Decree No. 22/2009/ND-CP Amending and supplementing some articles of Decree No. 70/2006/ND-CP dated July 24, 2006 on the management of seized items and means of transport under administrative procedures.

DECREE

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

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002; the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Public Security,

DECREE:

Article 1. 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;

1. Clause 4 of Article 6 shall be amended and supplemented as follows:

"4. Notify the County Auction Council, Provincial Service Center for Auctions about the items and means of transport that have been decided to be confiscated for auction."

2. Point c of Clause 1 of Article 10 shall be amended and supplemented as follows:

"c) In cases where the seized items and means of transport are transferred to the Investigative Agency, County Auction Council, Provincial Service Center for Auctions, or appraisal agencies, the person managing the seized items and means of transport must prepare a record regarding the quantity, volume, weight, type, brand, origin, and condition of the items and means of transport. The record must be made in two copies, signed by both the transferring party and the receiving party, with each party keeping one copy."

3. Article 11 is amended and supplemented as follows:

"Article 11. Disposal of seized items and means of transport upon expiration of the temporary detention period
1. For seized items and means of transport that have exceeded the temporary detention period and whose owners, managers, or lawful users are unknown or who have not come to claim them, the authorized confiscator must publish at least two consecutive announcements in central or local mass media and post notices publicly at the office of the confiscating authority. Within thirty days from the date of the last announcement in the mass media and public posting, if the owner, manager, or lawful user cannot be identified or has not claimed the items and means of transport, the authorized confiscator must issue a decision to confiscate such items and means of transport according to Article 61 of the Administrative Violation Handling Ordinance amended and supplemented by the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance dated April 2, 2008 and Article 35 of Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008.

2. For seized items and means of transport that have been decided to be confiscated, within ten days from the date of issuance of the decision, the decision maker shall be responsible for:

a) Transferring the confiscation decision to the Provincial Service Center for Auctions in the locality where the violation occurred for items and means of transport confiscated by the authorized authorities of central agencies and provincial agencies to organize auctions; within fifteen days from receipt of the aforementioned decision, the Provincial Service Center for Auctions must accept the items and means of transport for auction in accordance with the law.

b) Proposing the Chairman of the People's Committee of the district to establish an Auction Council to organize auctions for items and means of transport confiscated by the authorized authorities of district and commune-level agencies. The Council shall consist of:

- The leader of the agency issuing the confiscation decision as the Chairman of the Council; - The financial department head at the same level as the Vice-Chairman of the Council;

- Depending on the nature and characteristics of each case, the authority establishing the Council may invite other members (Prosecutor's Office, Police, Inspectorate, and related agencies) to participate in the Council.

3. For confiscated items and means of transport, if they are deemed to have no remaining value, the head of the agency issuing the confiscation decision shall establish an Asset Evaluation Council. The Council shall consist of:

- The leader of the agency issuing the confiscation decision as the Chairman of the Council;

- The financial department head at the same level as the Vice-Chairman of the Council;

- Depending on the nature and characteristics of each case and the actual situation in the locality, the authority establishing the Council may invite other members (Prosecutor's Office, Police, Inspectorate, and related agencies) to participate in the Council. After evaluation, if it is determined that the confiscated items and means of transport still have value, they shall be handled according to the provisions of Clause 2 of this Article. If it is determined that the items and means of transport have no remaining value, they shall be handled according to the provisions of Clause 2 of Article 61 of the Administrative Violation Handling Ordinance amended and supplemented by the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance dated April 2, 2008. The asset evaluation must be recorded in a protocol signed by all members of the Council".

4. Article 12 is amended and supplemented as follows:

"Article 12. Handling Seized Items and Means Not Accepted by the Auction Service Center According to Regulations and in Areas Without an Auction Service Center

1. After the deadline specified in point a, Clause 2, Article 11 of this Decree, if the Auction Service Center does not accept seized items and means for auction as prescribed, the Chairman of the People's Committee of the province shall decide to establish an Auction Committee to organize the auction (upon the proposal of the decision-making authority) for seized items and means decided upon by competent authorities at the same level and central agencies. The composition of the Committee includes:

a) The leader of the provincial financial agency serves as the Chairman of the Committee;

b) The leader of the decision-making authority serves as the Deputy Chairman of the Committee;

c) Depending on the nature and characteristics of each case, the person authorized to establish the Committee may invite other members (Prosecutor, Police, Inspectorate, and related agencies) to join the Committee.

2. In areas without an Auction Service Center, the handling of seized items and means shall be carried out according to the provisions of Clause 1 of this Article.

3. The auction shall be conducted in accordance with current regulations on asset auctions. The proceeds from the auction shall be handled in accordance with Article 37 of Decree No. 128/2008/NĐ-CP dated December 16, 2008, of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Articles of the Administrative Violation Handling Ordinance 2008."

Article 2. This Decree takes effect from April 10, 2009.

Article 3. The Minister of Public Security and the Minister of Justice within their respective functions, tasks, and powers shall be responsible for guiding and organizing the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.