Template Decision on the Confiscation of Evidence and Means of Administrative Violation Due to Unidentified Violator
According to Form MQD 11 issued together with Circular 90/2020/TT-BTC, the content is regulated as follows:
MQD 11
| AGENCY ^(1)^------- | SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness |
| No: .../QD-TTTVPT | ^(2)^………….., Month … Day …, Year … |
DECISION
Confiscation of Evidence, Means of Administrative Violation^(3)^*
Based on Article 26, Clause 4 of Article 126 Law on Handling of Administrative Violations;
Based on the Decision on temporary seizure of evidence, means of administrative violation, license, practice certificate No..../QD-TGTVPTGPCC dated.../..../ of^(4)^ .........................................................................................
Based on the notification results on^(5)^ ........................................................................................
and public posting at^(5)^ ................................................................................................. from .../…/… to .../…/…;
Based on the Decision on the delegation of authority to impose administrative penalties No ……/QD-GQXP dated .../.../...... (if any),
I: ...................................................................................................................................
Position^(6)^: ........................................................................................................................
DECISION:
Article 1. Confiscation of evidence, means of administrative violation that have been temporarily seized according to the Decision on temporary seizure of evidence, means of administrative violation, license, practice certificate No ..../QD-TGTVPTGPCC dated .../.../...... of^(4)^
The confiscation of evidence, means of administrative violation shall be documented in a record attached to this Decision.
Reason for confiscation^(7)^: .............................................................................................................
Accompanying documents^(8)^: ........................................................................................................
Article 2. This Decision is effective from the date of signing.
Article 3. This Decision is sent to^(9)^ .............................................................................. for implementation./.
| Recipients:- As Article 3; - File: Records. |
PERSON ISSUING DECISIONSignature, sealPositionName |
_______________
* This form is used to confiscate evidence, means of administrative violation when the violator does not come to claim without legitimate reason or the violator cannot be determined as stipulated in Clause 4 Article 126 Law on Handling of Administrative Violations.
^(1)^ State the name of the agency of the person with authority to issue the decision to confiscate evidence, means of administrative violation. If the decision-maker is the Chairman of the People's Committee, then state the agency name as guided in the form style regulations of Decree 30/2020/ND-CP dated March 05, 2020, by the Government of Vietnam on clerical work.
^(2)^ State the location name as guided in the form style regulations of Decree 30/2020/ND-CP dated March 05, 2020, by the Government of Vietnam on clerical work.
^(3)^ State according to specific cases: If confiscating evidence, means of administrative violation because the violator cannot be identified, state "due to unidentified violator"; if confiscating evidence, means of administrative violation because the violator did not come to claim, state "due to violator not coming to claim".
^(4)^ State the title and agency of the person who issued the temporary seizure decision for evidence, means of administrative violation, license, practice certificate.
^(5)^ Clearly state the public media used for the announcement and the address of the office of the person with authority to temporarily seize that publicly posted the determination of the owner, manager, legal user for the evidence, means of administrative violation.
^(6)^ State the title and agency of the person issuing the decision.
^(7)^ Clearly state the reason for each specific case: Unidentified violator or the violator not coming to claim.
^(8)^ Clearly state the related documents such as: Decision on temporary seizure of evidence, means of administrative violation, license, practice certificate; Record of temporary seizure of evidence, means of administrative violation, license, practice certificate,....
^(9)^ State the name of the individual/organization responsible for executing the Decision.
Best regards!
