What is time limit of temporary impoundment of means used for commission of traffic violations in Vietnam?

What is time limit of temporary impoundment of means used for commission of traffic violations in Vietnam?

In Clause 8, Article 125 of the Law on Handling of Administrative Violations 2012, as amended by Point b, Clause 64, Article 1 of the Amended Law on Handling of Administrative Violations 2020, it provides for custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures as follows:

8. The period for temporary impoundment of material evidence and means used for commission of administrative violations, licenses or practicing certificates shall not exceed 07 working days from the commencement date; if any case or matter requires the transfer of relevant documents and records to persons having sanctioning authority, the period for temporary impoundment shall not be longer than 10 working days from the commencement date.

The period for temporary impoundment may be extended in the cases prescribed in point b of clause 1 of Article 66 herein, but not exceeding 01 month from the commencement date. In the cases subject to regulations laid down in point c of clause 1 of Article 66 herein, THE period for temporary impoundment may continue to obtain extension, but not exceeding 02 month from the commencement date.

The period for temporary impoundment of material evidence or means used for commission of administrative violations, licenses or practicing certificates shall start from the date on which they are temporarily impounded in reality.

The period for temporary impoundment of material evidence and means of commission of administrative violations, licenses or practicing certificates shall not longer than the limitation period for issue of administrative sanction decisions under the provisions of Article 66 herein. In cases where the temporary impoundment is needed as a way to securing performance of obligations to execute sanction decisions as provided in point c of clause 1 of this Article, the period for temporary impoundment shall expire after completely executing sanction decisions.

The person having the temporary impoundment authority must issue decisions on temporary impoundment or extension of the period for the temporary impoundment of material evidence and means used for commission of administrative violations, licenses or practicing certificates.

Thus, if you are penalized for a traffic violation for an alcohol content, your vehicle will be impounded for a period of 7 days from the commencement date in accordance with the law in Vietnam.

Are there frees for parking while the vehicle is impulsorily-seized in Vietnam?

In Clause 7, Article 126 of the Law on Handling of Administrative Violations 2012, the handling of temporarily seized material evidences and/or means, permits, professional practice certificates according to administrative procedures as follows:

7. The person having impulsorily-seized material evidences, means of administrative violations must pay onle expenses for warehousing, yard-storage and preservation of material evidences and means of administrative violations and other expenses in duration of temporaily seizing material evidences, means of administrative violations as prescribed in clause 8, Article 125 of this Law.

Not collecting charges of warehousing, yard-storage and preservation expenses in duration of temporaily seizing material evidences, means of administrative violations if the owners of material evidences, means have no fault in administrative violations or when applying measure of confiscating material evidences, means.

The Government prescribed in details about charge levels of impulsorily-seizing material evidences, means specified in Article 125 of this Law.

Accordin to this Article, if you are temporarily impounded for a traffic violation, when taking the vehicle, you must pay the expenses for parking in accordance with the law in Vietnam.

If time limit of temporarily impoundment of means used for commission of traffic violations is over, what is handling for the offending vehicle in Vietnam?

In Clause 4, Article 126 of the Law on Handling of Administrative Violations 2012, as amended by Point b, Clause 65, Article 1 of the Amended Law on Handling of Administrative Violations 2020, it provides for the handling of temporarily seized material evidences and/or means, permits, professional practice certificates according to administrative procedures:

4. Upon expiration of the period for the temporary impoundment of material evidence or means which are temporarily seized according to the provisions of points a and b of clause 1 of Article 125 herein, if violators, legitimate owners, custodians or users do not come to claim them without any sound reasons, they shall be disposed of as follows:

a) 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;

b) 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.

4a. For material evidence and/or means used for administrative violations which are temporarily impounded according to the provisions of point c of clause 1 of Article 125 herein, if individuals or organizations that are sanctioned for administrative violations fail to execute sanction decisions upon expiration of the time limit for execution of sanction decisions, within 05 working days after the expiration of the time limit for execution of sanction decisions, the persons having temporary impoundment authority must transfer material evidence and/or means used for commission of administrative violations to persons having authority to enforce the execution of sanctioning decisions to decide on the distraint or auction thereof in accordance with laws to assure the execution of sanction decisions.

4b. Upon the expiration of the temporary impoundment period of licenses or practicing certificates, or the limitation period for execution of sanction decisions, if violators do not come to claim them back without sound reasons, within 10 working days after the expiration of the temporary impoundment period or the limitation period for execution of sanctioning decisions, persons having temporary impoundment authority must transfer them to the agencies that have issued those kinds of papers to proceed to carry out revocation procedures in accordance with laws, and inform violators.

Therefore, if the vehicle is temporarily impounded due to an alcohol violation, if time limit of temporarily impoundment of means used for commission of traffic violations is over, the violator does not come to receive it, the seized vehicle will be handled according to the above-mentioned law in Vietnam.

Best Regards!