Decree No. 37/2005/NĐ-CP On the procedures for applying coercive measures to enforce administrative penalty decisions

DECREE OF THE GOVERNMENT

Provisions on the procedures for applying coercive measures
to enforce administrative penalty decisions

THE GOVERNMENT

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

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

At the proposal of the Minister of Public Security,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of regulation and regulated subjects

This Decree stipulates the procedures and formalities for applying coercive measures to enforce administrative penalty decisions, decisions to apply remedial measures for consequences caused by administrative violations when not imposing penalties (referred to as administrative coercion) against individuals and organizations that have exceeded the voluntary compliance period or the deferred compliance period without voluntarily complying with such decisions.

Article 2. Administrative Coercive Measures

Administrative coercive measures include:

1. Deducting part of salary or income; deducting money from bank accounts;

2. Seizing assets equivalent in value to the fine amount for auction;

3. Other coercive measures to implement confiscation of evidence, means used in administrative violations; compelling restoration of the original state changed due to administrative violations or demolition of illegal construction works; compelling implementation of measures to mitigate environmental pollution, disease spread; compelling removal from Vietnam territory, re-export of goods, items, means; compelling destruction of harmful items to human health, animals and plants, harmful cultural products.

Article 3. Sources of funds deducted and seized assets for organizations subject to administrative coercion

1. For state agencies and armed forces organizations subject to administrative coercive measures involving deduction of money and seizure of assets to cover enforcement costs, deductions shall be made from the budget allocated by the State to these agencies and units.

2. For public service organizations with revenue and armed forces organizations permitted to conduct revenue-generating activities under the law, when deductions and seizures are made to cover enforcement costs, they shall be taken from the revenue and assets generated by these activities.

3. For political organizations and political-social organizations, deductions, seizures, and payment of enforcement costs shall be made from their own funds and assets, except for assets that cannot be used according to the law to bear civil liability.

4. For social organizations, occupational associations, social funds, charitable funds, deductions, seizures, and payment of enforcement costs shall be made from the funds and assets of these organizations and funds.

5. For enterprises (state-owned enterprises, joint-stock companies, limited liability companies, joint ventures, wholly foreign-owned enterprises, private businesses, cooperatives), deductions, seizures, and payment of enforcement costs shall be made from the funds, assets, or monetary income of these enterprises.

Article 4. Authority to issue administrative coercion decisions

The following persons have the authority to issue one of the administrative coercive measures specified in Article 2 of this Decree and are responsible for organizing the enforcement of their own administrative penalty decisions and those of subordinate levels:

1. Chairpersons of People's Committees at commune, district, and provincial levels;

2. Chiefs of police departments at district level, Directors of police departments at provincial level; Heads of the Department of Administrative Police, Heads of the Traffic Police Department, Heads of the Fire Prevention and Control Police Department, Heads of the Economic Crime Investigation Department, Heads of the Social Order Crime Investigation Department, Heads of the Drug Crime Investigation Department, Heads of the Exit and Entry Management Department under the Ministry of Public Security;

3. Chiefs of border guard stations, Commanders of Border Guard Forces at provincial level; Heads of the Coast Guard Department;

4. Heads of Customs Departments at provincial level, Heads of the Anti-Smuggling Investigation Department under the General Department of Customs;

5. Chiefs of Forest Protection Departments, Heads of the Forest Protection Department;

6. Chiefs of Tax Departments, Heads of the Tax Department;

7. Chiefs of Market Supervision Departments, Heads of the Market Supervision Department;

8. Heads of specialized inspection bodies at provincial-level departments, Heads of specialized inspection bodies at ministries, bodies equivalent to ministries, and government-affiliated bodies;

9. Judges assigned to preside over court sessions, Heads of Civil Enforcement Departments at provincial level, Heads of Military Zone Enforcement Departments and equivalent levels.

Article 5. Principles for issuing administrative coercion decisions and organizing enforcement of subordinate-level penalty decisions

Persons specified in Article 4 of this Decree have the authority to issue administrative coercion decisions and organize enforcement of subordinate-level penalty decisions in the following cases:

1. Subordinate levels lack the authority to issue administrative coercion decisions;

2. Subordinate levels have the authority to issue administrative coercion decisions but lack the necessary manpower and equipment to enforce them and submit a written request to higher levels to issue the decision;

3. The enforcement of penalty decisions involves multiple localities, organizations, or individuals, or the individual subject to coercion is a religious dignitary or has significant social influence, and higher levels deem it necessary to issue the decision.

Article 6. Administrative Coercion Decision

1. Administrative coercion can only be implemented upon issuance of an administrative coercion decision by the authorized person as stipulated in Article 4 of this Decree. An administrative coercion decision includes the following contents: date of issuance; basis for issuance; name, position (rank), unit of the issuer; name, place of residence, headquarters of the individual or organization subject to coercion; coercive measure; time and location of implementation; agency entrusted to lead the implementation of the decision; agency responsible for coordination; signature of the issuer, seal of the issuing agency.

2. The administrative coercion decision must be sent to the individual or organization subject to coercion before enforcement. Decisions of lower-level People's Committees must be sent to the directly superior People's Committee. In cases where coercive measures as specified in Clause 2 and Clause 3 of Article 2 of this Decree are applied, the decision must be sent to the Chairman of the People's Committee of the commune where the enforcement takes place before enforcement to coordinate implementation.

The decision on compulsory enforcement must be sent to the individual or organization subject to compulsory enforcement and related individuals or organizations five days prior to the implementation of the enforcement.

