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On March 5, 2020, the Government issued Decree 31/2020 / ND-CP amending and supplementing a number of articles of Decree No. 115/2013 / ND-CP dated October 3, 2013 on management , preserve material evidences and / or means of administrative violations, which are temporarily seized and confiscated according to administrative procedures.
According to Decree 31/2020 / ND-CP, vehicles of administrative violations in cases of temporary detention to ensure the implementation of decisions on sanctioning administrative violations, if violating organizations or individuals have one of Under the following conditions, a person with temporary custody may assign an organization or individual to breach or preserve the vehicle under the management of a competent person, in particular:
– The violating individual has a place of permanent residence or temporary residence registration or a certificate of working place of the agency or organization where the violating individual is working; The violating organization must have a clear and specific operating address. Violating organizations and individuals must have facilities to store and preserve vehicles.
– Violating organizations and individuals that have the financial capability to place guarantee money may be considered for delivery and preservation of vehicles.
However, the Decree clearly stipulates 04 cases of failing to deliver violated vehicles to violating organizations and individuals for keeping and preserving, including:
– The transport means of the violation case are evidence of a criminal case;
– Vehicles are used for illegal racing, on duty, causing public disorder or causing traffic accidents;
– Certificate of vehicle registration forged or repaired;
– Fake control plates, vehicles have been illegally changed chassis numbers or engine numbers or have their chassis numbers and engine numbers removed.
Decree 31/2020 / ND-CP takes effect from May 1, 2020, partially invalidating Decree 115/2013 / ND-CP providing for management and preservation of material evidences and means of violations. administrative custody, confiscation according to administrative procedures.