According to the law in Vietnam, how to handle vehicles which have been over time limit of temporarily seizing if the violator does not come to receive them?

According to the law in Vietnam, how to handle vehicles which have been over time limit of temporarily seizing if the violator does not come to receive them?

Pursuant to Clause 4 Article 126 of the Law on handling administrative violations in 2012 (amended by Clause 65.b Article 1 of the Law on amendments to the Law on handling administrative violations in 2020) stipulating regulations on handling vehicles which have been over time limit of temporarily seizing if the violator does not come to receive them:

- In case violators, legitimate owners, custodians or users of material evidence and/or means are identified, persons issuing temporary impoundment decisions must notify them twice.

The first notification must be issued within 03 working days from the expiration of the time limit for the temporary impoundment thereof.

The second notification must be issued within 07 working days from the date of issue of the first notification.

After the period of 01 month from the second notification date, if violators, legitimate owners, custodians or users do not come to claim them, within 05 working days, competent persons must issue decisions to seize material evidence and/or means used for commission of administrative violations;

- In case violators, legitimate owners, custodians or users of material evidence and/or means are unidentifiable, persons issuing temporary impoundment decisions must make two attempts in notifying this via central or local mass media at localities where they are temporarily impounded.

The first notification must be issued within 03 working days from the expiration of the time limit for the temporary impoundment thereof.

The second notification must be issued within 07 working days from the date of issue of the first notification.

After the period of 01 year from the second notification date, if violators, legitimate owners, custodians or users do not come to claim them, within 05 working days, competent persons must issue decisions to seize material evidence and/or means used for commission of administrative violations.

According to the law in Vietnam, how to handle vehicles which have been over time limit of temporarily seizing if the violator does not come to receive them? - image from internet

Can organizations and individuals violating traffic law store and maintain vehicles under temporary confiscation to enforce compliance with decisions imposing penalties for administrative violations in Vietnam?

Pursuant to Clause 1 Article 14 of the Decree 138/2021/ND-CP stipulating vehicles under temporary confiscation:

Transfer of vehicles involved in administrative violations to violating organizations, individuals for management and maintenance

1. In case vehicles involved in administrative violations are temporarily confiscated to enforce compliance with decisions imposing penalties for administrative violations, competent individuals entitled to temporarily confiscate the vehicles may transfer the vehicles to the violating organizations and individuals for storage and maintenance under the management of the competent individuals (except for cases under Clause 7 of this Article) when the violating organizations and individuals satisfy the following requirements:

a) The violating individuals have valid permanent or temporary residence or possess written workplace confirmation issued by employers of the violating individuals; violating organizations must have specific and defined address. The violating organizations and individuals must have spaces for storing and maintaining the vehicles;

b) The violating organizations and individuals must have the financial capability to deposit security.

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In case vehicles involved in administrative violations are temporarily confiscated to enforce compliance with decisions imposing penalties for administrative violations, the violating organizations and individuals may store and maintain the vehicles under the management of the competent individuals when the violating organizations and individuals satisfy the following requirements:

- The violating individuals have valid permanent or temporary residence or possess written workplace confirmation issued by employers of the violating individuals; violating organizations must have specific and defined address. The violating organizations and individuals must have spaces for storing and maintaining the vehicles;

- The violating organizations and individuals must have the financial capability to deposit security.

However, the violating organizations and individuals must not be in the cases of ineligible for transferring the vehicles to the violating organizations and individuals for storage and maintenance.

Are violating organizations and individuals assigned to store and maintain vehicles under temporary confiscation allowed to operate the vehicles in traffic in Vietnam?

Pursuant to Clause 4 Article 14 of the Decree 138/2021/ND-CP stipulating transfer of vehicles involved in administrative violations to violating organizations, individuals for management and maintenance:

Transfer of vehicles involved in administrative violations to violating organizations, individuals for management and maintenance

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4. Violating organizations and individuals are not allowed to operate the vehicles or change storage locations without written consent of the competent individuals during the period in which they are assigned to maintain the vehicles.

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As regulations above, violating organizations and individuals are not allowed to operate the vehicles during the period in which they are assigned to maintain the vehicles.

Best regards!