Article 7. Responsibilities for organizing the execution of administrative compulsory enforcement decisions

1. The person who issued the administrative compulsory enforcement decision shall be responsible for organizing the execution of that decision.

2. In cases where the administrative compulsory enforcement decision is made by the Chairman of People's Committees at various levels, the Chairman who issued the compulsory enforcement decision shall assign competent agencies under the People's Committee based on their functions and tasks to organize the execution of the decision. The assignment of the leading agency must follow the principle that the matter falls within the expertise of a particular agency, which will be assigned to lead; in cases involving multiple agencies, the decision should be made based on specific circumstances to appropriately assign the leading agency to organize the enforcement of the compulsory enforcement decision.

3. Organizations and individuals related to the enforcement have the obligation to cooperate with the authority issuing the compulsory enforcement decision or the agency assigned to lead the enforcement to implement measures aimed at enforcing administrative compulsory enforcement decisions.

Article 8. Ensuring order and safety during the enforcement process

1. The agency assigned to lead the execution of the compulsory enforcement decision is responsible for maintaining order during the enforcement process. If it is deemed necessary to involve the People's Police force to ensure order and safety during the enforcement process, a written request must be sent to the public security agency at the same level five days before the enforcement to arrange the necessary forces.

2. When requested to participate in ensuring order and safety during the enforcement process, the People's Police force has the responsibility to promptly deploy forces to prevent acts of disruption and resistance against law enforcement officers during the execution of administrative compulsory enforcement decisions.

Article 9. Time limit for executing administrative compulsory enforcement decisions

1. An administrative compulsory enforcement decision becomes effective for one year from the date of issuance.

2. In cases where the individual or organization subject to enforcement measures deliberately avoids or delays compliance, the time limit for enforcement is recalculated from the point when such avoidance or delay ends.

3. For cases of administrative compulsory enforcement - forced demolition of illegal construction works; forced implementation of measures to mitigate environmental pollution and disease spread; forced destruction of harmful items affecting human health, livestock, crops, and harmful cultural products, the time limit specified in Clause 1 of this Article does not apply.

PART II
PROCEDURES FOR APPLYING COMPULSORY MEASURES
TO ENFORCE DECISIONS
ADMINISTRATIVE PENALTIES FOR VIOLATIONS

PART A
COMPULSORY MEASURE OF WITHHOLDING PART OF SALARY
OR INCOME

Article 10. Individuals subject to the compulsory measure of withholding part of salary or income

An individual is subject to the compulsory measure of withholding part of salary or income when:

1. The individual subject to enforcement is an officer, civil servant, or an individual working and receiving salary or income from an agency or organization under a contract of six months or longer duration or an indefinite-term contract;

2. The individual subject to enforcement is currently receiving monthly pension or disability benefits.

Article 11. Decision on Compulsory Withholding of Part of Salary or Income from an Individual

1. The decision on compulsory withholding of part of salary or income from an individual must clearly state the date of issuance; basis for issuance; name, position, and workplace of the issuer; name and address of the individual subject to withholding of part of salary or income; name and address of the agency or organization managing the salary or income of the individual subject to enforcement; amount to be withheld, reason for withholding; name and address of the State Treasury to receive the money, method of transferring the withheld amount to the treasury; time of execution; signature of the issuer, seal of the issuing agency.

2. The above decision must be sent to the individual subject to enforcement, the agency or organization directly managing the salary or income of the individual subject to enforcement, and relevant agencies.

Article 12. Proportion of Withholding Part of Salary or Income from an Individual

1. Only the amount corresponding to the fine recorded in the decision of the competent authority can be withheld.

2. The proportion of withholding salary, pension, or disability allowance from an individual shall not exceed thirty percent (30%) of the total monthly salary or allowance of that individual. For other sources of income, the proportion of withholding shall be based on the actual income of the individual (but not exceeding fifty percent (50%) of the total income).

Article 13. Responsibilities of Agencies, Organizations, or Employers Managing Salary or Income of Individuals Subject to Compulsory Withholding

1. Agencies, organizations, or employers managing the salary or income of individuals subject to the compulsory measure of withholding part of salary or income shall strictly comply with the compulsory enforcement decision of the competent authority.

2. Upon the next payment period for salary or income, the agency, organization, or employer managing the salary or income of the individual subject to enforcement shall withhold part of the salary or income of the individual subject to enforcement according to the content recorded in the compulsory enforcement decision and transfer the withheld amount to the State Treasury account specified in the compulsory enforcement decision, while informing the competent authority issuing the compulsory enforcement decision of the withholding.

3. In cases where agencies, organizations, or employers managing the salary or income of individuals subject to the compulsory measure of withholding part of salary or income intentionally fail to implement the compulsory withholding decision of the competent authority, they shall be subject to administrative penalties as prescribed by law.

PART B
MEASURES OF ENFORCEMENT WITHHOLDING FUNDS FROM ACCOUNTS AT BANKS
AT THE BANK

Article 14. SUBJECTS TO BE APPLIED WITH THE MEASURE OF ENFORCEMENT WITHHOLDING FUNDS FROM ACCOUNTS AT BANKS

The measure of withholding funds from accounts at banks shall be applied to individuals and organizations that do not voluntarily comply with administrative penalty decisions or fail to pay enforcement costs when:

1. Individuals have deposits at banks in Vietnam (except in cases where they are already subject to the measure of enforcement withholding part of their salary or income);

2. Organizations have deposits at banks in Vietnam.

Article 15. VERIFICATION OF INFORMATION ON ACCOUNTS OF INDIVIDUALS AND ORGANIZATIONS SUBJECTED TO ENFORCEMENT

1. The authority issuing the decision on enforcement withholding funds from bank accounts has the right to collect, verify, and request banks to provide information about the accounts, including the current balance, of individuals and organizations subjected to enforcement.

