Decree No. 31/2020/ND-CP amends and supplements certain articles of Decree No. 115/2013/ND-CP dated October 3, 2013, of the Government on the management and preservation of items and means of transport seized or confiscated under administrative procedures.

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 31/2020/NĐ-CP	Hanoi, March 5, 2020

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 115/2013/NĐ-CP OF OCTOBER 3, 2013 OF THE GOVERNMENT ON MANAGEMENT AND PRESERVATION OF EVIDENCE ITEMS AND MEANS OF TRANSPORTATION VIOLATING ADMINISTRATIVE REGULATIONS BEING TEMPORARILY HELD OR CONFISCATED THROUGH ADMINISTRATIVE PROCEDURES

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

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

The Government promulgates this Decree to amend and supplement certain provisions of Decree No. 115/2013/NĐ-CP dated October 3, 2013 of the Government on management and preservation of evidence items and means of transportation violating administrative regulations being temporarily held or confiscated through administrative procedures.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.

Decree No. 115/2013/NĐ-CP dated October 3, 2013 of the Government on management and preservation of evidence items and means of transportation violating administrative regulations being temporarily held or confiscated through administrative procedures

1. Clause 3 of Article 5 shall be amended and supplemented as follows:

"3. The Minister of Finance shall specify in detail the funding for ensuring the work of managing and preserving evidence items and means of transportation that are temporarily held or confiscated; storage costs, wharfage fees, warehouse fees, and preservation costs during the period of temporary holding."

2. Article 6 is amended and supplemented as follows:

Article 6. Place for temporarily holding evidence items and means of transportation that are temporarily held or confiscated

1. The place for temporarily holding evidence items and means of transportation that are temporarily held or confiscated is a house, warehouse, wharf, yard, ship dock, port, office premises, or another location determined by the authority with the power to temporarily hold or confiscate, and must meet the conditions stipulated in Clauses 2, 3, and Clause 4 of this Article.

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

a) Must ensure safety, security, and order; have protective fences, entry and exit rules, environmental protection rules, fire prevention and firefighting rules;

b) Must ensure dryness and ventilation. In cases where the place for temporarily holding evidence items and means of transportation is outdoors, a roof cover or other measures to prevent rain and sun exposure must be arranged;

c) Have lighting systems; equip fire prevention and firefighting equipment and technical equipment suitable for managing and preserving each type of evidence item and means of transportation that are temporarily held or confiscated.

3. Conditions for places for temporarily holding that are wharfs, ship docks, or ports

a) Must ensure safety, security, and order, entry and exit rules, environmental protection rules, fire prevention and firefighting rules, and the conditions stipulated at Point b and Point c of Clause 2 of this Article within the scope of the place for temporarily holding evidence items and means of transportation;

b) For places for temporarily holding that are inland waterway wharfs, in addition to the conditions stipulated at Point a of this clause, there must also be mooring equipment for means of transportation, operational rules for entry and exit, and arrangements for mooring means of transportation.

4. For places for temporarily holding that are office premises or in cases provided for in Clause 2 of Article 13 of this Decree, measures must be taken to ensure security, order, fire and explosion prevention, dryness, and ventilation; have lighting systems, and equip appropriate equipment and facilities to serve the management and preservation of evidence items and means of transportation that are temporarily held or confiscated.

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

a) The place for temporarily holding evidence items and means of transportation may be a separate temporary holding place of one agency or a common temporary holding place of multiple agencies authorized to temporarily hold evidence items and means of transportation violating regulations.

