Guideline on 02 Steps for Receiving Temporarily Seized or Confiscated Objects and Means

Decree 115/2013/ND-CP stipulates that when receiving administratively confiscated items and means, the person assigned the task of management and preservation must perform the following steps:

Illustrative image (source: internet)

- Check the decision on temporary custody, confiscation, the record of temporary custody, confiscation, and other relevant documents.- Compare and contrast the confiscated items and means with the record of temporary custody, confiscation, and the inventory list regarding the name of goods, quantity, quality, volume, type, brand, origin; sealing condition (if any); record it in the monitoring book and request the delivering party to sign the book.

The decree details the regulations on the management, preservation, handover, and receipt of administratively confiscated items and means. Specifically, the person assigned to manage and preserve the temporally held and confiscated items and means must categorize each item and means to arrange them in the correct position, facilitating management and preservation tasks.

For cases where the confiscated items and means are such that the competent authority does not have adequate means or technical conditions to transport them to the designated temporary custody place, or the detention place does not meet the necessary conditions for preservation, the competent authority issuing the temporary custody decision can assign the People's Committee of the commune, ward, or commune-level town where the confiscated items and means are located or assign an individual or organization with the confiscated items and means to manage and preserve them, provided that such assignment does not affect the ensuring of administrative violation handling.

The People's Committee of the commune, ward, commune-level town, or the individual or organization assigned to manage the confiscated items and means must arrange a detention place meeting the conditions prescribed in Clause 2, Article 6 of this Decree, and must apply all necessary measures to preserve the assigned property, strictly comply with the decisions of the competent authority issuing the temporary custody decision. If the property is lost or damaged due to their fault, they must bear legal responsibility.

Particularly, when handing over and receiving confiscated items and means, a record must be made, clearly stating the quantity, quality, volume, type, brand, origin, and condition (if any). The record is made in two copies, signed by both parties, and each party keeps one copy.

See more regulations at Decree 115/2013/ND-CP, effective from November 18, 2013.

Thu Ba

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