What is the handling of confiscated means of administrative violations in Vietnam?
My name is Hoang Quan and I live in An Giang. I currently have the following question: What are regulations on the handling of confiscated material evidences and/or means of administrative violations in Vietnam? I'm looking forward to receiving your support.
Hoang Quan (quan***@gmail.com)
What is the handling of confiscated means of administrative violations in Vietnam? (Image from the Internet)
In Clause 1, Article 82 of the 2012 Law on Handling of Administrative Violations, it is stipulated that the confiscated material evidences and/or means of administrative violations shall be handled as follows:
a) For material evidences of administrative violations being Vietnam money, foreign currency, certificates of value, gold, silver, jewels, precious metals, they must be remitted into the State budget;
b) For papers, material, documents relating to material evidences and/or means used to commit administrative violations, they shall be transfer to agencies in charge of managing, using assets as prescribed in point d of this clause.
c) For material evidences and/or means used to commit administrative violations as drug, weapon, explosives, support tools, objects with history value, cultural value, national treasures, antiques, precious forestry product, objects being prohibited circulation and other assets, they shall be transfer to specialized state management agencies in order to manage, handle as prescribed by law;
d) For material evidences and/or means used to commit administrative violations which are transfered to state agencies for management and use under decision of competent authorities, agency having issued decision on confiscation shall assume the prime responsibility for, and coordinate with financial agency to organize transfer to state agency for management, use;
dd) For material evidences and/or means used to commit administrative violations which are confiscated not in cases specified in points a, b, c and d of this clause, hiring a professional auction organization in local of central-affiliated cities and provinces where happen violation act in order to implement auction; if fail to hire an auction organization, establishing a council for auction.
Auction of confiscated material evidences and/or means of administrative violations shall be implement under regulation of law on auction;
e) For confiscated material evidences and/or means of administrative violations which are useless or cannot to auction, agencies of competent persons having issued decision on confiscation must establish a handling council including relevant state agencies. Handling the confiscated material evidences and/or means of administrative violations must be made record with signatures of members of handling council. Methods, orders of, procedures for handling assets are implemented as prescribed by law on managing, using state assets.
For your information.
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