Based on the specific characteristics of the locality and upon the proposal of the agency authorized to temporarily hold evidence items and means of transportation, the Chairman of the People's Committee of the province or centrally governed city decides to establish a common temporary holding place for multiple agencies authorized to temporarily hold evidence items and means of transportation violating regulations in their locality, with construction designs meeting the requirements for managing and preserving evidence items and means of transportation. For agencies frequently required to temporarily hold evidence items and means of transportation, the provincial or centrally governed city People's Committee is responsible for organizing the establishment of such places.

b) In cases where the agency temporarily holding evidence items and means of transportation does not have the conditions to establish a temporary holding place or the scale of construction and safety conditions of the temporary holding place are insufficient and cannot ensure the management and preservation of all evidence items and means of transportation that are temporarily held or confiscated, the agency authorized to temporarily hold evidence items and means of transportation may lease a temporary holding place. The rental rate and price shall be agreed upon, and when leasing a temporary holding place, a contract must be signed in accordance with the Civil Code.

c) In cases where evidence items and means of transportation are held in small quantities or are small and compact items that do not require transfer to a temporary holding place such as a house, warehouse, wharf, or yard, the authority with the power to temporarily hold evidence items and means of transportation may decide to temporarily hold those items at its own office premises. In this case, the authority with the power to temporarily hold evidence items and means of transportation must arrange and hand over the evidence items and means of transportation that are temporarily held or confiscated to the directly responsible staff for management and preservation.

6. The provincial or centrally governed city People's Committee is responsible for organizing the management of common temporary holding places or assigning one agency to manage them. Agencies with temporary holding places or assigned to manage common temporary holding places must arrange staff to perform the tasks of managing and preserving evidence items and means of transportation that are temporarily held or confiscated, specifically as follows:

a) In cases where the temporary holding place for evidence items and means of transportation is a separate temporary holding place of one agency, the head of that agency shall arrange staff to perform the tasks of managing and preserving evidence items and means of transportation;

b) In cases where the temporary holding place for evidence items and means of transportation is a common temporary holding place of multiple different agencies in the locality, the arrangement of staff to perform the tasks of managing and preserving evidence items and means of transportation shall be carried out according to the decision of the Chairman of the People's Committee at the same level or through agreements between local agencies."

3. Clause 3 of Article 11 shall be amended and supplemented as follows:

"3. Comply with the provisions at Point a of Clause 5 of Article 16 of this Decree."

4. Clause 1 and Clause 2 of Article 13 shall be amended and supplemented as follows:

"1. The person assigned the task of managing and preserving evidence items and means of transportation that are temporarily held or confiscated shall carry out the classification of each evidence item and means of transportation and report to the head of the agency directly responsible for managing and preserving evidence items and means of transportation to arrange, organize, and take appropriate management and preservation measures; specifically:

a) For evidence items and means of transportation that are temporarily held or confiscated which are machines or means of transportation using gasoline, diesel, or other flammable fuels, when they are brought to the temporary holding place, they must be kept away from sources of fire, heat, ignition devices, and heat-generating devices to ensure fire and explosion prevention, and prepare conditions to be ready for firefighting."

b) For seized items or means of transport that are goods or products easily causing environmental pollution, they must be placed in warehouses or storage facilities ensuring safety and not causing environmental pollution during the period of temporary detention;

c) For seized items that are dangerous substances or goods concerning fire, explosion, poison, radioactive materials, they must be placed in warehouses or storage facilities ensuring conditions for fire prevention, firefighting, explosion prevention, poison prevention, radiation protection, and environmental accident prevention.

2. In cases where the seized items or means of transport are objects that the authority's agency responsible for temporary detention does not have the technical means to move to the place of temporary detention or the place of temporary detention does not meet the necessary conditions for preservation, the authority issuing the decision on temporary detention shall, based on practical requirements, hand over such items or means of transport to the People's Committee of the commune, ward, town where the administrative violation occurred or where the seized items or means of transport are located, if such places have the conditions to manage and preserve them, provided that it does not affect the assurance of handling the administrative violation.

The People's Committee of the commune, ward, town or individuals, organizations receiving the management and preservation of seized items or means of transport shall be responsible for arranging the place of temporary detention and implementing measures and requirements stipulated in Clause 4, Article 6 of this Decree to manage and preserve the assets entrusted, strictly comply with the decisions of the authority issuing the decision on temporary detention of seized items or means of transport. If the asset is lost or damaged due to their own fault, they shall bear responsibility under the law.

5.

