Vietnam: Form of decisions on deposit offsetting

10:47, 08/03/2020

Recently, the Government of Vietnam issued Decree No. 31/2020/NĐ-CP on amendments to Decree No. 115/2013/NĐ-CP dated October 03, 2013 of Vietnam’s Government on management and preservation of exhibits and vehicles of administrative violations seized or confiscated according to administrative procedures.

mau quyet dinh khau tru dat tien bao lanh phuong tien VPHC, Nghi dinh 31/2020/NĐ-CP

DOWNLOAD Form of decisions on deposit offsetting

Currently, decisions on offsetting deposits are considered the basis for determining that the violating organization or individual has implemented the decision to sanction administrative violations and are allowed to put into use the violating vehicle that is being kept and preserved. Violating organizations and individuals that have the financial ability to post bail money can be considered for custody and preservation of the vehicle.

Decree No. 31/2020/NĐ-CP of Vietnam’s Government newly issues the Form of decisions on deposit offsetting. Competent individuals capable of suspending the vehicles for committing administrative violations are entitled to allow organizations and individuals to pay deposit for the vehicles.

Within 10 days from the date on which penalty decisions expire and organizations and individuals have not complied with said decisions, competent individuals capable of imposing administrative penalties shall issue decisions on offsetting deposit payment using form under Annex attached to this Decision.

Within 2 days from the date on which decisions above are issued, competent individuals shall send the decisions to organizations and individuals subject to said decisions according to address specified in the decisions. In case the deposit amount exceeds the penalty amount, the remaining shall be returned to organizations and individuals who placed the deposits. The return of the remaining amount must be made into records. The records must specify date of return, name, titles of persons returning the remaining amount, name of organizations and individuals receiving the money, reason and amount of money received. The records shall be made into 2 copies, each party shall keep 1 copy. The remaining amount shall be returned to organizations and individuals according to the address specified in penalty decisions.

View full text at Decree No. 31/2020/NĐ-CP of Vietnam’s Government, effective from May 01, 2020.

Thu Ba

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