Decree No. 138/2021/NĐ-CP on the management and preservation of evidence items and means of administrative violations that are temporarily detained or confiscated and licenses and certificates of practice that are temporarily detained through administrative procedures.

DECREE
Regulations on the management and preservation of evidence items and means of administrative violations that are temporarily detained or confiscated and licenses and certificates of professional practice that are temporarily detained according to administrative procedures
The Government issues this Decree to regulate the management and preservation of evidence items and means of administrative violations that are temporarily detained or confiscated (hereinafter referred to as temporarily detained or confiscated evidence items and means) and licenses and certificates of professional practice that are temporarily detained (hereinafter referred to as temporarily detained licenses and certificates of professional practice); responsibilities and authorities of agencies and individuals managing and preserving temporarily detained or confiscated evidence items and means and temporarily detained licenses and certificates of professional practice; rights and obligations of agencies, organizations, and individuals with temporarily detained or confiscated evidence items and means and temporarily detained licenses and certificates of professional practice.
1. Vietnamese organizations and individuals and foreign organizations and individuals having temporarily detained or confiscated evidence items and means and temporarily detained licenses and certificates of professional practice.

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

2. Agencies, organizations, and individuals related to the management and preservation of temporarily detained or confiscated evidence items and means and temporarily detained licenses and certificates of professional practice.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Principles for the management and preservation of temporarily detained or confiscated evidence items and means and temporarily detained licenses and certificates of professional practice

Article 2. Applicability

2. Temporarily detained or confiscated evidence items and means must be ensured to remain intact, without considering the depreciation in value due to objective reasons such as weather, humidity, wear and tear over time, and other reasons.

3. Temporarily detained licenses and certificates of professional practice must be managed and preserved strictly, safely, arranged reasonably, easily inspected, avoiding confusion; ensuring their integrity.

4. Acceptance, return, transfer of temporarily detained evidence items and means, licenses, and certificates of professional practice, or acceptance and transfer of confiscated evidence items and means can only be carried out when there is a written decision from the competent authority.

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.

2. Violation of regulations on sealing temporarily detained or confiscated evidence items and means; taking temporarily detained evidence items and means and licenses and certificates of professional practice out of the detention place without permission from the competent authority.

3. Loss, destruction, intentional damage to temporarily detained or confiscated evidence items and means and temporarily detained licenses and certificates of professional practice.

4. Only accept, return, transfer objects, means, licenses, certificates of practice that have been temporarily seized or accept, transfer objects, means that have been confiscated to agencies, organizations, individuals when there is a written decision from the competent authority.

Article 8. Prohibited acts

1. Embezzle, sell, exchange, pledge, mortgage, substitute, replace, use illegally objects, means that have been temporarily seized or confiscated, licenses, certificates of practice that have been temporarily seized, and other acts of profiteering.

2. Violate the regulations on sealing objects, means that have been temporarily seized or confiscated; take objects, means, licenses, certificates of practice that have been temporarily seized out of the place of temporary detention without permission from the competent authority.

3. Lose, destroy, intentionally damage objects, means that have been temporarily seized or confiscated, licenses, certificates of practice that have been temporarily seized.

Article 5. Funding for the management and preservation of seized items, vehicles, licenses, and certificates of practice that have been temporarily detained

1. The funding for the management and preservation of seized items, vehicles, includes:

a) Costs for construction, repair, expansion, upgrading of facilities or renting temporary detention places;

b) Costs for purchasing necessary equipment and means to serve the management, preservation, transportation, delivery, receipt, and appraisal of seized items and vehicles;

c) Costs for publicizing on mass media and notifying the violator, owner, manager, or lawful user of the seized items and vehicles;

d) Other expenditures as prescribed by law;

2. The funding for the management and preservation of temporarily detained licenses and certificates of practice includes costs for purchasing necessary equipment and means to serve the management, preservation, transportation, delivery, receipt, and appraisal of temporarily detained licenses and certificates of practice, and other costs as prescribed by law;

