Location for detention of temporarily confiscated exhibits and vehicles of administrative violations in Vietnam

Location for detention of temporarily confiscated exhibits and vehicles of administrative violations in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Location for detention of temporarily confiscated exhibits and vehicles of administrative violations in Vietnam

Location for detention of temporarily and permanently confiscated exhibits and vehicles and temporarily confiscated license of operation under Article 6 of Decree 138/2021/ND-CP are as follows:

- Location for detention of temporarily and permanently confiscated exhibits and vehicles shall be buildings, warehouses, storage, ports, seaport waters, head offices of agencies, or other locations decided by competent individuals and must satisfy requirements under Clauses 2, 3, and 4 of Article 6 of Decree 138/2021/ND-CP.

Location for detention of temporarily confiscated license of operation shall be head offices of individuals who produce records of temporary confiscation or individuals issue decisions on temporary confiscation.

- Locations for detention that are buildings, warehouses, and storage must

+ Ensure safety, security, and order; be equipped with fences, subject to regulations on entry, exit, environmental protection, fire prevention and control;

+ Remain dry and well-ventilated. If detention locations are outdoors, install roofs or take other sheltering measures;

+ Be equipped with lighting system, fire fighting, prevention equipment and facilities, technical equipment and vehicles suitable for management and maintenance of each type of temporarily and permanently confiscated and vehicle;

+ Satisfy safety requirements regarding fire safety, and prevent poisoning, radiation, environmental incident (for buildings, storage that are used for management and maintenance of temporarily and permanently confiscated exhibits and vehicles that pose risk of fire, explosion, toxic substances, or radioactive substances).

- Locations for detention that are ports, docks, and seaport waters must

+ Ensure safety, security, order, and regulations on entry, exit, environmental protection, fire prevention and control, and requirements under Point b and Point c Clause 2 of Article 6 of Decree 138/2021/ND-CP within the detention areas of temporarily and permanently confiscated exhibits and vehicles;

+ Install equipment that allows anchoring of vehicles, be subject to regulations on entry, exit of docks and seaport waters, arrangement, and anchoring of vehicles in addition to satisfying requirements under Point a of Clause 4 of Article 6 of Decree 138/2021/ND-CP (for inland waterway docks and seaport waters).

- Locations for detention that are head offices of agencies must be subject to security, order, safety, fire prevention and control measures, dry, well-ventilated, installed with lighting system, and appropriate vehicles and equipment.

- Arrangement of locations for detention of temporarily and permanently confiscated exhibits and vehicles

+ Arrangement of common detention locations:

Chairpersons of People’s Committees of provinces and central-affiliated cities shall, on the basis of request of competent authorities entitled to detain temporarily or permanently confiscated exhibits and vehicles, decide to build locations for detaining common exhibits and vehicles of the competent authorities with form and design scale of detention satisfying requirements for management and maintenance of exhibits and maintenance;

+ Arrangement of separate detention locations:

For agencies that must regularly detain temporarily or permanently confiscated exhibits and vehicles, People’s Committees of provinces and central-affiliated cities are responsible for building separate detention locations for said agencies;

+ In case agencies of competent individuals entitled to detain temporarily and permanently confiscated exhibits and vehicles are unable to construct detention locations with sufficient scale and safety requirements, the agencies may rent detention locations.

Rental rate and price shall be agreed upon without exceeding the price regulated by the People’s Committees of provinces and central-affiliated cities; rental agreements must be produced in accordance with the Civil Code;

+ In case temporarily and permanently confiscated exhibits and vehicles are small in size or quantity and the transport thereof to detention locations such as buildings, storage, or warehouses, competent individuals entitled to detain exhibits and vehicles may decide to detain the exhibits and vehicles at their head offices.

In this case, competent individuals entitled to detain temporarily and permanently confiscated exhibits and vehicles must arrange and assign the exhibits and vehicles to individuals directly in charge of management.

- People’s Committees of provinces and central-affiliated cities are responsible for organizing and managing common detention locations or assigning an agency to do so.

Agencies in provinces where locations for detention of temporarily and permanently confiscated exhibits and vehicles are situated or agencies assigned to manage common detention locations must designate personnel to manage and maintain the exhibits and vehicles, to be specific:

+ In case locations for detention of temporarily and permanently confiscated exhibits and vehicles are separate locations belonging to agencies, heads of the agencies shall designate personnel to manage and maintain the exhibits and vehicles;

+ In case locations for detention of temporarily and permanently confiscated exhibits and vehicles are common locations, personnel assigned to manage and maintain the exhibits and vehicles shall be decided by Chairpersons of People’s Committees of the same levels on the basis of agreement between local agencies.

2. Rights of organizations and individuals that own temporarily and permanently confiscated exhibits and vehicles of administrative violations in Vietnam

Rights of organizations and individuals that own temporarily and permanently confiscated exhibits and vehicles, temporarily confiscated license of operation in Vietnam under Article 10 of Decree 138/2021/ND-CP are as follows:

- Complain, accuse, recommend, and provide feedback regarding illegitimate actions or decisions of competent individuals entitled to detain, confiscate exhibits and vehicles, suspend license of operation in accordance with regulations and law on complaint and accusation.

- Examine prior to reclaiming temporarily confiscated exhibits and vehicles and temporarily confiscated license of operation when the detention period expires.

- Request individuals managing, maintaining temporarily and permanently confiscated exhibits and vehicles and temporarily confiscated license of operation to produce records on the loss, swap, damage of the items or parts thereof that occurs during the detention period and request agencies of individuals managing, maintaining temporarily confiscated exhibits, vehicles and temporarily confiscated license of operation to pay damages and/or compensation.

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