Article 14

shall be amended and supplemented as follows:

Article 14. Handing Over Means of Transport Violating Administrative Regulations to Individuals or Organizations Violating the Regulations for Management and Preservation

1. Means of transport violating administrative regulations that are subject to temporary detention to ensure the enforcement of administrative penalty decisions, if the violator individual or organization meets one of the following conditions, the authority issuing the decision on temporary detention may entrust the violator individual or organization to manage and preserve the means of transport under the supervision of the authority issuing the decision on temporary detention, except for the cases specified in Clause 7 of this Article, specifically:

a) The violator individual must have a permanent residence registration or a temporary residence registration still valid or a confirmation letter from the workplace of the organization or institution where the violator individual works; the violator organization must have a specific and clear address of operation. The violator individual or organization must have a place to manage and preserve the means of transport;

b) If the violator individual or organization has the financial capability to provide a guarantee deposit, they may be considered for entrusting the management and preservation of the means of transport.

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

a) The violator individual or organization must submit a request to the authority issuing the decision on temporary detention requesting to manage and preserve the means of transport; in the request, clearly state the name, address, occupation of the violator individual or the name, address of the violator organization, the administrative violation, the name, quantity, characteristics, type, serial number, brand, symbol, origin, year of production, engine number, frame number, displacement (if applicable), condition of the means of transport, and the proposed place of management and preservation of the means of transport after being entrusted by the competent authority to manage and preserve the means of transport.

When submitting the request, the violator individual must attach the original or a copy certified by the original for comparison or a notarized or certified copy of the household registration book or temporary residence book or Identity Card or Citizen Identification Card or a confirmation letter from the workplace of the organization or institution where the violator individual works; for the violator organization, there must be proof of the address of the organization's headquarters.

In cases where the household registration book or temporary residence book is replaced by a personal identification number management form, the violator individual must provide their personal identification number to the authority issuing the decision on temporary detention when submitting the request.

b) Within no more than two (02) days from the date of receipt of the request, the authority issuing the decision on temporary detention must review and decide on entrusting the means of transport to the violator individual or organization for management and preservation. For cases with many complex circumstances requiring additional time for verification, within no more than three (03) days from the date of receipt of the request, the authority issuing the decision on temporary detention must review and decide on entrusting the means of transport to the violator individual or organization for management and preservation. In cases where the means of transport are not entrusted to the violator individual or organization for management and preservation, a written response must be issued, stating the reasons.

The authority issuing the decision on temporary detention of the means of transport is responsible for managing and preserving the means of transport from the issuance of the decision on temporary detention until handing over the means of transport to the violator individual or organization for management and preservation;

c) When entrusting the means of transport to the violator individual or organization for management and preservation, the authority issuing the decision on temporary detention must prepare a record detailing the name, quantity, weight, characteristics, type, brand, origin, place of management and preservation, condition of the means of transport (if applicable), and must have signatures of the violator individual or organization and the authority issuing the decision on temporary detention; the duration for which the violator individual or organization manages and preserves the means of transport. The record must be prepared in two (02) copies, each party keeping one copy.

Along with preparing the record when entrusting the means of transport, the authority issuing the decision on temporary detention must temporarily detain the vehicle registration certificate to ensure the enforcement of the penalty decision, except in cases where the violator individual or organization has provided a guarantee deposit. The temporary detention of the registration certificate must be recorded in a record; in the record, clearly state the date, month, year of temporary detention of the registration certificate; the name and position of the authority issuing the decision on temporary detention; the name of the organization or individual whose registration certificate is temporarily detained; the reason and duration of temporary detention. The record must have signatures of the violator individual or organization whose registration certificate is temporarily detained and the authority issuing the decision on temporary detention; the record must be prepared in two (02) copies, each party keeping one copy.

The person authorized to temporarily detain shall hand over the vehicle to the organization or individual in violation for custody and preservation after completing the record and the organization or individual receiving the vehicle for custody and preservation arrives. The organization or individual entrusted with the custody and preservation of the vehicle is responsible for returning the vehicle to their own place of storage.