3. The funding for the management and preservation of seized items, vehicles, licenses, and certificates of practice that have been temporarily detained shall be guaranteed according to the provisions of the State Budget Law and the current budget management hierarchy;

4. The Minister of Finance shall specify the details regarding the funding for the management and preservation of seized items, vehicles, licenses, and certificates of practice that have been temporarily detained;

Chapter II

MANAGEMENT AND PRESERVATION OF ADMINISTRATIVE VIOLATION ITEMS AND VEHICLES THAT HAVE BEEN TEMPORARILY DETAINED AND SEIZED, LICENSES, AND CERTIFICATES OF PRACTICE THAT HAVE BEEN TEMPORARILY DETAINED

Article 6. Temporary Detention Places for Seized Items, Vehicles, Licenses, and Certificates of Practice That Have Been Temporarily Detained

1. The temporary detention place for seized items and vehicles is a house, warehouse, dock, yard, port, maritime area, agency office, or another location determined by the authorized authority and must meet the conditions stipulated in Clauses 2, 3, and 4 of this Article;

The temporary detention place for licenses and certificates of practice that have been temporarily detained is the office of the person who prepares the temporary detention record or issues the temporary detention decision;

2. Conditions for the temporary detention place that is a house, warehouse, or yard

a) Must ensure safety, security, and order; have a protective fence system, entry and exit regulations, environmental protection regulations, fire prevention and firefighting regulations;

b) Must ensure dryness and ventilation. In cases where the temporary detention place for seized items and vehicles is outdoors, a roof cover or measures to prevent rain and sun exposure must be arranged;

c) Have lighting systems; equipped with firefighting and rescue equipment and technical equipment suitable for managing and preserving each type of seized item and vehicle;

d) For houses and warehouses used to manage and preserve seized items and vehicles that are flammable, explosive, toxic, or radioactive materials, safety conditions for fire prevention, explosion prevention, poisoning prevention, radiation protection, and environmental accident prevention must be ensured;

3. Conditions for the temporary detention place that is a dock, port, or maritime area

a) Must ensure safety, security, order, environmental protection regulations, fire prevention and firefighting regulations, and the conditions stipulated in Point b and Point c of Clause 2 of this Article within the scope of the temporary detention place for seized items and vehicles;

b) For the temporary detention place that is an inland waterway dock or maritime area, in addition to the conditions stipulated in Point a of this clause, there must be mooring equipment, operational entry and exit regulations for the dock and maritime area, and arrangements for mooring vessels;

4. For the temporary detention place that is an agency office, security, order, fire prevention, and firefighting safety measures must be ensured; there must be a lighting system and appropriate equipment installed;

5. Arrangement of temporary detention places for seized items and vehicles

a) Common temporary detention place arrangement: The Chairman of the People's Committee of the province or centrally-administered city decides to build a common temporary detention place for seized items and vehicles of multiple authorized agencies at the local level, with a design form and scale that meets the requirements for managing and preserving seized items and vehicles based on the proposal of the authorized agency;

b) Separate temporary detention place arrangement: For agencies that frequently need to temporarily detain seized items and vehicles, the People's Committee of the province or centrally-administered city is responsible for organizing the construction of separate temporary detention places for those agencies;

c) If the agency of the authorized authority for temporarily detaining seized items and vehicles does not have the conditions to construct a temporary detention place or if the construction scale and safety conditions of the temporary detention place are insufficient and cannot ensure the management and preservation of all seized items and vehicles, the agency may rent a temporary detention place. The rental rate and price shall be agreed upon but shall not exceed the price set by the People's Committee of the province or centrally-administered city, and when renting a temporary detention place, a contract must be signed in accordance with the Civil Code;

d) In cases where a small number of seized items and vehicles are temporarily detained or the seized items and vehicles are small and compact and it is deemed unnecessary to transfer them to a temporary detention place such as a house, warehouse, dock, or yard, the authorized authority may decide to temporarily detain these items and vehicles at their own agency office. In this case, the authorized authority for temporarily detaining seized items and vehicles must arrange and hand over the seized items and vehicles to the direct manager for management and preservation;

