DECREE NO. 115/2013/ND-CP ON THE MANAGEMENT AND PRESERVATION OF EVIDENCE AND MEANS OF VIOLATION OF ADMINISTRATIVE REGULATIONS BEING TEMPORARILY HELD OR CONFISCATED THROUGH ADMINISTRATIVE PROCEDURES

DECREE

Article 24||| Regulations on the management and preservation of evidence items and means of administrative violations that are temporarily detained,

confiscated according to administrative proceduresh

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On the basis of the Lawt Torganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. Organization Government Decree dated June 25, 1Based on the Law on Gender Equality dated November 29,1;

Pursuant to the Law Xhandling administrative violations on June 20, 2012;

At the proposal of the Minister of Public Security;

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government issued a Decree stipulating the management and preservation of evidence items and means of administrative violations that are temporarily detained; confiscated according to administrative proceduresi 1. This Decree stipulates the regime for managing and preserving evidence items and means of administrative violations that are temporarily detained, confiscated (hereinafter referred to as evidence items and means of administrative violations that are temporarily detained, confiscated); the responsibilities and authorities of agencies and individuals managing and preserving such items; the rights and obligations of agencies, organizations, and individuals with evidence items and means of administrative violations that are temporarily detained, confiscated..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Evidence items and means of administrative violations are Vietnamese currency, foreign currency, documents, materials, certificates related to assets, valuable securities, gold, silver, precious stones, precious metals, narcotics, weapons, explosives, auxiliary tools, objects of historical value, cultural value, national treasures, antiques, rare forest products, various animals, plants, goods, items prone to damage, prohibited circulation items, and other special assets not subject to this Decree but governed by the Law on Handling Administrative Violations.

1. Vietnamese organizations and individuals and foreign organizations and individuals having evidence items and means of administrative violations that are temporarily detained, confiscated.

Article 2. Applicability

2. Agencies, organizations, and individuals involved in the management and preservation of evidence items and means of administrative violations that are temporarily detained, confiscated.

Article 3. Principles for managing and preserving evidence items and means of administrative violations that are temporarily detained, confiscated

2. Ensuring the maintenance of the value, quality, and standards of evidence items and means of administrative violations that are temporarily detained, confiscated.

1. Appropriation, sale, exchange, pledge, mortgage, substitution, illegal use of temporarily detained or confiscated evidence items and means and temporarily detained licenses and certificates of professional practice and other acts of profiteering.

3. Only accepting, returning, transferring evidence items and means of administrative violations that are temporarily detained, or accepting, transferring evidence items and means of administrative violations that are confiscated when authorized by a competent authority.

Article 4. Prohibited acts

Article 8. Prohibited acts

1. Appropriating, selling, exchanging, pledging, mortgaging, substituting, swapping, and other acts of profiteering involving evidence items and means of administrative violations that are temporarily detained, confiscated.

2. Violating seals, taking evidence items and means of administrative violations that are temporarily detained, confiscated out of the detention place illegally.

3. Losing, missing, destroying, intentionally damaging evidence items and means of administrative violations that are temporarily detained, confiscated.

Article 5. Funding for managing and preserving evidence items and means of administrative violations that are temporarily detained, confiscated

1. Funding for managing and preserving evidence items and means of administrative violations that are temporarily detained, confiscated includes expenses for construction, repair, expansion, upgrading of facilities or renting temporary detention places; purchasing necessary equipment and means for management, preservation, transportation, delivery, receipt, and appraisal of evidence items and means of administrative violations that are temporarily detained, confiscated; expenses for publicizing on mass media; expenses for processing evidence items and means of administrative violations that are temporarily detained, confiscated which are no longer usable, and other expenses as prescribed by law.

2. Funding for managing and preserving evidence items and means of administrative violations that are temporarily detained, confiscated shall be guaranteed according to the State Budget Law and current budget management decentralization regulations.

3. The Minister of Finance shall specify detailed provisions on funding for managing and preserving evidence items and means of administrative violations that are temporarily detained, confiscated; storage fees, wharfage fees, and preservation fees for evidence items and means of administrative violations that are temporarily detained.

Chapter II

MANAGEMENT AND PRESERVATION OF EVIDENCE ITEMS AND MEANS OF ADMINISTRATIVE VIOLATIONS THAT ARE TEMPORARILY DETAINED, CONFISCATED

Article 6. Place of Temporary Detention and Confiscation of Contraband Items and Means

1. The place of temporary detention and confiscation of contraband items and means shall be a house, warehouse, wharf, yard, ship dock, office premises, or another location determined by the competent authority to temporarily detain or confiscate such items and means.

