Decree No. 296/2025/ND-CP stipulating the enforcement of decisions on administrative violations takes effect from 2026. This Decree has separate regulations on the seizure of means of transport, including motorbikes.
According to Decree 296/2025/ND-CP on minutes of asset seizure as follows:
The asset seizure must be recorded, clearly stating: Time and place of asset seizure; full name and position of the person presiding over the... seizure.
The representative of the organization whose assets are distrained, the individual whose assets are distrained or their legal representative; the witness or representative of the commune-level People's Committee; describing the name, status, and characteristics of each distrained asset.
The person presiding over the seizure, the representative of the organization whose assets are seized, the individual whose assets are seized or their legal representative, the witness or representative of the commune-level People's Committee signs the minutes. If the minutes of property seizure have many pages, they must be signed on each page of the minutes.
In case someone is absent or present but refuses to sign the minutes, it must be recorded in the minutes and clearly state the reason.
The distraint record is made into 2 copies, the agency in charge of distraint keeps 1 copy, and 1 copy is handed over to the individual or representative of the distraught organization immediately after completing the record making.
In case an individual or representative of an organization does not receive the distraint record, a record of the incident must be made, with confirmation from the commune-level People's Committee or witnesses, and the record is considered handed over.
In case an individual or representative of an organization under seizure is absent and does not authorize others to exercise their rights and obligations, the agency in charge of the seizure shall send the seizure record by post as prescribed in Clause 2, Article 6 of this Decree.
Regulations on confiscation of means of transport, (including motorbikes) are as follows:
In case of seizure of means of transport of organizations and individuals subject to coercive measures, the person presiding over the seizure requests the person subject to coercive measures, the person currently managing and using that means to hand over the vehicle registration certificate.
For vehicles being exploited and used, after the seizure, the person in charge of the seizure may seize or hand over to the person subject to coercive measures, the person currently managing and using to continue exploiting, using, and preserving but not allowed to transfer, pledge, or mortgage.
In case it is handed over to a person subject to coercive measures, a person who is managing and using and continues to exploit and use the means of transport, the person in charge of the distraint shall issue that person a document confirming the seizure of the vehicle registration certificate.
The person in charge of the seizure has the right to request competent authorities to prohibit the transfer, mortgage, mortgage, lease or restrict traffic participation for the seized vehicle, and notify the vehicle registration agency and relevant agencies of the seizure of that traffic vehicle.
