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.
One of the notable highlights of this Decree is the regulation amending and supplementing Clause 1 and Point a Clause 2 Article 16 (on returning motorbikes violating traffic laws).
Accordingly, the return of exhibits, vehicles, licenses, practicing certificates that have been temporarily seized or the transfer of exhibits and vehicles that have been temporarily seized and confiscated must have a written decision from the person authorized to issue the temporary detention decision.
Notice or sending decisions (decisions to return exhibits, vehicles, licenses, practicing certificates that have been temporarily seized or decisions to transfer exhibits, vehicles that have been temporarily seized or confiscated) to investigating agencies, specialized state management agencies, appraisal agencies, representatives of credit institutions, foreign bank branches, debt trading and handling organizations (if any) or violating organizations and individuals through one of the forms of national identification application/electronic identification account, email address, phone number or other appropriate forms.
Amending and supplementing point a, clause 2 as follows:
Check the decision to return exhibits, vehicles, licenses, practicing certificates that have been temporarily seized or the decision to transfer exhibits and vehicles; check the ID card or electronic ID card or citizen ID card of the recipient.
The person who comes to receive back the exhibits, vehicles, licenses, and practicing certificates that have been temporarily seized must be the violator or the owner, manager, legal user of the exhibits and vehicles with exhibits, vehicles, licenses, practicing certificates that have been temporarily seized, or a representative of a credit institution, a foreign bank branch, a debt trading and handling organization, or a representative of an administrative violating organization that has been recorded in the decision to temporarily seize exhibits, vehicles, licenses, and practicing certificates. If the owner, organization, or individual authorizes another person to come to receive back the exhibits, vehicles, licenses, and practicing certificates that have been temporarily seized, a written authorization must be made in accordance with the law.
Thus, compared to current regulations, the return of motorbikes violating traffic laws basically remains the same as before. The new regulations add some documents when carrying out procedures such as ID cards (previously only electronic ID cards or citizen ID cards).
The new regulation from March 15 also supplements regulations on the form of notification sending. Accordingly, functional agencies can send decisions to return violating vehicles through: National identification application/electronic identification account, email, phone number or other appropriate form.
