Decree No. 70/2006/NĐ-CP on the management of seized items and means of transport under administrative procedures

DECREE

Regulations on the management of seized items and means of transport

temporarily detained under administrative procedures

______________

THE GOVERNMENT

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

Based on the Administrative Violation Handling Ordinance dated February 7, 2002.

Considering the proposal of the Minister of Public Security,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates the management regime for seized items and means of transport temporarily detained under administrative procedures (hereinafter referred to as seized items and means of transport); responsibilities and authorities of agencies and persons managing seized items and means of transport; rights and obligations of agencies, organizations, and individuals with seized items and means of transport.

2. Seized items and means of transport include objects, goods, and means of transport directly related to administrative violations.

3. For seized items and means of transport that are money, foreign currency, securities, documents related to assets, gold, silver, precious stones, precious metals, narcotics, weapons, auxiliary tools, objects of historical cultural value, national treasures, antiques, rare forest products, various types of animals, plants, easily perishable goods, and other special seized items and means of transport, this Decree shall not apply but shall be governed by Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

Article 2. Applicability

1. Vietnamese organizations and individuals having seized items and means of transport shall be governed by the provisions of this Decree and other relevant laws.

2. Foreign organizations and individuals having seized items and means of transport temporarily detained within the territory of Vietnam shall be treated the same as Vietnamese organizations and individuals having seized items and means of transport; in cases where international treaties to which Vietnam is a party provide otherwise, such treaties shall prevail.

Article 3. Principles for managing seized items and means of transport

1. Seized items and means of transport must be managed and stored strictly, safely, reasonably arranged, easy to inspect, avoiding confusion, not causing environmental pollution, preventing the spread of diseases, facilitating management, and serving the effective handling of administrative violations. All acts of swapping, appropriating, illegally buying and selling, losing, damaging, shortening, violating seals on seized items and means of transport, and other acts of profiteering are strictly prohibited.

2. The management of seized items and means of transport must be carried out in accordance with the provisions of this Decree; they can only be received, returned, or transferred to agencies, organizations, or individuals upon a decision by the competent authority.

3. The place of temporary detention of seized items and means of transport must ensure safety against fire and explosion and meet environmental protection requirements.

Article 4. Funding for managing seized items and means of transport

1. Funding for managing seized items and means of transport includes: funding for constructing, repairing, expanding, upgrading, or renting places of temporary detention; funding for purchasing, repairing, and upgrading necessary equipment and means of transport for managing, storing, transporting, receiving, and appraising seized items and means of transport; funding for publicizing on mass media; funding for handling seized items and means of transport that have lost their value and must be destroyed; and other expenses consistent with legal regulations.

2. The funding for managing seized items and means of transport is guaranteed by the local budget.

3. Storage fees, wharfage fees, and preservation fees for seized items and means of transport are implemented according to current legal regulations.

Chapter II

PLACE OF TEMPORARY DETENTION AND MANAGEMENT REGIME FOR SEIZED ITEMS AND MEANS OF TRANSPORT

Article 5. Place of temporary detention for seized items and means of transport

1. The place of temporary detention for seized items and means of transport is warehouses, wharfs, parking lots, ship docks, offices of the competent authority for temporary detention, or other places designated by the competent authority for temporary detention.

2. The Chairman of the People's Committee of provinces and centrally-administered cities shall decide to construct common places of temporary detention for seized items and means of transport based on the specific characteristics of the locality and the proposals of the competent authorities for temporary detention; for agencies frequently needing to detain large quantities of seized items and means of transport, the provincial or centrally-administered city People's Committee shall be responsible for allocating land and funding for construction.

3. The provincial or centrally-administered city People's Committee shall organize the management of common places of temporary detention or entrust one agency to manage them. Agencies with places of temporary detention for seized items and means of transport or entrusted to manage common places of temporary detention must assign dedicated staff to manage seized items and means of transport.

4. Depending on actual conditions, the Chairman of the People's Committee of provinces and centrally-administered cities shall decide on the form and scale of design for constructing places of temporary detention for seized items and means of transport in their respective localities.

