Procedures for the Confiscation of Administrative Violation Means: How are They Implemented? What are the Principles for Managing and Preserving Confiscated Administrative Violation Means?
What Are the Procedures for Confiscating Means of Administrative Violations?
Confiscation of evidence and means of administrative violations involves transferring to the state budget items, money, goods, and means directly related to the administrative violation. This is applied to serious administrative violations that are intentionally committed by individuals or organizations.
Article 81 of the Law on Handling of Administrative Violations 2012, supplemented by Clause 42, Article 1 of the Amendment Law on Handling of Administrative Violations 2020, stipulates the procedures for confiscating evidence and means of administrative violations as follows:
Procedures for Confiscating Evidence and Means of Administrative Violations
1. When confiscating evidence and means of administrative violations as stipulated in Article 26 of this Law, the authorized person must record a report. The report must clearly state the name, quantity, type, registration number (if any), condition, quality of the items, money, goods, and means of administrative violations being confiscated, and it must be signed by the person conducting the confiscation, the person being penalized or the representative of the penalized organization, and witnesses; in the absence of the penalized person or representative of the penalized organization, two witnesses are required. For evidence and means of administrative violations that need to be sealed, the sealing must be done immediately in front of the penalized person, the representative of the penalized organization, or witnesses. The sealing process must be recorded in the report.
For the evidence and means of administrative violations being temporarily held, if the authorized person notices a change in condition compared to when the temporary holding decision was made, a report of these changes must be created; the report must be signed by the person who made the report, the person responsible for temporary holding, and witnesses.
2. The confiscated evidence and means of administrative violations must be managed and preserved in accordance with the regulations of the Government of Vietnam.
3. The evidence and means of administrative violations that have a confiscation decision must be handled according to the regulations of the law on management and use of public property.
Thus, the procedures for confiscating evidence and means of administrative violations include the following steps:
Step 1: The authorized person must create a confiscation report. The report must include the name, quantity, type, registration number (if any), condition, and quality of the confiscated items, money, goods, and means of administrative violations.
Step 2: The person conducting the confiscation of evidence and means of administrative violations and the administrative violator must sign the report.
Step 3: Proceed with the confiscation of evidence and means of administrative violations. For evidence and means that need to be sealed, the sealing must be done immediately in front of the penalized person.
Procedures for confiscating means of administrative violations: How are they conducted? What are the principles for managing and preserving confiscated means of administrative violations? (Image from Internet)
What Are the Principles for Managing and Preserving Evidence and Means of Administrative Violations That Are Confiscated?
Article 3 of Decree 138/2021/ND-CP stipulates the principles for managing and preserving evidence, means temporarily held, confiscated, permits, and professional certificates temporarily held as follows:
- Evidence, means temporarily held or confiscated must be managed and preserved strictly, safely, arranged logically, easy to check, prevent confusion, and avoid causing environmental pollution or disease spread.
- Evidence, means temporarily held or confiscated must ensure integrity, not accounting for reduced value due to objective reasons such as weather, humidity, wear over time, and other causes.
- Permits, professional certificates temporarily held must be managed and preserved strictly, safely, logically arranged, easy to check, and ensure integrity.
- Only receive, return, transfer evidence, means, permits, professional certificates temporarily held, or receive, transfer confiscated evidence, means to agencies, organizations, individuals when there is a written decision by the authorized person.
Is the Purchase of Sex Subject to Confiscation of Means of Administrative Violations?
Article 24 of Decree 144/2021/ND-CP prescribes administrative penalties for the act of purchasing sex as follows:
Act of Purchasing Sex
1. A fine ranging from VND 1,000,000 to VND 2,000,000 for the act of purchasing sex.
2. A fine ranging from VND 2,000,000 to VND 5,000,000 for purchasing sex from two or more individuals at the same time.
3. Additional penalties:
Confiscation of evidence of administrative violations for acts specified in Clauses 1 and 2 of this Article.
Thus, individuals purchasing sex may be fined up to VND 5,000,000 and have the evidence and means of administrative violations confiscated. The evidence and means of administrative violations here include money and other items used for purchasing sex.
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