Prohibition of Officials from Performing These 3 Actions When Managing Temporarily Seized Vehicles

This is a notable content stipulated in Decree 115/2013/ND-CP issued by the Government of Vietnam concerning the management and preservation of material evidence and means of administrative violations temporarily held and confiscated according to administrative procedures.

Currently, the regulations state that exhibits and means of administrative violations, including Vietnamese currency, foreign currencies, papers, documents, vouchers related to assets, valuable certificates, gold, silver, precious stones, precious metals, drugs, weapons, explosives, support tools, objects of historical value, cultural value, national treasures, antiques, rare forest products, types of animals, plants, goods, perishable items, prohibited items, and other special assets do not apply to Decree 115/2013/ND-CP, but follow the regulations of the Law on Handling of Administrative Violations.

Prohibited Acts When Managing and Preserving Exhibits and Means Under Temporary Custody, Decree 115/2013/ND-CP

Illustrative Image (source internet)

Article 4 of Decree 115/2013/ND-CP stipulates that agencies, organizations, and individuals related to the management and preservation of exhibits and means of administrative violations under temporary custody or confiscation may not perform the following acts:

- Appropriating, selling, exchanging, pledging, mortgaging, swindling, replacing exhibits, means under temporary custody or confiscation, and other profiteering acts.- Violating the seal, taking exhibits, means under temporary custody or confiscation out of the storage place illegally.- Losing, missing, destroying, intentionally damaging exhibits, means under temporary custody or confiscation.

Particularly, when managing, preserving exhibits, means under temporary custody or confiscation, the following principles must be absolutely adhered to:

- Exhibits and means under temporary custody or confiscation must be managed and preserved tightly, safely, arranged reasonably, easily checked, avoiding confusion, and preventing environmental pollution and disease spread.- Ensure the maintenance of value, quality, and standards of the exhibits, means under temporary custody or confiscation.- Only receive, return, transfer exhibits, means under temporary custody, or receive, transfer exhibits, means under confiscation to agencies, organizations, individuals upon the decision of the competent authority.

More details can be found in Decree 115/2013/ND-CP, which took effect from November 18, 2013.

Thu Ba

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