2. Individuals and organizations subjected to enforcement must notify the authority issuing the decision on enforcement withholding funds from bank accounts of the name and account number of the bank where their account is opened upon request.

Article 16. DECISION ON ENFORCEMENT WITHHOLDING FUNDS FROM BANK ACCOUNTS

1. The decision on enforcement withholding funds from bank accounts must clearly state the date of issuance; basis for issuance; full name, position, and workplace of the issuer; amount to be withheld, full name, and account number of the individual or organization being withheld from; name and address of the bank where the individual or organization has an account; name, address, and account number of the State Treasury, method of transferring the withheld amount from the bank to the treasury; deadline for implementation, and must be signed and stamped by the authority issuing the decision on enforcement withholding funds from bank accounts.

2. The decision on enforcement withholding funds from bank accounts shall be sent to the individual or organization being withheld from, the bank where the individual or organization has deposits, and related agencies five days prior to enforcement.

3. Within five days from receiving the decision on enforcement withholding funds from bank accounts, the individual or organization subjected to enforcement withholding must request the bank where their account is opened to transfer funds from their account to the State Treasury account specified in the decision on enforcement withholding. If the individual or organization intentionally fails to comply with the decision on enforcement withholding, measures of enforcement seizure will be applied according to Section C Chapter II of this Decree.

Article 17. RESPONSIBILITIES OF BANKS WHERE INDIVIDUALS AND ORGANIZATIONS SUBJECTED TO ENFORCEMENT HAVE ACCOUNTS

1. Banks have the responsibility to provide necessary information in writing about the accounts of individuals and organizations subjected to enforcement currently held at their bank upon written request from the authority issuing the decision on enforcement withholding funds from bank accounts.

2. Within five days from receiving the decision on enforcement withholding, banks have the responsibility to cooperate with the authority issuing the decision on enforcement to inform the account holder. Upon receiving a request to transfer funds from the account holder who is an individual or organization subjected to enforcement, the bank has the responsibility to transfer the funds of the individual or organization subjected to enforcement to the State Treasury account specified in the decision on enforcement withholding; simultaneously informing the authority issuing the decision on enforcement withholding and the individual or organization subjected to enforcement.

3. In cases where there is no remaining balance in the account or insufficient balance to implement the decision, the bank must notify in writing the authority issuing the decision on enforcement withholding funds from bank accounts so that measures of enforcement seizure can be applied according to Section C Chapter II of this Decree.

4. If there is a remaining balance in the account of an individual or organization but the bank does not execute the withholding of funds of the individual or organization subjected to enforcement to the state budget according to the decision on enforcement withholding issued by the authority, the bank will be subject to administrative penalties under Article 35 of Decree No. 202/2004/NĐ-CP dated December 10, 2004 of the Government on administrative penalties in the field of currency and banking activities.

Article 18. PROCEDURES FOR COLLECTING WITHHELD FUNDS

1. Withholding part of salaries or income, or withholding funds from bank accounts of individuals and organizations subjected to administrative enforcement is based on collection receipts in accordance with current regulations. Collection receipts used for withholding salaries or income are sent to relevant parties.

2. After collecting the funds, the State Treasury receiving the withheld funds has the responsibility to notify the authority issuing the decision on enforcement.

PART C
MEASURES OF ENFORCEMENT TO SEIZE AND SELL AT AUCTION PROPERTY OF EQUIVALENT VALUE TO THE AMOUNT OF FINES
CORRESPONDING TO THE AMOUNT OF THE FINE FOR PUBLIC AUCTION SALE

Article 19. SUBJECTS TO BE APPLIED WITH MEASURES OF ENFORCEMENT TO SEIZE AND SELL AT AUCTION PROPERTY OF EQUIVALENT VALUE TO THE AMOUNT OF FINES

MEASURES OF ENFORCEMENT TO SEIZE AND SELL AT AUCTION PROPERTY OF EQUIVALENT VALUE TO THE AMOUNT OF FINES SHALL BE APPLIED TO INDIVIDUALS AND ORGANIZATIONS THAT DO NOT VOLUNTARILY COMPLY WITH DECISIONS ON FINES AND FAIL TO PAY ENFORCEMENT COSTS WHEN:

1. THE INDIVIDUAL IS A FREELANCE WORKER WITHOUT AN EMPLOYER OR AN ORGANIZATION MANAGING WAGES OR FIXED INCOME.

2. THE INDIVIDUAL OR ORGANIZATION DOES NOT HAVE A BANK ACCOUNT OR THE BALANCE IN THEIR BANK ACCOUNT IS INSUFFICIENT FOR THE APPLICATION OF MEASURES TO DEDUCT A PORTION OF WAGES OR INCOME OR TO DEDUCT FUNDS FROM THE BANK ACCOUNT.

3. THE INDIVIDUAL OR ORGANIZATION DOES NOT SATISFY THE CONDITIONS FOR APPLYING MEASURES TO DEDUCT FUNDS OR INTENTIONALLY FAILS TO IMPLEMENT THE DECISION ON ENFORCEMENT THROUGH SUCH MEASURES AND FAILS TO PAY ENFORCEMENT COSTS.

ONLY PROPERTY OF THE INDIVIDUAL OR ORGANIZATION TO BE ENFORCED MAY BE SEIZED UP TO THE AMOUNT STATED IN THE DECISION ON FINES AND THE COSTS FOR THE ENFORCEMENT PROCEDURE.

