Circular No. 47/2014/tt-Bca: Detailing The Implementation Of A Number Of Articles Of Decree No. 115/2013/nd-Cp Dated 03/10/2013 On The Management, Preservation Of Exhibits, The Media Hold Administrative Violations, Confiscated Th. ..

Original Language Title: Thông tư 47/2014/TT-BCA: Quy định chi tiết thi hành một số điều của Nghị định số 115/2013/NĐ-CP ngày 03/10/2013 về quản lý, bảo quản tang vật, phương tiện vi phạm hành chính bị tạm giữ, tịch thu th...

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CIRCULAR detailing the implementation of a number of articles of Decree No. 115/2013/ND-CP dated 03/10/2013 on the management, preservation of exhibits, the media hold administrative violations, confiscated by administrative procedure _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 115/2013/ND-CP dated 03/10/2013 rules of management preservation, exhibits, hold administrative violations, confiscated by administrative procedure (here written as Decree No. 115/2013/ND-CP);
Pursuant to Decree No. 77/2009/ND-CP dated 15/9/2009 regulating the functions, duties, powers and organizational structure of the Ministry of public security (amended and supplemented by Decree No. 21/2014/ND-CP on 25/3/2014);
At the suggestion of Director legislation and administrative reforms;
The Minister of public security issued a circular detailing the implementation of a number of articles of Decree No. 115/2013/ND-CP dated 03/10/2013 on the management, preservation of exhibits, the media hold administrative violations, confiscated by administrative procedure.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the place of custody evidence, the media hold administrative violations, confiscated by administrative procedure (here written as exhibits, hold media, confiscated); ensure safe management, preservation of exhibits, hold media, confiscate; dedicated officers do layout management, preservation of exhibits, hold media, confiscate; delivered vehicles for administrative violations, personal offense kept, preserved; latest guarantee vehicles detained under administrative procedures; the sequences, procedures return the exhibits, hold media; currency, payment, administration, use, storage, charge, charge, charge conservation exhibits, hold media.
Article 2. Application object 1. Organizations, individuals, and organizations, Vietnam foreign individuals have exhibits, hold administrative violations, confiscated.
2. Agencies, organizations, individuals related to the management and preservation of exhibits, the media hold administrative violations, confiscated.
Chapter II management, PRESERVATION of EVIDENCE, MEANS CUSTODY, FORFEITURE article 3. Conditions where detention exhibits, hold, media confiscating 1. With regard to the place of custody is, storing a) Must guarantee safety, hygiene and environmental conditions and does not cause harm to the life, health of human beings. Cases where the custody exhibits, outdoor media must arrange shelters or facilities against rain, Sun and others.
b) Must insure dry, breathable; There's lighting system.
c) must have a protective barrier, have drainage systems.
d) must have rules about fire and fire; equipped vehicles, fire suit.
DD) Has the equipment, the appropriate technical means for the management, preservation of each type of exhibits, hold media. The head of the place of custody evidence, means to build and organize the internship scheme, against fire, explosion.
2. With regard to the place of custody is Ben water, locks must satisfy the conditions prescribed in points a, b Paragraph 1 of this article. Private detention place was Ben water, also must meet the standards of Ben Interior.
3. With regard to places of detention is the Agency headquarters or other place of custody by competent people, confiscated the decision but must satisfy the conditions prescribed in points a, b Paragraph 1 of this article.
Article 4. Ensure safe management, preservation of exhibits, hold, media confiscating 1. With respect to exhibits, hold, media confiscating is machinery, vehicles that use gasoline, oil or fuel is easily cause fire, explosion, before putting into place of custody must drain the fuel out of the tank.
2. for exhibits, hold media, confiscate goods and is easy to pollute the environment, spread disease, damage-prone must have the equipment, technical means appropriate to preserve during the custody.
3. Is strictly forbidden to put into place a temporary hold the substances that cause fire, explosion, toxic substances, radioactive substances if the place of custody without the conditions, technical means to preserve the substance of it.
Article 5. The layout of places of custody evidence, custody, media confiscating 1. Where custody exhibits, media may be where the custody of a private or agency where joint custody of many agencies have the authority to temporarily hold exhibits, means of offense.
For regular Agency must hold exhibits, large numbers of vehicles, the provincial people's Committee, central cities are responsible for land grants and funding to build the place of custody.
2. in case of temporary agencies hold exhibits, the media has not yet qualified to build the place of detention or custody built where scale is not enough for managing, preserving most of exhibits, the media detained, seized, the Agency has the authority to temporarily keep the exhibits, you can rent a vehicle where his Agency's own custody.
The hiring of the place of custody must sign contracts. The content of the contract must meet the requirements under the provisions of the civil code and the requirements of the operation management of exhibits, hold media, confiscated by administrative procedure, which includes the following principal contents: object of the contract; the price, method of payment; the time limit, the method of performing the contract; rights, obligations of the parties; compensation liability due to breach of contract; the other content.
