Guidelines for temporary confiscation of exhibits and means of administrative violations, practising licenses or certificates in Road Traffic

Guidelines for temporary confiscation of exhibits and means of administrative violations, practising licenses or certificates in Road Traffic

According to Clause 2, Article 21 of Circular 32/2023/TT-BCA (amended by Clause 4, Article 1 of Circular 28/2024/TT-BCA), the procedure for temporary confiscation of exhibits and means of administrative violations, practising licenses or certificates in Road Traffic is as follows:

- Upon discovering a violation that requires the temporary confiscation of exhibits and means of administrative violations, practising licenses or certificates, the Head of the Traffic Police Team must directly inform or assign a member of the Team to inform the violator and those present, drawing up an administrative violation record and a temporary seizure record for the material evidence, vehicles, licenses, and professional certificates.

If the material evidence, vehicle, or item is to be sealed, sealing must be conducted according to Article 22 of Circular 32/2023/TT-BCA.

- Within 24 hours from the time the record is drawn up, the traffic police officer must report to the competent authority regarding the temporarily seized material evidence, vehicles, licenses, and professional certificates for a decision on the seizure.

For perishable goods, the traffic police officer must immediately report to their direct supervisor for handling. If there is spoilage or loss, they must compensate according to legal regulations.

If a seizure decision is not made, the temporarily seized materials, vehicles, licenses, and professional certificates must be returned immediately (provided the violator presents the physical license or professional certificate).

- In cases where the person operating the vehicle is not present at the scene or deliberately evades, obstructs, or does not comply, the traffic police officer must draw up a working record and a temporary seizure record with the signature of a representative of the local government or at least one witness. They should use technical equipment (such as cameras) to document the incident and take measures to transport the material evidence or vehicles to a temporary holding place (either directly or by hiring an organization or individual). Notification should be sent to the vehicle owner or violator to resolve the situation (using Form No. 02 issued with Circular 32/2023/TT-BCA). The violator must bear the cost of transporting the material evidence or vehicle to the temporary holding place.

	Form No. 02

- In cases where only a monetary fine is imposed, the traffic police officer temporarily keeps one of the following documents in order (unless these documents show signs of forgery and need to be verified to clarify the violation):

+ Driver's license

+ Certificate of road traffic law knowledge or Vehicle registration certificate or certified copy of vehicle registration certificate with the original valid credit organization's receipt (during the period the credit organization holds the original vehicle registration certificate) or Technical and environmental safety inspection certificate.

+ Certificate of validity of the inspection certificate and inspection stamp (for the types of vehicles required to be inspected) or other necessary documents related to the material evidence or vehicle as prescribed by law to ensure the enforcement of the penalty decision.

- In cases where seized vehicles are handed over to the violator for management and safekeeping to ensure the enforcement of the penalty decision, this must be done according to the Government of Vietnam's regulations on the management and safekeeping of material evidence and vehicles involved in administrative violations subject to administrative procedures.

- The authority, procedures for seizing and returning material evidence, vehicles involved in administrative violations, licenses, and professional certificates are implemented according to the regulations on the handling of administrative violations. The decision to seize material evidence, vehicles, licenses, and professional certificates is given to the violator in one copy. If it cannot be handed over directly, it is sent via public postal service or electronically (when infrastructure, technical, and information conditions are met).

- In cases where related documents to individuals and vehicles have been integrated and updated in the electronic identification, electronic identification account on the national identification application managed by the Ministry of Public Security, the seizure is conducted electronically, updating the seizure information in the administrative violation handling database and synchronizing it with the national identification application and databases managed by the Ministry of Public Security. This ensures that violators, vehicle owners (for documents of vehicle owners), comply with road traffic order and safety regulations, assisting competent authorities in inspection, control, and handling of violations.

Forms, decisions by competent authorities regarding the seizure, and return of documents are performed according to legal templates and may be prepared and sent electronically via the national identification application, other applications, and electronic information systems when technical conditions are met.

Vo Tan Dai

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