Article 20. DECISION ON ENFORCEMENT BY MEANS OF SEIZURE OF PROPERTY

1. THE DECISION ON ENFORCEMENT BY MEANS OF SEIZURE OF PROPERTY MUST SPECIFY THE DATE, MONTH, YEAR OF THE DECISION; THE BASIS FOR THE DECISION; THE NAME, POSITION (RANK), UNIT OF THE PERSON ISSUING THE DECISION; THE NAME, PLACE OF RESIDENCE, HEADQUARTERS OF THE INDIVIDUAL OR ORGANIZATION WHOSE PROPERTY IS TO BE SEIZED; THE AMOUNT OF THE FINE; THE LOCATION OF SEIZURE; THE SIGNATURE OF THE PERSON ISSUING THE DECISION, THE SEAL OF THE AUTHORITY ISSUING THE DECISION.

2. THE SEIZURE OF PROPERTY MUST BE NOTIFIED TO THE INDIVIDUAL OR ORGANIZATION WHOSE PROPERTY IS TO BE SEIZED, THE PEOPLE'S COMMITTEE OF THE COMMUNE WHERE THE PERSON RESIDES OR THE ORGANIZATION HAS ITS HEADQUARTERS LOCATED OR THE AUTHORITY WHERE THE PERSON WORKS AT LEAST 5 DAYS BEFORE THE ENFORCEMENT OF SEIZURE UNLESS NOTIFYING WILL OBSTRUCT THE SEIZURE PROCESS.

Article 21. THE FOLLOWING ITEMS SHALL NOT BE SEIZED

1. MEDICINES, FOODSTUFFS NECESSARY FOR THE ESSENTIAL NEEDS OF THE INDIVIDUAL TO BE ENFORCED AND THEIR FAMILY.

2. TOOLS OF LABOR AND COMMON HOUSEHOLD ITEMS NECESSARY FOR THE USE OF THE INDIVIDUAL TO BE ENFORCED AND THEIR FAMILY.

3. COMMON UTENSILS FOR WORSHIP; RELICS, MEDALS, BADGES, AWARDS.

4. PROPERTY SERVING NATIONAL DEFENSE AND SECURITY.

Article 22. PROCEDURES FOR IMPLEMENTATION OF MEASURES OF SEIZURE OF PROPERTY

1. THE SEIZURE OF PROPERTY MUST BE CONDUCTED DURING THE DAYTIME (FROM 8 AM TO 5 PM).

2. THE PERSON ISSUING THE DECISION ON ENFORCEMENT OR THE PERSON ASSIGNED TO IMPLEMENT THE DECISION ON ENFORCEMENT SHALL OVERSEE THE SEIZURE.

3. WHEN CONDUCTING THE SEIZURE OF PROPERTY, THE INDIVIDUAL TO BE ENFORCED OR AN ADULT MEMBER OF THEIR FAMILY, THE REPRESENTATIVE OF THE ORGANIZATION TO BE ENFORCED, THE LOCAL ADMINISTRATION REPRESENTATIVE, AND THE WITNESSES MUST BE PRESENT.

IF THE INDIVIDUAL TO BE ENFORCED OR AN ADULT MEMBER OF THEIR FAMILY INTENTIONALLY ABSENTS THEMSELVES, THE SEIZURE SHALL STILL BE CONDUCTED BUT MUST INCLUDE THE LOCAL ADMINISTRATION REPRESENTATIVE AND THE WITNESSES.

4. THE INDIVIDUAL OR ORGANIZATION TO BE ENFORCED HAS THE RIGHT TO REQUEST WHICH PROPERTY TO BE SEIZED FIRST, AND THE PERSON RESPONSIBLE FOR OVERSEEING THE SEIZURE MUST ACCEPT THIS REQUEST IF IT DOES NOT IMPACT THE ENFORCEMENT PROCESS.

If the enforcement subject does not specifically request which assets should be seized first, personal property will be seized first.

5. ONLY JOINTLY OWNED PROPERTY OF THE INDIVIDUAL TO BE ENFORCED WITH OTHERS SHALL BE SEIZED IF THE INDIVIDUAL TO BE ENFORCED HAS NO INDIVIDUAL PROPERTY OR THE INDIVIDUAL PROPERTY IS INSUFFICIENT TO IMPLEMENT THE DECISION ON ENFORCEMENT. IN CASE OF DISPUTED PROPERTY, THE SEIZURE SHALL STILL BE CONDUCTED AND THE RIGHTS TO FILE A LAWSUIT ACCORDING TO CIVIL LITIGATION PROCEDURES SHALL BE EXPLAINED TO THE JOINT OWNERS OF THE SEIZED PROPERTY.

THE AUTHORITY CONDUCTING THE SEIZURE SHALL HAVE THE RESPONSIBILITY TO PUBLICLY ANNOUNCE THE TIME AND LOCATION OF THE SEIZURE SO THAT THE JOINT OWNERS ARE AWARE. AFTER THREE MONTHS FROM THE DATE OF SEIZURE, IF THERE IS NO LAWSUIT FILED, THE SEIZED PROPERTY SHALL BE SOLD AT AUCTION ACCORDING TO THE LEGAL PROVISIONS ON THE SALE OF PROPERTY AT AUCTION.