3. Within two (02) days from the date of handing over the vehicle to the organization or individual in violation for custody and preservation, the agency of the person authorized to temporarily detain must notify the People's Committee of the commune, ward, town where the vehicle is being kept by the organization or individual in violation for coordination in supervision and management.

4. During the period entrusted with the custody and preservation of the vehicle in violation, the organization or individual in violation may not use the vehicle in violation to participate in traffic; they may not change the location of custody and preservation of the vehicle without the written consent of the person authorized to temporarily detain.

In cases of natural disasters, fire, or when there is a direct risk of a situation arising that would cause damage to the vehicle if it were not promptly moved or changed to another location for custody and preservation, the location of custody and preservation of the vehicle may be changed but the person authorized to temporarily detain must be immediately notified thereof.

5. During the period entrusted with the custody and preservation of the vehicle, if the organization or individual in violation does not comply with the provisions of Clause 4 of this Article, the person authorized to temporarily detain the vehicle shall consider and decide to transfer the vehicle in violation back to the temporary detention location of the agency of the person authorized to temporarily detain.

The organization or individual in violation is responsible for returning the vehicle to the temporary detention location as prescribed. If they cannot return the vehicle themselves or do not voluntarily comply, the person authorized to temporarily detain the vehicle shall organize the return of the vehicle to the temporary detention location; the organization or individual in violation must bear the costs for the return of the vehicle to the temporary detention location.

6. During the period entrusted with the custody and preservation of the vehicle in violation, if the organization or individual causes loss, theft, sale, exchange, pledge, mortgage, replacement, destruction, or damage to the vehicle, they shall be liable 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) A registration certificate for the vehicle that has been falsified or altered;

d) Fake license plates, vehicles that have been illegally changed frame numbers, engine numbers, or had frame numbers, engine numbers erased."

6. Article 15 is amended and supplemented as follows:

"Article 15. Deposit of Guarantee Money for Vehicles Temporarily Detained through Administrative Procedures

1. An organization or individual in violation with financial capability may be considered for depositing guarantee money to be entrusted with the custody and preservation of the vehicle.

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

a) The organization or individual in violation must submit a request to the agency of the person authorized to temporarily detain requesting to deposit guarantee money for the vehicle to be entrusted with custody and preservation; the request must clearly state the name, address, occupation of the violator or the name, address of the violating organization, administrative violation behavior, name, quantity, characteristics, type, serial number, brand, symbol, origin, year of manufacture, engine number, frame number, displacement (if applicable), condition of the vehicle, and the location where the vehicle will be entrusted with custody and preservation after being granted custody and preservation by the competent authority;

b) The time limit for considering and deciding on allowing the organization or individual to deposit guarantee money for the vehicle, handing over the vehicle to the organization or individual in violation for custody and preservation, and the responsibility for managing and preserving the vehicle during the consideration and decision-making process shall be carried out in accordance with Point b, Clause 2 of Article 14 of this Decree;

c) After the person authorized to temporarily detain issues a decision to allow the deposit of guarantee money, the organization or individual may pay the guarantee money directly or through the account of the agency of the person authorized to temporarily detain the vehicle. The amount of guarantee money must be at least equal to the maximum fine within the fine range prescribed for one administrative violation; in cases of multiple administrative violations in the same incident, the amount of guarantee money must be at least equal to the total maximum fines for all violations.

The deposit of guarantee money must be recorded in a record. The record must clearly state the date, month, year of depositing the guarantee money; the name, position of the person deciding to allow the deposit of guarantee money; the name of the organization or individual depositing the guarantee money; the reason for depositing the guarantee money; the amount of guarantee money; the term of depositing the guarantee money; the responsibilities of the organization or individual depositing the guarantee money. The record must be signed by the person authorized to decide on the deposit of guarantee money and the organization or individual depositing the guarantee money. The record is made in two (02) copies, each party retains one copy.

