Decree 115/2013/nd-Cp: Regulation On Management, Preservation Of Exhibits, The Media Hold Administrative Violations, Confiscated By Administrative Procedure

Original Language Title: Nghị định 115/2013/NĐ-CP: Quy định về quản lý, bảo quản tang vật, phương tiện vi phạm hành chính bị tạm giữ, tịch thu theo thủ tục hành chính

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Decree on the management, preservation of exhibits, the media hold administrative violations, confiscated by administrative procedure _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The base of law handling administrative violations on June 20, 2012;
According to the recommendation of the Minister of public security;
The Government issued a decree on the management, preservation of exhibits, means of administrative violation of custody; confiscated by administrative procedure.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the mode management, preservation of evidence, means custody, confiscated by administrative procedure (here written as exhibits, hold media, confiscated); responsibilities, powers of the Agency and the management, preservation of exhibits, hold media, confiscate; rights and obligations of the Agency, organization, individual exhibits, the media detained, seized.
2. Exhibits, means of administrative violations as Vietnam money, foreign exchange, papers, documents, documents related to the property, certificate reviews, gold, silver, precious stones, precious metals, drugs, weapons, explosives, support tools, valuables of cultural values, history, national treasures antiques, rare forest products goods, plant, animals, goods and products easy to be damaged, materials of the type prohibited circulation and other special property types do not apply to this Decree, which applies under the provisions of law handling administrative violations.
Article 2. Application object 1. Organizations, individuals, and organizations, Vietnam foreign individual exhibits, the media detained, seized.
2. Agencies, organizations, individuals related to the management and preservation of exhibits, the media detained, seized.
Article 3. Principles of management, preservation of exhibits, hold, media confiscating 1. Exhibits, means of detained, seized must be managed, preserved tight, secure, streamlined, easy-to-check, to avoid confusion, not to pollute the environment, the spread of disease.
2. Ensure to hold the value, quality, standards of evidence, the media detained, seized.
3. Just receiver, return, moving exhibits, hold or media receiver, switch media, exhibits seized for agencies, organizations, individuals when there is a decision of the competent person.
Article 4. The prohibited acts 1. Expropriations, sell, Exchange, mortgage, pledge, hitting the switch, replace the exhibits, the media detained, seized, and the other axes behavior.
2. sealing violation, bring the exhibits, hold media confiscating, out where the custody, preservation.
3. Loss, shortage, damage, intentionally damaging the exhibits, the media detained, seized.
Article 5. Funding secured for the management, preservation of exhibits, hold, media confiscating 1. Funding secured for the management, preservation of evidence, the media detained, seized, including expenses for construction, repair, expansion, upgrading the facilities or rent the place of custody; stores the equipment, the facilities required to serve for the management, preservation, shipping, delivery, receipt, inspection exhibits, hold media, confiscate; the cost to the announcement on the mass media; the cost of service handling exhibits, hold, media confiscating no longer worth using and other expenses under the provisions of the law.
2. Funding for the management, preservation of exhibits, hold media, confiscate are secured under the provisions of the law on the State budget and budget management divisions.
3. The Minister of Finance shall prescribe specific about funding secured for the management, preservation of exhibits, hold media, confiscate; storage fees, fees, fees for preservation of exhibits, hold media.
Chapter II management, PRESERVATION of EVIDENCE, MEANS OF ADMINISTRATIVE VIOLATIONS CUSTODY, FORFEITURE article 6. Where custody exhibits, hold, media confiscating 1. Where custody exhibits, hold, media confiscating is home, warehouse, Ben, Miami, locks, headquarters or other place of custody by competent people, confiscated the decision.
2. Where a temporary hold exhibits, hold, media confiscating must ensure safe, fireproof, and satisfy the conditions of protection of the environment.
3. Based on the specific characteristics of the region and on the basis of the proposal of the competent agency to temporarily hold exhibits, media, provincial people's Committee Chairman, central cities decided to build the place of custody, the General media exhibits locally; 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.