3. the custody case exhibits, with few vehicles or exhibits, the media are the small, compact material that it deems not necessary to move to the place where custody is home, warehouse, Ben, then the competent person to temporarily hold exhibits, media may decide to temporarily hold exhibits, that means at his Agency's headquarters. In this case, the person who has the authority to temporarily keep the exhibits, to media exhibits, hold media staff have enough ability and management conditions.
4. In the case where custody could not be arranged exhibits, means of detained, seized under the provisions of paragraphs 1, 2 and 3 of this article, the place of custody exhibits, means the place of custody by competent people, confiscated the decision but must satisfy the conditions prescribed in article 3 of this circular.
Article 6. Dedicated officers do layout management, preservation of evidence, the media detained, seized the authorities where the custody exhibits, media or assigned management where joint custody is arranged dedicated officers do the management, preservation of exhibits, hold media particular, the following: 1. Case where custody exhibits, the media is where the custody of a private agency, then that agency heads arranged dedicated officers do the management, preservation of exhibits, media.
2. Cases where the custody exhibits, the media is where joint custody of many of the different bodies in the local layout dedicated officers do the management, preservation of evidence, means prescribed by the Chairman of the people's Committee at the same level or under an agreement between local authorities.
Article 7. Delivered vehicles for administrative violations, personal offense to keep, preserve the Delivered vehicles for administrative violations, personal offense kept, preserved was made according to the provisions in article 14 of Decree 115/2013/ND-CP and the following provisions: 1. The transportation administrative violations in cases of custody to ensure the enforcement of decisions intention sanctioning administrative violations, if held, personal offense had enough one of the conditions specified in paragraph 1 article 14 of Decree 115/2013/ND-CP, the competent custody can communicate to organizations and individuals violating the hold, the media preservation under the management of the authorities competent to decide the custody (except in the case prescribed in clause 5 article 15 of Decree 115/2013/ND-CP), in particular: a) the Organization, individuals violating must send the authorities suggested custody rights are kept, preserved vehicles; in the application stating the name, address, occupation of the offense or the name, the address of the offending organization, administrative violations, the name, quantity, characteristics, types, numbers, marks, symbols, of origin, year of manufacture, number of frames, capacity (if available), the status of the media, where the keep , storage media.
Individuals violating when sent, must submit a copy of Hukou or window or confirmation of Heads of agencies, subdivisions where individuals violate is the work; as for the offending organization must submit verification of people's committees of communes, wards and towns hosted the headquarters of operation.
b) within a period not exceeding 10 working days from the date of receiving the application, the competent authority must review custody, the decision means for the Organization, individuals violating the hold, preservation. With regard to the incident have more complex, the need to have more time to verify, then within a period of not more than 10 working days from the date of receiving the application, the competent authority must review custody, the decision means for the Organization, individuals violating the hold , preservation. Case of non-delivery of the media for the Organization, individuals violating the hold, preservation must clearly state the reason.
2. the competent agency to temporarily hold the media responsible for managing, preserving the offending media from when the decision of custody until the media delivery for organizations, individuals violating the hold, preservation.
3. When the means for the Organization, individuals violating the hold, preserve, who has the authority to set up custody documents prescribed in Paragraph 2 article 14 of Decree 115/2013/ND-CP and the registration certificate custody means to guarantee the enforcement of punishment decisions (except where the organisation individuals who breach had put money guarantee). The certificate of custody must be established thereon; in the minutes stating the date, month and year of custody certificate; name, position of authority the custody; name of organization or individual custody certificates; the reason, the time limit for custody. The minutes must be signed by the Organization, individuals violating the custody of certificates of authority and custody; the minutes are made in two originals, each party holds one copy.
The Organization, individuals are, the media have a responsibility to put the media on where self-preservation.

4. organizations and individuals in time keeping, preservation of the media are not arbitrarily change where kept, preserved; need to change the cases where keeping, preservation must be agreed in writing by the person having custody jurisdiction. Where the holding, the preservation of media are changing to meet the conditions prescribed in item 2 article 6 of Decree 115/2013/ND-CP article 8. Latest guarantee vehicles detained under administrative procedures Set guarantee vehicles detained under administrative procedures be made according to the provisions of article 15 of Decree 115/2013/ND-CP and the following provisions: 1. organizations and individuals violating must send the authorities suggested custody rights are kept maintenance means; in the application stating the name, address, occupation of the offense or the name, the address of the offending organization, administrative violations, the name, quantity, characteristics, types, numbers, marks, symbols, of origin, year of manufacture, number of frames, capacity (if available), the status of the media, where the keep , storage media.
