The seizure of material evidence and means of administrative violations in Vietnam

The seizure of material evidence and means of administrative violations in Vietnam (Image from the Internet)

Pursuant to the provisions of Article 46 of the 2002 Ordinance on Handling of Administrative Violations amended by Clause 19, Article 1 of the 2008 Ordinance amending the Ordinance on Handling of Administrative Violations, there are regulations on seizure of material evidence and means of administrative violations as follows:

-Seizure of material evidence and means of administrative violations

1. Seizure of material evidence and means of administrative violations may apply only to cases in which it is necessary to verify circumstances used as a basis for deciding to handle or immediately stop administrative violations.

Persons defined in Article 45 of this Ordinance, chief specialized inspectors of provincial-level Services and chief specialized inspectors of ministries and ministerial-level agencies, directors of seaport authorities, directors of inland river port authorities and directors of airport authorities may decide to seize material evidence and means used in administrative violations.

2. In case there are grounds to believe that the material evidence and means of administrative violations can be dispersed or destroyed if they are not seized immediately, immediate superiors of people's police officers, border guards, ranger officers, customs officers, market controllers or specialized inspectors may decide to seize such material evidence and means. Within 24 hours after the decisions are issued, the decision issuers shall report to their superiors who are competent to seize material evidence and means of administrative violations defined in Clause 1 of this Article and get their written consent; in case of failure to get written consent of such persons, the decision issuers shall immediately cancel their seizure decisions and return the seized articles, money, goods and means.

3. Persons who have issued decisions on the seizure of material evidence and means of administrative violations shall make records of the seizure, which must clearly state the names, quantities, categories of the seized material evidence and means and be signed by the decision issuer d the violator. They have the responsibility to preserve those material evidence and means; if the material evidence and means are lost, sold or damaged due to their fault, they shall pay compensations therefore.

In case the material evidence and means need to be sealed, the sealing must be conducted in front of the violators; if the violators are absent, the sealing must be conducted in front of their families’ representatives, organizations' representatives, local administration's representatives and

witnesses.

4. For Vietnamese currency, foreign currencies, gold, silver, precious stones, precious metals, narcotics and other objects subject to special management, they shall be preserved in accordance with law.

For material evidence being commodities and articles which are easy to decay, the persons issuing decisions on their seizure shall handle them under Clause 3, Article 61 of this Ordinance.

5. Within ten days from the date of seizure, the persons who have issued the seizure decisions shall handle the seized material evidence and means with measures indicated in the handling decisions or return them to the concerned individuals or organizations if the sanctioning form of confiscation is not applied. This seizure duration may be prolonged in complicated cases requiring verification but must not exceed sixty days counting from the date of seizure. Prolongation of the duration of seizure of material evidence and means shall be decided by persons defined in Clause 1 of this Article.

6. Seizure of material evidence and means of administrative violations must be effected under written decisions enclosed with seizure records to be handed over to the violators or representatives of the violating organizations, one copy each.

For your information.

Best regards!