4. the people's committees of provinces and cities under central Government are responsible for governing where joint custody or entrusted to a governing body. The authorities of places of custody exhibits, media or assigned management where joint custody, dedicated officers deployed to do the management of exhibits, hold media.
5. Based on the actual situation, the Chairman of the provincial people's Committee, the central cities decided to form, building design scale where custody exhibits, means of local administrative violations.
6. The Ministry of public security on specific regulations about the conditions where the custody exhibits, means of offense.
Article 7. The duties and powers of the head of the Agency where management, preservation of exhibits, hold, media confiscating 1. Steer, track, test, monitor the implementation of management measures, preservation of evidence, the media detained, seized.
2. personnel assignment management, preservation of exhibits, hold, media confiscating match where conditions of custody.
3. timely notice to the agency decision of custody when the exhibits, custody means custody time limit runs out; exhibits, hold media has decided to return to the individual, but not to the recipient organization and exhibits, hold, media confiscating lost, damaged; the case of signs of the crime must be reported immediately to the competent investigation authority.
4. Notify the Organization of professional auctioneers or auction Council about the exhibits, the media had decided to confiscate for auction.
5. the Chairman, in collaboration with the local people's Committee, the people's armed forces, agencies, relevant units to move exhibits, hold, media confiscating to safety in case of natural disasters or other circumstances threatening the safety of exhibits, media.
6. Proposals, reports on the supply or agency heads are authorized on the status, protection projects, upgrade, fix the place of custody evidence, the media detained, seized.
Article 8. The duties and powers of the management, preservation of exhibits, hold, media confiscating 1. Receiving exhibits, hold media, confiscated by the decision of the authorized person; return the exhibits, hold or transfer media exhibits, means of detained, seized for investigating authorities or other agencies when there is a decision of the competent person.
2. Management, preservation of exhibits, hold media, confiscating the right management mode.
3. Regularly check the place of custody; timely detection of exhibits, the media is lost, damaged or where the custody does not guarantee safe to take timely remedy.
4. On the window and the full record of the hour, day, month, year, return receipt, transfer of exhibits, the media breached; the current state of exhibits, the media breached; specify the number of the decision, the time, the reason for detention, seizure and they, name, position of the person who issued the decision, who delivered, the recipient of exhibits, that means.
5. Daily statistics, periodic reporting to the head of the Agency where exhibits Manager, the media detained, seized: a) the number of exhibits, hold media, confiscate;
b) exhibits, the media has been returned to the owner, Manager or legal users;
c) the number of exhibits, media hold that the expiry of the owner, Manager or legal users not to get;
d) number of exhibits, means transferred to the competent authority;
DD) total exhibits, means there is still on hold.
Article 9. Responsible for the management, preservation of exhibits, hold, media confiscating 1. The custody decision, confiscating management responsibility, preservation of evidence, the media detained, seized.
2. Case exhibits, the media lost, sold, swapping, damage, loss, replacement components then decide custody, forfeiture is responsible for compensation and dealt with under the provisions of the law. Direct people management, preservation of evidence, the media must be responsible before the law and the decision of custody, seized on the management, preservation of exhibits, media.
Article 10. The Agency's authority, organization, individual exhibits, hold, media confiscating 1. The complaint, to denounce the behavior, unlawful decisions of the competent custody, confiscated exhibits, means of administrative violation according to the provisions of the law on complaints and denunciation.
2. check before getting back to the exhibits, the media when the time limit is temporarily on hold.
3. Ask administration officials set the minutes about the assets in custody time lost, the switch, damaged, deficient, and request the governing body exhibits, means of compensation under the provisions of the law.
Article 11. The obligation of the Agency, organization, individual exhibits, hold, media confiscating 1. Accepted the decision of custody, confiscated exhibits, means of administrative violations.
2. Get back exhibits, hold media according to the time recorded in the custody decision.
3. storage charges Filed, fees, cost of preservation exhibits, media and other expenses during the period of mourning, the media detained under regulations.

