Vietnam: It is required to make a record of handover and receipt of the administrative violator

Vietnam: It is required to make a record of handover and receipt of the administrative violator (Illustration)

According to Article 21 of Decree 112/2013/ND-CP on the handover and receipt of the administrative violator by the organizations or individuals escorting the violator in Vietnam:

- The person having the authority of temporary detention shall make a record of the handover and receipt of the administrative violator with the organization or individuals that escort the administrative violator or assign law enforcement officers to make a record of the handover and receipt of the administrative violator.

- The record of handover and receipt of the administrative violator must clearly state the hour, minute, date, month, year, and place for making the record; full name, position and address of the individual or organization that hands over or receives the violator; full name, address, ID card number or other identification papers of the violator; the violation; time and place of committing the violation; health status, the attitude of the violator, material evidence, his/her properties (if any) and other circumstances related to the handover and receipt of the administrative violator; if there are witnesses or victims, the record must detail the events they witnessed, the damages caused by the violator; names, addresses of the witnesses, and victims.

The record must bear the signatures of the party who hands over the violator and the party who receives the violator, and the violator, victim, witnesses (if any); the person having authority of administrative temporary detention must sign the record of handover and receipt of the administrative violator. In case the violator, victim, or witnesses refuse to sign, the person preparing the record must note the reason in the record. The record of handover and receipt of the administrative violator must be made in two copies and read aloud to all signatories; each party retains one copy.

- Immediately after the administrative violation is detected, prevented, and a record of the violation is made, or after preparing a record of handover and receipt of the administrative violator, if it is deemed necessary to detain the person under administrative procedures, the person having the authority of administrative temporary detention must immediately issue a temporary detention decision.

Note: In cases where there is insufficient evidence or it is unnecessary to apply administrative temporary detention, the individual must be immediately released, and all vehicles, property, and documents (if any) must be returned to them if these are not subject to administrative temporary detention for evidence and vehicles of administrative violations.

Further details may be found in Decree 112/2013/ND-CP effective from November 17, 2013.

Ty Na

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