The Ministry of Public Security has just responded to the people about the situation where a vehicle that violates traffic laws is temporarily detained but is damaged. In that case, who will be responsible, the violator or the authorities?
According to the Ministry of Public Security, Decree No. 138/2021/ND-CP dated December 31, 2021 of the Government regulating the management and preservation of exhibits, means of administrative violations that are temporarily seized, confiscated, and licenses and practice certificates temporarily seized according to administrative procedures has provisions on this matter.
Specifically, Clause 2, Article 3 clearly states that the seized and confiscated exhibits and means must be kept intact, regardless of the reduction in value due to objective reasons such as weather, humidity, wear and tear over time and other reasons.
According to the Traffic Police Department, all localities are experiencing overload at temporary parking lots for violating vehicles.
In addition, Clause 3, Article 9 states that the person managing and preserving the seized exhibits, means, licenses, and practice certificates is directly responsible for managing and preserving the seized exhibits, means, and confiscating the seized licenses and practice certificates.
In case the seized exhibits, means, licenses, and practice certificates are lost, sold in violation of regulations, swapped, damaged, have lost components, or are replaced, the person who issued the decision to temporarily detain or confiscate must be responsible before the law and the person who issued the decision to temporarily detain or confiscate for the management and preservation of the seized exhibits, means, licenses, and practice certificates.
Therefore, the Ministry of Public Security affirms that when encountering the above situation, vehicle owners need to contact the agency that issued the decision to temporarily detain the vehicle for resolution.
According to lawyer Diep Nang Binh (Ho Chi Minh City Bar Association), in case the traffic police decide to temporarily detain a vehicle for violation, they must be responsible for managing and preserving the vehicle from the time of detention until the vehicle is handed over to the violating organization or individual. In case of damage or loss, they must be responsible for compensating for the damage.
If the traffic police assign an individual or unit to keep and manage a temporarily seized vehicle, that individual or unit must be responsible to the police if damage or loss occurs.
In case a traffic violator finds damage or loss when receiving a detained vehicle, the person who issued the decision to detain or confiscate the vehicle shall be responsible for compensation and shall be handled according to the provisions of law.
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