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 this Decree.
Article 12. Receiving exhibits, means of detained, seized When receiving evidence, the media detained, seized, people are given the task of managing, preserving the following steps: 1. Check the decision on detention, seizure, detention, forfeiture and other related documents.
2. Compare, contrast exhibits, detained, seized with minutes of detention, seizure and a statistics on goods, quantity, quality, volume, categories, brands, origin; sealing status (if any); on the shared track and asked to sign the delivery side of the window.
Article 13. The mode of management, maintenance, delivery, receipt of exhibits, hold, media confiscating 1. Who was given the task of managing, preserving evidence, custody, media confiscating must categorize each of the exhibits, means to layout, arranged in the correct location, convenient for the management, preservation.
2. Case exhibits, hold media are the competent authorities which custody are not eligible on means, techniques for moving about the place of detention or custody does not place enough of the necessary conditions to preserve the authority of decision of custody may be given to communal people's Committee , wards and towns where there are exhibits, means of custody or for individuals, organizations have exhibits, hold media management, preservation, if it deems the allocated to organizations, individual exhibits, hold Media Manager, conservation does not affect the secure handling of administrative violations.
Communal people's Committee, Ward, subdistrict or individuals, the Organization was given the management of exhibits, the media need to layout where the custody to meet the conditions specified in paragraph 2 to article 6 of this Decree and to adopt all necessary measures to preserve the assets assigned, accepted the decision of the decision-making authority to temporarily hold exhibits , media. If the property loss, damage caused by his fault shall be responsible before the law.
3. When delivered, received, means of evidence, seized custody must set the minutes, stating the amount, quality, volume, categories, brands, origin, condition (if any). The minutes are made in two copies signed by the two parties and each party holds one copy.
Article 14. Delivered vehicles for administrative violations, personal offense kept, preserved 1. The media traffic administrative violations in cases of custody to ensure the enforcement of the decision sanctioning administrative violations, if held, personal offense had enough one of the conditions below, the competent custody can communicate to organizations and individuals violating the hold Media preservation, under the management of the competent agency custody: a) individual violation must present the Hukou or window or have the Agency's certification unit, about where the work; If the offending organization must have a clear, specific activities are the people's committees of communes, wards and towns; there where kept, preserved vehicles that meet the conditions specified in paragraph 2 to article 6 of this Decree;
b) Organization, personal offense capable of putting financial guarantee may be kept, preserved vehicles.
2. As means for the Organization, individuals violating the hold, preservation must be established thereon. The minutes must specify name, number, weight, features, categories, brands, origin, place holds, preserved, condition of the vehicle (if applicable) and must be signed by the Organization, the individual breach and detention authority. The minutes are made in two originals, each party holds one copy.
3. the competent authority shall inform the custody Committee of the people's communes, wards and towns where are the media by organizations, individuals violating the hold, preservation to coordinate monitoring, management.
4. organizations and individuals in time are preserved, the media is changing where kept, preserved if the written consent of the person competent to custody.
5. The media in the time allocated to the individual, organization, conservation will not be allowed to circulate, the certificate of registration of the media will be the custody to ensure the enforcement of punishment decisions (except in the case of organizations, individuals in violation have put money guarantee).
6. In the time allocated to keep, preserve the means, if the Organization, individuals violating the Executive not properly rule on where to keep, preserve, arbitrarily change where kept, preserved vehicles, used vehicles are violations, preserving the rules of law will transfer means that violations of the place of custody according to the regulations; the event to happen to lose, sell, switch, swap, pledge or other disposition acts for the media to be responsible and be dealt with according to the provisions of the law.
Article 15. Latest guarantee vehicles detained under administrative procedures 1. The case was set to guarantee vehicles detained under administrative procedures made under the provisions of Point b of paragraph 1 Article 15 of this Decree.
2. Who has the authority to detain vehicles violating the competent administrative decisions for the Organization, personal guarantee that transportation.
