Handling administrative violations when the violator cannot be identified

Legal Consulting Office of Lao Dong Newspaper answers:

Article 4, Decree 47/2026/ND-CP (effective from March 15, 2026) stipulates supplementing Article 17a after Article 17 of Decree 138/2021/ND-CP stipulating the management and preservation of exhibits and means of administrative violations that are temporarily seized, confiscated and licenses and professional certificates that are temporarily seized according to administrative procedures, as follows:

Article 17a. Handling exhibits and means of administrative violations in cases where the violator, owner, manager or legal user cannot be identified.

The person managing and preserving exhibits and vehicles temporarily seized during the management and preservation period is responsible for reviewing, statistically analyzing and promptly reporting to the person or agency of the competent person issuing the decision to temporarily seize for handling exhibits and means of administrative violations in cases where the violator, owner, manager or legal user cannot be identified, specifically:

1. Handling according to the provisions of Clause 3, Article 126 of the Law on Handling of Administrative Violations to organize immediate sale (direct sale, not through auction) for exhibits and means of administrative violations that are goods and items, if not handled immediately, then after having a decision to confiscate goods and items that may be damaged or reduced in quality include: fresh food, easily spoiled, difficult to preserve; medicines, veterinary drugs, pesticides whose shelf life is still less than 60 days according to the limit stated on the packaging and labels; processed food and other types of goods and items whose shelf life is still less than 30 days according to the limit stated on the packaging and labels; seasonal goods (seasonal consumer goods, serving holidays and Tet), electronic goods and other types of goods and items due to natural characteristics, storage conditions, if not handled immediately, then after having a decision to confiscate, they may be damaged or reduced in quality.

The selling price of goods and items that are easily damaged or reduced in quality is decided by the person or agency of the competent person issuing the decision to temporarily seize exhibits and means based on the basis of determining the price as prescribed in Clause 2, Article 60 of the Law on Handling of Administrative Violations or in coordination with the financial agency in the area where the violation occurs to determine the selling price of goods and items that are easily damaged or reduced in quality.

The sale of goods and items that are easily damaged or have reduced quality must be made into a record including the following basic contents: time, location of sale; name, type, origin, quantity, current status of goods and items at the time of sale; selling price; buyer and other related contents.

Thus, from March 15, 2026, the handling of exhibits and means of administrative violations when the violator cannot be identified is as above.