6. The People's Committee of the province or centrally-administered city is responsible for organizing the management of common temporary detention places or assigning an agency to manage them. Agencies with temporary detention places for seized items and vehicles or assigned to manage common temporary detention places must arrange personnel to manage and preserve seized items and vehicles, specifically as follows:

a) In the case where the place of temporary detention and confiscation of objects and means of transportation is a separate detention facility of one agency, the head of that agency shall arrange personnel to perform the tasks of managing and preserving the temporarily detained and confiscated objects and means of transportation;

b) In the case where the place of temporary detention and confiscation of objects and means of transportation is a common detention facility for multiple agencies at the local level, the arrangement of personnel to perform the tasks of managing and preserving the temporarily detained and confiscated objects and means of transportation shall be carried out according to the decision of the Chairman of the People's Committee at the same level based on a unified proposal among the agencies at the local level.

Article 7. Duties and powers of the person in charge of the agency responsible for managing and preserving temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained.

1. Direct, monitor, inspect, and supervise the implementation of measures for managing and preserving temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained.

2. Assign personnel to manage and preserve temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained in accordance with the conditions of the detention facility.

3. Timely notify in writing the person who made the decision on temporary detention when the temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained exceed the detention period or the statute of limitations for enforcement of the penalty decision; when the temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained have been decided to be returned to the organization or individual who violated but did not come to collect them; when the temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained are lost or damaged; in cases where there are signs of criminal offenses, immediately report to the competent authority for criminal proceedings.

4. Take the lead and coordinate with the local People's Committee, people's armed forces, relevant agencies, and units to move temporarily detained and confiscated objects and means of transportation to a safe location in the event of natural disasters or other situations threatening the safety of the temporarily detained and confiscated objects and means of transportation.

5. Propose and report to the superior head or competent authority on the status and plans for protecting, upgrading, and repairing the detention facilities for temporarily detained and confiscated objects and means of transportation.

Article 8. Duties and powers of the personnel responsible for managing and preserving temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained.

1. Receive temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained according to the decision of the authorized person; classify temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained and report to the head of the agency directly responsible for managing and preserving temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained to arrange, organize, and take appropriate management and preservation measures.

3. Transfer temporarily detained and confiscated objects and means of transportation to the competent authority for criminal proceedings or another agency upon receipt of a decision from the authorized person.

4. Manage and preserve temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained in accordance with regulations.

5. Regularly inspect the detention facility; promptly detect the loss, damage, or lack of security of temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained to take timely remedial measures.

6. Record in the logbook and fully document the receipt, return, and transfer of temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained regarding:

a) The time, date, month, and year of receipt, return, and transfer of temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained;

b) The condition of temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained;

c) The number of decisions, duration, reasons for temporary detention and confiscation, and the name and position of the decision maker, the person delivering, and the person receiving temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained.

7. Daily statistics and report to the head of the agency responsible for managing temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained on:

a) The quantity of temporarily detained and confiscated objects and means of transportation, licenses, and certificates of practice that have been temporarily detained;

b) Temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained which have been returned to the violator, owner, manager, or lawful user;

c) The quantity of temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained which have exceeded the detention period and the violator, owner, manager, or lawful user has not come to collect;

d) The quantity of temporarily detained and confiscated objects, licenses, and certificates of practice that have been transferred to competent authorities;

đ) The quantity of temporarily detained and confiscated objects, licenses, and certificates of practice that have been damaged, lost, or stolen;

e) The total quantity of temporarily detained and confiscated objects, licenses, and certificates of practice that have been temporarily detained and are still being detained.

Article 9. Responsibilities in managing and preserving evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized or confiscated

Clause 1. The person who prepares the temporary seizure record shall be responsible for managing and preserving the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized until they are handed over to the person responsible for managing and preserving them.