Article 23. RECORD OF SEIZURE OF PROPERTY

1. THE SEIZURE OF PROPERTY MUST BE DOCUMENTED IN A RECORD. THE RECORD MUST SPECIFY THE TIME AND LOCATION OF THE SEIZURE; THE NAME AND POSITION OF THE PERSON OVERSEEING THE SEIZURE; THE REPRESENTATIVE OF THE ORGANIZATION TO BE ENFORCED, THE INDIVIDUAL WHOSE PROPERTY IS TO BE SEIZED OR THEIR LEGAL REPRESENTATIVE; THE WITNESSES; THE LOCAL ADMINISTRATION REPRESENTATIVE (OR THE AUTHORITY OF THE INDIVIDUAL TO BE ENFORCED); THE DESCRIPTION OF THE NAME, CONDITION, AND CHARACTERISTICS OF EACH SEIZED ITEM.

2. THE PERSON OVERSEEING THE SEIZURE; THE REPRESENTATIVE OF THE ORGANIZATION TO BE ENFORCED, THE INDIVIDUAL WHOSE PROPERTY IS TO BE SEIZED OR THEIR LEGAL REPRESENTATIVE; THE WITNESSES; THE LOCAL ADMINISTRATION REPRESENTATIVE (OR THE AUTHORITY OF THE INDIVIDUAL TO BE ENFORCED) MUST SIGN THE RECORD. IF ANY PERSON IS ABSENT OR PRESENT BUT REFUSES TO SIGN THE RECORD, THIS FACT MUST BE DOCUMENTED IN THE RECORD AND THE REASON MUST BE STATED CLEARLY.

3. THE RECORD OF SEIZURE SHALL BE MADE IN TWO COPIES, ONE COPY TO BE KEPT BY THE AUTHORITY ISSUING THE DECISION ON ENFORCEMENT, AND THE OTHER COPY TO BE DELIVERED TO THE INDIVIDUAL WHOSE PROPERTY IS TO BE SEIZED OR THE REPRESENTATIVE OF THE ORGANIZATION TO BE ENFORCED IMMEDIATELY AFTER COMPLETING THE RECORD OF SEIZURE.

Article 24. HANDOVER OF PROPERTY SEIZED FOR SAFEKEEPING

1. THE PERSON OVERSEEING THE SEIZURE SHALL SELECT ONE OF THE FOLLOWING METHODS TO HAND OVER THE PROPERTY SEIZED FOR SAFEKEEPING:

a) HAND OVER TO THE INDIVIDUAL TO BE ENFORCED, THE RELATIVES OF THE INDIVIDUAL TO BE ENFORCED, OR THE PERSON CURRENTLY MANAGING OR USING THE PROPERTY TO KEEP.

b) HAND OVER TO ONE OF THE JOINT OWNERS OF THE PROPERTY IF IT IS JOINTLY OWNED.

c) HAND OVER TO AN ORGANIZATION OR INDIVIDUAL WITH THE CAPACITY TO KEEP THE PROPERTY.

2. FOR GOLD, SILVER, PRECIOUS METALS, PRECIOUS STONES, FOREIGN CURRENCY, THEY SHALL BE TEMPORARILY HELD BY THE STATE TREASURY FOR MANAGEMENT; FOR ITEMS SUCH AS INDUSTRIAL EXPLOSIVES, SUPPORT TOOLS, HISTORICAL, CULTURAL, NATIONAL TREASURES, ANCIENT ARTIFACTS, RARE FOREST PRODUCTS, THEY SHALL BE TEMPORARILY HELD BY THE SPECIALIZED GOVERNMENT MANAGEMENT AUTHORITIES FOR MANAGEMENT.

3. WHEN HANDING OVER PROPERTY SEIZED FOR SAFEKEEPING, THE PERSON OVERSEEING THE SEIZURE MUST DOCUMENT THE HANDOVER IN A RECORD SPECIFYING: THE DATE, MONTH, YEAR OF HANDOVER; THE NAME AND POSITION OF THE PERSON ISSUING THE DECISION ON ENFORCEMENT, THE INDIVIDUAL, THE REPRESENTATIVE OF THE ORGANIZATION TO BE ENFORCED, THE PERSON RECEIVING THE PROPERTY FOR SAFEKEEPING, THE WITNESSES; THE QUANTITY, CONDITION (QUALITY) OF THE PROPERTY; THE RIGHTS AND OBLIGATIONS OF THE PERSON RECEIVING THE PROPERTY FOR SAFEKEEPING.

The person in charge of executing the seizure, the person entrusted with the custody of the property, the individual, the representative of the organization subject to enforcement, and the witness shall sign the record. In case someone is absent or present but refuses to sign the record, such fact must be recorded in the record along with the reasons.

The record shall be handed over to the person entrusted with the custody of the property, the individual, the representative of the organization subject to enforcement, and the person in charge of executing the seizure, each holding one copy.

4. The person entrusted with the custody of the property shall be reimbursed for actual and reasonable expenses incurred in the custody of the property, except those persons specified in point a, Clause 1 of this Article.

5. If the person entrusted with the custody of the property causes damage, theft, loss, or destruction of the property, they shall bear responsibility for compensation and may be administratively sanctioned or criminally prosecuted according to the provisions of the law depending on the nature and degree of violation.

Article 25. Valuation of Seized Property

1. The valuation of seized property shall be conducted at the residence of the individual or the office of the organization subject to seizure or at the place where the seized property is stored (except in cases where a Valuation Board needs to be established).

2. Seized property shall be valued based on the agreement between the person in charge of enforcing the compulsory measure and the representative of the organization or individual subject to enforcement and the co-owner in the case of joint property seizure. The time limit for the parties to agree on the price does not exceed five working days from the date of seizure.

