Decree No. 47/2026/ND-CP Amending and Supplementing Certain Articles of Decree No. 138/2021/ND-CP dated December 31, 2021 of the Government on the Management and Preservation of Evidence Items and Means of Administrative Violations Seized Temporarily and Confiscated and Professional Licenses and Certificates Seized According to Administrative Procedures

DECREE

Amending and supplementing some articles of Decree No. 138/2021/NĐ-CP dated December 31, 2021 of the Government on management and preservation of evidence, means of transport seized and confiscated and licenses, certificates of practice temporarily detained according to administrative procedures

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Administration No. 72/2025/QH15;

Pursuant to the Law on Handling Administrative Violations No. 15/2012/QH13 amended and supplemented by Laws No. 54/2014/QH13, No. 18/2017/QH14, No. 67/2020/QH14, No. 09/2022/QH15, No. 11/2022/QH15, No. 56/2024/QH15, and No. 88/2025/QH15;

At the proposal of the Minister of Public Security;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 138/2021/NĐ-CP

dated December 31, 2021 of the Government on management and preservation of evidence, means of transport seized and confiscated and licenses, certificates of practice temporarily detained according to administrative procedures

Article 1. Supplementing Clause 11a after Article 11

"Article 11a. Sealing and unsealing of evidence and means of transport seized 1. The person drafting the temporary detention record, the person authorized to temporarily detain evidence and means of transport based on Clause 5a, Article 125 of the Law on Handling Administrative Violations shall decide on the cases where sealing of evidence and means of transport is required. 2. Evidence and means of transport that are temporarily detained shall be sealed by affixing seals or sealing labels over parts or components that can be opened to remove or exchange evidence and means of transport, or over parts or components to ensure the original condition of the evidence and means of transport..

In cases where evidence and means of transport have large volume or cannot be moved, seals or sealing labels shall be affixed over parts or components that identify the origin, characteristics, main parts of the evidence and means of transport, and other necessary positions to ensure the original condition of the evidence and means of transport. For evidence and means of transport that can be secured with locks, wire seals, steel wires, or other methods, after securing them, seals or sealing labels shall be affixed.

In cases where evidence and means of transport cannot be sealed at the scene, they must be sealed upon being brought to the place for temporary detention according to regulations.

3. Seals and sealing labels used for sealing shall not be torn or blurred, ensuring their integrity; seal labels must ensure they cannot be forged; for sealing labels, basic information such as the name of the agency or organization in charge, the time of sealing, the names, signatures, or fingerprints of those participating in the sealing, and the stamp of the agency or organization conducting the sealing or the stamp of the local authority of the commune, ward, or special zone where the sealing takes place must be affixed on the sealing label.

If there are specific provisions in laws regarding seals and sealing labels for evidence and means of transport in various fields of state management, such provisions shall be followed.

4. Procedures and formalities for sealing and unsealing of evidence and means of transport that are temporarily detained:

a) The person drafting the temporary detention record, the person authorized to temporarily detain evidence and means of transport, or the agency of the person drafting the temporary detention record, the person authorized to temporarily detain evidence and means of transport shall organize the sealing of evidence and means of transport in violation before the violator; if the violator is absent, the sealing must be conducted in front of a representative of the violator's family, a representative of the organization, or a representative of the local authority of the commune, ward, or special zone where the sealing takes place, or at least one witness.

Upon completion of the sealing, a record of sealing of evidence and means of transport seized must be established according to the Model Record of Sealing of Evidence and Means of Transport Seized as prescribed by the law on handling administrative violations;

b) Unsealing of evidence and means of transport shall be organized by the person drafting the temporary detention record, the person authorized to temporarily detain evidence and means of transport, or the agency of the person drafting the temporary detention record, the person authorized to temporarily detain evidence and means of transport by peeling off or removing the previously affixed seals or sealing labels in front of the violator, the person assigned to manage and preserve the evidence and means of transport that are temporarily detained; if the violator is absent, a representative of the local authority of the commune, ward, or special zone where the unsealing takes place must be invited to witness or at least one witness must be present when unsealing.

