Decree 115: Security Deposit for Temporarily Seized Vehicles

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To be specific: organizations and individuals who have committed violations and possess the financial capability to place a deposit can keep and manage the vehicles. The case of placing a deposit for the temporarily detained vehicle following administrative procedures shall be conducted according to the provisions at Point b Clause 1 Article 14 of Decree 115/2013/ND-CP. The competent authority, who has the power to temporarily detain the administratively violating vehicle, also has the authority to decide to allow organizations and individuals to place deposits for the vehicle.

Regarding the procedures and deposit amounts, the implementation shall be as follows:

Step 1: The organization or individual places a deposit for the competent authority who has the power to temporarily detain the vehicle. The deposit amount must be at least equal to the maximum fine in the fine bracket stipulated for the violation. The deposit shall be returned to the organization or individual after they have complied with the penalty decision.

Note: The placement and return of the deposit must be recorded in writing. The record shall be made in two copies, one copy handed over to the organization or individual placing the deposit;

Step 2: Within 10 days from the expiry date of penalty compliance, if the organization or individual does not comply with the penalty decision, the deposit amount shall be converted into the penalty amount; if the deposit amount is larger than the penalty amount, the remaining amount after deducting the penalty shall be returned to the organization or individual placing the deposit.

The management and custody of vehicles in the case of deposit placement shall be implemented according to Clauses 2, 3, 4, 5, and 6 of Article 14 of this Decree.

Notably, deposits for custodial vehicles are not allowed in the following cases:

- The vehicle involved in the violation is evidence in a criminal case;- The vehicle is under a secured transaction registration;- The vehicle is used for illegal racing, resisting law enforcement officers, causing public disorder, or traffic accidents;- The registration papers are forged or altered;- The license plates are fake, the vehicle's chassis number or engine number has been altered or erased.

See further related regulations at Decree 115/2013/ND-CP which took effect on November 18, 2013.

Thu Ba

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