2. The time limit for consideration, the decision means for the Organization, individuals violating the keeping, preservation and responsible management, the preservation of media violation during the review, the decisions entrusted to the Organization, individuals violating the hold, preservation is made according to the provisions of point b paragraph 1 and Paragraph 2 article 7 of this circular.
3. organizations and individuals violating the bail money has put in the time allocated to keep, preserve means if use means or for the Organization, individuals are media usage, preservation to unauthorized racing, against people on duty, disturbing public order, causing a traffic accident or used as a means to perform illegal acts another law will transfer means that violations of the place of custody according to the regulations. Violations will be dealt with according to the provisions of the law.
Organizations and individuals violating the media take on places of custody under the regulations. The case could put the media on where custody or do not own the Executive decide the custody means the organization putting the media about where the custody; organizations and individuals violating must bear the costs for putting the media about the place of custody.
4. organizations and individuals put cash bail authority custody means. The level of deposit guarantees at least equal to the level of maximum fine of the prescribed penalty frameworks for a violation; the case made many administrative violations in the same service violates the deposit guaranty must at least equal the sum of the maximum level of fines for violations.
Who has the authority to temporarily hold the media upon receipt of deposit guarantees to transfer the money to the Finance Division of the Agency who has the authority to manage the custody; case the competent custody means to lose money guarantee or use money put the guarantee depending on the nature and extent of the violation which dealt with discipline and are reimbursed under the provisions of the law.
5. The most recent money guarantee and pay back money guarantee must be made in the minutes. In the minutes must specify day, month and year put money guarantee, pay back money guarantee; they, the name, the position of the person who decided to put the money guarantee; organization name, personal guarantee, get back money guarantee; Why put money guarantee, get back money guarantee; the level of deposit guarantees; the time limit set money guarantee; the liability of the Organization, personal guarantee. The minutes must be signed by authorized person decided to put the money guarantee and personal organizers, put the money guarantee. The minutes are made in two originals, each party holds one copy.
Article 9. The sequences, procedures return the exhibits, hold media 1. The return the exhibits, hold media must have the decision rendered by the competent custody decisions.
2. When return exhibits, hold media, who are tasked with managing and preserving evidence, the media conducted the following procedures: a) check the return decision; check identity and other related papers of people to receive.
People to receive exhibits, the media must be violated to have exhibits, hold or media representatives organized administrative violations have been recorded in the decision to temporarily keep the exhibits, means of administrative violations. If the person stated on the authorization for other people to get back to media figures, tang created the proxy documents under the provisions of the law.
b) require the person to receive the evidence, collated with the minutes on hold to check on the name, quantity, characteristics, types, numbers, marks, symbols, of origin, year of manufacture, number of frames, capacity (if available), the status of the exhibits, hold media presence of managers.
c) Formed thereon rendered exhibits, hold media.
Article 10. Currency, payment, administration, use, storage, charge, charge, charge conservation exhibits, hold media 1. Exhibits, hold by means of administrative violations but not to the extent seized be returned to the Organization, individuals violating the when to get back exhibits, the media, organizations, personal offense to file charges, storage charges, costs for preservation of exhibits, media in the hold time.
No charge storage fees, maintenance fees, in time exhibits, means of administrative violations custody if the exhibits, means there is no error in the administrative violations or apply measures to confiscate for exhibits, the media or organizations and individuals violating the hold Media preservation, according to the provisions of article 14 and article 15 of Decree 115/2013/ND-CP DATED. 2. The Agency's decision to temporarily keep the exhibits, the means (in the case of organized stored, preserved exhibits, hold media) or organization are agencies of the decision to temporarily keep the exhibits, to hire vehicles, preserved exhibits, free media storage , charge, charge conservation exhibits, hold media.
3. storage fees, fees, fees for preservation of exhibits, hold media; the collection, submission, management, use, storage, charge, charge, charge conservation exhibits, hold media is done according to the regulations of the Ministry of finance.
Chapter III IMPLEMENTATION article 11. Effective enforcement of this circular effect since December 7, 2014 and replaces circular No. 41/2009/TT-BCA on 04/11/2010 of the Minister of public security detailing the implementation of a number of articles of Decree No. 70/2006/ND-CP on 24/7/2006 and Decree No. 22/2009/ND-CP on February 24, 2009 on the management of exhibits media, detained under administrative procedures in the public security people.
Article 12. Responsibility 1. The heads of public security units, local units, agency heads have the authority to temporarily hold exhibits, means of administrative violations within the scope of the mission, his powers have a responsibility to check, urging the implementation of this circular.
2. The Chief of administration, heads of subdivisions, the Ministry of public security, the Director of public security of the city, centrally, the Director of the fire police and fire department, central cities and other organizations and individuals concerned is responsible for the implementation of this circular.
In the process of implementation of this circular, if there are difficulties and obstacles, public safety, local units, organizations and individuals concerned to report to the Ministry of public security to timely instructions./.