Requesting the Violator to Self-Destroy Administrative Violation Evidence: Is It in Accordance with the Law?
Is it legal to require the violator to self-destroy the administrative violation evidence?
According to Clause 5 Article 2 of Circular 173/2013/TT-BTC which regulates perishable goods and items as follows:
- Goods with seasonal characteristics (seasonal consumer goods, goods used during holidays, Tet), high-end electronic goods (types of tablets, smartphones), and other types of goods and items will become damaged, unsellable, or expired if not handled immediately after the decision to temporarily retain or confiscate them is made.
According to the regulation at Point a Clause 2 Article 4 of Circular 173/2013/TT-BTC regarding the organization of handling administrative violation evidence which is perishable goods and items as follows:
- For goods and items to be handled by destruction:
a) The person making the temporary retention decision shall establish a Handling Council to destroy damaged goods and items as stipulated in Clause 1 Article 3 of this Circular. The Handling Council is composed of the person making the retention decision or an authorized person as the Chairman, the members including: a representative of the financial authority at the same level or at the locality where the violation occurred (in case the higher financial authority delegates or the person making the retention decision is from an unattached authority) and representatives of relevant specialized agencies;
Therefore, your cakes and jams fall under the category of seasonal goods. Thus, the request from the market management agency for you to self-destroy them is not legally conformable.
What is the form of destroying administrative violation evidence?
The destruction must comply with conformable forms of destruction according to Point b Clause 2 Article 4 of Circular 173/2013/TT-BTC as follows:
b) Forms of destruction: Depending on the nature, characteristics of goods, items, and the requirement to ensure environmental hygiene, the destruction is carried out in the following forms:
- Use of chemicals;- Use of mechanical measures;- Incineration;- Burial;- Other forms as stipulated by law.
Respectfully!