Clause 2. The person who issues the decision on temporary seizure or confiscation shall be responsible for managing and preserving the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized or confiscated. In case these items are lost, sold in violation of regulations, substituted, damaged, missing parts, or replaced, the person issuing the decision on temporary seizure or confiscation shall bear responsibility for compensation and be subject to legal sanctions.

Clause 3. The person responsible for managing and preserving the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized shall directly manage and preserve the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized or confiscated. In case these items are lost, sold in violation of regulations, substituted, damaged, missing parts, or replaced, they must bear legal responsibility and be accountable to the person issuing the decision on temporary seizure or confiscation regarding the management and preservation of the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized.

Clause 4. In cases where the means of transport violating administrative regulations are entrusted to the violator organization or individual for management and preservation according to Articles 14 and 15 of this Decree, the authorized person temporarily seizing the means of transport shall be responsible for managing and preserving the means of transport violating administrative regulations from the time of temporary seizure until they are handed over to the violator organization or individual for management and preservation.

Article 10. Rights of organizations and individuals with evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized or confiscated

Clause 1. To lodge complaints, denunciations, proposals, and reflections on unlawful acts or decisions of the authority temporarily seizing or confiscating evidence items, means of transport, licenses, and certificates of practice in accordance with the law on complaints and denunciations.

Clause 2. To inspect before receiving back the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized when the temporary seizure period has expired.

Clause 3. To request the person responsible for managing and preserving the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized or confiscated to prepare a record regarding the loss, substitution, damage, shortage of property during the temporary seizure period, and to request the agency responsible for managing and preserving the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized to compensate according to the law.

Clause 1. Strictly comply with the decision on temporary seizure or confiscation of evidence items, means of transport violating administrative regulations; the decision on temporary seizure of licenses and certificates of practice.

Clause 2. Receive back the evidence items, means of transport, licenses, and certificates of practice that have been temporarily seized according to the deadline specified in the temporary seizure decision.

Clause 3. Comply with the provisions at point a, Clause 4, Article 16 of this Decree.

Article 12. Acceptance of seized and confiscated items, means of transport, licenses, and certificates of practice that are temporarily detained

When accepting seized and confiscated items, means of transport, licenses, and certificates of practice that are temporarily detained, the person managing and preserving 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 verify the seized and confiscated items, means of transport, licenses, and certificates of practice that are temporarily detained with the record of temporary detention, confiscation, and the inventory regarding the name of goods, quantity, quality, volume, type, brand, origin; the sealing status (if any).

3. Enter the logbook and request the party delivering to sign the logbook.

Article 13. Management and preservation regime for seized and confiscated items, means of transport, licenses, and certificates of practice that are temporarily detained

The head of the agency responsible for management and preservation shall arrange and store, and take appropriate measures for management and preservation based on the nature of each type of seized and confiscated items, means of transport, licenses, and certificates of practice that are temporarily detained.

1. For seized and confiscated items, means of transport that are machines or equipment using gasoline, diesel, or other flammable and explosive fuels, when placed in temporary detention facilities, must be isolated from other items and kept away from sources of fire, heat, ignition devices, and heating devices to ensure safety against fire and explosion, and prepare conditions for firefighting readiness.

2. For seized and confiscated items, means of transport that are goods or products easily causing environmental pollution, they must be placed in buildings, warehouses, or storage areas ensuring safety without causing environmental pollution during the period of temporary detention.

3. For seized and confiscated hazardous materials concerning fire and explosion, toxic substances, radioactive materials, they must be placed in buildings, warehouses, or storage areas ensuring conditions for fire prevention, firefighting, explosion prevention, poisoning prevention, radiation protection, and environmental accident prevention.

4. For temporarily detained licenses and certificates of practice, they must be placed at the headquarters of the authority with the power to detain for management and preservation, and must be stored and arranged neatly in document cabinets, ensuring conditions to prevent pests, moisture, and high temperatures.

