Decree 138/2021/ND-CP, adjusting and supplementing Decree 47/2026/ND-CP, stipulates the assignment of administratively violating means of transport to violating organizations and individuals for storage and preservation.
Some notable contents are as follows:
Vehicles committing administrative violations that are subject to temporary detention if they meet one of the conditions below, the person with the authority to temporarily detain them may hand over to the violating organization or individual for storage and preservation. Specific conditions include:
The violating individual has permanent residence or temporary residence that is still valid or has a confirmation of the workplace of the agency or organization where the violating individual is working; the violating organization must have a specific and clear operating address. The violating organization or individual must have a place to keep and preserve the vehicle.
Organizations and individuals who violate have the financial capacity to deposit guarantee money.
Regarding the procedure for resolving the handover of administratively violating vehicles to violating organizations and individuals for storage and preservation, it is as follows:
Organizations and individuals who violate must make a petition to the competent person for temporary detention requesting to keep and preserve the administratively violating means of transport.
In the application, clearly state the full name, personal identification number or identity card number, permanent residence, temporary residence, occupation of the violator or the name, address of the violating organization, administrative violation, name, quantity, characteristics, type, serial number, trademark, symbol, origin, year of manufacture, engine number, chassis number, capacity, condition of the vehicle, place of keeping and preserving administratively violating means of transport at the request of organizations and individuals after being temporarily seized and handed over by a competent person to keep and preserve administratively violating means of transport.
Individuals who violate, when submitting a petition, must submit a copy attached to the original for comparison or a notarized copy of the identity card or citizen identification card or a confirmation of the workplace of the agency or organization where the violating individual is working; for violating organizations, there must be documents proving the address of the headquarters of that organization.
Within no more than 2 working days from the date of receiving the request, the person with the authority to temporarily detain must consider and decide on the handover of the administratively violating means of transport to the violating organization or individual for storage and preservation.
For cases with many complex details that require additional time to verify, within no more than 3 working days from the date of receiving the request, the person with the authority to temporarily seize must consider and decide on the handover of the administratively violating means of transport to the violating organization or individual for storage and preservation. In case of not handing over the administratively violating means of transport to the violating organization or individual for storage and preservation, there must be a written reply stating the reason;
However, people need to note that during the time of being assigned to keep and preserve administratively violating vehicles, they are not allowed to use those violating vehicles to participate in traffic; they are not allowed to arbitrarily change the place of keeping and preservation of administratively violating vehicles without the written consent of the competent person for temporary detention.
The law also stipulates cases where administrative violation vehicles are not handed over to violating organizations and individuals for storage and preservation, including:
The means of transport of the violation is material evidence of the criminal case.
Vehicles used for illegal racing, resisting law enforcement officers, causing public disorder or causing traffic accidents.
No vehicle registration certificate or a fake or repaired vehicle registration certificate.
Fake license plates, vehicles having their chassis number and engine number illegally changed or having their chassis number and engine number erased.
Traffic vehicles violating regulations that will be subject to additional penalties of vehicle confiscation.
