On April 28, continuing the 44th session, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.
Reporting at the meeting, Minister of Justice Nguyen Hai Ninh said that the draft Law amends and supplements the content of 64/143 articles (of which, amending and supplementing 26/143 articles, technically amending 22/143 articles - in addition to the articles amending, supplementing and abolishing 16 articles of the Law on Investigation and Investigation of Police) and adds 1 new article.
Notably, the draft amends and supplements current law in the direction of supplementing regulations on handling exhibits, means, licenses, and practice certificates that are temporarily detained in cases where the violator, owner, manager, or legal user does not come to receive them and the violator, owner, manager, or legal user of the exhibits and means cannot be identified.
This is expected to be amended in the direction of specifically regulating cases where it is allowed to immediately sell exhibits and means of administrative violation that are temporarily detained.
For example, the term of use is less than 6 months from the time of temporary detention and there are no suitable technical preservation conditions; easily damaged, degraded quality; there is a risk of fire and explosion, environmental pollution or affecting public health.
There is no storage location that meets technical conditions for the type of exhibits and means of temporary detention and cannot rent warehouses, yards, and appropriate storage means.
These regulations contribute to shortening the time and process of handling temporarily detained exhibits and means of administrative violation, overcoming the situation of backlog and overload in the storage and management of exhibits and means of administrative violation that have been temporarily detained in the past, while helping to avoid loss and waste of assets.
The draft law clearly states that the proceeds from the sale of exhibits and means must be deposited in a temporary detention account opened at the State Treasury.
If the term is expired, the violators, the owner, the manager or the legal user of the exhibits and the means not to receive, the collected money must be paid to the state budget. Du luat cung de xuat Chinh phu quy dinh chi tiet noi dung nay.
Reviewing this content, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Committee agreed to have solutions to continue to improve this regulation, overcoming shortcomings in handling exhibits and means in the past.
However, it is recommended to carefully review the additional regulations on handling exhibits above because they are directly related to the right to own property of citizens protected by the Constitution and the current law has regulations on handling easily damaged goods and items that are exhibits of administrative violations.
Permanent Vice Chairwoman of the Committee for Civil Appeal and Justice Le Thi Nga expressed her agreement with the review on the need for further consideration to ensure caution because it involves people's right to own property.
Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh suggested that the Government carefully consider the addition.
Ensure strictness and harmony with the requirement to respect citizens' property rights protected by the Constitution, but ensure the requirement to strictly handle violations, quick cases, prevent loss and waste of assets and procedures that need to be extremely strict.
The Vice Chairman of the National Assembly suggested that the law could stipulate principles, and the Government should provide detailed regulations. For any unclear issues, further research will be conducted to comprehensively correct them.
