What are rights of organizations and individuals in Vietnam that own temporarily and permanently confiscated exhibits and vehicles of administrative violations?

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Question date: 20/09/2022

What are rights of organizations and individuals in Vietnam that own temporarily and permanently confiscated exhibits and vehicles of administrative violations? Thank you!

    • What are rights of organizations and individuals in Vietnam that own temporarily and permanently confiscated exhibits and vehicles of administrative violations?

      Pursuant to Article 10 of the Decree 138/2021/ND-CP stipulating rights of organizations and individuals in Vietnam that own temporarily and permanently confiscated exhibits and vehicles of administrative violations as follows:

      - Complain, accuse, recommend, and provide feedback regarding illegitimate actions or decisions of competent individuals entitled to detain, confiscate exhibits and vehicles, suspend license of operation in accordance with regulations and law on complaint and accusation.

      - Examine prior to reclaiming temporarily confiscated exhibits and vehicles and temporarily confiscated license of operation when the detention period expires.

      - Request individuals managing, maintaining temporarily and permanently confiscated exhibits and vehicles and temporarily confiscated license of operation to produce records on the loss, swap, damage of the items or parts thereof that occurs during the detention period and request agencies of individuals managing, maintaining temporarily confiscated exhibits, vehicles and temporarily confiscated license of operation to pay damages and/or compensation.

      What are obligations of agencies, organizations, and individuals in Vietnam that own temporarily and permanently confiscated exhibits and vehicles, temporarily confiscated license of operation?

      Pursuant to Article 11 of the Decree 138/2021/ND-CP stipulating obligations of agencies, organizations, and individuals in Vietnam that own temporarily and permanently confiscated exhibits and vehicles, temporarily confiscated license of operation as follows:

      - Strictly comply with decisions on temporary and permanent confiscation of exhibits and vehicles involved in administrative violations; decisions on temporary confiscation of license of operation.

      - Reclaim temporarily confiscated exhibits, vehicles, and license of operation within the deadline written in decision on temporary confiscation.

      - Comply with Point a Clause 4 Article 16 hereof.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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