deposit deduction are issued, competent individuals must send the
decisions to the violating organizations and individuals mentioned under the
decisions.
The remaining deposit after deducting all fines
shall be returned to the organizations and individuals that previously paid the
deposit. The return of excess deposit must be recorded. The records must
specify where the records are produced, date of return; full name and title of
individuals returning the excess amount; name of organizations or individuals
or ID Card number of individuals receiving the remaining deposit; reasons and
amount of the returned deposits. The record shall be made into 2 copies; each
party shall keep 1 copy. The excess deposit must be returned to organizations
and individuals mentioned under the decisions imposing penalties. Excess
deposits that are not received by the organizations and individuals that made
the deposit shall be handled as per relevant laws.
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TVPL
Pro
để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
8. Within 5 working days from the date on which the
decisions on deposit deduction are issued, competent individuals entitled to
impose penalties must transfer the deducted amount to state budget accounts at
the State Treasury.
Article 16. Return of
temporarily confiscated exhibits and vehicles and temporarily confiscated
license of operation or transfer of temporarily, permanently confiscated
exhibits and vehicle; costs for storage, warehouses, and maintaining
temporarily confiscated exhibits and vehicles
1. The return of temporarily confiscated exhibits
and vehicles and license of operation or transfer of temporarily, permanently
confiscated exhibits and vehicles requires written decisions of competent
individuals entitled to issue decision on temporary confiscation.
2. Individuals managing and maintaining
temporarily, permanently confiscated exhibits, vehicles and license of
operation shall return or transfer the exhibits and vehicles as soon as
decisions on return of exhibits, vehicles, or license of operation or decisions
on transfer of exhibits and vehicles are issued as follows:
a) Inspect decisions on return of temporarily
confiscated exhibits, vehicles, license of operation or decisions on transfer
of exhibits and vehicles; inspect ID Card or Citizen Identity Card of
individuals reclaiming the exhibits, vehicles, license of operation.
Only the violating individuals or the owners or the
representatives of the violating organizations mentioned under decision on
temporary confiscation of exhibits, vehicles, license of operation are allowed
to reclaim temporarily confiscated exhibits and vehicles and license of
operation. If the owners, violating organizations or individuals authorize
other persons to reclaim the exhibits, vehicles, or license of operation, they
must do so in writing as per the law.
b) Request the persons reclaiming the exhibits,
vehicles, and license of operation to cross-check against record of temporary
confiscation in order to inspect in terms of type, quantity, weight, quality,
characteristics, and current conditions of the exhibits, vehicles, and license
with the presence of the managing individuals. The transfer and reclaiming of
temporarily confiscated exhibits and vehicles must be recorded;
c) When transferring exhibits and vehicles to
investigating authority or specialized authority or assessment authority,
individuals managing and maintaining temporarily, permanently confiscated
exhibits and vehicles must produce records on quantity, weight,
characteristics, types, brands, origin, and current conditions of the exhibits
and vehicles. The records must be made into 2 copies bearing signatures of
parties transferring and receiving the exhibits and vehicles; each party shall
keep 1 copy;
d) For temporarily confiscated exhibits and
vehicles that belong to the general public or have their disposal plans
approved by competent individuals and agencies, agencies of individuals
previously issuing decisions on temporary confiscation shall cooperate with
agencies assigned to dispose assets in organizing transfer of assets and documents
relating to assets to receiving agencies and organizations.
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TVPL
Pro
để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
4. Costs for storage, warehouses, and maintenance
of temporarily confiscated exhibits and vehicles
a) Violating organizations and individuals when
reclaiming temporarily confiscated exhibits and vehicles shall not incur costs
for storage, warehouses, and maintenance of temporarily confiscated exhibits
and vehicles.
Violating organizations and individuals shall not
incur costs for storage, warehouses, and maintenance of temporarily confiscated
exhibits and vehicles if the owners of the exhibits and vehicles are not at
fault in the administrative violations or if the exhibits and vehicles are not
permanently confiscated or if the violating organizations and individuals are
allowed to store and maintain vehicles themselves in accordance with Article 14
and Article 15 hereof;
b) Agencies of individuals issuing decisions on
temporary confiscation of exhibits and vehicles when storing and maintaining
temporarily confiscated exhibits and vehicles or organizations hired by
agencies of individuals issuing decisions on temporary confiscation of exhibits
and vehicles to store and maintain exhibits and vehicles shall receive the cost
for storage, warehouses, and maintenance of temporarily confiscated exhibits
and vehicles during period of storage and maintenance;
c) Amount of costs for storage, warehouses, and
maintenance of temporarily confiscated exhibits and vehicles shall conform to
price laws.
Article 17. Disposal of
exhibits, vehicles, and license of operation expiring their temporary
confiscation period
1. The disposal of exhibits, vehicles, and license of
operation expiring their temporary confiscation period mentioned under Clauses
4, 4a, and 4b Article 126 of the Law on Imposing Penalties for Administrative
Violations in 2012 (amended in 2020).
2. Individuals issuing decisions on temporary
confiscation of exhibits, vehicles, and license of operation are responsible
for managing and maintaining exhibits, vehicles, and license of operation past
their temporary confiscation period without being reclaimed by violating
individuals, owners, or individuals legally managing or maintaining exhibits,
vehicles, license of operation or when violating individuals cannot be
identified and during the period in which the notice is posted on mass media
until the exhibits and vehicles are permanently confiscated, disposed as per
the law; license of operation shall be transferred to competent agencies for
revocation as per the law.
3. Once decisions on permanent confiscation of
exhibits and vehicles involved in administrative violations have been issued by
competent agencies and individuals in accordance with regulations and law on
imposing penalties for administrative violations, the exhibits and vehicles
shall be disposed in accordance with regulations and law on management and use
of public assets.
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TVPL
Pro
để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
IMPLEMENTATION
Article 18. Entry into force
1. This Decree comes into force from January 01,
2022.
2. This Decree replaces Decree No. 115/2013/ND-CP
dated October 3, 2013 of the Government and Decree No. 31/2020/ND-CP dated
March 5, 2020 on amendments to Decree No. 115/2013/ND-CP of the Government;
Article 19. Responsibilities
for implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People’s Committees of provinces and
central-affiliated cities and relevant agencies are responsible for the
implementation of this Decree./.
PP. GOVERNMENT
PRIME MINISTER
Pham Minh Chinh
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TVPL
Pro
để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
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