Article 6. Responsibilities and authorities of the head of the agency managing the place of temporary detention for seized items and means of transport

1. Directing, monitoring, inspecting, and supervising the implementation of measures for managing seized items and means of transport.

2. Assigning staff to manage seized items and means of transport in accordance with the conditions of the place of temporary detention.

3. Promptly informing the agency issuing the temporary detention decision when the seized items and means of transport exceed the detention period; when seized items and means of transport have been decided to be returned to individuals or organizations but have not been collected; and when seized items and means of transport are lost, infringed upon, appropriated, damaged; in cases indicating criminal offenses, immediately report to the competent investigative authority.

4. Informing financial agencies and auction service centers about seized items and means of transport that have been decided to be confiscated for auction and to be incorporated into state funds.

5. Taking the lead and coordinating with local People's Committees, people's armed forces, and relevant agencies and units to move seized items and means of transport to safe locations in case of natural disasters or other situations threatening the safety of seized items and means of transport.

6. Proposing and reporting to superiors or competent authorities on the status, protection plans, upgrading, and repair of places of temporary detention for seized items and means of transport.

7. During the process of managing seized items and vehicles under temporary detention, if loss, sale, substitution, or damage occurs due to the fault of the management entity, the head of the agency shall be held responsible according to the provisions of the law.

Article 7. Duties and powers of the person managing seized items and vehicles under temporary detention

1. Carry out the receipt and return of seized items and vehicles under temporary detention or transfer such items and vehicles to the investigating agency or another agency upon the decision of the authorized authority.

2. Implement the management and preservation of seized items and vehicles under temporary detention in accordance with the prescribed management regime.

3. Regularly inspect the place of temporary detention; promptly detect lost, damaged items or vehicles or places of temporary detention that do not ensure safety to take timely measures to remedy.

4. Record in the logbook and fully document the time, date, month, year of receipt, return, and transfer of such items and vehicles; clearly state the decision number, detention period, reason for detention, and name and position of the decision maker, giver, and receiver of such items and vehicles.

5. Daily statistics and periodically report to the head of the agency managing seized items and vehicles under temporary detention on:

a) The quantity of seized items and vehicles received on the day;

b) Contraband items and means returned to the owner, manager, or lawful user;

c) The quantity of contraband items and means that have exceeded the detention period but the owner, manager, or lawful user has not come to collect;

d) The quantity of contraband items and means transferred to competent agencies;

d) The total quantity of seized items and vehicles currently under temporary detention.

6. During the process of managing seized items and vehicles under temporary detention, if the direct manager causes loss, illegal sale, substitution, or damage due to their own fault, they may be subject to disciplinary action or criminal responsibility and must compensate; the immediate superior of that person must also bear joint liability according to the provisions of the law.

Article 8. Procedure and formalities for receiving seized items and vehicles under temporary detention

When receiving seized items and vehicles under temporary detention, the person assigned the task of management shall implement the following steps:

1. Check the detention decision, detention record, and other related documents.

2. Compare and cross-check the seized items and vehicles with the record and statistical report regarding quantity, volume, weight, type, brand, origin, condition; sealing status (if applicable); record in the tracking logbook and require the giver to sign the logbook.

Article 9. Classification of seized items and vehicles under temporary detention

1. The person assigned the task of managing seized items and vehicles under temporary detention must classify each item and vehicle to arrange and organize them in the correct location, facilitating management work.

2. Seized items and vehicles must be managed, stored, and preserved in accordance with the regulations stipulated in this Decree and other relevant laws.

3. In cases where seized items and vehicles cannot be moved to the place of temporary detention, the authorized authority issuing the detention decision may decide to hand over such items and vehicles to individuals or organizations holding them or to the People's Committee of the commune, ward, town where the seized items and vehicles are located for management and preservation.

4. When handing over or receiving seized items and vehicles, a record must be established, clearly stating the quantity, volume, weight, type, brand, origin, and condition. The record is made in two copies, signed by both parties, and each party retains one copy. The person entrusted with the preservation of seized items and vehicles must comply with the provisions of this Decree.