4. Within two (02) days from the date of receipt of the guarantee money deposit, the person authorized to temporarily detain the vehicle must transfer the amount to the finance and accounting department of their agency for management; in cases where the person authorized to temporarily detain the vehicle loses the guarantee money deposit or uses the guarantee money deposit, they will be dealt with according to the nature and degree of violation and must compensate according to the law. When transferring the money to the finance and accounting department, a record must be made; the record must clearly state the date, month, year of transferring the guarantee money deposit; the name, position of the person transferring the money and the person receiving the guarantee money deposit; the amount transferred to the finance and accounting department. The record must be signed by the person transferring the money and the person receiving the guarantee money deposit. The record is made in two (02) copies, each party retains one copy.

The guarantee money deposit will be returned to the organization or individual who deposited the guarantee money after the organization or individual in violation has fully complied with the penalty decision. The return of the guarantee money deposit must be recorded in a record. The record must clearly state the date, month, year of returning the guarantee money deposit; the name, position of the person deciding to return the guarantee money deposit; the name of the organization or individual receiving the guarantee money deposit; the reason for receiving the guarantee money deposit; the amount of guarantee money deposit received. The record must be signed by the person authorized to decide on the deposit of guarantee money and the organization or individual receiving the guarantee money deposit. The record is made in two (02) copies, each party retains one copy.

5. When handing over the means of transport to organizations or individuals who violate and keep, preserve them, a record must be made according to the provisions at point c, clause 2, Article 14 of this Decree.

The person authorized to temporarily detain shall hand over the vehicle to the organization or individual in violation for custody and preservation after completing the record and the organization or individual receiving the vehicle for custody and preservation arrives. The organization or individual entrusted with the custody and preservation of the vehicle is responsible for returning the vehicle to their own place of storage.

6. Organizations or individuals entrusted with keeping and preserving the means of transport during the period of depositing the guarantee money shall not be permitted to use the violating means of transport for traffic purposes, nor may they change the place of keeping and preserving the violating means of transport without the written consent of the authorized person temporarily holding it. If organizations or individuals violate this provision, the authorized person temporarily holding the means of transport shall consider and decide on transferring the violating means of transport back to the temporary holding place according to the provisions at clause 5, Article 14 of this Decree.

7. Within ten days from the date when the deadline for executing the administrative penalty decision expires and the organization or individual does not comply with the penalty decision, the authorized person issuing the administrative penalty decision shall issue a decision on deducting the deposited guarantee money according to the Model attached to this Decree.

Within two days from the date of issuing the decision on deducting the deposited guarantee money, the authorized person issuing the administrative penalty decision must send the decision on deducting the deposited guarantee money to the organization or individual being penalized at the address recorded in the administrative penalty decision.

In case the amount of the deposited guarantee money is greater than the amount of the fine, the remaining amount after deducting the fine amount shall be returned to the organization or individual who previously deposited the guarantee money. The act of returning the excess amount must be recorded in a record. The record must clearly state the date, month, year of return; the name, position of the person returning the excess amount; the name of the organization or individual receiving the money; the reason and the amount received. The record is made in two copies, each party keeps one copy. The excess amount is returned to the organization or individual being penalized at the address recorded in the administrative penalty decision.

8. The decision on deducting the deposited guarantee money is considered the basis for determining that the organization or individual who violated has executed the administrative penalty decision and is allowed to put the violating means of transport, which was entrusted to keep and preserve, back into use.

9. Within no more than five days from the date of issuing the decision on deducting the deposited guarantee money, the authorized person issuing the administrative penalty decision must transfer the fine amount deducted into the State budget account opened at the National Treasury or commercial bank where the National Treasury has delegated the collection of fines as recorded in the administrative penalty decision.

7. Article 16 is amended and supplemented as follows:

Article 16. Returning seized items or means of transport, transferring seized items or means of transport, confiscation; collecting, submitting, managing, and using storage fees, wharfage fees, and preservation costs of seized items or means of transport.

1. The act of returning seized items or means of transport or transferring seized items or means of transport, confiscation must be based on a written decision by the authorized person issuing the seizure decision.

