Decree No. 47/2026/ND-CP of the Government amending and supplementing a number of articles of Decree No. 138/2021/ND-CP of the Government 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. The Decree will take effect from March 15, 2026.
The new Decree supplements Article 11a after Article 11 on sealing and opening seals of exhibits and means of administrative violations that are temporarily seized as follows:
The person making the record of temporary seizure, the person with the authority to temporarily seize exhibits and means, shall decide on the case of sealing exhibits and means of administrative violations based on the provisions of Clause 5a, Article 125 of the Law on Handling of Administrative Violations.
Exhibits and means of transport that are temporarily seized are sealed by pasting stamps and seal paper on parts and parts that can be opened to take and exchange exhibits and means of transport, or pasted on parts and parts to ensure the original state of exhibits and means of transport.
In case exhibits and vehicles have large volumes and sizes or cannot be moved, stamps and seals should be affixed to parts and parts that have identified the origin, characteristics, main parts of exhibits and vehicles and other necessary positions to ensure the original state of exhibits and vehicles.
For exhibits and vehicles that can be used with locks, lead wire clips, steel wires and other forms of covering, after covering, apply stamps and seal paper.
For exhibits and vehicles that cannot be sealed at the scene, when bringing them to the place of temporary seizure of exhibits and vehicles, sealing must be carried out according to regulations.
Stamps and seal paper when used for sealing must not be torn or blurred, ensuring integrity; seal stamps must ensure that they are not counterfeited.
For seal papers, there must be basic information about the name of the agency or organization in charge, the time of seal organization, full name, signature or fingerprint of those participating in sealing and stamp of the agency or organization implementing sealing or seal of the commune, ward, or special zone government where sealing is organized on the seal paper.
In case the law has separate regulations on stamps and seal paper forms for exhibits and vehicles in state management fields, it shall be implemented according to relevant legal regulations.
The order and procedures for sealing and opening seals of exhibits and vehicles temporarily seized are as follows:
The person making the temporary detention record, the person with the authority to temporarily seize exhibits, means or the agency of the person making the temporary detention record, the person with the authority to temporarily seize exhibits, means organizes the sealing of exhibits, means of violation in front of the violator; if the violator is absent, it must be sealed in front of the representative of the violator's family, representative of the organization or representative of the commune, ward, special zone government where the sealing is carried out or at least 01 witness.
At the end of sealing, a record must be made according to the Form of the record of sealing exhibits and means of administrative violations temporarily seized according to the provisions of law on handling administrative violations.
Opening seals on exhibits and vehicles organized by the person making the temporary seizure record, the person with the authority to temporarily seize exhibits and vehicles, or the agency of the person making the temporary seizure record, the person with the authority to temporarily seize exhibits and vehicles, by peeling off and removing stamps and seals previously affixed in front of the violator, the person assigned to manage and preserve the exhibits and vehicles being temporarily seized; if the violator is absent, invite representatives of the commune, ward, and special zone authorities where the seal is opened to witness or at least 01 witness when opening the seal.
At the end of seal opening, a record must be made according to the sample record of seal opening of exhibits and means of administrative violations temporarily seized according to the provisions of law on handling administrative violations.