Article 10. Procedure and formalities when returning or transferring seized items and vehicles under temporary detention

1. When returning or transferring seized items and vehicles under temporary detention, the person assigned the task of management has the responsibility:

a) To check the decision to return or transfer such items and vehicles; to check the identity card and other related documents of the person coming to receive;

b) To request the person coming to receive to check the type, quantity, volume, weight, characteristics, and current condition of the seized items and vehicles under the witness of the management staff;

c) In cases where such items and vehicles are transferred to the investigating agency, auction service center, financial agency, or appraisal agency, the management staff must establish a record regarding quantity, volume, weight, type, brand, origin, and condition. The record is made in two copies, signed by both the giver and the receiver, and each party retains one copy.

2. The manager only implements the return or transfer of seized items and vehicles under temporary detention when all procedures as stipulated in point a, Clause 1, Article 1 of this Decree are complete.

3. Once the seized items and vehicles have been removed from the place of temporary detention, the person receiving them shall be responsible for any loss or change to such items and vehicles.

Article 11. Handling of seized items and vehicles after the expiration of the temporary detention period

1. For seized items and vehicles that have exceeded the temporary detention period and whose owner, manager, lawful user, or those persons are unknown or have not come to resolve to receive such items and vehicles, the authorized authority confiscating them must announce at least twice consecutively through central or local mass media where the seized items and vehicles are temporarily detained and publicly post at the office of the confiscating authority. Within thirty days from the last announcement on mass media and public posting, if the owner, manager, lawful user, or those persons have not been identified or have not come to receive, the authorized authority must issue a confiscation decision according to Article 61 of the Administrative Violations Handling Ordinance and Article 31 of Decree No. 134/2003/NĐ-CP dated November 14, 2003.

2. For seized items and vehicles that have been decided to be confiscated, within ten days from the date of issuance of the decision, the confiscating authority must transfer the confiscation decision to the competent financial agency or auction service center to auction according to Article 61 of the Administrative Violations Handling Ordinance and Article 33 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government. Within fifteen days from the date of receipt of the aforementioned decision, the competent financial agency or auction service center must accept such items and vehicles to organize the auction according to the law.

3. As for seized items and means of transport, if they are deemed to have no remaining value, the person issuing the confiscation decision must propose that the same-level People's Committee issue a decision to establish an Asset Evaluation Council. The Council shall consist of:

a) The leader of the agency issuing the confiscation decision serving as the Chairman of the Council;

b) The leader of the financial agency at the same level serving as the Vice-Chairman of the Council;

c) Depending on the nature and characteristics of each case, the person authorized to establish the Council decides on other members (Public Prosecutor, Police, Inspectorate, etc.) to participate in the Council.

4. After evaluation, if it is determined that the seized items and means of transport still have usable value, they shall be handled according to the provisions of Clause 2 of this Article. If it is determined that the seized items and means of transport have no remaining value, the Asset Evaluation Council shall organize their destruction.

The asset evaluation and destruction of seized items and means of transport must be recorded in a protocol signed by all members of the Council.

Article 12. Handling of seized items and means of transport which the financial agencies and auction service centers do not accept in accordance with regulations; localities without auction service centers

In cases where the financial authority and auction service centers do not accept seized items and means of transport within the time limit stipulated in Clause 1 of Article 11 of this Decree to organize auctions, the following measures shall be taken:

1. The Chairman of the People's Committee of the district shall decide to establish an Auction Council to organize auctions for seized items and means of transport valued under VND 10,000,000 confiscated by agencies at the same level and commune level. The Council shall consist of:

a) The leader of the agency issuing the confiscation decision serving as the Chairman of the Council;

b) The leader of the financial agency at the same level serving as the Vice-Chairman of the Council;

c) Depending on the nature and characteristics of each case and the actual situation in the locality, the person authorized to establish the Council decides on other members (Public Prosecutor, Police, Inspectorate, and specialized agencies...) to participate in the Council.