2. The person assigned the task of managing and preserving seized items or means of transport, confiscated items must carry out the act of returning or transferring the items or means of transport upon having a decision to return or a decision to transfer the items or means of transport according to the following procedures:

a) Checking the decision to return seized items or means of transport or the decision to transfer seized items or means of transport; checking the Citizen Identity Card or Identity Card of the person coming to receive the items or means of transport.

The person coming to receive the seized items or means of transport must be the violator or the owner of the seized items or means of transport or the representative of the administrative violation organization recorded in the seizure decision of the administrative violation items or means of transport. If the above individual or organization authorizes another person to come to receive the items or means of transport, they must establish a power of attorney according to the law;

b) Requesting the person coming to receive the seized items or means of transport to compare with the seizure record to check the type, quantity, volume, quality, characteristics, and condition of the seized items or means of transport under the witness of the management staff. The handover and receipt of seized items or means of transport must be recorded in a record;

c) In case of transferring seized items or means of transport to the investigation agency, specialized state management agency, or appraisal agency, the person managing and preserving the seized items or means of transport, confiscated items must record the quantity, volume, weight, characteristics, type, brand, origin, and condition of the seized items or means of transport. The record is made in two copies signed by both parties, each party keeps one copy;

d) For confiscated items or means of transport that have been established as national property or have been approved by the competent authority for the disposal plan of assets, the agency that issued the confiscation decision previously will cooperate with the agency assigned to handle the asset to organize the transfer of assets and related documents to the receiving agency or organization.

4. After the seized items or means of transport have been taken out of the temporary holding place and returned to the recipient, the recipient of the items or means of transport shall be responsible for any loss or changes to the seized items or means of transport.

5. After returning the seized items or means of transport or transferring the seized items or means of transport, confiscated items, the person assigned the task of managing and preserving the seized items or means of transport shall report to the authorized person who issued the seizure or confiscation decision about the results achieved.

5. Collecting, submitting, managing, and using storage fees, wharfage fees, and preservation costs of seized items or means of transport.

a) Organizations or individuals who violate and come to receive seized items or means of transport that are not subject to confiscation must pay the storage fee, wharfage fee, and preservation cost of the seized items or means of transport during the period of temporary holding.

There is no need to pay the storage fee, wharfage fee, and preservation cost of the seized items or means of transport during the period of temporary holding if the owner of the seized items or means of transport is not at fault in the administrative violation or if the application of the confiscation measure against the seized items or means of transport or the organization or individual entrusted with keeping and preserving the means of transport according to Articles 14 and 15 of this Decree.

b) The agency of the decision-maker temporarily holding the evidence items and means of transportation in cases where such items and means are self-stored and preserved, or the organization hired by the agency of the decision-maker to store and preserve such items and means at the expense of warehouse fees, wharfage fees, and preservation costs during the period of temporary holding;

c) Warehouse fees, wharfage fees, and preservation costs for temporarily held evidence items and means of transportation; the collection, submission, management, and utilization of warehouse fees, wharfage fees, and preservation costs for temporarily held evidence items and means of transportation shall be carried out in accordance with the regulations of the Ministry of Finance.”

8. Article 17 is amended and supplemented as follows:

“Article 17. Handling of Administrative Violation Evidence Items and Means of Transportation Exceeding the Temporary Holding Period

1. Within three days from the date on which the temporary holding period of administrative violation evidence items and means of transportation recorded in the temporary holding decision expires, if the violator does not come to collect them without a legitimate reason or if the violator cannot be identified, the decision-maker must announce on central or local mass media tools and publicly post at the office of the authority with the power to temporarily hold; after thirty days from the date of the last public announcement on mass media tools, if the violator does not come to collect them or if the violator cannot be identified, the authority with the power must issue a decision to confiscate the administrative violation evidence items and means of transportation for handling according to Article 82 of the Law on Handling Administrative Violations and other relevant laws.

The agency of the decision-maker temporarily holding the evidence items and means of transportation has the responsibility to continue managing and preserving the evidence items and means of transportation when the temporary holding period has expired and the violator has not come to collect them or the violator cannot be identified, and during the period of public posting and announcement on mass media tools until they are confiscated and handled according to the regulations.