For seized property valued under 500,000 VND or perishable goods, if the parties cannot agree on the price, the authority issuing the compulsory measure decision shall be responsible for valuing the property.

3. In cases where the seized property is valued at 500,000 VND or more and is difficult to value or the parties cannot agree on the price, within fifteen days from the date of seizure, the person who issued the compulsory measure decision shall request the competent authority to establish a Valuation Board, wherein the person who issued the compulsory measure decision shall be the Chairman, representatives of financial agencies and related specialized agencies shall be members.

Within seven working days from the date of establishment, the Valuation Board must conduct the valuation. The individual whose property was seized or the representative of the organization with seized property may participate in the valuation process, but the right to determine the price belongs to the Valuation Board.

The valuation of property is based on the market price at the time of valuation. For property managed uniformly by the state, the valuation is based on the price set by the state.

4. The valuation of property must be documented in a record, which includes the time and location of the valuation, the composition of the participants in the valuation, the name and value of the property that has been valued, signatures of the participating members and the owner of the property.

Article 26. Authority to Establish a Valuation Board

1. The Chairman of the People's Committee of the district decides to establish a Valuation Board for cases of administrative enforcement within the jurisdiction of district-level and commune-level state management agencies.

2. The Chairman of the People's Committee of the province decides to establish a Valuation Board for cases of administrative enforcement within the jurisdiction of provincial-level state management agencies.

3. The establishment of a Valuation Board in central agencies is decided by the Minister of the principal ministry after consultation with the Minister of Finance and relevant ministries and sectors.

Article 27. Tasks of the Valuation Board

1. Study and propose the organization and content of the Valuation Board meeting.

2. Prepare necessary documents for the valuation.

3. Conduct the valuation of property.

4. Draft the valuation record.

Article 28. Transfer of Seized Property for Auction

1. For property seized for auction, based on the value of the property determined according to Article 25 of this Decree, within ten days from the date of the seizure decision, the person in charge of enforcement shall enter into a power of attorney contract for auction with organizations authorized to conduct auctions to organize the auction of the property as follows:

a) For seized property valued at less than 10,000,000 VND, the person in charge of enforcement shall enter into a power of attorney contract for auction with the district financial agency to organize the auction;

b) For seized property valued at more than 10,000,000 VND, the person in charge of enforcement shall enter into a power of attorney contract for auction with the Provincial Auction Service Center where the property is located to organize the auction.

2. The Minister of Finance shall guide the determination of the starting price for auctioning the properties specified in points a and b of Clause 1 of this Article.

3. The transfer of seized property to the responsible agency for auction must be documented in a record. The record must clearly state: the date, month, year of transfer; the transferor, transferee; signatures of the transferor and transferee; quantity and condition of the property. The handover documents for seized property to the responsible agency for auction include: the enforcement seizure decision; related ownership and lawful usage rights documents (if available); valuation document of the property and the handover record.

4. In cases where the seized property is bulky or in large quantities and the Provincial Auction Service Center or district financial agency does not have storage facilities, after completing the handover procedures, a storage contract may be signed with the current custodian of the property. Costs for implementing the storage contract shall be paid from the proceeds of the auction after the sale.

5. When the seized property has been transferred to the responsible agency for auction, the auction of the property shall be carried out according to the current laws on auctioning property.

6. For jointly owned property, when auctioned, preference shall be given to selling it first to the co-owner.

7. In cases where the auction proceeds exceed the amount stated in the penalty decision and the costs of enforcement measures, within ten days from the date of the auction, the agency implementing the enforcement measures shall handle the refund of the excess amount to the individual or organization subject to enforcement.

Article 29. Transfer of Ownership Rights to Property

1. The buyer of the seized asset recognized and protected by law shall enjoy ownership rights over the asset.

2. The competent state authority shall be responsible for processing the transfer of ownership rights to the buyer in accordance with the law.

3. The file for transferring ownership rights includes:

a) A copy of the administrative enforcement decision to seize assets for auction;

b) The auction protocol;

c) Other relevant documents concerning the asset (if any).

SECTION D
ENFORCEMENT MEASURES TO CONFISCATE EVIDENCE AND MEANS USED IN ADMINISTRATIVE VIOLATIONS

Article 30. Subjects subject to enforcement measures to confiscate evidence and means used in administrative violations

Individuals and organizations that commit administrative violations must voluntarily surrender the evidence and means used in such violations or comply with the recovery of such evidence and means by the competent authority upon receiving the decision on confiscation of evidence and means used in administrative violations. In cases where they do not surrender or only partially surrender the confiscated evidence and means, they will be subject to administrative enforcement.

Article 31. Decision on enforcement to confiscate evidence and means used in administrative violations

The enforcement must be based on a written decision. The decision must clearly state the date of issuance; the basis for issuance; the name, position, and unit of the person issuing the decision; the name and address of the individual or organization using the evidence and means for violations; the name of the evidence and means used in administrative violations to be confiscated; the signature and name of the person issuing the decision, and the seal of the issuing authority.

The decision on enforcement to confiscate evidence and means used in administrative violations shall be sent to the individual or organization using the evidence and means for violations five days before the enforcement takes place.

Article 32. Organization of enforcement

1. Before proceeding with enforcement, if the individual or organization subject to enforcement voluntarily complies with the administrative violation penalty decision, the main enforcement agency shall prepare a record acknowledging the voluntary compliance.

2. When enforcing to confiscate evidence and means used in administrative violations, there must be representatives from local authorities and witnesses present.

