Procedures for processing Deposit on vehicles temporarily confiscated under administrative procedures in Vietnam

Procedures for processing Deposit on vehicles temporarily confiscated under administrative procedures in Vietnam (Internet image) 

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

1. Procedures for processing Deposit on vehicles temporarily confiscated under administrative procedures in Vietnam

Procedures for processing Deposit on vehicles temporarily confiscated under administrative procedures in Vietnam according to Clause 3, Article 15 of Decree 138/2021/ND-CP are as follows:

- Violating organizations and individuals shall submit applications for paying deposit on vehicles involved in administrative violations to competent individuals in order to be allowed to store and maintain the vehicles;

The applications must contain:

+ Full name,

+ Personal identification number or ID Card number,

+ Permanent residence, temporary residence,

+ Occupation of violating individuals or name, address of violating organizations,

+ The administrative violations,

+ Name, quantity, characteristics, type, number, label, code, origin, year of manufacture, engine number, chassis number, volume (if any), conditions of the vehicles, and proposed storage locations;

- Within 2 working days from the date on which applications for paying deposit are received, competent individuals must consider and decide whether or not to allow violating organizations and individuals to pay deposit and store, maintain vehicles involved in administrative violations.

For cases with complicated facts which need more time for verification, within 3 working days from the date on which the applications are received, competent individuals entitled to temporarily confiscate must consider and decide whether or not to allow violating organizations and individuals to pay deposit and store, maintain vehicles involved in administrative violations.

In case of rejection, competent individuals must provide a written response and specify reasons for rejection;

- Once the competent individuals have issued the decision allowing deposits, the applicants can pay deposit in person or via accounts of the competent individuals.

The minimum deposit must equal the maximum fine within the fine bracket applicable to one violation; if the applicants commit multiple violations in a single case, the minimum deposit must equal the total of all maximum fines applicable to all violations.

The payment of deposits must be recorded. The record must contain:

+ Location of recording and date of deposit payment;

+ Full name and title of the competent individuals;

+ Name of organizations, individuals paying the deposit, personal identification number or id card number of the individuals paying the deposit;

+ Reasons for paying the deposit;

+ Deposit amount; duration of deposit;

+ Responsibilities of organizations and individuals paying the deposit.

The record must bear signature of the competent individuals and organizations, individuals paying the deposit. The record shall be made into 2 copies; each party shall keep 1 copy.

2. Cases where vehicles involved in administrative violations shall not be handed over to the violating organizations and individuals in Vietnam

According to Clause 4, Article 14 of Decree 138/2021/ND-CP, cases where vehicles involved in administrative violations shall not be handed over to the violating organizations and individuals include:

- The vehicles involved in the violations are evidence of a criminal case;

- The vehicles are used in illegal street races, resisting law enforcement officer in the performance of his/her duty, causing public disorder, or traffic accidents;

- The vehicles lack legitimate vehicle registration;

- The vehicles carry fabricated license plate, chassis or engine with chassis, engine number illegally altered or erased;

- The vehicles involved in violations that mandate additional penalties in form of vehicle confiscation.

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