2. The place of temporary detention and confiscation must ensure safety against fire and explosion and meet environmental protection requirements.

3. Based on the specific characteristics of the locality and upon the proposal of the competent authorities responsible for temporarily detaining contraband items and means, the Chairman of the People's Committee of the province or centrally governed city decides to establish a common place of temporary detention of contraband items and means in the locality; for agencies that regularly need to temporarily detain a large number of contraband items and means, the provincial or centrally governed city People's Committee shall be responsible for allocating land and funding for construction of the place of temporary detention.

4. The provincial or centrally governed city People's Committee is responsible for organizing management of the common place of temporary detention or entrusting it to an agency for management. The agency with a place of temporary detention of contraband items and means or entrusted with managing the common place of temporary detention must arrange specialized staff to manage contraband items and means that have been temporarily detained.

5. Based on actual circumstances, the Chairman of the People's Committee of the province or centrally governed city decides on the form and scale of design and construction of the place of temporary detention of administrative violation contraband items and means in their locality.

6. The Ministry of Public Security shall specify the conditions for the place of temporary detention of contraband items and means involved in violations.

Article 7. Duties and Authorities of the Head of the Agency Managing and Safeguarding Contraband Items and Means Temporarily Detained or Confiscated

1. Direct, monitor, inspect, and supervise the implementation of measures for managing and safeguarding contraband items and means temporarily detained or confiscated.

2. Assign staff to manage and safeguard contraband items and means temporarily detained or confiscated in accordance with the conditions of the place of temporary detention.

3. Timely notify the agency issuing the decision on temporary detention when contraband items and means temporarily detained exceed the detention period; when contraband items and means temporarily detained have been decided to be returned but the owner or lawful user has not come to collect them; and when contraband items and means temporarily detained or confiscated are lost or damaged; in cases where there are signs of criminal offenses, immediately report to the competent investigative agency.

4. Notify the professional auction organization or auction committee about contraband items and means that have been decided to be confiscated for auction.

5. Take the lead and coordinate with the local People's Committee, people's armed forces, and relevant agencies and units to move contraband items and means temporarily detained or confiscated to safe locations in case of natural disasters or other situations threatening the safety of such items and means.

6. Propose and report to the superior head or competent agency on the status, protection plan, upgrading, and repair of the place of temporary detention of contraband items and means temporarily detained or confiscated.

Article 8. Duties and Authorities of Personnel Managing and Safeguarding Contraband Items and Means Temporarily Detained or Confiscated

1. Accept contraband items and means temporarily detained or confiscated according to the decision of the competent authority; return contraband items and means temporarily detained or transfer them to the investigative agency or another agency when so decided by the competent authority.

2. Manage and safeguard contraband items and means temporarily detained or confiscated in accordance with the management regulations.

3. Regularly inspect the place of temporary detention; promptly detect lost or damaged contraband items and means or places of temporary detention that do not ensure safety, and take timely remedial measures.

4. Record in the logbook and fully document the time, date, month, year of acceptance, return, and transfer of contraband items and means; the condition of contraband items and means; clearly record the decision number, detention or confiscation time and reason, and the name and position of the decision maker, giver, and receiver of the contraband items and means.

5. Daily statistics and periodic reporting to the head of the agency managing contraband items and means temporarily detained or confiscated on:

a) The quantity of contraband items and means temporarily detained or confiscated;

b) Contraband items and means returned to the owner, manager, or lawful user;

c) The quantity of contraband items and means that have exceeded the detention period but the owner, manager, or lawful user has not come to collect;

d) The quantity of contraband items and means transferred to competent agencies;

đ) The total quantity of contraband items and means currently temporarily detained.

Article 9. Responsibilities in managing and preserving seized items and means of transport

1. The person issuing the decision to temporarily detain or confiscate shall be responsible for managing and preserving the seized items and means of transport.

2. In cases where the seized items or means of transport are lost, sold, stolen, damaged, missing parts, or replaced, the person issuing the decision to temporarily detain or confiscate shall bear responsibility for compensation and be subject to legal sanctions as prescribed by law. The person directly managing and preserving the seized items and means of transport must bear legal responsibility before the law and the person issuing the decision to temporarily detain or confiscate regarding the management and preservation of the seized items and means of transport.

Article 10. Rights of organizations and individuals with seized items and means of transport

1. To lodge complaints or reports against unlawful acts or decisions of authorized persons temporarily detaining or confiscating administrative violation items and means of transport according to the law on complaints and reports.

