What are regulations on temporary seizure and handling of exhibits and means/vehicles, licenses involved in traffic accidents in Vietnam?

What are regulations on temporary seizure and handling of exhibits and means/vehicles, licenses involved in traffic accidents in Vietnam? - image from internet

Pursuant to Clause 1 Article 10 of the Circular 63/2020/TT-BCA stipulating temporary seizure and handling of exhibits and means/vehicles, licenses involved in traffic accidents in Vietnam:

- Exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident shall be temporarily seized and handled according to regulations in Article 125 and Article 126 of the 2012 Law on Handling of Administrative Violations and other regulations of relevant laws;

- A record of temporary seizure of exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident shall be made immediately at the crash scene or place where the accident is detected according to Form No. 50/BB-TGTVPTGPCC enclosed with Circular No. 07/2019/TT-BCA Within 24 hours, the traffic police officer making the record shall notify the competent leader to issue a Decision on temporary seizure of exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident according to Form No 18/QD- TGTVPTGPCC enclosed with Circular No. 07/2019/TT-BCA;

- The duration of such temporary seizure shall not exceed 07 days from the date of temporary seizure. If there are complex facts to be verified, the traffic police officer shall send a written proposal, using Form No. 09A/TNDB enclosed with this Circular to the competent leader in order to issue a Decision to extend the duration of the temporary seizure according to Form No. 19/QD-KDTHTGTVPTGPCC enclosed with Circular No. 07/2019/TT- BCA. The extension shall not exceed 23 days from the date the duration of the temporary seizure expires;

If the accident has many complex facts and falls into one of cases to be explained according to regulations in paragraph 2, Clause 2 and Clause 3 Article 61 of the 2012 Law on Handling of Administrative Violations and it is required to have additional time for evidence verification and collection, the person having authority to handle the accident shall send a written report, using Form No. 09B/TNDB enclosed with this Circular to his/her head for extension of the duration of the temporary seizure; there must be a Decision to extend the duration of the temporary seizure according to Form No. 19/QD-KDTHTGTVPTGPCC enclosed with Circular No. 07/2019/TT- BCA for extension. The extension shall not exceed 30 days;

- Upon returning exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident, a Decision to return exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident, using Form No. 20/QD-TLTVPTGPCC enclosed with Circular No. 07/2019/TT-BCA shall be issued, and at the same time, a record of such return, using Form No. 60/BB-TLGTTVPT enclosed with Circular No. 07/2019/TT-BCA shall be made.

- After completion of an examination of vehicles, if their operators do not have faults and commit violations against other regulations of law, such vehicles shall be immediately returned to their owners or operators. It is prohibited to temporarily seize vehicles of parties related to the traffic accident in order to serve as the basis for compensation for damage.

Best regards!