Upon completion of the unsealing, a record of unsealing of evidence and means of transport seized must be established according to the Model Record of Unsealing of Evidence and Means of Transport Seized as prescribed by the law on handling administrative violations."

Article 2. Amending and supplementing Clause 1 and Point a Clause 2 of Article 16

1. Amending and supplementing Clause 1 as follows:

"1. Returning seized evidence, means of transport, licenses, certificates of practice or transferring seized and confiscated evidence, means of transport must be decided by a written decision of the person authorized to issue the temporary detention decision.

Notifying or sending these decisions (decisions to return seized evidence, means of transport, licenses, certificates of practice or decisions to transfer seized and confiscated evidence, means of transport) to the investigating agency, specialized state management agency, forensic agency, representative of credit organizations, foreign bank branch, organization buying and selling, debt collection (if any), or the violator through one of the forms of application of national identification/electronic identity account, email address, phone number, or other appropriate forms."

2. Amending and supplementing Point a Clause 2 as follows:

"a) Checking the decision to return seized evidence, means of transport, licenses, certificates of practice or the decision to transfer seized and confiscated evidence, means of transport; checking the identity card or electronic identity card or citizen identity card of the person coming to collect.

The person coming to collect seized evidence, means of transport, licenses, certificates of practice must be the violator or the owner, lawful manager, or lawful user of the evidence, means of transport, licenses, certificates of practice seized or the representative of the credit organization, foreign bank branch, organization buying and selling, debt collection, or administrative violation organization recorded in the temporary detention decision of evidence, means of transport, licenses, certificates of practice. If the owner, organization, or individual authorizes another person to come to collect seized evidence, means of transport, licenses, certificates of practice, they must establish a power of attorney in accordance with the law;"

The notification or delivery of decisions (decisions to return seized items, means, licenses, professional certificates, or decisions to transfer seized items, means for confiscation) to investigative agencies, specialized state management agencies, appraisal agencies, representatives of credit organizations, foreign bank branches, organizations buying and disposing of debts (if any), or violators through one of the following forms: application of national identification/national electronic account, email address, phone number, or other appropriate forms.”

2. Amend and supplement point a, Clause 2 as follows:

“a) Check the decision to return seized items, means, licenses, professional certificates, or the decision to transfer seized items, means; check the identity card or electronic identity card or citizen identity card of the person receiving the items.

The person receiving the returned seized items, means, licenses, professional certificates must be the violator or the owner, lawful manager, lawful user of the items, means, licenses, professional certificates that were seized, or the representative of a credit organization, foreign bank branch, organization buying and disposing of debts, or the representative of an administrative violator recorded in the decision to seize items, means, licenses, professional certificates. If the owner, organization, or individual authorizes another person to receive the returned seized items, means, licenses, professional certificates, they must establish a power of attorney in accordance with the provisions of the law;”

Article 3. Amending and supplementing Clause 1 and Clause 2 of Article 17

1. Amending and supplementing Clause 1 as follows:

“1. The handling of seized items, means of transport, licenses, and certificates of practice that have exceeded the temporary detention period shall be carried out in accordance with the provisions of Clauses 4, 4a, and Clause 4b of Article 126 of the Law on Handling Administrative Violations.”

2. Amending and supplementing Clause 2 as follows:

“2. The person issuing the decision to temporarily detain seized items, means of transport, licenses, and certificates of practice shall be responsible for continuing to organize the management and preservation of such items, means of transport, licenses, and certificates of practice when they have exceeded the temporary detention period and the organizations or individuals specified in Point a, Clause 2 of this Decree have not come to collect them or the violator cannot be identified, and during the time of public announcement through mass media until the items or means of transport are confiscated and handled according to regulations or until the items or means of transport are transferred at the request of the competent authority conducting proceedings, and the licenses and certificates of practice are transferred to the competent authority for recovery in accordance with the law.”

Article 4. Supplementing Article 17a after Article 17

"Article 17a. Handling of seized items and means of transport in cases where the violator, owner, manager, or lawful user cannot be identified.

