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New policy in Vietnam: Traffic violated vehicles not be confiscated with guarantee money place

16:11 | 24/04/2020

According to Decree 31/2020/ND-CP, vehicles of violations in cases of temporary detention may be assigned to organizations and individuals that violate custody and preservation.

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new policy in vietnam traffic violated vehicles not be confiscated with guarantee money place
(Photo: Dan sinh)

Specifically, under this Decree, the violating organizations and individuals may be assigned to keep and preserve the vehicles administrative violations under the management of agencies and persons having competence to hold custody if violating individuals or organizations have one of two conditions:

- The violator has a place of permanent residence or temporary residence registration, or a certificate of working place of the agency or organization (with a clear address) where the violating individual is working...Organizations and individuals must have facilities to store and preserve vehicles.

- Violating organizations and individuals have the financial capability to place guarantee money.

In this case, the violator must send an application to the competent custody agency for keeping and preserving the vehicle. When submitting the application, the applicant must enclose the original copy or notarized, authenticated copy of the household registration book/temporary residence book or the identity card or the certificate of working place.

Violating organizations and individuals, during the time assigned to keep or preserve the violating vehicles, shall not be allowed to use such violating means to participate in traffic; not to arbitrarily change the place of keeping or preservation of violation means without the written consent of the person competent to custody.

If failing to strictly comply with the regulations, the person competent to temporarily seize the vehicle shall consider and decide on the transfer of the violating means to the place of custody of the agency or the person competent to custody, according to Vietnam Law.

new policy in vietnam traffic violated vehicles not be confiscated with guarantee money place
(Photo: Tuoi tre)

The Decree prescribes 04 cases not to be considered for placing guarantee money to deliver vehicles of administrative violations to violating organizations and individuals for keeping and preserving:

- The vehicle of the violation is evidence of a criminal case;

- Vehicles used for illegal racing, on duty, causing public disorder or causing traffic accidents;

- Certificate of vehicle registration forged or repaired;

- Fake control plates, vehicles with illegal frames and engine numbers or have their engine numbers removed.

In addition, the Decree also stipulates the deduction for the guarantee payment of temporarily seized means of transport according to administrative procedures, according to To quoc.

Within 10 days after the expiry of the sanctioning time limit, if the organizations or individuals fail to comply, the persons competent to sanction administrative violations shall issue decisions on the deduction of guarantee deposits.

The Decree takes effect from May 1, 2020.

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