2. The Chairman of the People's Committee of the province shall decide to establish an Auction Council to organize auctions for seized items and means of transport confiscated by agencies at the same level and those confiscated by lower-level agencies valued at VND 10,000,000 or more. The Council shall consist of:

a) The leader of the provincial financial agency serving as the Chairman of the Council;

b) The leader of the agency issuing the confiscation decision serving as the Vice-Chairman of the Council;

c) The leader of the local auction service center serving as a member (except in cases where the locality does not have an auction service center);

d) Depending on the nature and characteristics of each case and the actual situation in the locality, the person authorized to establish the Council decides on other members (Public Prosecutor, Police, Inspectorate, and specialized agencies...) to participate in the Council.

3. The Minister of Finance shall decide to establish an Auction Council to organize auctions for seized items and means of transport confiscated by central-level agencies based on the proposal of the agency issuing the confiscation decision. The Council shall consist of:

a) A representative of the leadership of the Ministry of Finance serving as the Chairman of the Council;

b) A representative of the leadership of the agency issuing the confiscation decision serving as the Vice-Chairman of the Council;

c) Depending on the nature and characteristics of each case, the person authorized to establish the Council decides to invite other members (Public Prosecutor, Police, Inspectorate, and specialized agencies...) to participate in the Council.

4. For localities without an auction service center, the handling of seized items and means of transport valued at over VND 10,000,000 shall be carried out in accordance with Clause 2 of this Article.

5. Auctions shall be conducted in accordance with the provisions of Decree No. 05/2005/NĐ-CP dated January 18, 2005 on Auctioning Assets. The proceeds from the auctions shall be handled in accordance with Article 34 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing certain provisions of the Administrative Violations Handling Ordinance 2002.

Chapter III

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS WITH SEIZED ITEMS AND MEANS OF TRANSPORT

Article 13. Rights of organizations and individuals with seized items and means of transport

When collecting seized items and means of transport, organizations and individuals have the right to inspect the seized items and means of transport under the supervision of management staff. If they discover any loss, substitution, damage, or shortage of assets, they have the right to request the management staff to record it in a protocol and demand compensation from the agency managing the seized items and means of transport.

Article 14. Obligations of organizations and individuals with seized items and means of transport

1. Upon receiving the decision to return seized items and means of transport, organizations and individuals must collect them within the time limit specified in the seizure decision.

2. Organizations and individuals with seized items and means of transport must pay storage and preservation fees in accordance with the Administrative Violations Handling Ordinance 2002 when collecting the items and means of transport.

Chapter IV

COMPLAINTS, REPORTS, ADMINISTRATIVE SUITS, REWARDS, AND VIOLATION HANDLING

Article 15. Complaints and Reports

1. The owner of the seized items and means of transport or their lawful representative has the right to complain about violations of the law by the management agency and management staff of the seized items and means of transport.

2. Any citizen has the right to report illegal acts by the management agency and management staff during the process of managing and preserving seized items and means of transport.

3. The authority, procedures, and deadlines for handling complaints and reports shall be implemented in accordance with the relevant laws on complaints and reports.

Article 16. Administrative Suits

Initiating administrative suits against agencies and staff during the process of managing and preserving seized items and means of transport shall be carried out in accordance with the relevant laws on administrative litigation procedures.

Article 17. Rewards and Violation Handling

1. Individuals who achieve outstanding results in implementing this Decree shall be rewarded in accordance with the law.

2. Individuals who violate the provisions of this Decree and related laws shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Responsibilities of the Ministry of Finance and Chairmen of Provincial People's Committees

1. The Ministry of Finance is responsible for guiding the collection of storage and preservation fees for seized items and means of transport.

2. The Chairman of the People's Committee of the province or centrally governed city shall be responsible for constructing or allocating land and ensuring funding to manage seized items and means of transportation temporarily detained in their locality, directing relevant agencies at the local level to cooperate and ensure security, public order, and safety at the place of temporary detention.

Article 19. Effectiveness

This Decree shall take effect fifteen days from the date of publication in the Official Gazette. Previous provisions that conflict with this Decree shall be abolished.

Article 20. Responsibility for Implementation

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