When Are Organizations and Individuals in Violation Allowed to Retain Administrative Violation Means of Transport?

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Article 14 Decree 115/2013/ND-CP stipulates that administrative violating transport means are temporarily kept to ensure the enforcement of the administrative violation penalty decision. If the violating organization or individual meets one of the conditions below, the person competent to keep the means may assign the violating organization or individual to keep and preserve the means under the management of the competent keeping authority:

- The violating individual must present the household registration book or temporary residence book or have a confirmation from the agency or unit about the workplace; if the violating organization must have a specific and clear operating address confirmed by the commune-level People's Committee; have a place to keep and preserve the means that meets the conditions specified in Clause 2, Article 6 of this Decree;- The violating organization or individual has the financial ability to provide a security deposit and can be allowed to keep and preserve the means.

When assigning means to the violating organization or individual for keeping and preserving, a record must be made. The record must clearly state the name, quantity, volume, characteristics, type, brand, origin, place of keeping and preserving, condition of the means (if any) and must be signed by the violating organization or individual and the person with the authority to keep. The record is made in two copies, each party keeps one copy.

Regarding the competent keeping authority: Must notify the commune-level People’s Committee where the means are being kept and preserved by the violating organization or individual to coordinate in monitoring and managing.

Some notes:

- During the time the means are assigned for keeping and preserving, the organization or individual is allowed to change the place of keeping and preserving if agreed in writing by the competent keeping authority.- The violating means during the time assigned to the organization or individual for keeping and preserving shall not be allowed to circulate, the vehicle registration certificate will be temporarily kept to ensure the enforcement of the penalty decision (except in case the violating organization or individual has provided a security deposit).- During the time assigned for keeping and preserving the means, if the violating organization or individual does not comply with the regulations on the place of keeping and preserving, arbitrarily changes the place of keeping and preserving, uses the violating means assigned for keeping and preserving contrary to the law, the violating means will be moved to the keeping place according to the regulations; in case of loss, sale, exchange, pledge, or other disposition of the means, the organization or individual must take responsibility and be handled according to the law.

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

Thu Ba

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