2. After the administrative violation evidence items and means of transportation are confiscated by the decision of the authority with the power according to the law on handling administrative violations and the ownership is established as national property, they will be handled according to the procedures and formalities prescribed by the Law on Management and Use of State Assets and detailed implementing regulations.”

Article 2.

Repeals

Clause 4 Article 7, Clause 1 Article 19 Decree No. 115/2013/ND-CP

dated October 3, 2013 of the Government stipulates the management and preservation of administrative violation evidence items and means of transportation that are temporarily held and confiscated through administrative procedures.

Article 3. Implementation Provisions

1. This Decree takes effect from May 1, 2020.

2. Attached to this Decree is the Model Decision on Withholding Security Deposit Money.

3. When the legal normative documents, clauses of legal normative documents cited in this Decree are amended, supplemented, or replaced, the cited content will also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents.

Article 4. Responsibilities for Implementation

The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees at all levels, and related agencies, organizations, and individuals are responsible for implementing this Decree./

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - National Financial Supervisory Commission; - State Audit Agency; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - VPCP: Deputy Prime Minister, Deputy Prime Ministers, Assistants to the Prime Minister, Director General of the Official Portal; Departments, Bureaus, subordinate units, Gazette; - To be filed: Office, NC(2).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc

ANNEX

MODEL DECISION ON WITHHOLDING SECURITY DEPOSIT MONEY

(Attached to Decree No. 31/2020/ND-CP dated March 5, 2020 of the Government)

AUTHORITY (1) -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: …../QĐ-KTTĐBL	(2)…, dated …. month … year…

Pursuant to …;

On Withholding Security Deposit Money

AUTHORITY TO ISSUE

Based on the Administrative Violation Record No. …/BB-VPHC dated …month…year...;

Based on the Administrative Violation Penalty Decision No. ... /QĐ-XPVPHC dated …month ... year… of⁽³⁾…………………………………………………………………………………………………;

To ensure the enforcement of the Administrative Violation Penalty Decision, I:…;

Position:⁽³⁾ …………………………………………………………………………………………,

DECISION:

Article 1. Withhold security deposit money to enforce the Administrative Violation Penalty Decision No. ……/QĐ-XPVPHC dated……month……year…of⁽³⁾to penalize the individual or organization named below:

1. Full name:…Gender:…

Date of birth: …/…/…Nationality: …

Occupation: …

Information of Household Members:

Personal identification number/ID card/passport: …; date of issuance: ………/…/………

place of issuance: …

2. Name of violating organization: …

Main Office Address:...

Business Registration Number:...

Investment registration certificate/business registration certificate or establishment license/activity registration certificate:…

Date of issuance: …/………/…; place of issuance: …

Legal representative (4):…Gender:…

Position (5): …

3. Amount withheld: …

(In words:…)

Reason for withholding: Failure to voluntarily comply with the Administrative Violation Penalty Decision No. …/QĐ-XPVPHC dated……month……year…of⁽³⁾……………………………………

Article 2. This decision takes effect from …month…year…

Place of Receipt: - ….(6); - Individual or organization subject to penalty; - To be filed: File.

DECISION MAKER (Signature, stamp, position, full name)

________________

⁽¹⁾ Write the name of the agency of the authority issuing the administrative violation penalty decision.

⁽²⁾ Write the location name according to the guidelines of the Ministry of Home Affairs.

⁽³⁾ Write the position and agency of the person issuing the administrative violation penalty decision.

⁽⁴⁾ Write the full name of the legal representative if it is a limited liability company, a joint-stock company with two or more members, or a joint-stock company; write the full name of the business owner if it is a private enterprise; write the full name of the head of the non-business organization.

⁽⁵⁾ Write the position of the legal representative if it is a limited liability company, a joint-stock company with two or more members, or a joint-stock company; write the position of the business owner if it is a private enterprise; write the position of the head of the non-business organization.

⁽⁶⁾ Write the name and address of the State Treasury or commercial bank where the State Treasury has authorized the collection of fines from the withholding of security deposit money.