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

1. Traffic administrative violation vehicles subject to temporary detention to ensure the execution of administrative penalty decisions, if the violator meets one of the following conditions, the authority with the power to detain may hand over the vehicle to the violator for custody and preservation under the management of the authority with the power to detain, except for cases stipulated in Clause 7 of this Article, specifically:

a) The individual violator has a place of permanent residence or a place of temporary residence still within the validity period, or has a certificate of workplace issued by the organization or entity where the individual is working; the violating organization must have a specific and clear address of operation. The violator must have a place to keep and preserve the vehicle.

b) The violator has financial capability to provide a guarantee deposit.

2. Procedure for handing over traffic administrative violation vehicles to the violator for custody and preservation

When submitting the application, the individual violator must attach a copy along with the original for verification or a certified copy of the Identity Card or Citizen Identification Card or a certificate of workplace issued by the organization or entity where the individual is working; for the violating organization, there must be documents proving the address of the operational headquarters of the organization.

b) Within no more than two working days from the date of receipt of the application, the authority with the power to detain must examine and decide on the matter of handing over the traffic administrative violation vehicle to the violator for custody and preservation. For cases with many complex circumstances requiring additional time for investigation, within no more than three working days from the date of receipt of the application, the authority with the power to detain must examine and decide on the matter of handing over the traffic administrative violation vehicle to the violator for custody and preservation. In cases where the traffic administrative violation vehicle is not handed over to the violator for custody and preservation, a written response must be provided, stating the reasons.

In conjunction with the preparation of the administrative violation traffic vehicle handover record, the authorized person must temporarily hold the vehicle registration certificate for road traffic vehicles, the traffic vehicle registration certificate for rail traffic vehicles, and the inland waterway traffic vehicle registration certificate for inland waterway traffic vehicles (hereinafter referred to collectively as the vehicle registration certificate) to ensure the enforcement of the penalty decision, except in cases where the violator organization or individual has posted a bond. The temporary holding of the vehicle registration certificate must be recorded in a record; the record must clearly state the location of the record preparation, the date, month, and year of the temporary holding of the vehicle registration certificate; the name and position of the authorized person; the name of the organization or individual whose vehicle registration certificate is being temporarily held, personal identification number or citizen identification card number of the individual whose vehicle registration certificate is being temporarily held; the reason, duration of the temporary holding. The record must have the signatures of the organization or individual whose vehicle registration certificate is being temporarily held and the authorized person; the record is prepared in two copies, each party retains one copy.

After completing the record preparation and the violator organization or individual comes to receive the administrative violation traffic vehicle to keep and store, the authorized person must hand over the administrative violation traffic vehicle to the violator organization or individual to keep and store. The organization or individual entrusted to keep and store the administrative violation traffic vehicle is responsible for returning the vehicle to their own storage place.

During the period of being entrusted to keep and store the administrative violation traffic vehicle, the violator organization or individual may not use the violated vehicle to participate in traffic; they may not change the storage place of the administrative violation traffic vehicle without the written consent of the authorized person.

In cases of natural disasters, fires, or when there is a direct risk of situations arising that would cause damage to the administrative violation traffic vehicle if it is not promptly moved or changed to another storage place, the storage place can be changed but the authorized person must be immediately notified afterwards.

During the period of being entrusted to keep and store the administrative violation traffic vehicle, if the violator organization or individual does not comply with the provisions of Clause 4 of this Article, the authorized person will consider and decide to transfer the violated vehicle back to the temporary storage place of the authorized person's agency.

The violator organization or individual is responsible for returning the administrative violation traffic vehicle to the temporary storage place as prescribed. If they cannot return the vehicle themselves or do not voluntarily comply, the authorized person will organize the return of the vehicle to the temporary storage place; the violator organization or individual must bear the costs of returning the vehicle to the temporary storage place.

During the period of being entrusted to keep and store the administrative violation traffic vehicle, if the violator organization or individual causes loss, substitution, sale, exchange, pledge, mortgage, replacement, destruction, or damage to the vehicle, they must bear responsibility for the losses and consequences caused by their actions according to the law.

