What are the requirements for places of temporary custody of seized exhibits and confiscated means?

The Government of Vietnam has unanimously issued Decree 115/2013/ND-CP regulating the management and preservation of exhibits and means of administrative violations that are temporarily seized or confiscated according to administrative procedures.

Decree 115/2013/ND-CP stipulates that the place for temporary custody of exhibits and administrative violation vehicles that are held or confiscated according to administrative procedures must meet the following conditions:

Place for temporary custody of administrative violence exhibits, Decree 115/2013/ND-CP

Illustration (source: internet)

- The place for temporary custody of exhibits and vehicles held or confiscated shall be houses, warehouses, yards, ports, agency headquarters or other places decided by the person with authority to hold or confiscate.- The place for temporary custody of exhibits and vehicles held or confiscated must ensure safety against fire and explosion and meet environmental protection conditions.- Based on the specific characteristics of the locality and on the proposal of competent authorities, the Chairman of the provincial or municipal People's Committee under the Central Government shall decide to build a common place for temporary custody of exhibits and vehicles in the locality. For agencies that frequently have to hold a large number of exhibits and vehicles, the provincial or municipal People's Committee under the Central Government shall be responsible for allocating land and funds to build a place for temporary custody.- The provincial or municipal People's Committee under the Central Government is responsible for organizing the management of common places for temporary custody or assigning to a managing agency. Agencies with places for temporary custody of exhibits and vehicles or assigned to manage common places for temporary custody must arrange specialized staff to manage the held exhibits and vehicles.- Based on actual situation, the Chairman of the provincial or municipal People's Committee under the Central Government shall decide the form, scale, and design of the construction of places for temporary custody of exhibits and administrative violation vehicles in their locality.- The Ministry of Public Security shall specify the conditions for places for temporary custody of exhibits and violation vehicles.

More details can be found in: Decree 115/2013/ND-CP effective from November 18, 2013.

Thu Ba

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