The Government has just issued Decree 138/2021/ND-CP stipulating the management and preservation of material evidences and means of administrative violations which are temporarily seized and confiscated, and their licenses and practice certificates are temporarily seized according to the following procedures. administrative customs.
Article table of contents
Cases of handing traffic violations to violators to keep (Illustration photo)
Accordingly, the means of transport that commit administrative violations are temporarily impounded to ensure the enforcement of decisions on sanctioning administrative violations. If the violating organization or individual meets one of the following conditions , the The seizure competence may be assigned to the violating organization or individual to keep and preserve the vehicle under the management of the agency of the person competent to temporarily hold the vehicle, except for the cases as prescribed, specifically:
- The violator has a permanent place of residence or a temporary place of residence for a limited time or has a certificate of his/her working place from the agency or organization where the violator is working; Violating organizations must have a clear and specific operation address.
Violating organizations and individuals must have a place to keep and preserve vehicles.
- Violating organizations and individuals have the financial ability to place a guarantee.
Previously , it was only stipulated that the seized material evidences and means were those that the competent person's agency did not meet the technical means to move to the place of temporary custody or the place of temporary custody. If all necessary conditions are met , the person competent to issue a decision on temporary seizure shall, based on practical requirements, hand it over to the People's Committee of the commune, ward or township where the administrative violation occurs or where material evidences and means are located. temporarily detained and have the conditions to manage and preserve them, or assign them to individuals or organizations having material evidences and means to be seized for management and preservation, if deeming the assignment to such organizations or individuals , means temporarily seized for management and preservation does not affect the assurance of handling of administrative violations .
Note :
+ Violating organizations and individuals during the time they are assigned to keep and preserve means of transport committing administrative violations are not allowed to use such means of violation to participate in traffic; must not change the place of keeping or preserving means of transport that commit administrative violations without the written consent of the person competent to temporarily seize.
In case due to natural disaster, fire or when there is a direct danger of arising a situation that, if not promptly moved, changed the place of keeping and preserving means of transport, committing administrative violations will cause damage to the means, may change the place to keep and preserve the means, but immediately notify the person competent to temporarily seize it.
+ During the time of being assigned to keep and preserve the means of transport committing administrative violations, if the violating organization or individual fails to strictly observe the above provisions, the person competent to impound the means of transport shall consider and decide to transfer the vehicle. such violation means to the custody place of the agency of the person competent to make temporary custody.
+ During the time of being assigned to keep and preserve means of transport committing administrative violations, if an organization or individual loses, exchanges, sells, exchanges, pledges, mortgages, replaces, destroys, If they damage vehicles, they must be responsible for the damage and consequences caused by their acts in accordance with law.
05 cases of not handing over vehicles to violating organizations or individuals to keep and maintain
Pursuant to Clause 7, Article 14 of Decree 138/2021 stipulating 05 cases of failure to deliver vehicles in violation of regulations to violating organizations and individuals for keeping and preserving, including:
(1) The means of transport of the violation are evidences of the criminal case;
(2) Vehicles used for illegal racing, against law enforcement officers, disturbing public order or causing traffic accidents;
(3) There is no vehicle registration certificate or vehicle registration certificate is forged or repaired;
(4) Forged control plates, vehicles illegally changed chassis number, engine number or deleted chassis number, engine number;
(5) Violating means of transport, according to regulations, will be subject to the additional sanction of vehicle confiscation.
Decree 138/2021/ND-CP takes effect from January 1, 2022; replace Decree 115/2013/ND-CP and Decree 31/2020/ND-CP .
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