2. To inspect before receiving back the seized items and means of transport upon expiration of the detention period.

3. To request officers managing the items to record in a protocol about the loss, theft, damage, or shortage of assets during the detention period and to demand the agency managing the seized items and means of transport to compensate according to the law.

Article 11. Obligations of organizations and individuals with seized items and means of transport

1. Strictly comply with the decision to temporarily detain or confiscate administrative violation items and means of transport.

2. Receive back the seized items and means of transport according to the deadline specified in the temporary detention decision.

3. Pay storage fees, wharfage fees, preservation fees for seized items and means of transport, and other expenses during the detention period as prescribed.

No storage fees, wharfage fees, or preservation fees will be charged during the detention period for administrative violation items and means of transport if the owner has no fault in the administrative violation or if the confiscation measure is applied to the violator's items and means of transport or organization/person according to Articles 14 and 15 of this Decree.

Article 12. Acceptance of seized items and means of transport

When accepting seized items and means of transport, the person assigned the task of managing and preserving them shall perform the following steps:

1. Check the decision on temporary detention, confiscation, the record of temporary detention, confiscation, and other related documents.

2. Compare and cross-check the seized items and means of transport with the detention and confiscation protocols and inventory lists detailing the name of goods, quantity, quality, weight, type, brand, origin; sealing status (if applicable); enter into the tracking logbook and require the delivering party to sign the logbook.

Article 13. Management, preservation, delivery, and receipt of seized items and means of transport

1. The person assigned the task of managing and preserving seized items and means of transport must classify each item and means of transport to arrange and organize them according to their designated positions, facilitating effective management and preservation.

2. In cases where the seized items and means of transport are objects that the authorized authority does not have the necessary conditions in terms of equipment and technology to move to the detention location or the detention location lacks the necessary conditions for preservation, the person issuing the detention decision may entrust the People's Committee of the commune, ward, town where the seized items and means of transport are located or entrust the organization or individual holding the seized items and means of transport to manage and preserve them, provided that it does not affect the enforcement of administrative violations.

The People's Committee of the commune, ward, town or the organization or individual entrusted with managing the seized items and means of transport must arrange a detention location meeting the conditions stipulated in Clause 2, Article 6 of this Decree and apply all necessary measures to preserve the entrusted assets, strictly comply with the decisions of the authorized authority issuing the detention decision. If the assets are lost or damaged due to their own fault, they must bear legal responsibility.

3. When delivering or receiving seized items and means of transport, a protocol must be established, clearly stating the quantity, quality, weight, type, brand, origin, and condition (if applicable). The protocol is made in two copies, signed by both parties, and each party retains one copy.

Article 14. Handing over traffic administrative violation vehicles to the violator for custody and preservation

1. Means of transport violating administrative regulations that are temporarily detained to ensure the execution of the administrative penalty decision, if the violator organization or individual meets one of the following conditions, the authorized authority may entrust the violator organization or individual to keep and preserve the means of transport under the supervision of the authorized authority:

a) The individual violator must present a household registration book or temporary residence certificate or a confirmation letter from the unit or organization about their workplace; if the organization violates, it must have a clear and specific address of operation confirmed by the People's Committee of the commune, ward, town, and a place to keep and preserve the means of transport meeting the conditions stipulated in Clause 2, Article 6 of this Decree;

b) The violator organization or individual has the financial capability to provide a guarantee deposit, then they may be allowed to keep and preserve the means of transport.

2. When entrusting the means of transport to the violator organization or individual to keep and preserve, a protocol must be established. The protocol must clearly state the name, quantity, weight, characteristics, type, brand, origin, place of keeping and preserving, and condition of the means of transport (if applicable), and must be signed by the violator organization or individual and the authorized authority. The protocol is made in two copies, each party retains one copy.

3. The authorized authority must notify the People's Committee of the commune, ward, town where the means of transport is being kept and preserved by the violator organization or individual to coordinate in monitoring and managing.

4. During the period of entrusting the means of transport to the violator organization or individual to keep and preserve, they may change the place of keeping and preserving with the written consent of the authorized authority.

5. The means of transport violating regulations during the period entrusted to the violator organization or individual to keep and preserve will not be allowed to circulate, and the vehicle registration certificate will be temporarily detained to ensure the execution of the penalty decision (except in cases where the violator organization or individual has provided a guarantee deposit).

6. During the period entrusted with custody and preservation of the means of transportation, if organizations or individuals violate regulations on the place of custody and preservation, arbitrarily change the place of custody and preservation, or use the means of transportation entrusted for custody and preservation in violation of the law, such means of transportation will be transferred to the temporary holding place according to the provisions; in case of loss, sale, substitution, exchange, pledge, or other acts of disposal of the means of transportation, they shall bear responsibility and be subject to legal sanctions.