3. Enforcement must be recorded in a protocol. The protocol must clearly state the time and location of the enforcement; the main enforcement agency; the individual or organization subject to enforcement; the representative of the local authority where the enforcement takes place, and the witness; the name of the confiscated evidence and means, and their condition.

4. The individual or representative of the organization subject to enforcement, the representative of the authority issuing the enforcement decision, the representative of the local authority, and the witness must sign the protocol. If anyone is absent or refuses to sign the protocol, this fact must be noted in the protocol along with the reason.

5. In cases where the individual or organization subject to enforcement intentionally absents themselves, enforcement shall still proceed but must have representatives from the local authority and witnesses present.

CHAPTER III
PROCEDURES FOR APPLYING ENFORCEMENT MEASURES TO IMPLEMENT REMEDIAL MEASURES FOR CONSEQUENCES CAUSED BY ADMINISTRATIVE VIOLATIONS

Article 33. Decision on enforcement to implement remedial measures for consequences caused by administrative violations

Enforcement to implement remedial measures for consequences caused by administrative violations must be based on a written enforcement decision. The decision must clearly state the date of issuance; the basis for issuance; the name and position of the person issuing the decision; the name and address of the individual or organization subject to enforcement, and the remedial measures to be implemented; the completion time for enforcement; the individual or agency responsible for organizing enforcement activities; the agency responsible for participating; the signature and name of the person issuing the decision, and the seal of the issuing authority.

The decision on enforcement to implement remedial measures for consequences caused by administrative violations must be sent to the individual or organization subject to enforcement, and the People's Committee of the commune where the enforcement measures take place, five days before enforcement begins to coordinate implementation.

Article 34. Organization of enforcement decision implementation

1. Upon receipt of the decision on enforcement to implement remedial measures for consequences caused by administrative violations, the individual or organization assigned the task of organizing enforcement must cooperate with relevant agencies to mobilize forces and means to carry out the measures specified in the decision.

2. Before proceeding with enforcement, if the individual or organization subject to enforcement voluntarily complies, the main enforcement agency shall prepare a record acknowledging the voluntary compliance.

3. When implementing enforcement to implement remedial measures for consequences caused by administrative violations, there must be representatives from local authorities and witnesses present.

4. In cases where the individual or organization subject to enforcement intentionally absents themselves, enforcement shall still proceed but must have representatives from the local authority and witnesses present.

5. In cases where individuals or organizations must enforce decisions regarding the demolition or relocation of unauthorized construction works or the transfer of land, and within the construction work or on the land there are assets not subject to enforcement, the person organizing enforcement has the right to compel the individual or organization to enforce the decision and other people present in the construction work to leave the construction site or area, and request them to move the assets out themselves. If they refuse to do so voluntarily, the person organizing enforcement requests the enforcement force to remove them and the assets from the construction site or area.

If they refuse to accept the assets, the person organizing enforcement must prepare a protocol detailing the quantity, type, and condition of each type of asset, and hire an organization or individual with the necessary conditions to store and preserve the assets or store them in the warehouse of the enforcement decision issuing authority, and notify the location and time for the individual or organization owning the assets to reclaim the assets. The individual or organization owning the assets must bear the costs of transporting, storing, and preserving the assets.

After six months from the date of receiving the notice to collect the property, if individuals or organizations with the property do not come to collect it (except for cases with legitimate reasons), the property will be auctioned according to the provisions of the law. The amount of money obtained, after deducting the costs for transportation, storage, preservation, and disposal of the property, will be deposited in an interest-bearing account without a fixed term at a bank and notified to the individual or organization with the property to claim that amount. For damaged property with no value, the person organizing the compulsory enforcement shall organize its destruction according to the provisions of the law. The person organizing the compulsory enforcement must prepare a record detailing the condition of the property before destruction.

Article 35. Record of enforcement of administrative compulsory decision to enforce measures to remedy consequences caused by administrative violations

1. The enforcement of the administrative compulsory decision to enforce measures to remedy consequences caused by administrative violations must be recorded in a record and handed over to the person subject to enforcement one copy thereof. The record of enforcement of the administrative compulsory decision to enforce measures to remedy consequences caused by administrative violations must clearly state the time, place, authority in charge of enforcing the compulsory measures; the individual or organization subject to enforcement; representatives of local authorities and witnesses; and the results of implementation.

2. Individuals or representatives of organizations subject to enforcement, representatives of the authority issuing the enforcement decision, representatives of local authorities, and witnesses must sign on the record. In case someone is absent or refuses to sign the record, this fact must be noted in the record and the reason stated.

PART IV
ENSURING THE ENFORCEMENT OF ADMINISTRATIVE COMPULSORY DECISIONS

Article 36. Measures to ensure the implementation of administrative compulsory decisions

1. When there is a decision to apply administrative compulsory measures, if there are signs indicating that the individual or organization subject to such measures is engaging in acts of disposing of or damaging money or property, the authority issuing the enforcement decision has the right to request relevant agencies and organizations, local authorities where the individual resides or works, or the organization subject to enforcement to implement measures to freeze assets to prevent the disposal of money or property.

2. In cases where individuals or organizations subject to enforcement engage in resistance and refuse to comply with the enforcement decision, the authority issuing the enforcement decision has the right to mobilize forces and means to ensure the enforcement of the compulsory measures.

3. Individuals subject to administrative enforcement who have not complied or evaded compliance will be temporarily prohibited from leaving the country.

