Inspection of Transportation Means and Objects according to Administrative Procedures under New Law
Article 128 of the Law on Handling Administrative Violations 2012 and Point I Clause 73 Article 1 of the Amended Law on Handling Administrative Violations 2020 (Effective from January 1, 2022) stipulate the examination of transport vehicles and objects according to administrative procedures as follows:
The examination of transport vehicles and objects according to administrative procedures shall only be conducted when there are grounds to believe that there are concealed administrative violation materials in those vehicles or objects.
Persons specified in Clause 1, Article 123 of this Law have the right to examine transport vehicles and objects according to administrative procedures.
In cases where there are grounds to believe that if the examination is not conducted immediately, the administrative violation materials will be dispersed or destroyed, apart from those specified in Clause 2 of this Article, police officers, coast guard officers, border guard soldiers, forest rangers, tax officials, customs officials, market controllers, and inspectors on duty are authorized to examine transport vehicles and objects according to administrative procedures and must immediately report to their direct superior and take responsibility for the examination.
The examination of transport vehicles and objects must have a written decision, except in the cases specified in Clause 3 of this Article.
When examining transport vehicles and objects, the presence of the owner or the operator of the transport vehicle or object and one witness is required; in case the owner, the object, or the operator of the vehicle is absent, there must be at least one witness present.
All cases of examination of transport vehicles and objects must be recorded in a minutes. The decision to examine and the minutes must be handed to the owner of the transport vehicle or object or the operator of the vehicle, with one copy each.
Sincerely!