Cases where the administrative violation traffic vehicle is not handed over to the violator organization or individual to keep and store:

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

b) The traffic vehicle was used for illegal racing, resisting public officials, disrupting public order, or causing traffic accidents;

c) There is no vehicle registration certificate or the vehicle registration certificate is forged or altered;

d) The license plate is fake, the vehicle frame number or engine number has been illegally changed or erased;

đ) The administrative violation traffic vehicle, according to regulations, will be subject to confiscation as an additional penalty.

Article 15. Deposit for Guaranteeing Seized Traffic Means

1. Organizations and individuals who have financial capability to deposit for guarantee may be considered for the handover and preservation of traffic means that violate administrative regulations.

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. Procedure for handling deposit for guarantee

b) Within no more than two working days from the date of receiving the request to deposit for guarantee, the authority temporarily seizing traffic means must consider and decide on allowing the deposit for guarantee and handing over traffic means violating administrative regulations to the organization or individual for retention and preservation. In cases with many complex circumstances requiring additional time for verification, within no more than three working days from the date of receiving the request to deposit for guarantee, the authority temporarily seizing traffic means must consider and decide on allowing the deposit for guarantee and handing over traffic means violating administrative regulations to the organization or individual for retention and preservation. If the authority does not agree to the deposit for guarantee of seized traffic means, it must provide a written response stating the reasons.

The deposit for guarantee must be recorded in a record. The record must clearly state the location of recording, date, month, year of deposit for guarantee; the name, position of the person deciding on the deposit for guarantee; the name of the organization or individual making the deposit for guarantee, personal identification number or ID card number of the individual making the deposit; the reason for depositing for guarantee; the amount of deposit for guarantee; the period of deposit for guarantee; the responsibility of the organization or individual making the deposit for guarantee. The record must bear the signatures of the person authorized to decide on the deposit for guarantee and the organization or individual making the deposit for guarantee. The record is made in two copies, each party retains one copy.

The deposit for guarantee will be returned to the organization or individual making the deposit after the organization or individual violating regulations has fully executed the penalty decision. Returning the deposit for guarantee must be recorded in a record. The record must clearly state the location of recording, date, month, year of returning the deposit for guarantee; the name, position of the person deciding to return the deposit for guarantee; the name of the organization or individual receiving the deposit for guarantee, personal identification number or ID card number of the individual receiving the deposit for guarantee; the reason for receiving the deposit for guarantee; the amount of deposit for guarantee received back. The record must bear the signatures of the person authorized to decide on the deposit for guarantee and the organization or individual receiving the deposit for guarantee. The record is made in two copies, each party retains one copy.

5. After the organization or individual makes the deposit for guarantee and completes the record establishment procedure as prescribed in Clause 3 of this Article, the authority temporarily seizing traffic means hands over traffic means violating administrative regulations to the organization or individual for retention and preservation; the handover of traffic means violating administrative regulations must be recorded according to point c of Clause 2 of Article 14 of this Decree. The organization or individual retaining and preserving traffic means violating administrative regulations during the deposit period is not allowed to use the violating traffic means for traffic purposes, nor change the location of retention and preservation without written consent from the authority temporarily seizing traffic means. If the organization or individual violates this provision, the authority temporarily seizing traffic means will consider and decide to transfer the violating traffic means back to the temporary holding location according to Clause 5 of Article 14 of this Decree.

Within two working days from the date of issuing the decision to deduct the deposit for guarantee, the authority imposing penalties must send the deduction decision to the organization or individual penalized at the address stated in the penalty decision.

In the case where the amount of money deposited for guarantee exceeds the amount of the fine, the excess amount remaining after deducting the fine amount shall be returned to the organization or individual who had deposited the money for guarantee beforehand. When returning the excess amount, a record must be established. The record must clearly state the location where the record was established, the date, month, and year of return; the name, position of the person returning the excess amount; the name of the organization or individual receiving the excess amount, along with their personal identification number or ID card number; the reason and the amount received. The record is established in two copies, each party retains one copy. The excess amount is returned to the organization or individual subject to the administrative penalty at the address stated in the administrative penalty decision. If the organization or individual who had deposited the money for guarantee does not accept the excess amount, it will be handled according to the relevant laws.