Article 37. Transfer of the enforcement of administrative compulsory decisions to ensure enforcement

1. In cases where individuals or organizations subject to enforcement reside or operate in another province but do not have the conditions to comply with the enforcement decision at the location where the violation occurred, the enforcement decision shall be transferred to the competent authority in the same level at the place where the individual resides or the organization operates to organize the enforcement. If there is no competent authority in the same level at the place where the individual resides or the organization operates, the enforcement decision shall be transferred to the People's Committee of the district to organize the enforcement.

In cases where individuals or organizations subject to enforcement reside or operate in a district within a mountainous, coastal, or remote area where travel is difficult and they do not have the conditions to comply with the enforcement decision at the location where the decision was issued, the enforcement decision shall be transferred to the competent authority in the same level at the place where the individual resides or the organization operates to organize the enforcement.

2. When transferring the enforcement of compulsory measures, the authority transferring the enforcement of compulsory measures shall be responsible for transferring all case files to the competent authority in the same level at the place where the individual resides or the organization operates to organize the enforcement.

Within ten days from the date of receiving the notification of transfer and the case files, the competent authority in the same level at the place where the individual resides or the organization operates shall be responsible for organizing the enforcement of the administrative compulsory decision.

Article 38. Compulsory enforcement against individuals or organizations subject to both administrative penalties and remedial measures

1. In cases where individuals or organizations fail to comply with the administrative penalty decision and also fail to comply with the application of one or more remedial measures due to administrative violations, the authority with the power to issue administrative compulsory decisions as stipulated in Article 4 of this Decree has the right to simultaneously apply the compulsory measures provided in Chapters II and III of this Decree against those individuals or organizations, except in cases prescribed in Article 69 of the Administrative Violation Handling Ordinance.

2. In cases where individuals or organizations only comply with the administrative penalty decision but not with the remedial measures, or only comply with the remedial measures but not with the administrative penalty decision, the authority with the power to issue administrative compulsory decisions as stipulated in Article 4 of this Decree has the right to apply the compulsory measures provided in Chapter II or Chapter III of this Decree against those individuals or organizations.

CHAPTER V
COSTS OF ADMINISTRATIVE COMPULSORY MEASURES

Article 39. Determining costs for administrative compulsory activities

1. Costs for administrative compulsory activities are determined based on actual expenses incurred during the implementation of the administrative compulsory decision enforcement, consistent with prices in each locality.

2. Costs for administrative compulsory activities include:

a) Costs for mobilizing personnel to carry out the enforcement decision;

b) Fees for experts to appraise and organize auctions, costs for organizing the sale of assets;

c) Costs for renting equipment to dismantle, transport items, and assets;

d) Costs for storing or preserving seized assets;

d) Other actual costs (if any).

Article 40. Advance payment and reimbursement of administrative compulsory costs

1. Costs for administrative compulsory activities are temporarily funded from the State budget and reimbursed immediately upon receipt of funds from individuals or organizations subject to administrative compulsory measures.

2. The Ministry of Finance shall be responsible for guiding the management, allocation, advance payment, recovery of advance payments, and reduction of costs for administrative compulsory activities in accordance with the laws on the State budget.

Article 41. Payment of administrative compulsory costs

All costs for administrative enforcement activities shall be paid by the individual or organization subject to enforcement. If the individual or organization does not voluntarily repay the enforcement costs, the authority issuing the enforcement decision may issue another enforcement decision using the measures prescribed in Clause 1 and Clause 2 of Article 2 of this Decree.

Article 42. Exemption and reduction of enforcement costs

1. An individual subject to administrative enforcement who genuinely has difficulty paying part or all of the enforcement costs, and who submits a request for exemption or reduction with confirmation from the People's Committee of the commune, may be considered for partial or full exemption or reduction of administrative enforcement costs.

2. The authority issuing the administrative enforcement decision has the authority to consider exemptions or reductions of enforcement costs.

Chapter VI
PETITION, COMPLAINT, ADMINISTRATIVE LITIGATION,
REWARD AND VIOLATION HANDLING

Article 43. Petition, complaint, administrative litigation

1. An individual or representative of an organization subjected to enforcement measures has the right to petition or file administrative litigation regarding the application of enforcement measures according to the provisions of the law.

2. Every citizen has the right to report illegal acts in the application of enforcement measures.

3. The jurisdiction, procedures, and deadlines for handling petitions, complaints, or resolving administrative litigation are carried out in accordance with the provisions of the law on petitions and complaints or according to the provisions of the law on procedures for resolving administrative cases.

Article 44. Awards

Individuals or organizations that achieve outstanding results in implementing administrative enforcement measures shall be rewarded according to the general system of the State; if they suffer property damage, they shall be compensated; if they suffer health or life damage, they shall enjoy the policy benefits according to the general provisions of the State.

Article 45. Handling Violations

1. An authority issuing an enforcement decision that issues an enforcement measure decision contrary to the law causing damage to other individuals or organizations shall be disciplined based on the nature and degree of violation, criminally prosecuted, and required to compensate for damages caused by their unlawful decision.

2. An individual responsible for enforcing the enforcement decision who abuses power, acts contrary to the law, exceeds the limits of enforcement, tolerates, covers up, fails to enforce, or enforces untimely, shall be disciplined or criminally prosecuted; if material damage is caused to the state, organization, or individual, they must compensate or make restitution according to the law.

3. Any person directly or inciting others to engage in acts disrupting public order or obstructing public officials in the performance of their duties in order to hinder enforcement activities shall be administratively punished or criminally prosecuted depending on the severity of the violation.

Chapter VII
IMPLEMENTING PROVISIONS

Article 46. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 47. Responsibility for guidance and enforcement

The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.