3. The procedure and the level of deposit guarantees: a) Organization, personal guarantees for the competent custody means. The level of deposit guarantees at least equal to the level of maximum fine of framing the fines prescribed for offences. Deposit guaranty was returned to the Organization, individuals set the bail after the Organization, individuals violating the Executive has done decide sanction.
The latest money guarantee and return that amount must be established thereon. The minutes are made in two copies, one copy given to the Organization, personal guarantee;
b) within 10 days from the date of expiry of decision executive sanction that organization, individuals do not accept the decision sanctioned the amount of guarantee was converted into the amount of the sanction; case of deposit guarantee for greater sanctions, then the rest of the amount of guarantee after deducting the amount of fines to be paid back for the Organization, personal guarantee.
4. The management and preservation of vehicles in case of guarantee money set to follow the provisions in paragraphs 2, 3, 4, 5 and 6 of this Decree, article 14.
5. in The case of no money guarantee: a) the transportation of violations is evidence of the criminal;
b) means of transport being secured transactions registry;
c) vehicles are used for illegal racing, against people on duty, disturbing public order or cause traffic accidents;
d) media registration certificate was faked, repaired;
Sea control), the media were unauthorized change of the frame, the frame number, number of deleted or.
Article 16. Order and procedure when return exhibits, hold or transfer media exhibits, hold, media confiscating 1. When return exhibits, hold or transfer media exhibits, means of detained, seized, people are given the task of managing, preserving responsibly: a) check the decision rendered or decision to move exhibits, that means; check identity and other related papers of people to receive;
b) require the person to receive the evidence, collated with the minutes on hold to check on the type, quantity, volume, quality, characteristics, status of the exhibits, the media detained, seized, under the witness of managers. The delivery, get back exhibits, means of custody must be established thereon;
c) transfer case exhibits, means that for the Agency, the Organization of professional auctioneers, state management bodies or specialized auction Board or examiners who manage, preserve evidence, custody, media confiscating must set the minutes in the number , volume, weight, categories, brands, origin, condition of exhibits, media. The minutes was signed by both parties and party, each party holds one copy;
d) for exhibits, vehicle seized had been the decision by the authorized State agencies transferred to the management, use, the Agency had decided to confiscate, in collaboration with financial institutions of the same level transferred to the assigned management agency , used under the provisions of the law on management and use of State property.
2. The Manager, preserving only the return or transfer of exhibits, the media detained, seized when there is adequate the procedures as defined in art. 1 of this article.
3. Exhibits, the media have been taken out of the place of custody, the person receiving the exhibits, the media must take responsibility for the loss, changes to exhibits, that means.
Article 17. Handling of exhibits, the media hold expiry for exhibits, means of administrative violation of custody time limit too if people violate not to accept without good reason or circumstances do not determine who violated the decision of custody must be informed at least 10 times on the mass information media of the central or local custody exhibits, the media and the public listing at the headquarters of the Agency who has the authority to temporarily hold; within a period of 30 days from the date of the last notice on the mass media and public listing, if the breach is not to receive the authority to decide to confiscate exhibits, means of administrative violations to handle according to the provisions of article 82 of law handling administrative violations and the provisions of relevant laws.
Chapter III the TERMS of the IMPLEMENTATION of Article 18. Effect 1. The Decree has effect from the date of November 18, 2013.

2. Abolition of Decree No. 70/2006/ND-CP dated 24 July 2006 regulating the management of exhibits, the media detained under administrative procedures, Decree No. 03/2009/ND-CP dated 24 February 2009 amending and supplementing a number of articles of Decree No. 70/2006/ND-CP dated 24 July 2006 regulating the management of exhibits media, detained under administrative procedures.
Article 19. Responsibility 1. The Minister of public security detailing the implementation of this Decree.
2. The Chairman of the provincial people's Committee, central cities are responsible for building or ground level, funding secured for the management of the exhibits, the media detained, seized at his local, directed the local authorities to coordinate security, order safety, in the place of custody.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.