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.
Article 4 of this Decree supplements regulations on handling exhibits and means of administrative violations in cases where the violator, owner, manager or legal user cannot be identified as follows:
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:
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 expiration date is less than 60 days according to the expiration date stated on the packaging and labels; processed food and other types of goods and items whose expiration date is less than 30 days according to the expiration date 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.
Handling according to the provisions of Clause 5, Article 126 of the Law on Handling of Administrative Violations for destruction of exhibits and means of administrative violations specified in Point c, Clause 4, Article 126 of the Law on Handling of Administrative Violations that pose a risk of fire, explosion, environmental pollution or affect community health during management and preservation, specifically:
The person or agency of the competent person issuing the decision to temporarily detain establishes a Destruction Council to organize the destruction of goods and items.
The Destruction Council is chaired by the person or representative of the agency of the person with the authority to issue the decision to temporarily detain, other members include: Representatives of financial agencies of the same level or financial agencies in the area where the violation occurred; representatives of agencies and units managing and preserving exhibits and vehicles; representatives of relevant specialized agencies decided by the Chairman of the Destruction Council.
Form of destruction and organization of implementation:
Depending on the nature and characteristics of goods and items and the requirements for ensuring environmental sanitation, the person or agency of the competent person shall issue a decision to temporarily seize the decision on destruction in one of the following forms: using chemicals; using mechanical measures; incineration; burial destruction; other forms as prescribed by law.
Destruction must be made into a record with full signatures of the members of the Destruction Council. The main contents of the record include: basis, reasons for destruction; time, location of destruction; members participating in destruction; name, type, quantity, current status of goods and items at the time of destruction; form of destruction and other related contents.
