Nghị định 138/2021/NĐ-CP quản lý, bảo quản tang vật, phương tiện vi phạm hành chính bị tạm giữ, tịch thu và giấy phép, chứng chỉ hành nghề bị tạm giữ theo thủ tục hành chính

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

Article 1. Scope

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.

4. The receipt, return, transfer of temporarily confiscated exhibits and vehicles and temporarily confiscated license of operation, and the receipt, transfer of confiscated exhibits and vehicles to agencies, organizations, and individuals shall only be implemented under written decision of competent individuals.

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;

d) Other expenditure as per the law.

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

a) ensure safety, security, and order; be equipped with fences, subject to regulations on entry, exit, environmental protection, fire prevention and control;

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;

b) Arrangement of separate detention locations: For agencies that must regularly detain temporarily or permanently confiscated exhibits and vehicles, People’s Committees of provinces and central-affiliated cities are responsible for building separate detention locations for said agencies;

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.

4. Take charge and cooperate with local People’s Committees, the people’s armed forces, relevant agencies and entities in transporting temporarily and permanently confiscated exhibits and vehicles to safe locations in case of natural disasters or other situations where the safety of the temporarily and permanently confiscated exhibits and vehicles is threatened.

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;

b) Current conditions of temporarily confiscated exhibits and vehicles and temporarily confiscated license;

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

1. Individuals producing records of detention and temporary confiscation are responsible for managing and maintaining temporarily confiscated exhibits and vehicles and temporarily confiscated license of operation until the exhibits, vehicles, and license of operation are transferred to individuals in charge of management and maintenance.

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.

2. Reclaim temporarily confiscated exhibits, vehicles, and license of operation within the deadline written in decision on temporary confiscation.

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.

2. If exhibits or vehicles temporarily or permanently confiscated are goods or objects that can easily cause environmental pollution, such items must be placed in buildings, storage, or locations where they cannot cause environmental pollution during temporary confiscation period.

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 original copy 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.

b) Within 2 working days from the date on which the applications are received, competent individuals entitled to temporarily confiscate must consider and decide to transfer vehicles involved in administrative violations to the violating organizations and individuals. 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 to transfer vehicles involved in administrative violations to the violating organizations and individuals. In case of rejection, the competent agencies must provide a written response with reason for rejection;

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.

7. Cases where vehicles involved in administrative violations shall not be handed over to the violating organizations and individuals:

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

a) Violating organizations and individuals shall submit applications for paying deposit on vehicles involved in administrative violations to competent individuals in order to be allowed to store and maintain the vehicles; the applications must contain full name, personal identification number or ID Card number, permanent residence, temporary residence, and occupation of violating individuals or name, address of violating organizations, the administrative violations, name, quantity, characteristics, type, number, label, code, origin, year of manufacture, engine number, chassis number, volume (if any), conditions of the vehicles, and proposed storage locations;

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.

7. Decisions on deposit deduction shall serve as the basis for determining whether the violating organizations and individuals have complied with the decisions imposing penalties for administrative violations and allowed to operate the vehicles involved in administrative violations.

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.

3. Individuals managing and maintaining exhibits, vehicles, and license of operation must report to competent individuals previously issuing decisions on temporary, permanent confiscation regarding implementation results after returning temporarily confiscated exhibits and vehicles or transferring temporarily, permanently confiscated exhibits, vehicles, and license of operation.

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.

Chapter III

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./.

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