This is a new notable content of Decree No. 31/2020/NĐ-CP of Vietnam’s Government on amendments to Decree No. 115/2013/NĐ-CP on management and preservation of exhibits and vehicles of administrative violations seized or confiscated according to administrative procedures.
Article table of contents
Decree No. 31/2020/NĐ-CP of Vietnam’s Government has amended the regulations on management, preservation, assignment and receipt of exhibits and vehicles temporarily detained and confiscated at the People's Committee of the commune.
Specifically, according to Clause 4 Article 1 of Decree No. 31/2020/NĐ-CP amending Clause 2 Article 13 of Decree No. 115/2013/NĐ-CP, management and preservation regimes of the People's Committee of the commune are prescribed as follows:
People’s Committees of communes, wards or townlets or individuals, organizations possessing suspended exhibits and vehicles upon being assigned to manage and preserve exhibits and vehicles are responsible for arranging locations for suspension, adopting measures as specified in Clause 4 Article 6 of this Decree to manage and preserve assigned assets and complying with decisions of competent individuals capable of issuing decisions on suspending exhibits and vehicles. Be responsible to the law for any loss or damage to the commodities.
According to Clause 2 Article 1 of Decree No. 31/2020/NĐ-CP amending Clause 4 Article 6 of Decree No. 115/2013/NĐ-CP:
4. With respect to offices or cases specified in Clause 2 Article 13 of this Article serving as temporary storage, adopt measures to ensure security, order, fire and explosion safety and dry and airy conditions; install lighting systems, equipment and devices suitable for managing and preserving seized and confiscated exhibits and vehicles.
Thus, from May 01, 2020, if the Commune People's Committee is the place where the evidence is temporarily kept, it must adopt measures to ensure security, order, fire and explosion safety and dry and airy conditions; install lighting systems, equipment and devices suitable for managing and preserving seized and confiscated exhibits and vehicles. Currently, according to Decree No. 115/2013/NĐ-CP of Vietnam’s Government, in case the Commune People's Committee is the place of temporary detention, it is only required to ensure safety in terms of fire and explosion prevention and to meet environmental protection conditions as well as to apply all necessary measures to preserve assigned assets, strictly comply with the decisions of the person competent to decide to temporarily confiscate exhibits and means.
It can be seen that, in comparison with Decree No. 115/2013/NĐ-CP, Decree No. 31/2020/NĐ-CP has higher requirements for Commune People's Committees when temporarily confiscating evidence. Higher requirements for places where exhibits are temporarily kept have a positive meaning, resulting in better preservation of violation exhibits and reducing wear and tear during the handling of administrative violations. However, for commune-level administrative units, not all places have enough conditions to comply with the provisions of Decree No. 31/2020/NĐ-CP. Therefore, it is necessary to consider other factors before deciding to choose the Commune People's Committee as the place to temporarily keep evidence.
View more amendments and supplements of Decree No. 31/2020/NĐ-CP of Vietnam’s Government HERE.
Toan Trung
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- Decree No. 31/2020/NĐ-CP