Article 15. Deposit for Guaranteeing Seized Traffic Means

1. In cases where a deposit for the release of temporarily detained traffic means is allowed, it shall be carried out in accordance with the provisions of Point b Clause 1 Article 14 of this Decree.

2. The authority temporarily seizing traffic means violating administrative regulations has the authority to decide whether organizations and individuals can deposit for guarantee of such traffic means.

3. Procedures and amount of deposit:

a) Organizations or individuals make a deposit to the authority temporarily holding the means of transportation. The amount of deposit must be at least equal to the maximum fine within the prescribed fine range for the violation. The deposit will be returned to the organization or individual making the deposit after the violator has fully complied with the penalty decision.

The act of making a deposit and returning the amount thereof must be recorded in a record. The record is made in two copies, one copy handed over to the organization or individual making the deposit.

b) Within ten days from the expiration date of the deadline for compliance with the penalty decision, if the organization or individual does not comply with the penalty decision, the deposit amount will be converted into the penalty amount; in case the deposit amount exceeds the penalty amount, the remaining deposit amount after deducting the penalty amount will be returned to the organization or individual making the deposit.

4. Management and preservation of traffic means when a deposit is made shall be carried out in accordance with the provisions of Clauses 2, 3, 4, 5, and 6 of Article 14 of this Decree.

5. Cases where a deposit is not allowed:

a) The traffic vehicle involved in the violation is evidence in a criminal case;

b) Traffic means that are currently registered for security transactions;

c) Traffic means used for illegal racing, resisting public officials, disrupting public order, or causing traffic accidents;

d) Registration certificate of the means of transportation that is forged or altered;

đ) Fake license plates, means of transportation that have been illegally changed frame number, engine number, or erased frame number, engine number.

Article 16. Procedure and procedures for returning seized items or transferring seized items or confiscated items

1. When returning seized items or transferring seized items or confiscated items, the person entrusted with the task of managing and preserving shall be responsible for:

a) Checking the decision to return or transfer the seized items; checking the identity card and other related documents of the person receiving;

b) Requesting the person receiving to compare the seized items with the detention record to check the type, quantity, volume, quality, characteristics, and condition of the seized items or confiscated items under the supervision of management staff. The handover and receipt of seized items must be recorded in a record;

c) In case of transferring the seized items to investigative agencies, professional auction organizations, specialized state management agencies, or appraisal agencies, the manager and preserver of the seized items or confiscated items must record the quantity, volume, weight, type, brand, origin, and condition of the seized items or confiscated items. The record is made in two copies signed by both parties, each party keeps one copy;

d) For confiscated items that have been decided by authorized authorities to be transferred to state agencies for management and use, the agency issuing the confiscation decision shall take the lead and coordinate with the financial agency at the same level to organize the transfer to the agency responsible for management and use in accordance with the laws on state asset management and use.

2. The manager and preserver shall only carry out the return or transfer of seized or confiscated items when all procedures as stipulated in Point a Clause 1 of this Article are complete.

3. After the seized or confiscated items are removed from the detention place, the recipient of the items shall be responsible for any loss or changes to the items.

Article 17. Handling of Seized Items and Means of Transport Exceeding the Temporary Detention Period

For seized items and means of transport that have exceeded the temporary detention period, if the violator does not come to claim them without a legitimate reason or in cases where the violator cannot be identified, the person who issued the decision on temporary detention must announce at least twice via central or local mass media in the location where the items and means of transport are temporarily detained, and publicly post notices at the headquarters of the authority with the power to temporarily detain; within thirty days from the date of the last announcement on mass media and public posting, if the violator does not come to claim the items and means of transport, the authority with the power must issue a decision to confiscate the administrative violation items and means of transport for handling according to Article 82 of the Law on Handling Administrative Violations and other relevant laws.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Decree takes effect from November 18, 2013.

2. Repeal Decree No. 70/2006/NĐ-CP dated July 24, 2006 on the management of seized items and means of transport under administrative procedures, and Decree No. 22/2009/NĐ-CP dated February 24, 2009 amending and supplementing certain articles of Decree No. 70/2006/NĐ-CP dated July 24, 2006 on the management of seized items and means of transport under administrative procedures.

Article 19. Responsibility for Implementation

1. The Minister of Public Security shall provide detailed implementation regulations for this Decree.

2. The Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for building or allocating land and funding to ensure the management of seized items and means of transport, and confiscated items at their respective locations, and directing relevant agencies in their locality to cooperate in ensuring security, order, and safety at the detention sites.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.