Decree No. 115/2013/ND-CP providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures

 THE GOVERNMENT

Decree No. 115/2013/ND-CP of October 3, 2013, providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the management and preservation of material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures (below referred to as temporarily seized or confiscated material evidences and vehicles); the responsibilities and powers of agencies and persons managing and preserving temporarily seized or confiscated material evidences and vehicles; and the rights and obligations of agencies, organizations and individuals with temporarily seized or confiscated material evidences and vehicles.

2. This Decree does not apply to administrative violation material evidences and vehicles which are Vietnam dong, foreign currencies, papers and documents related to assets, valuable certificates, gold, silver, gems, precious metal, drug, weapons, explosive materials, supporting tools, objects of historical or cultural value, national treasures, antiques, rare and precious forest products, flora and fauna of various kinds, perishable goods and articles, articles banned from circulation, and other special assets, which are governed by the Law on Handling of Administrative Violations.

Article 2. Subjects of application

1. Vietnamese and foreign organizations and individuals with temporarily seized or confiscated material evidences and vehicles.

2. Agencies, organizations and individuals involved in the management and preservation of temporarily seized or confiscated material evidences and vehicles.

Article 3. Principles of management and preservation of temporarily seized or confiscated material evidences and vehicles

1. Temporarily seized or confiscated material evidences and vehicles must be strictly and safely managed and preserved and properly arranged to facilitate examination and prevent confusion, environmental pollution or epidemic spread.

2. The value, quality and standards of temporarily seized or confiscated material evidences and vehicles must be preserved.

3. Temporarily seized material evidences and vehicles may be received, returned or transferred and confiscated material evidences and vehicles may be received or transferred to agencies, organizations or individuals only upon decisions of competent persons.

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