7. The decision on the deduction of the money deposited for guarantee is considered the basis for determining that the violating organization or individual has executed the administrative penalty decision and is permitted to use the means of transportation involved in the administrative violation that is being held and preserved.

8. Within no more than five working days from the date of the decision on the deduction of the money deposited for guarantee, the authorized person imposing the penalty must transfer the fine amount deducted into the state budget account opened at the State Treasury.

Article 16. Returning seized items, vehicles, licenses, certificates, or transferring seized items, vehicles, and confiscated items; storage fees, wharfage fees, and preservation costs for seized items, vehicles.

2. The person managing and preserving seized items, vehicles, licenses, certificates, or confiscated items shall carry out the return or transfer of these items when they have a decision to return seized items, vehicles, licenses, certificates, or a decision to transfer seized items, vehicles, following the procedures as follows:

The person coming to collect seized items, vehicles, licenses, certificates must be the violator or the owner of the seized items, vehicles, licenses, certificates, or a representative of the administrative violator organization recorded in the seizure decision. If the owner, organization, or individual violates and authorizes another person to come to collect the seized items, vehicles, licenses, certificates, then a power of attorney document must be established in accordance with the law;

b) Requesting the person coming to collect seized items, vehicles, licenses, certificates to compare with the seizure record to check the type, quantity, volume, quality, characteristics, and condition of the seized items, vehicles, licenses, certificates under the witness of the manager. The handover and collection of seized items, vehicles must be recorded in a record;

c) In the case of transferring seized items, vehicles to investigative agencies, specialized state management agencies, or appraisal agencies, the person managing and preserving seized or confiscated items must establish a record regarding the quantity, volume, weight, characteristics, type, brand, origin, and condition of the seized items, vehicles. The record is established in two copies, signed by both the giver and the receiver, each party retains one copy;

d) For confiscated items, vehicles that have been established as national property or whose disposal plan has been approved by the competent authority, the agency that issued the confiscation decision previously shall cooperate with the agency responsible for handling the assets to organize the transfer of assets and related documents to the receiving agency or organization.

3. After returning seized items, vehicles or transferring seized, confiscated items, licenses, certificates, the person managing and preserving them shall report to the authorized person who issued the seizure, confiscation decision previously about the results achieved.

4. Storage fees, wharfage fees, and preservation costs for seized items, vehicles.

a) Organizations or individuals violating when collecting seized items, vehicles not subject to confiscation must pay storage fees, wharfage fees, and preservation costs for seized items, vehicles during the period of seizure.

Organizations or individuals violating do not need to pay storage fees, wharfage fees, and preservation costs for seized items, vehicles during the period of seizure if the owner of the items, vehicles is not at fault in the administrative violation or if the confiscation measure is applied to the items, vehicles or organizations, individuals violating and are entrusted to hold and preserve the means of transportation according to Articles 14 and 15 of this Decree;

b) Agencies issuing the decision to seize items, vehicles that organize the storage and preservation of seized items, vehicles themselves or agencies hired by the agencies issuing the decision to seize items, vehicles to store and preserve seized items, vehicles are entitled to receive storage fees, wharfage fees, and preservation costs for seized items, vehicles during the period of seizure;

c) The level of storage fees, wharfage fees, and preservation costs for seized items, vehicles is implemented in accordance with the law on pricing.

3. After the administrative violation items that have been decided to be confiscated by the competent authorities in accordance with the law on handling administrative violations, they shall be handled in accordance with the law on the management and use of public assets.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Decree takes effect from January 1, 2022.

2. This Decree replaces Decree No. 115/2013/NĐ-CP dated October 3, 2013, stipulating the management and preservation of seized items and means subject to administrative sanctions during temporary detention and confiscation procedures, and Decree No. 31/2020/NĐ-CP dated March 5, 2020, amending and supplementing certain articles of Decree No. 115/2013/NĐ-CP dated October 3, 2013, of the Government stipulating the management and preservation of seized items and means subject to administrative sanctions during temporary detention and confiscation procedures.

Article 19. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies are responsible for implementing this Decree./.