The person managing and preserving seized items and means of transport during the management and preservation period shall be responsible for reviewing, compiling statistics, and promptly reporting to the person or agency authorized to issue the decision on temporary detention to handle seized items and means of transport in cases where the violator, owner, manager, or lawful user cannot be identified, specifically:

1. Handling in accordance with the provisions of Clause 3 of Article 126 of the Law on Handling Administrative Violations to immediately organize direct sales (without auction) of seized items and means of transport that are goods or products if not handled immediately, after the confiscation decision, they may deteriorate or lose quality, including fresh food, easily perishable food, difficult to preserve; medicines, veterinary drugs, plant protection chemicals with less than 60 days remaining from the expiration date marked on the packaging or label; processed food and other goods or products with less than 30 days remaining from the expiration date marked on the packaging or label; seasonal goods (seasonal consumer goods, festival-related goods), electronic goods, and other goods or products that due to their natural characteristics or storage conditions, if not handled immediately, may deteriorate or lose quality after the confiscation decision.

The selling price of easily perishable goods and products shall be determined by the person or agency authorized to issue the decision on temporary detention based on the basis for determining the price under Clause 2 of Article 60 of the Law on Handling Administrative Violations or in coordination with the financial agency at the location of the violation to determine the selling price of easily perishable goods and products.

The sale of easily perishable goods and products must be recorded in a protocol containing the following main contents: time and place of sale; name, type, origin, quantity, condition of the goods or products at the time of sale; selling price; buyer and other related contents.

2. Handling in accordance with the provisions of Clause 5 of Article 126 of the Law on Handling Administrative Violations to destroy seized items and means of transport specified in Point c, Clause 4 of Article 126 of the Law on Handling Administrative Violations that pose a risk of fire, explosion, environmental pollution, or impact on public health during management and preservation, specifically:

a) The person or agency authorized to issue the decision on temporary detention shall establish a Destruction Committee to organize the destruction of goods and products. The Destruction Committee shall be chaired by the person or representative of the agency authorized to issue the decision on temporary detention, with other members including: representatives of the financial agency at the same level or the financial agency at the location of the violation; representatives of the unit currently managing and preserving seized items and means of transport; representatives of relevant specialized agencies appointed by the Chair of the Destruction Committee;

b) Form of destruction and organization of implementation:

Depending on the nature and characteristics of the goods and products and the requirement to ensure environmental hygiene, the person or agency authorized to issue the decision on temporary detention shall decide on destruction according to one of the following forms: using chemicals; using mechanical methods; burning; burying; other forms prescribed by law.

The destruction must be recorded in a protocol signed by all members of the Destruction Committee. The main contents of the protocol include: basis and reason for destruction; time and place of destruction; participants in destruction; name, type, quantity, condition of the goods or products at the time of destruction; form of destruction and other related contents.”

Article 5. Supplementing, replacing, and deleting phrases in Points and Clauses of Articles 1, 8, 14, 15

1. Adding the phrase “and relevant laws” after the phrase “Law on Handling Administrative Violations” at the end of Clause 2 of Article 1.

2. Replacing the phrase “when there is a decision by the competent authority” with the phrase “when there is a decision by the competent authority issuing the decision on temporary detention or the decision by the competent authority” at the end of Clause 2 of Article 8.

3. Replacing the phrase “People's Committee of communes, wards, towns” with the phrase “People's Committee of communes, wards, special zones” in Clause 3 of Article 14.

4. Deleting the phrase “The violator when sending the application must attach a copy along with the original for comparison or a certified copy of the Identity Card or Citizen Identification Card or a certificate of workplace issued by the organization or entity where the violator works” in Point a, Clause 2 of Article 14.

5. Deleting the phrase “or ID number” in Point a, Point c, Clause 2 of Article 14, Point a, Point c, Clause 3, Clause 4, Clause 6 of Article 15.

Article 6. Implementation Provisions

1. This Decree takes effect from March 15, 2026.

2. The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree.