Vietnam: Regulations on the guarantee of vehicles impounded under administrative procedures? When participating in traffic causing an accident, can the car be bailed?
- In what cases is the administratively infringing means of transport handed over to the violating organizations and individuals in Vietnam?
- Regulations on the guarantee of vehicles impounded under administrative procedures in Vietnam?
- When participating in traffic causing an accident, can the car be bailed in Vietnam?
In what cases is the administratively infringing means of transport handed over to the violating organizations and individuals in Vietnam?
Pursuant to Clause 1, Article 14 of Decree 138/2021/ND-CP on the delivery of administratively infringing means of transport to violating organizations and individuals to keep and preserve
- Means of transport for administrative violations in case of detention to ensure the enforcement of decisions on sanctioning administrative violations, if the violating organization or individual meets one of the following conditions, the person competent to take custody may assign it to the violating organization or individual to keep, preserve vehicles under the management of agencies of persons competent to take custody, except for the cases specified in Clause 7 of this Article, specifically:
+ The violating individual has a place of permanent residence registration or has a valid temporary residence registration or a certificate of the place of work of the agency or organization where the violating individual is working; the offending organization must have a specific and clear operational address. Violating organizations and individuals must have places to keep and preserve vehicles;
+ Violating organizations and individuals that have the financial ability to set bail may be considered for the assignment and preservation of vehicles.
Vietnam: Regulations on the guarantee of vehicles impounded under administrative procedures? When participating in traffic causing an accident, can the car be bailed?
Regulations on the guarantee of vehicles impounded under administrative procedures in Vietnam?
Pursuant to Article 15 of Decree 138/2021/ND-CP on placing bail on vehicles impounded under administrative procedures
- Violating organizations and individuals that have the financial ability to set bail shall be considered for the delivery and preservation of administratively infringing means of transport.
- Persons competent to impound vehicles for administrative violations shall have the authority to decide for organizations and individuals to place bail on such vehicles.
- Order of settlement of bail placement
+ Violating organizations and individuals must make an application to the person competent to take custody of the request for bail of administratively infringing vehicles to be kept and preserved for administratively infringing vehicles; in the application clearly stating the full name, personal identification number or identity card number, permanent residence, temporary residence, occupation of the violator or the name and address of the violating organization, administrative violation, name, number, characteristics, type, number, trademark, symbol, origin, year of manufacture, machine number, frame number, capacity (if any), status of the vehicle, place where the vehicle is requested to be kept and preserved after being assigned and preserved by a competent agency;
+ Within 02 working days from the date of receipt of the application for placing money for bail, the person competent to take custody must consider and decide on the permission to place money for bail and delivery of administratively infringing means of transport to organizations and individuals violating the custody, preserve. For cases with many complicated circumstances, it is necessary to have more time to verify, within 03 working days from the date of receipt of the application for placing money for bail, the person competent to take custody must consider and decide on the permission to place money for bail and delivery of administratively infringing means of transport to the organization, individuals violating keeping, preservation. In case of disagreement with the placement of money to bail the impounded vehicle, a written response clearly stating the reasons therefor;
+ After the person in custody makes a decision to place the bail, organizations and individuals may pay the bail money directly or through the agency account of the person competent to impound the vehicle. The amount of bail is at least equal to the maximum fine of the penalty bracket prescribed for a violation; in case of committing multiple administrative violations in the same violation, the amount of bail must be at least equal to the total maximum fine of the violations.
The placement of bail must be made in minutes. In the minutes, it must clearly state the place where the minutes are made, the date, month and year of placing the bail; full name and position of the person who decides to grant bail; name of the organization or individual placing the guarantee money, personal identification number or identity card number of the individual placing the money; reasons for placing bail; the level of money set for guarantees; the term of laying bail; responsibilities of organizations and individuals to set bail money. The minutes must be signed by the person competent to decide on the placement of bail money and organizations and individuals placing bail money. Minutes are made in 02 copies, each party keeps 01 copy.
When participating in traffic causing an accident, can the car be bailed in Vietnam?
Pursuant to Clause 7, Article 14 of Decree 138/2021/ND-CP stipulates as follows:
- Cases of non-delivery of administratively infringing means of transport to violating organizations and individuals for keeping and preserving:
+ The vehicle of the violation is the evidence of the criminal case;
+ Vehicles used for illegal racing, resisting people on public duty, causing public disorder or causing traffic accidents;
+ Certificate of registration of counterfeited or repaired vehicles;
+ Fake control plates, vehicles illegally changed frame number, machine number or deleted frame number, machine number.
Thus, pursuant to Clause 1, Article 15 of Decree 138/20121/ND-CP, only in case the violating organization or individual has the financial ability to set bail, it shall be considered to assign and preserve administratively infringing vehicles if not in the cases specified in Clause 7 Article 14 of Decree 115/2013/ND-CP. Therefore, when a vehicle causes a traffic accident, it is not guaranteed.
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