During the Lunar New Year, many people who violate traffic laws have their motorbikes temporarily detained. In certain cases, violators can request to preserve their vehicles themselves. However, during the preservation period, people are not allowed to use motorbikes and must deposit a guarantee.
Regarding the regulation on placing money to guarantee administrative violation vehicles, it is stipulated in Decree 138/2021/ND-CP. Some noteworthy points are as follows:
Order of settlement of bail deposits
Violating organizations and individuals must make a petition to the competent authority for temporary detention, requesting to deposit a security deposit for administratively violating means of transport to keep and preserve administratively violating means of transport; in the petition, 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 (if any), condition of the vehicle, place requesting to keep and preserve the vehicle after being assigned by the competent authority to keep and preserve the vehicle.
Within a period of no more than 02 working days from the date of receiving the request for deposit for bail, the person with the authority to temporarily detain must consider and decide on allowing deposit for bail and handing over the violating administrative means of transport to the violating organization or individual for storage and preservation. For cases with many complicated details that require additional time to verify, within a period of no more than 03 working days from the date of receiving the request for deposit for bail, the person with the authority to temporarily detain must consider and decide on allowing deposit for bail and handing over the violating administrative means of transport to the violating organization or individual for storage and preservation. In case of disagreement with depositing for bail for the temporarily seized means of transport, there must be a written response stating the reason.
After the person with the authority to temporarily seize issues a decision to place a guarantee deposit, organizations and individuals can deposit a guarantee deposit directly or through the account of the agency with the authority to temporarily seize the vehicle. The guarantee deposit amount is at least equal to the maximum penalty amount of the penalty frame prescribed for one violation; in case of committing multiple administrative violations in the same violation case, the guarantee deposit amount must be at least equal to the total maximum penalty amount of the violations.
The deposit of guarantee money must be made into a record. The record must clearly state the place of making the record; date, month, year of deposit of guarantee money; full name, position of the person deciding to deposit the guarantee money; name of the organization or individual depositing the guarantee money; personal identification number or ID card number of the individual depositing the money; reason for depositing the guarantee money; amount of deposited guarantee money; term of deposit of guarantee money; responsibilities of the organization or individual depositing the guarantee money. The record must have the signature of the person authorized to decide to deposit the guarantee money and the organization or individual depositing the guarantee money. The record is made into 02 copies, each party holding 01 copy.
Within 02 working days from the date of receiving the guarantee deposit, the person with the authority to temporarily seize the vehicle must transfer that amount of money to the finance and accounting department of their agency for management; in case the person with the authority to temporarily seize the vehicle causes the loss of the guarantee deposit or uses the guarantee deposit against regulations, depending on the nature and severity of the violation, they will be handled and must be compensated according to the provisions of law. When transferring money to the finance and accounting department, it must be made into a record; in the record, clearly state the location of the record; date, month, year of transfer of the guarantee deposit; full name, position of the transferee and the recipient of the guarantee deposit; amount of money transferred to the finance and accounting department. The record must have the signature of the transferee and the recipient of the guarantee deposit. The record is made in 02 copies, each party keeps 01 copy.
The guarantee deposit is returned to the organization or individual placing the guarantee after the violating organization or individual has complied with the penalty decision. The return of the guarantee deposit must be made into a record. The record must clearly state the location of the record; the date, month, year of return of the guarantee deposit; the full name and position of the person deciding to return the guarantee deposit; the name of the organization or individual receiving the guarantee deposit; the personal identification number or ID card number of the individual receiving the guarantee deposit; the reason for receiving the guarantee deposit back; the amount of guarantee deposit received back. The record must have the signature of the person authorized to decide on the guarantee deposit and the organization or individual receiving the guarantee deposit back. The record is made in 2 copies, each party holding 1 copy.
